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REGULAR COUNCIL MEETING AGENDA April 23, 2007 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE 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 April 9, 2007 2. Proclamation - Arbor Day 3. Final Report and Recommendations of the Sex Offender Legislation Review Committee 4. Presentation - Certificates of Appreciation for Members of the Sex Offender Legislation Review Committee 5. Annexation/Rezoning Public Hearing/Final Reading - Property Located on the West Side of Bay Road at the Intersection with Lafferty Lane, Containing 3.30+/- Acres (owned by Island Farm Inc., David K. Harer, and Ryan W. Lloyd. The equitable owner is Stillman Glade Associates, Inc.) A. Annexation Referendum Results (04/12/07): 3 FOR 0 AGAINST B. Annexation Resolution C. Rezoning Public Hearing and Final Reading of Proposed Ordinance to amend the zoning designation from RS-1, Single Family Residence, and BN, Neighborhood Business (Kent County), to C-4 - Highway Commercial, subject to the AEOZ - Airport Environs Overlay Zone (City of Dover) The First Reading of the proposed ordinance was accomplished during the Council Meeting of February 12, 2007

Council Agenda April 23, 2007 Page 2 6. Public Hearing/Final Reading - Proposed Amendments to Comprehensive Plan Update 2003, as Amended in May 2005 and September 2006 The First Reading of the following proposed ordinances was accomplished during the Council Meeting of January 22, 2007. Copies of the proposed ordinances are available at the entrance of the Council Chambers. A. An Ordinance amending the City of Dover Comprehensive Plan Update 2003, as amended in May 2005 and September 2006, by amending Land Development Map 11-1 by changing the Land Use Type from Commercial to Residential Medium Density on that property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC. (Rezoning from SC-3 to RM-2 - See Item #7) Tabled During Council Meeting of April 9, 2007 7. Public Hearing/Final Reading - Rezoning Property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC. The property is currently zoned SC-3 (Regional Shopping Center Development) and the proposed zoning is RM-2 (Medium Density Residence) The First Reading of the proposed ordinance was accomplished during the Council Meeting of January 22, 2007. Tabled during the April 9, 2007 Council meeting (Petition Received) 8. Public Hearing/Final Reading - Proposed Zoning Text Amendments The First Reading of the following proposed ordinances was accomplished during the Council Meeting of March 12, 2007. Copies of the proposed ordinances are available at the entrance of the Council Chambers. A. Appendix B - Zoning, Article 3 - District Regulations, Section 10 - Institutional and Office Zone B. Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 14 - Day Care Facilities C. Appendix B - Zoning, Article 6 - Off-street Parking, Driveways and Loading Facilities, Section 3 - Required Off-street Parking Spaces D. Appendix B - Zoning, Article 12 - Definitions * 9. Utility Committee Report - April 9, 2007 A. Evaluation of Bids - System Control and Data Acquisition (SCADA) Maintenance Contract B. Brown Water Update * 10. Legislative, Finance, and Administration Committee Report - April 9, 2007 A. Luther Village Subdivision Waiver - Street Frontage B. Evaluation of Bids - HVAC System for Public Utilities Department * 11. Special Joint Council and Committees Meeting - April 12, 2007 A. Delaware Civic Center Multi-Purpose Arena Presentation by Carolyn Courtney, Delaware Civic Center Administrator

Council Agenda April 23, 2007 Page 3 12. Legislative, Finance, and Administration Committee Report - April 23, 2007 (except for the following tim e sensitive issues, the LF&A Com m ittee Report from April 23, 2007 will be presented to Council during their Regular Meeting of May 14, 2007 for Council’s review and consideration) A. Proposed Resolution in Support of the Delaware Civic Center * 13. Monthly Reports - March 2007 A. Budget Report B. Chief of Police Report C. City Assessor Report D. City Manager’s Report E. Planning and Inspections Report F. Dover Fire Department Report G. CIP Report * 14. City Manager's Semi-Annual Inspection - Robbins Hose Company 15. Election Results - 2007 Municipal Election 16. Rezoning Request/First Reading (Recommended for referral to the Planning Commission on May 21, 2007 and that a Public Hearing be set for June 11, 2007 at 7:30 p.m.) A. Property located at 1004 South State Street, consisting of .07635+/- acres, owned by Sunoco, Inc. The equitable owner is BBC Properties, Inc. The property is currently zoned C-3 (Service Commercial) and the proposed zoning is C-2A (Limited Central Commercial) 17. First Reading - Proposed Zoning Text Amendment The First Reading is offered on the following proposed ordinance. Since it is an amendment to the Zoning Code, a public hearing is required. It is recommended for referral to the Parks, Recreation, and Community Enhancement Committee on April 24, 2007, the Planning Commission on May 21, 2007, and that a Public Hearing be set for May 28, 2007 at 7:30 p.m. and that the Second Reading and Final Action by Council take place at that time. 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. Appendix B - Zoning, Article 3 - District Regulations, Section 2 - General Residence Zones (RG-1 and RG-2) 18. Council Members Announcements /tm S:\ClerksOffice\Agendas&Minutes\Council-Agendas\2007\04-23-2007.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 April 9, 2007 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane. Council staff members present were Police Chief Horvath, Mr. Capuano, Mrs. Mitchell, Mrs. Townshend, Deputy Fire Chief Carey, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. There was no one present wishing to speak during the Open Forum. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Council President Williams requested that item #5A - Public Hearing/Final Reading for the Rezoning of 747 North DuPont Highway be considered prior to #4A - Public Hearing/Final Reading of Proposed Amendments to Comprehensive Plan Update 2003 (Blue Hen Corporate Center). She also requested the addition of item #15 - Final Reading, Revised Budget Ordinance. Mr. Slavin moved for approval of the agenda, as amended, seconded by Mr. Carey and unanimously carried. Mr. Ruane requested that items #7A - Discussion, Options to Address Regulation 1146 Emission Control Requirements at McKee Run 3 Electric Generation Station, #7C - Proposed Energy Conservation Plan for Dover, and #7D - Franchise Agreement Comprehensive Strategy, be removed from the Consent Agenda. Mr. Hogan requested that item #8G - FY07 CDBG Grant Applications, Review, and Recommendations, be removed from the Consent Agenda. Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Salters and carried by a unanimous roll call vote. ADOPTION OF MINUTES - COUNCIL RETREAT OF MARCH 15, 2007 By consent agenda, Mr. Carey moved for adoption of the Council Retreat Minutes of March 15, 2007, seconded by Mr. Salters and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 26, 2007 The Minutes of the Regular Council Meeting of March 26, 2007 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 2 RESOLUTION - SPRING CLEAN UP WEEK The City Clerk read a proposed Resolution for Spring Clean Up Week. By motion of Mr. Salters, seconded by Mr. Hogan, Council unanimously adopted the following Resolution: WHEREAS, we are fortunate to live in a City so abundantly blessed with natural assets and we have a continuing responsibility for preserving our environment by keeping it clean, healthy, and beautiful; and WHEREAS, the Annual Old Dover Days celebration, a period set aside to honor the heritage of the City, will be celebrated May 4 - 6, 2007; and WHEREAS, during this celebration we have the opportunity to demonstrate to ourselves, our neighbors, and our visitors, our commitment to a clean and beautiful city. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the week of April 23 - 27, 2007 is designated as SPRING CLEANUP WEEK in the City of Dover. 2. That all organized and individual segments of our population participate in this noble effort by developing and carrying out imaginative clean-up, paint-up, and fix-up projects which will serve to enhance, restore, or maintain the beauty of all properties in our community. 3. All Spring Cleanup debris should be placed for pickup along with regular household garbage during the week of April 23 - 27, 2007 so that our City will exemplify cleanliness and beauty during the Old Dover Days celebration. ADOPTED: APRIL 9, 2007 PRESENTATION - GOVERNMENT FINANCE OFFICER’S ASSOCIATION (GFOA) DISTINGUISHED BUDGET PRESENTATION AWARD The Distinguished Budget Presentation Award for Fiscal Year beginning July 2006, from Government Finance Officers Association (GFOA), was awarded to the City of Dover. This award signifies the excellent manner in which the City prepares and presents its budget. On behalf of the Mayor and City Council, Mr. Salters, Chairman of the Legislative, Finance, and Administration Committee, presented the award to Mrs. Tieman, Director of Administrative Services. Mrs. Tieman noted that this is the 18th time the City has received this award (16th consecutive). PRESENTATION - MIRROR LAKE FOUNTAIN Mr. Gardner, Line Crew Superintendent, presented a Power Point Presentation of the City of Dover Mirror Lake Fountain (As on File in the Office of the City Clerk). He stated that one of his goals for this year was to select an area in Dover to enhance its beauty and establish water quality control.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 3 Responding to Mr. Ruane, Mr. Gardner explained that the fountain requires 28 amps, which could not be accomplished using solar energy and that a windmill would be very costly. He stated that the daily electric use for the fountain is $8.89. As will be considered later in this meeting, Mr. Ruane stated that the Council will be pledging to make more use of energy conservation measures and would appreciate staff reaffirming their contribution. He requested that in the future, staff incorporate energy conservation measures when considering such facilities. Mr. DePrima thanked Mr. Gardner and the line crew for their efforts. Concurring with Mr. Ruane, Mr. DePrima stated that all departments will have goals and the challenge to develop ways of implementing and using energy efficiency, green power, etc. With regards to the Mirror Lake Fountain, he stated that there is an environmental aspect to the project since it will serve to improve water quality. Mr. DePrima stated that staff will be reviewing this project to determine how it affects some of the algae blooms in the lake and it is hoped that it will have a positive affect. PRESENTATION - POLICE DEPARTMENT ANNUAL REPORT The Police Department submitted their Annual Report to City Council during their Regular Meeting of February 26, 2007. Chief Horvath provided a Power Point Presentation (As on file in the Office of the City Clerk), depicting highlights of the report. PRESENTATION - PLANNING AND INSPECTIONS DEPARTMENT ANNUAL REPORT The Planning and Inspections Department submitted their Annual Report to City Council during their Regular Meeting of March 26, 2007. Mrs. Townshend provided a Power Point Presentation (As on file in the Office of the City Clerk), depicting highlights of the report. PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 747 NORTH DUPONT HIGHWAY, OWNED BY 747 ASSOCIATES, LLC A public hearing was duly advertised for this time and place to consider rezoning of property located at 747 North DuPont Highway, owned by 747 Associates, LLC. The property is currently zoned C-4 (Highway Commercial) and the proposed zoning is SC-2 (Community Shopping Center). Mr. Salters moved that the final reading of the proposed rezoning ordinance amendment be acknowledged by title only, seconded by Mr. Hogan and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of February 26, 2007). Planner's Review Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1). Public Hearing Council President Williams declared the hearing open. Ms. Amanda Jones, Morris & Ritchie Associates, relayed support for the project and explained that the rezoning would allow for a greater variety of uses within a commercial zone. She noted that the property is completely surrounded by commercial uses and that the request is consistent with the Comprehensive Plan.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 4 Mr. Rudolph Ruffin, 705 N. DuPont Highway - property owner of Arby’s Restaurant, stated his support for the requested rezoning, with a stipulation. He stated that the restaurant is the only business on Route 13 that has a pumping station. If any development is made on the Berry Van Lines property, he requested that arrangements be made for the tie in of their sewer line in order to eliminate the pumping station. He has been advised that once the Berry Van Lines property is developed, there is no other means to correct this situation. Mr. John Paradee, Attorney with Pricket, Jones, and Snyder of 11 N. State Street, relayed his support for the rezoning for the reasons stated by the City Planner and that of the Planning Commission. He stated that the project is entirely consistent with the Comprehensive Plan and with the character of the neighborhood in the area. Mr. Paradee indicated assurance that the property owners would be willing to consider the issue previously mentioned by Mr. Ruffin regarding the sewer connection. He stated that this would be an issue to consider during the site plan process. Although the plans for the sewer lines from the City have not been obtained, he stated that as a matter of public record, they would be willing to look into and hopefully address this issue. Council President Williams declared the hearing closed. Mr. Salters moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Hogan and by a unanimous roll call vote, Council adopted the following ordinance: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 747 NORTH DUPONT HIGHWAY. WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-4 (Highway Commercial) to SC-2 (Community Shopping Center). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-4 (Highway Commercial) to SC-2 (Community Shopping Center) on that property located at 747 North DuPont Highway, consisting of three (3) parcels containing 25.058 +/- acres, owned by 747 Associates, LLC. ADOPTED: APRIL 9, 2007

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 5 PUBLIC HEARING/FINAL READING - PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN MAY 2005 AND SEPTEMBER 2006, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND USE TYPE FROM COMMERCIAL TO RESIDENTIAL MEDIUM DENSITY ON THAT PROPERTY LOCATED EAST OF SOUTH BAY ROAD AND EAST OF THE BLUE HEN CORPORATE CENTER, OWNED BY BLUE HEN CC, LLC A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment to the Comprehensive Plan Update 2003, as amended in May 2005 and September 2006, which would amend Land Development Map 11-1 by changing the land use type from Commercial to Residential Medium Density on that property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC. Council President Williams reminded members that this matter was postponed during the Regular Council Meeting of March 12, 2007. (City Clerk’s Note: See Agenda Item #5B, Rezoning Request from SC-3 to RM-2). Mr. Slavin moved that the final reading of the proposed ordinance amendment be acknowledged by title only, seconded by Mr. Hogan and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of January 22, 2007) Planner's Review Mrs. Townshend, City Planner, reviewed the petition to amend the Land Development Plan Map of the Comprehensive Plan and the findings and recommendation of the Planning Commission. She advised members that the property consists of 23.35+/- acres located east of South Bay Road and east of the Blue Hen Corporate Center. The amendment is being requested by DE Exchange, LLC and Blue Hen CC, LLC. The subject parcels are currently zoned SC-3 (Shopping Center Development) and are depicted on the Land Development Plan map as Commercial. The applicants are requesting a change in the land use designation from Commercial to Residential Medium Density and have submitted an application to rezone the property to RM-2 (Medium Density Residence Zone), which will be considered later in the meeting (Item #5B). Mrs. Townshend noted that the Planning Commission recommended approval of amending the Land Development Plan Map designation from Commercial to Residential Medium Density (and amending the zoning classification from SC-3 to RM-2). Responding to Mr. Hogan, Mrs. Townshend indicated that the current zoning classification, SC-3, would allow all retail, office, personal service, recreational, and institutional facilities, which can be shown by market analysis to be needed and which will have no adverse effect on adjacent land uses. The classification is pretty broad in allowing most any retail establishment. In regards to there being no frontage on a public street, Mrs. Townshend stated that it would be necessary to have street right-of-way dedicated to the City as part of this project. It has been determined that the City would require two (2) roadway accesses to the property when this property is developed. She also explained that the property is located almost entirely in the Airport Environs Overlay Zone under Noise Zone A which does permit residential uses. It will be subject to the requirements of the AEOZ regardless of the zoning classification. Mr. Ruane noted that included in the packet (and made a part of the record) are: 1) April 3, 2007 Memo from Ann Marie Townshend; 2) Letter from Mr. Gregg Moore, Principal of Becker Morgan Group, dated March 19, 2007; and 3) April 4, 2007 Memo from Sharon Duca, Assistant City Engineer, regarding the Preliminary Assessment of Pump Station #6 (Schoolview).

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 6 At the request of Mr. Ruane, and there being no objections, Mrs. Duca, Assistant City Engineer, reviewed the Preliminary Assessment of Pump Station #6 (Schoolview). She stated that one of the main requirements for any developer, when they connect to the City’s water or sewer system, is that they are required to make any capacity adjustments or any other required improvements to the system at their expense. With regards to Pump Station #6, she stated that there are two (2) limiting factors that would require additional system upgrades, as follows: 1) sanitary sewer entering Pump Station #6; and 2) sanitary sewer in which Pump Station #6 discharges. The sewer entering the pump station has a limit of 68 EDUs that would give it a full flow capacity which in and of itself is not recommended (City desires 3/4 full). The pump which it discharges into is limited to approximately 118 EDUs, that would have similar stipulations as the incoming pipe. Mrs. Duca stated that various upgrades were not investigated that would be required at the pump station because there are various combinations that can be accomplished in relation to the size of pipe that is exiting, changes to the wet well, changes to the pump itself, etc., which is outside the scope of the what city staff does since this falls on the developer to propose potential improvements for city staff to review. In order for additional units to enter this station, there would need to be some significant upgrades to the sewer lines and the pump station involved. She also noted that there are sewer facilities available to the west of the site and to the north and that the developer could add a private pump station. The City would not object to either of these alternatives. Responding to Mr. Slavin, Mrs. Townshend explained that in 2005, when the City was considering amending the 2003 Comprehensive Plan Update and the Comprehensive Rezoning, staff initially proposed changing the land use designation to what is currently being requested, as well as a zoning classification of RM-2. She stated that it was felt that this property would be an appropriate area of the City for a medium density residential zone, since it would provide a transition from the more intense shopping center use to the residential use to the rear of the property, near the Schoolview property. From a planning perspective, Mrs. Townshend stated that such a change in the use would provide for in-fill development, also the opportunity for residential uses in an area where the City is looking for economic development to occur, and provide for the “live where you work” scenario, which provides positive aspects to air quality, community, etc. In response to Mr. Ruane, Mrs. Townshend stated that the City received a petition from the residents of Schoolview in opposition to the proposed rezoning. During staff’s initial analysis of the petition, it was determined that the signatures comprised 25.79% of the land area adjacent to the subject parcel. In accordance with Title 22, Chapter 3, of the Delaware Code, since this exceeds 20% of the property owners within 100 feet of the subject parcel, an affirmative vote of 3/4 of City Council would be required to approve the rezoning. However, she explained that after discussions with the City Solicitor, it was determined that the actual qualified signatures comprised 14.46% of the land area adjacent to the subject parcel, which would require a simple majority vote of Council rather than a 3/4 vote. Mrs. Townshend indicated that this vote is relative to the rezoning request and not for the Plan Amendment. Mr. Ruane suggested that future notices sent to adjacent property owners include petition requirements. Responding to Mr. McGlumphy regarding valid signatures, City Solicitor Rodriguez stated that a property that is owned by a husband and wife would require both signatures. A signature that is written as “Mr. and Mrs. John Doe” does not qualify as a signature of either owner. He explained that the actual property owners, as listed on the deed, would be required to sign the petition in order to qualify. The signature requirement is State law and also interpretation by the courts in the State

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 7 of Delaware. City Solicitor Rodriguez did not feel that it would be incumbent upon the City to notify the residents that the petition does not qualify for the 3/4 vote requirement due to unacceptable signatures. He further stressed his opinion that the City should not get into the position of advising the public of the law, explaining that it could cause legal issues. He suggested that residents obtain the advice of outside counsel. Mr. McGlumphy advised members that he has been working with the residents of Schoolview since last April and that he is aware that there was a previous petition that was signed by approximately 90 individuals that were opposed to the proposed hotel. He relayed disappointment in receiving notification of the petition’s invalidation just prior to the meeting. It was his feeling that the City should have given the residents notification regarding their petition. Concurring with City Solicitor Rodriguez, Mr. McGiffin felt that it should not be the City’s responsibility to interpret the law for residents. He advised members that ignorance of the law is not a defense to any action and that it is incumbent upon the residents to determine how to handle matters. In response to Mr. Hogan, Mrs. Townshend confirmed that the Day Care Center, located on the northern end of the proposed site, is not included in the amendment, as is indicated on the map. Mr. Ruane stated that he would not suggest that the City should interpret the law for residents; however, he suggested that a copy of the existing statute could be provided by the City as a courtesy to the public and to avoid situations such as the one before them. Responding, Mrs. Townshend advised members that it is not the law in Delaware Code that is the issue. Delaware Code addresses the voting requirements when a petition is received from property owners within 100 feet. It is case law in the State of Delaware that determines what constitutes a valid signature. It was City Solicitor Rodriguez’ feeling that the residents, as well as staff, were aware of the Delaware Law requiring signatures of 20% of the property owners within 100 feet of the site; however, it is the interpretation of actual cases that is the issue. If the City were to begin publishing the case laws and interpreting what the case law is, the City will be getting themselves into trouble. Responding to Mr. Carey, City Solicitor Rodriguez noted that the public hearing scheduled for this time and place has not yet been held. It was his opinion that if the matter was tabled and the public hearing rescheduled, a new petition could be filed. He further explained that the public hearing would need to be closed tonight if it were opened tonight and then no further information could be received from the public once the public hearing is closed. Mr. Carey moved to table the matter until the next meeting scheduled for April 23, 2007, seconded by Mrs. Russell. Mr. Slavin stated his feeling that a lesson has been learned, explaining that he was not aware of the case law. In response to a previous statement made by a fellow member regarding the City’s responsibility to educate residents, he noted that all members of Council were provided the

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 8 information and some members have been meeting with the residents. It was his opinion that those members of Council had the responsibility to learn and know what constitutes a valid petition as well. However, he wanted those signers of the petition to realize that members of Council are not just ignoring their position. Although the petition may not qualify to require a 3/4 vote of Council, Mr. Slavin indicated that Council takes into consideration the intent of the signers whenever a petition is received. Mr. Slavin encouraged members to move forward with the public hearing, noting that some points have already been resolved, such as the sewer issue, and that there has been a substantial amount of information provided for the public record. At the request for clarification by Mr. Salters, City Solicitor Rodriguez confirmed that if there are four (4) people listed on the deed for one (1) property, for a signature to be valid on a petition of this nature, all four (4) signatures would be required. On a call for the question, the motion to table the consideration of a proposed amendment to the Comprehensive Plan Update 2003, as amended in May 2005 and September 2006, which would amend Land Development Map 11-1 by changing the land use type from Commercial to Residential Medium Density on that property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC until the next Regular Council Meeting of April 23, 2007 was carried by a roll call vote of six (6) yes, and three (3) no (Mr. Slavin, Mr. McGiffin, and Mr. Salters). PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED EAST OF SOUTH BAY ROAD AND EAST OF THE BLUE HEN CORPORATE CENTER, OWNED BY BLUE HEN CC, LLC A public hearing was duly advertised for this time and place to consider rezoning of property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC. The property is currently zoned SC-3 (Regional Shopping Center Development) and the proposed zoning is RM-2 (Medium Density Residence). This matter was postponed during the Regular Council Meeting of March 12, 2007. Due to the tabling of the previous item, Council President Williams noted that no further action can be taken regarding the rezoning application. Mr. McGiffin moved to table the rezoning request of property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC. The motion was seconded by Mr. Hogan and unanimously carried. SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MARCH 19, 2007 A Special Parks, Recreation, and Community Enhancement Committee meeting was held on March 19, 2007 with Chairman Ruane presiding.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 9 FY07 Grant Application Presentation, Review, and Recommendations It was noted that the committee will serve as the FY07 Grant Application Review Panel for the Community Development Block Grant Applications for Fiscal Year 2007. As such, members were provided application details, staff reports summarizing each application, a CDBG Review Panel Scoring Sheet, and a worksheet for summarizing individual evaluations of each application. Mrs. Harvey, Community Development Coordinator, requested that each member summarize their evaluation of each application on the CDBG Review Panel Worksheet based on needs determined from the site visit, oral presentations from each applicant, and individual scoring of each applicant. She explained that the number in the parenthesis for each measure to be scored is the maximum score for a given category. The maximum total points is 100. Mrs. Harvey advised members that the total grant available for activities is $238,660 and explained the allocation requirements of the grant, as follows: CDBG Funds allocation $278,978 Anticipated Program Income $ 19,346 $298,324 20% of the Grant must be allocated $298,324 for Program Administration x .20 $ 59,664 Public Service Activities cannot $298,324 exceed 15% of the Grant x .15 $ 44,748 Total Grant Available for Activities $238,660 ORAL PRESENTATIONS Each applicant was provided an opportunity to make oral presentations before the committee, as follows: First State; Resource Conservation and Development Council (RC&D) - $25,000 Ms. Christne L. Stillson, Director of Emergency Home Repair Project for the First State Resource Conservation and Development Council (RC&D), explained that the grant application, in the amount of $25,000, is to support the activities of the Emergency Home Repair Project for repairing an estimated eight (8) to ten (10) homes in the City of Dover during the 2007/2008 fiscal year. She advised members that these funds will assist very low income homeowners in the elimination of severe housing conditions that constitute immediate health or safety hazards to the residents of the home, such as heating systems, roof replacements, hazardous electrical systems, and wheel chair ramps. Having received CDBG Grant money in previous years, Ms. Stillson stated that there have been a total of 14 sites receiving repairs in the City limits. Members were provided details regarding the site locations and the repairs received from July 2005 to date.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 10 Connections Community Support Programs, Inc. - $25,000 Ms. Kirsten Olson, Director of Development and Housing for the Connections Community Support Programs, Inc., advised members that the organization serves individuals that have been chronically homeless for one (1) year or more and have extremely low income. The grant application, in the amount of $25,000, is to support their new Easy Access 2 Permanent Housing Program, which is the first permanent supportive housing program for the chronically homeless to be sited in the City of Dover. Ms. Olson explained that Connections Community Support Programs, Inc. provides a comprehensive array of community-based treatment, support, housing, and rehabilitation services for people recovering from and living with mental health and substance use conditions, homelessness, and HIV/AIDS. In response to Mr. Ruane, Ms. Olson indicated that she has had discussions with the City Planner and has obtained an attorney to determine if there is a zoning issue with the current activities of the Connections facility. House of Pride - $33,050 Mr. Mondoe Davis, Operations Manager for the House of Pride, as well as Planning Coordinators, Ms. Lisa Davis and Mr. Gary Kennedy, addressed members regarding the House of Pride CDBG application in the amount of $33,050. The request is to provide extermination services for wood destroying insects, rodents, and cockroaches, and heat installation. Mr. Davis stated that the organization provides transitional housing for substance abuse and drug addicted individuals. It was noted that the House of Pride received a CDBG grant in 2003 for $25,000, which was returned to the City for failure to comply with program guidelines and to expend the funds in a 24 month period. Tolano and Cathy Anderson - $57,000 Mr. Tolano Anderson, Owner/Manager, and Mrs. Cathy Anderson, Co-Owner/Assistant Manager, advised members that their goal is to provide residential housing for low to moderate income and handicapped persons and assists in the revitalization efforts in the downtown target area. The properties to be rehabilitated are located at 301B, 303A, 303B, and 305A W. Loockerman Street. Mr. Anderson explained that the funds would be used for structural framing, roof and ceiling work, plumbing, electrical, and HVAC, walls, sub-floors, windows and fixture installation, trim work, floor covering, and appliances, as well as landscaping, parking, security, and lighting. He noted that the commercial storefront located at 301 W. Loockerman Street will be developed exclusively at the owner’s expense. Delaware Valley Development Company - $150,000 Mr. Glenn Worgan, Vice President of the Delaware Valley Development Company, explained that the grant application, in the amount of $150,000, is to assist with the revitalization of the Walker Woods rental community. He advised members that the Delaware Valley Development Company is a full service real estate development, building, and investment company specializing in affordable housing. He noted that the total development cost is approximately $8,000,000. Responding to Mr. Ruane, Mr. Worgan indicated that a letter of support from the City of Dover would improve the chances of obtaining grant monies from the State of Delaware.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 11 City of Dover Community Development Projects: Program Administration - $59,635; Homeowner Rehabilitation Assistance Program - $50,000; Homeownership Assistance Program - $40,000; and City Facilities ADA Improvements - $26,800 Mrs. Tracy Harvey, Community Development Director, advised members that the Program Administration funds, in the amount of $59,635, will be used to oversee management, monitoring, and coordination of the CDBG program in the City of Dover. She stated that the Homeowner Rehabilitation Assistance Program funds, in the amount of $50,000, will be used to rehabilitate qualified owner occupied homes found in violation of the City’s Housing Code. She indicated that the Homeownership Assistance Program funds, in the amount of $40,000, will be used to provide downpayment or settlement assistance to first time homebuyers who purchase property in the City of Dover. Mr. Scott Koenig, Public Utilities Director, advised members that the City Facilities ADA Improvement funds, in the amount of $26,800, will be used to replace the water coolers in Weyandt Hall so that they are handicapped accessible; a no slip tread will be added to the stairway in Weyandt Hall; the men’s bathroom in City Hall will be converted to a handicapped accessible bathroom that will be a family bathroom; and no slip treads and an additional a handrail will be installed on the steps to the Mayors Office. Whatcoat Social Service Agency - $15,000 No one was present to speak on behalf of Whatcoat Social Service Agency. Noting that each of the applicants, with the exception of the City of Dover, had completed a Sub- Recipient Application Form, including additional required information, Mrs. Russell felt that City staff should be required to submit the same material as required of all other applicants. Mr. McGlumphy also relayed concern that all applicants are not aware of the deliberations of the committee and that they should be given the same opportunity as City staff to attend these deliberations. The committee directed staff to provide additional details regarding the City’s Community Development Projects (Homeowner Rehabilitation Assistance Program, Homeownership Assistance Program, and City Facilities ADA Improvements), similar to the required paperwork received from all other applicants. The committee directed that the committee be provided details regarding any carryover amounts from the FY06 CDBG Funds. The committee directed that staff be directed to contact Whatcoat Social Service Agency to determine why they did not attend today’s meeting and give them the opportunity to provide an explanation. The committee directed staff to provide a “clean hands” report regarding any outstanding City issues involving any of the applicants. By consent agenda, Mr. Carey moved for acceptance of the Special Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Salters and unanimously carried.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 12 UTILITY COMMITTEE REPORT - MARCH 26, 2007 The Utility Committee met on March 26, 2007 with Chairman Carey presiding. Discussion - Options to Address Regulation 1146 Emission Control Requirements at McKee Run 3 Electric Generation Stations During their meeting of January 22, 2007, Mr. DePrima, City Manager, reviewed the requirements of Regulation 1146, Emissions Control Requirements. Having several concerns, members authorized the City Manager to instruct staff to have before this committee within one (1) month, the refining of the costs, results of the scenarios, and additional information on other options that were discussed by members. During their meeting of February 26, 2007, members were advised that a few weeks ago, staff met with representatives from the Department of Natural Resources and Environmental Control (DNREC) to further discuss and understand some of the requirements of Regulation 1146, and how the City may proceed to meet these requirements. In the meeting, one (1) of the options discussed was fuel switching and use of different types of fuel. Another option suggested was the low Nox burners, which is refitting our plant with burners that have low Nox emissions. Because of this suggestion, along with the requests of members, Mr. DePrima stated that staff would be making a presentation to members during their second meeting in March, which will include alternatives to comply with Regulation 1146. Mr. Carey noted that there was an executive session held immediately preceding this meeting to discuss strategy options and questioned whether there was a need for further discussion at this time. Mr. Ruane felt that the motion was inappropriate, explaining that such a generalized motion is not in order. More importantly, he suggested that staff provide a summary of the executive session since, in his opinion, the options discussed are not restricted to any executive privilege. Mr. Primos, City Solicitor’s Office, presented a summary of the purpose of the appeal, explaining that although the appeal has been filed by the City, it is hoped that a resolution could be reached that would be satisfactory to both the City and DNREC. It is the City Solicitor’s opinion that it is important to preserve and continue with the appeal in order for the City to have the ability to reach an agreement with DNREC. It was his belief that the initial concern with the Regulation was that it could mean significant increases in both operating and capital costs (City’s resources and funds), which was previously explained to members. Mr. Ruane reminded members that the committee had previously authorized the City Manager to instruct staff to have before this committee the refining of the costs, results of the scenarios, and additional information on other options that were discussed by members (during their meeting of January 22, 2007), one of which was the request to find an alternative power source. He felt that the information requested by members was separate and apart from or in addition to the on-going negotiations with DNREC. Responding, Mr. DePrima stated that there is no added information regarding other options, which he felt had been provided, and that this matter was extended to this meeting for the purpose of having the executive session and providing the results. He explained that there is no new information other than what was presented to members during their meeting of February 26, 2007. As was explained at that time, Mr. DePrima reminded members that building new generation is not an option for meeting Regulation 1146 simply because of the time that it would take to permit and build such generation.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 13 In response to Mr. Ruane, Mr. DePrima stated that new generation is absolutely a matter that will continue to be reviewed by staff, reminding members that a new committee (2030 Committee) has been formed to study new generation. However, he reiterated that new generation is not an option for meeting Regulation 1146. Disagreeing, Mr. Ruane suggested that the committee reiterate its interest in and need for the requested reports, including the action that has been taken by the new 2030 Committee. He explained his concern is with the sense of secrecy regarding the ideas that are germane and in the public record. Responding, Mr. DePrima stated that the options have been discussed in open session and made a part of the public record, explaining that there are no new options to present at this time. Responding to Mr. Snaman, Mr. Primos stated that many of the legal issues that all three (3) appellants are concerned with are the same. The most significant aspect is that the Environmental Appeals Board itself desires that the appeals be consolidated, explaining that this is a public Board that consists of public members who have limited time to devote to an appeal; therefore, they prefer that the matters be consolidated to save time and resources that would otherwise have to be devoted to consider the appeals separately. The committee recommended that Council proceed with the actions noted in the executive session pertaining to the City’s appeal of Regulation 1146. Responding to Mr. Ruane, City Solicitor Rodriguez confirmed that the City has filed a motion in Superior Court. Mr. Ruane questioned if the schedule for pursuing the appeal or the Superior Court case has been established. Responding, Mr. DePrima stated that there are some tentative dates being discussed for the appeals to the Environmental Control Board and that the court was not going to schedule any dates until after the outcome of the Environmental Control Board is known. As the maker of the motion during the committee meeting, Mr. Slavin explained that the motion supports the legal strategies that were discussed in executive session and that is as far as he will discuss the issue on the public floor. Mr. Hogan moved for approval of the committee’s recommendation that Council proceed with the actions noted in the executive session of March 26, 2007 pertaining to the City's appeal of Regulation 1146, seconded by Mr. Carey. Mr. Ruane felt that the motion represents a disingenuousness of the City and that the City has the responsibility to its citizens to prove it is environmentally responsible and that by filing any legal case, the City is doing just the opposite. It was his feeling that there are methods available other than an adversarial manner in a court of law. In addition, he stated that members of Council are not aware of the cost expenditure to date and expected costs. Therefore, he stated that he could not vote in favor of the motion without expense information. Mr. McGiffin relayed his opinion that members of Council can be completely environmentally appropriate and committed to doing the right thing in terms of the environment and still maintain our options in this particular, very discreet, legal matter.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 14 On a call for the question by Mr. Hogan, the motion to approve the committee’s recommendation that Council proceed with the actions noted in the executive session held on March 26, 2007 pertaining to the City’s appeal of Regulation 1146 was carried with Mr. McGlumphy and Mr. Ruane voting no. Dedication of Rights-of-Way and Public Infrastructure - Fox Hall West Phases II and III The developer of the Fox Hall West Addition Subdivision (Phases II and III), Tony Ashburn, Inc., has requested that all rights-of-way, public open space, and public infrastructure improvements related to this subdivision be dedicated to the City of Dover for permanent ownership and maintenance. Tony Ashburn, Inc. has constructed all of the improvements in accordance with City standards and specifications. After construction was completed, City staff inspected the public improvements and provided the developer with a list of repairs to be made to meet the City of Dover Standards and Specifications for Public Works Construction. As of this date, all work has been completed by the developer. A one (1) year Maintenance Agreement, Maintenance Bond, and a Release of Liabilities have been submitted by the developer. In addition, as-built drawings have been submitted to the Department of Public Works for their permanent records. Staff recommended acceptance of the dedication of rights-of-way and public infrastructure in Phases II and III of the Fox Hall West Addition Subdivision, with the dedication to include all of the referenced public improvements, as follows: Sewer Utility Infrastructure (estimated construction value = $ 158,852.00): 8" PVC Sanitary Sewer M ain - 2,670 l.f. 4" PVC Sanitary Sewer Laterals - 1,222 l.f. (38 laterals) 4' Diameter Sanitary Sewer M anholes - 13 ea. (68 v.f.) W ater Utility Infrastructure (estimated construction value = $ 142,160.00): 4" Ductile Iron W ater M ain - 165 l.f. 6" Ductile Iron W ater M ain - 65 l.f. 8" Ductile Iron W ater M ain - 2,452 l.f. 3/4" Type "K" Copper W ater Service Line - 1,120 l.f. (38 services) 8" Gate Valves - 6 ea. 6" Hydrant Valves - 4 ea. Fire Hydrants - 4 ea. 2" Blow Off Assembly - 1 ea. Storm W ater Infrastructure (estimated construction value = $ 109,525.00): Yard Basins - 1 ea. Single Catch Basins - 21 ea. 4' Storm W ater Manholes - 1 ea. 15" Type III Reinforced Concrete Pipe - 789 l.f. 36" Type III Reinforced Concrete Pipe - 381 l.f. 15" N-12 Plastic Pipe - 772 l.f. 30" N-12 Plastic Pipe - 565 l.f. 36" N-12 Plastic Pipe - 125 l.f. Street Infrastructure: (0.483 miles) (estimated construction value = $ 275,313.00) Pebble Valley Drive Station 7+40 to Station 20+90 l.f. Pebble Valley Place Station 0+00 to Station 12+00 l.f. Total = 2,550 l.f. Public Open Space: 2.7022 +/- acres

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 15 The committee recommended approval of staff’s recommendation for the acceptance of the dedication of rights-of-way and public infrastructure in Phases II and III of the Fox Hall West Addition Subdivision to include all of the referenced public improvements. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Proposed Energy Conservation Plan for Dover - Update - Items Implemented by the City During their meeting of February 26, 2007, members were provided a detailed report entitled the Energy Plan for the City of Dover, offering suggestions in an effort to reduce emissions, lower energy bills, save taxpayer dollars, protect our environment, and protect our health. Members reviewed a Resolution endorsing the U.S. Mayors Climate Protection Agreement for their consideration. Members requested that this item be placed on the next agenda and that the packet material include a brief update on the items the City is already doing and if there is any reluctance on the part of management regarding any of the language in the proposed resolution, members should be alerted in order to develop a modification. In reviewing the proposed resolution, Mr. DePrima advised members that Sections A and B of the Agreement are recommendations for federal and state governments, while Section C is for cities. He provided members with a list of those efforts under Section C that the City has already taken. Responding to Mr. Ruane, Mr. DePrima stated that the only suggestion that gave him pause was item C-1 of the proposed resolution; however, he has been advised that the Coolcities Program offers programs and provides assistance to cities in calculating benchmarks and setting reduction targets. He indicated his support of items C-2 through C-12 as specified in the proposed resolution, and as long as there is a program to provide assistance in calculating benchmarks and establishing reduction targets, he would not oppose the first suggestion included in the proposed resolution. Relaying his objections with including items A and B, it was Mayor Speed’s opinion that the focus should be on what the City can do as a city and not try to tell others what to do because of the known impact that the requirements may have without an analysis. However, he relayed his full support of the contents of items C-2 through C-12. The committee recommended adoption of the Resolution Agreement, with the understanding that it will be revised to reflect, where appropriate, references to the “City of Dover” in place of “U.S. Conference of Mayors”, and the deletion of items A, B, and C-1. Responding to Mr. Ruane, Mr. DePrima stated that once Council approves the committee’s recommendation, the adopted resolution will be revised and that no further action of Council would be required. By motion of Mr. Ruane, seconded by Hogan, Council approved the committee’s recommendation and by a unanimous roll call vote, Council adopted the following Resolution: WHEREAS, the U.S. Conference of Mayors has previously adopted strong policy resolutions calling for cities, communities and the federal government to take actions to reduce global warming pollution; and

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 16 WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the international community’s most respected assemblage of scientists, has found that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of global warming pollution; and WHEREAS, recent, well-documented impacts of climate disruption include average global sea level increases of four to eight inches during the 20th century; a 40 percent decline in Arctic sea-ice thickness; and nine of the ten hottest years on record occurring in the past decade; and WHEREAS, climate disruption of the magnitude now predicted by the scientific community will cause extremely costly disruption of human and natural systems throughout the world including: increased risk of floods or droughts; sea-level rises that interact with coastal storms to erode beaches, inundate land, and damage structures; more frequent and extreme heat waves; more frequent and greater concentrations of smog; and WHEREAS, on February 16, 2005, the Kyoto Protocol, an international agreement to address climate disruption, went into effect in the 141 countries that have ratified it to date; 38 of those countries are now legally required to reduce greenhouse gas emissions on average 5.2 percent below 1990 levels by 2012; and WHEREAS, the United States of America, with less than five percent of the world’s population, is responsible for producing approximately 25 percent of the world’s global warming pollutants; and WHEREAS, the Kyoto Protocol emissions reduction target for the U.S. would have been 7 percent below 1990 levels by 2012; and WHEREAS, many leading US companies that have adopted greenhouse gas reduction programs to demonstrate corporate social responsibility have also publicly expressed preference for the US to adopt precise and mandatory emissions targets and timetables as a means by which to remain competitive in the international marketplace, to mitigate financial risk and to promote sound investment decisions; and WHEREAS, state and local governments throughout the United States are adopting emission reduction targets and programs and that this leadership is bipartisan, coming from Republican and Democratic governors and mayors alike; and WHEREAS, many cities throughout the nation, both large and small, are reducing global warming pollutants through programs that provide economic and quality of life benefits such as reduced energy bills, green space preservation, air quality improvements, reduced traffic congestion, improved transportation choices, and economic development and job creation through energy conservation and new energy technologies; and WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate Protection Agreement which, as amended at the 73rd Annual U.S. Conference of Mayors meeting, reads: We will strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and communities such as:

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 17 1. Adopt and enforce land-use policies that reduce sprawl, preserve open space, and create compact, walkable urban communities; 2. Promote transportation options such as bicycle trails, commute trip reduction programs, incentives for car pooling and public transit; 3. Increase the use of clean, alternative energy by, for example, investing in “green tags”, advocating for the development of renewable energy resources, recovering landfill methane for energy production, and supporting the use of waste to energy technology; 4. Make energy efficiency a priority through building code improvements, retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money; 5. Purchase only Energy Star equipment and appliances for City use; 6. Practice and promote sustainable building practices using the U.S. Green Building Council's LEED program or a similar system; 7. Increase the average fuel efficiency of municipal fleet vehicles; reduce the number of vehicles; launch an employee education program including anti- idling messages; convert diesel vehicles to bio-diesel; 8. Evaluate opportunities to increase pump efficiency in water and wastewater systems; recover wastewater treatment methane for energy production; 9. Increase recycling rates in City operations and in the community; 10. Maintain healthy urban forests; promote tree planting to increase shading and to absorb CO2; and 11. Help educate the public, schools, other jurisdictions, professional associations, business and industry about reducing global warming pollution. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover endorse the U.S. Mayors Climate Protection Agreement as amended by the 73rd annual U.S. Conference of Mayors meeting and urges mayors from around the nation to join this effort. BE IT FURTHER RESOLVED, the City of Dover will work in conjunction with ICLEI Local Governments for Sustainability and other appropriate organizations to track progress and implementation of the U.S. Mayors Climate Protection Agreement as amended by the 73rd annual U.S. Conference of Mayors meeting. ADOPTED: APRIL 9, 2007

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 18 Franchise Agreement Comprehensive Strategy - Video Services - Parameters for the Negotiations with Verizon for the Franchise Agreement Members were reminded that Verizon Delaware has requested a franchise and that the City will enter into negotiations for a franchise agreement. As a result, staff provided an analysis of telephone company cable franchises, issued by The National Association of Telecommunications Officers and Advisors (NATOA). Mrs. Mitchell, Treasurer/Finance Director, reviewed the information provided by NATOA and questioned if there were any other parameters that members would like to have addressed and/or included in such an agreement. Mr. Ruane suggested that, minimally, the franchise agreement to be negotiated should be required to include all items on the NATOA analysis, by topic. In addition, he felt that there should be reporting requirements as well as target dates in order to allow for measuring their fulfilling the obligation. He also felt that in the area of streets, there is a need to include right-of-way construction standards as a part of the agreement so that the City’s expectation is understood. There should be consideration of the possibility of a no-charge parental control, allowing parents the opportunity to control the service. Additionally, there should be a locally triggered emergency alert system, in addition to the national system, so that when the City has an emergency, the system can be used to alert the people through the Verizon service. Mr. Ruane suggested that there be enforcement provisions included, such as liquidated damages and that a franchise bond should be considered. Responding to Mr. Slavin, Mrs. Mitchell stated that the proposal received from Verizon Delaware has not been made available for public inspection since it contains proprietary and confidential information. The City Solicitor suggested that it not be made public unless approval was granted by Verizon. Mr. Slavin suggested that a discussion draft proposal be made available for the public and that staff work with Verizon to “scrub” the document to assure that any proprietary information is not released. Mrs. Mitchell stated that when this issue is brought back to the committee, it will be a model agreement that is presented (for public purposes) and will not be the actual negotiated agreement. It was Mr. Slavin’s opinion that there should not be much difference between the model and negotiated agreement. Mr. Ruane suggested that the City obtain professional, outside counsel for this negotiation and suggested that the City consider seeking reimbursement for such service from the applicant. Responding, Mrs. Mitchell stated that she has received a list of legal counsel firms specializing in this type of negotiation to provide guidance to the City. She has sent a request for estimated costs. The committee recommended that the Treasurer/Finance Director be authorized to seek and engage, through the proper protocols, legal counsel specializing in this area to protect the City’s interest in the final outcome. Mr. Carey moved for approval of the committee’s recommendation, seconded by Mrs. Russell and unanimously carried.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 19 The committee recommended that the Treasurer/Finance Director be authorized to investigate both the legality and methodology for getting reimbursement for the legal counsel costs from the applicant. Mr. Carey moved for approval of the committee’s recommendation, seconded by Mrs. Russell and unanimously carried. Mr. Hogan explained his understanding that the City cannot require more of Verizon than what is currently required from Comcast, nor can we require less. He relayed concern that the City does not allow Verizon to “cherry pick”, understanding that not everyone will be brought in at one time; however, there should be a clear schedule, including deadlines for when they will bring in service to the entire City, not just parts of the City. He also indicated his support that this matter be opened to the public as much as possible. Concurring, Mr. Ruane stated his belief that part of the strategy should include opening a dialogue with Comcast on those issues that will come up during the negotiation with Verizon. Mrs. Mitchell advised members that the plan is to request the legal counsel to provide direction in the comparability of both agreements. Consideration of Letter of Support - Transmission Project Mr. McCullar, President and CEO of Delaware Municipal Electric Corporation, Inc., submitted a request for the City of Dover to send a letter of support of the Mid-Atlantic Power Pathway (MAPP) Transmission Project, as proposed by Pepco Holdings, Inc. (PHI). This project represents the first significant transmission expansion in the region in over two decades and would tie existing economic transmission and generation assets in the west to load centers on the Delmarva Peninsula. The project would also provide much needed power supply and reliability to the region at the lowest cost and with the least environmental impact. Staff recommended approval of the letter to the Governor and Local Legislators in support of the MAPP Transmission Project. Mr. Ruane suggested that the letter be written to reflect Dover specifically. Responding, Mr. Lunt, Public Utilities Director, assured members that the letter could be revised accordingly prior to the committee’s recommendation being considered by Council. The committee recommended that a letter of support to the Governor and Local Legislators regarding the support of the Mid-Atlantic Power Pathway Transmission Project be approved and that staff be authorized to compose the letter for Council’s consideration during their meeting on April 9, 2006. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation (Exhibit #2), seconded by Mr. Salters and carried by a unanimous roll call vote. PACE/NAES Monthly Reports (February) Mr. DePrima provided the PACE/NAES Monthly Reports for February 2007. He reminded members that these reports are provided each month to give members the opportunity to monitor what is being sold in electric and the revenues received to gain a better understanding of any fluctuations and to make improvements, if deemed necessary. It is not his intent to make a presentation of the reports; however, he welcomed any questions.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 20 In response to Mr. Ruane, Mrs. Mitchell, Treasurer/Finance Director, stated that the City’s power supply is coming in below budget and generation fuel is a little above budget. The reduction of power supply is covering the fuel; therefore, she assured members that the City is on track. She stated that the power supply favor-ability is covering the generation losses and that, although there are still some losses, they have been substantially reduced due to the plant not being run as much. These small losses are for heat, oil, and certain ancillary costs. Mr. McGlumphy reminded members that last July, the plant became a problem for the City. He does not know how to fund the small losses without numerical details. It was his hope that the small losses do not become a larger issue when Council is presented with the budget. He understands that the budget will recommend to the public a potential 14% increase in electric rates. This proposed increase is based on everything remaining static; therefore, his fear is that the 14% may increase. If one were to add the numerics from the last 14 months, with the 14% increase, there would be a total increase of 40%-44% in the City’s electric rates for residential customers. Responding, Mr. DePrima stated that the total increase, considering the previous 22% increase for residential (16% and 6%) and an additional 14%, would be a total of 36%. Mr. McGlumphy felt that the public should be made aware so that they can be prepared for the increase in electric rates. The committee recommended acceptance of the PACE/NAES Monthly Report for February 2007, as presented. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mrs. Russell and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MARCH 27, 2007 The Parks, Recreation, and Community Enhancement Committee met on March 27, 2007 with Chairman Ruane presiding. Presentation - Silver Lake/St. Jones Landscape Plan Mr. Carter, Director of Parks and Recreation, introduced Mr. Lyle Jones, DNREC Watershed Assessment Division. Mr. Jones distributed a map depicting the locations of the phases of the St. Jones River Buffer Project at Silver Lake Park. He advised members that the St. Jones River has been the subject of study by a Tributary Action Team, which is making recommendations to improve the health of the stream corridor. He provided members with the Scope of Services for the Planting Design Services for the St. Jones River Riparian Buffers, Guided Path Planning and Garden Design and explained that the purpose of the project is to design a planted buffer along the river that will reduce storm water run-off, pollution, nutrients, sediment, and erosion. Mr. Jones reviewed the various phases of the project and noted that additional objectives include reducing landscape maintenance, park beautification, and making the park less desirable for geese.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 21 Mr. Jones stated that, to date, grant money in the amount of $20,000 has been received for costs of vegetation and signage. It is hoped that additional grant monies will be awarded for this program. Mr. Edgell, Chairman of the Silver Lake Commission, indicated that members have relayed an interest in pursuing the project and look forward to working with DNREC. He stated that members would really like to begin the public participation aspect of the project. Staff recommended support for moving forward with the project. At this time, there are no costs required of the City for this project. The committee recommended support of the St. Jones River Buffer Project at Silver Lake Park, as recommended by the Tributary Action Team. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Consideration of Letter of Support - Delaware Valley Development Company - Walker Woods During their meeting of March 19, 2007, members considered a request of the Delaware Valley Development Company for Community Development Block Grant (CDBG) Funding for the rehabilitation project at Walker Woods. Mr. Glenn Worgan, Delaware Valley Development Company, advised members that, in order to comply with the requirements of the Delaware State Housing Authority, a letter of governmental support from the Mayor of Dover is necessary for the rehabilitation project at Walker Woods. Members were provided a draft letter for their review. Staff recommended approval of the letter of support for the Delaware Development Company’s Walker Woods rehabilitation project. Responding to Mr. Ruane, Mr. Worgan indicated that the Delaware Housing Authority is not requiring the City of Dover to conduct a public hearing for consideration of the letter. In response to Mrs. Russell, Mr. Worgan assured members that approval of the letter would not commit the City for any financial obligation. He noted the financial request is scheduled to be considered as a separate item by the committee later on the agenda. The committee recommended approval of the letter to be signed by the Mayor supporting the Walker Woods Rehabilitation Project. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation (Exhibit #3), seconded by Mr. Salters and carried by a unanimous roll call vote. Proposed Zoning Text Amendments Members were provided proposed zoning text amendments, as follows: Appendix B - Zoning, Article 3 - District Regulations, Section 10 - Institutional and Office Zone Mrs. Townshend explained that the proposed amendment to Section 10 - Institutional and Office Zone of Appendix B, Article 3 - District Regulations, would allow Day Care Centers as a permitted use in the Institutional and Office Zone (IO) rather than as a conditional use. In addition, the proposed amendment would add hotel and restaurants as conditional uses in the IO Zone.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 22 Referring to Subsection 10.16, Mrs. Townshend indicated that “Article 10" should be inserted before “Section 10.1". Appendix B - Zoning, Article 5 - Supplemental Regulations, Section 14 - Day Care Facilities Mrs. Townshend explained that the proposed amendment to Section 14 - Day Care Facilities of Appendix B, Article 5 - Supplemental Regulations, is in response to the State’s new Day Care Regulations. The amendments align the City with the State Regulations so that there is less confusion. With reference to Subsection 14.31, Mrs. Townshend advised members that this is an issue that is routinely going before the Board of Adjustment for variances, the Board is granting the variances; therefore, standard practice is that if the Board is consistently granting variances for a specific issue, the ordinance should be reviewed for possible amendment. Mrs. Townshend advised members that the State Regulations would still govern the number of children, ratio, etc. Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 3 - Required Off-Street Parking Spaces Mrs. Townshend explained that the proposed amendment to Section 3 - Required Off-Street Parking Spaces of Appendix B, Article 6 - Off-Street Parking, Driveways and Loading Facilities, eliminates reference to day care centers. She noted that Subsection 14.33 of Section 14, Article 5, requires one (1) parking space per 10 children. Subsection 3.1 of Section 3, Article 6, required one (1) parking space per 20 children. Eliminating the reference from Article 6, Section 3, allows for the requirement to be addressed through Subsection 14.33 of Section 14, Article 5. Appendix B - Zoning, Article 12 - Definitions Mrs. Townshend explained that as a result of these amendments, it is necessary to amend Article 12 - Definitions of Appendix B. The committee recommended adoption of the proposed zoning text amendments as recommended by staff. City Clerk’s Office Note: During their Regular Meeting of March 12, 2007, City Council conducted a First Reading and referred the proposed amendments to the Planning Commission on April 16, 2007, and set a Public Hearing and Final Reading for April 23, 2007. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. FY07 CDBG Grant Application-Oral Presentation - Whatcoat Social Service Agency - $15,000 Ms. Ruth Pugh, Executive Director of Whatcoat Social Service Agency, explained that the grant application, in the amount of $15,000 is to replace the roof of the Ruth N. Dorsey Relief Shelter. She advised members that they received a $45,000 grant several years ago from the City, which resulted in Vera’s Haven, located at 381 State College Road, which is to be completed in June 2007. She thanked the City for their support. During a special committee meeting on March 19, 2007, members considered a Grant Application in the amount of $15,000 from Whatcoat Social Service Agency for a new roof. Due to the absence of the applicant, members directed staff to contact Whatcoat Social Service Agency to determine why they did not attend and give them the opportunity to provide explanation.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 23 Ms. Pugh explained that although she was present for the meeting on March 19th, upon her arrival, she was advised that members were taking site visits; therefore, she returned to the facility to meet with members. Later in the afternoon, when contacted by Mrs. Harvey, she explained the situation and it was agreed that members would reschedule consideration of the request. Ms. Pugh advised members that the organization provides emergency assistance for the homeless in the form of a shelter, transitional housing, and crisis intervention. She stated that the Ruth N. Dorsey Emergency Shelter provides 46 beds for single men and women, and families. The facility is open 24-7, 365 days of the year to provide shelter for the homeless. The Shelter is an old building in need of a lot of repairs; however, the immediate need is for a new roof due to leakage, which is what the grant application is for. It was noted that Whatcoat Social Service Agency received a CDBG grant from the City of Dover in 2001 to purchase land to build transitional housing for up to 10 units. Construction for this project did not begin until January of 2006. Whatcoat failed to submit monthly reports on the status of this project to the Community Development Office. Update - Puncheon Run Watershed Action Team Members reviewed an update of the Puncheon Run Action Team. The Kent Conservation District has secured funding in the amount of $45,000 from the Clean Water Advisory Council to conduct a Hydraulic Study of the Puncheon Run Stream. It is anticipated that the selection of an engineering firm qualified to conduct the study will be accomplished by the end of March 2007. It is hoped that the preliminary data can be identified by May 15, 2007 so that funding can be requested in the next State of Delaware Budget for possible improvements. The next meeting of the Puncheon Run Action Team is planned for March 27, 2007 at 2:00 p.m. Update - John W. Pitts Recreation Center Members reviewed an update for the John W. Pitts Recreation Center. It was noted that construction on the site has begun and that sediment and erosion fencing has been installed around the site perimeter. The underground piping for water and parking lot drainage and fire hydrant connections have been installed. Becker Morgan is performing a review of the soil analysis for compaction and appropriate building foundation requirement. Members were also advised that a financial contribution has been received in honor of Mr. John Pitts from Mr. George Wright, in the amount of $500, and that an additional $725 has been received from family and friends in memory of Mr. William (Bill) Truitt. Update - Planning and Funding for New Library Members reviewed an update for the planning and funding for the new Library. Members were advised that City Council approved the formation of a New Library Committee; authorized the City Manager to solicit and hire a project coordinator to guide and support the New Library Committee; and approved funding in the amount of $180,000 for the building committee and project services for the life of the project. Staff is preparing a proposal to hire a project coordinator. Livable Delaware Grant Members were provided information regarding the Livable Delaware Funding, Application Guidelines for Livable Delaware Assistance to Municipalities and Counties, as well as a proposed Resolution approving the project. Mrs. Townshend, Planning Director, advised members that this

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 24 fall, City staff will begin the process of updating the Comprehensive Plan. She stated that it is estimated that the project will cost $30,000 and that the State of Delaware offers grants through their Livable Delaware Program, up to $10,000 (matching grant). In order to submit the application request for funding to the State, a Resolution from City Council is required approving the project. Staff recommended endorsement of the Resolution approving the submission of the application for funding through the “Livable Delaware Assistance to Municipalities Counties Program” in the amount of $10,000 to aid in completion of the City of Dover Comprehensive Plan Update for the year 2008. The committee recommended endorsement of the Resolution, as recommended by staff. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution: WHEREAS, the Mayor and Council of the City of Dover support the orderly, planned, and continued growth of the City of Dover and the necessity to comprehensively plan for such growth by virtue of sound planning practice, community input, and enforcement of the Zoning Ordinance; and WHEREAS, the "Livable Delaware" Planning Program provides funding for activities of this type to assist municipalities in dealing with issues related to their development, transportation, land use regulations and planning to implement the goals and objectives of the "Livable Delaware" initiatives; and WHEREAS, the City of Dover does not possess the total capital required to conduct the activity described herein. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover approves the submission of an application for funding through "Livable Delaware Assistance to Municipalities Counties Program" in the amount of $10,000 to aid in completion of the City of Dover Comprehensive Plan update for the year 2008. ADOPTED: APRIL 9, 2007 FY07 CDBG Grant Applications, Review, and Recommendations During a Special Committee Meeting on March 19, 2007, members reviewed FY07 CDBG Grant Applications and requested that staff provide additional details regarding the City’s Community Development Projects (Homeowner Rehabilitation Assistance Program, Homeownership Assistance Program, and City Facilities ADA Improvements), similar to the required paperwork received from all other applicants prior to taking final action. In addition, the committee requested that staff provide details regarding any carryover amounts from the FY06 CDBG Funds, that staff be directed to contact Whatcoat Social Service Agency to determine why they did not attend today’s meeting and give them the opportunity to provide an explanation, and that staff provide a “clean hands” report regarding any outstanding City regulation or ordinance violation issues involving any of the applicants.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 25 As requested, Mrs. Harvey, Community Development Director, provided information regarding the Homeowner Rehabilitation Assistance Program, the Homeownership Assistance Program, and the City Facilities ADA Improvements. She explained that the request for funding, in the amount of $50,000, is to rehabilitate five (5) owner occupied homes within the City and bring them up to the City’s Housing Code within a 12 month period. In addition, there is a request for funding, in the amount of $40,000, to provide assistance with a downpayment or settlement for first-time home buyers who purchase property in the City. There is also a request for funding, in the amount of $26,800, to make a number of city owned facilities handicapped accessible in accordance with federal ADA requirements. With reference to the previous year’s funding for the Homeowner Rehabilitation Assistance Program, Mrs. Harvey provided members with an updated list of the properties where housing repairs are currently underway and those that are to be completed in the spring. Mrs. Harvey explained that the decrease in requested funding for the Homeownership Assistance Program from previous years is due to the significant decline in the current market for home sales. Having heard from all applicants, Mr. Ruane referred to the CDBG Review Panel Worksheet and the definitions of criteria for scoring the application, and requested that members review the applications and issue points for each of the criteria previously set by members. He noted that the total funds available for allocation is $238,660. Members referred to the FY07 CDBG Review Panel Worksheet and the point scoring requirements and began providing appropriate points for each of the activities for each of the applications. Several members felt that the City should assume financial responsibility rather than requesting CDBG funding assistance for the ADA Improvements; therefore, they did not provide a score for this activity and suspended its review during the scoring process. When discussing the number of points to be awarded for “leveraging” (match) to the application submitted for affordable housing renovations at 301 W. Loockerman Street, Mr. Ruane noted that the applicant had referred to “personal assets” as the “source of matching funds”. He stated that his understanding is that “matching funds” represents actual expenditures by the applicant and not simply the “value” of any assets, such as the applicants themselves. After further discussion by members, this application was awarded “8" points for “leveraging” with the understanding that the applicant must contribute at least 40%/50% of the total cost of the proposed renovations from the applicants cash resources, because this percentage represents what is necessary to be considered a “moderate” match. After the scoring was completed, staff computed the total point scores for each of the applications. Responding to Mr. Ruane, Mrs. Harvey indicated that the committee can establish their own rules for consideration of the applications based on the total point scores. The committee determined that any activities that received a point score below 60 (Delaware Valley) would be eliminated from further consideration.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 26 Mr. McGlumphy stated that members need to pay attention to the public service activities sector, noting that the two (2) applicants are the House of Pride, requesting $33,050, and Connections, requesting $25,000, and that the total amount that can be granted under this funding category is $44,748 (or 15% of the grants). Referring to the point score of 10 for “Readiness to Proceed” provided to Connections, Mrs. Russell relayed concern since the committee was still uncertain about the applicant’s ability to meet all the applicable city code requirements. Concurring, members agreed that the point score should be changed to a point score of 1. Mrs. Horsey suggested that the House of Pride be awarded the amount of their request, $33,050, and that the remainder of the balance be awarded to Connections, in the amount of $11,748, bringing the total for “public service” activities to $44,748. Reiterating her concerns regarding the Connections request, Mrs. Russell suggested that rather than awarding the grant money to Connections, the amount be given towards the City’s ADA Improvement request. Mr. Ruane indicated his support for this allocation and suggested that those members that would favor an alternative motion as suggested by Mrs. Russell, should vote against the motion that is on the floor. The committee recommended that Connections be awarded $11,748 based on the condition that they become in full compliance with the City’s Code regulations. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Based on awarding the remainder of the activities the amount requested and the adjustment for the request of Connections, Mrs. Townshend stated that there is an unallocated amount of $6,862. The committee recommended that the remaining amount of $6,862 be awarded to the City for the Homeownership Assistance Program, for a total amount of $46,862. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. City Clerk’s Office Note: Attachment #7 to the Committee’s Report represented the committee’s recommendations to the Council for the allocation of the FY07 CDBG Funds. Once the grant allocation recommendations are approved by Council, staff will conduct public hearings in accordance with Federal Regulations governing the City of Dover CDBG Program. Final approval of the FY07 CDBG Funds will take place with the adoption of the 2007Action Plan and Resolution, which will be scheduled to be presented to City Council during their meeting of May 14, 2007. Referring to the FY07 CDBG Review Panel Worksheet, Mr. Hogan relayed concern that the rating for management capacity is too small. In reviewing the material, he stated that there are situations where an organization has had money taken from them in the past because they did not get the job

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 27 done, yet they received good scores, because they do well in other categories. He recommended a revamping of the priorities and that the weighting be changed before any final decisions on CDBG. Mr. Hogan moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Slavin and unanimously carried. SAFETY ADVISORY & TRANSPORTATION COMMITTEE REPORT - MARCH 27, 2007 The Safety Advisory and Transportation Committee met on March 27, 2007 with Chairman Hogan presiding. Signalization Update (Gary Laing) Mr. Laing, Municipal Liaison for DelDOT, advised members that the Signalization Project continues and is moving to the next phase. Division Street should be completed by April 6, 2007, and the next phase is to move on to Governors Avenue. There are three (3) intersections on Governors Avenue: Loockerman, North, and Water Streets. Work will begin with the North Street intersection and then after Dover Days they will move to Loockerman Street and then Water Street. Mr. Laing stated that concerns have been expressed by the downtown merchants about how the project at Governors Avenue and Loockerman Street will affect them. There has been a tremendous amount of misinformation given to the merchants. He advised members that DelDOT representatives visited all merchants, door to door, from State Street to the Duncan Center, and distributed flyers inviting everyone to a meeting scheduled for March 28th at 6:30 p.m. in the Council Chambers at City Hall. This meeting is to allow the project managers to explain the signalization project, present factual information, and alleviate concerns. Mr. Laing stated that the rumor was that DelDOT would be closing Loockerman Street from State Street to Governors Avenue. He stated that although there will be signage indicating that the intersection is closed, he assured members that patrons will be able to get downtown. Mr. Laing stated that on average, it takes approximately a three (3) week period to complete each intersection. A partial closure would extend the time to complete the intersection. There has been some consideration of working on this project during the night; however, they are not able to obtain concrete at that time. There are other issues involving night work, such as noise violations, etc. Mr. Laing reminded members that this project will improve signal coordination and allow for monitoring and adjustments to signal timings, as well as provide new traffic signal equipment. Prioritization of Transportation Projects Mr. Hogan provided members with copies of last year’s prioritization of transportation projects approved by Council during their Regular Meeting of February 13, 2006. It was noted that the list was updated to include additional projects, as follows: 1) Water Street Railroad Crossing - Eden Hill Farm; and 2) Intermodal Transportation Terminal (approved by Council during their Regular Meeting of April 10, 2006). In reviewing the list, staff provided members with the status of the projects to assist in determining which projects should remain on the list for this year.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 28 Since the Governors Avenue Corridor and Downtown Dover Signalization Upgrades are near completion, Mr. Hogan suggested that these projects remain on the list as priority items #1 and #2. Members felt that the Intermodal Transportation Terminal (Bus Station) should be listed as priority item #3. Mr. DePrima advised members that there has been discussion regarding a Route 13 North Service Road Corridor which would be a connector road from Scarborough Road, east of Route 13, from the toll plaza through to Dover Downs, behind the Mall and Wilmington College. Responding, Ms. Juanita Wieczoreck, Director of the Dover/Kent County Metropolitan Planning Organization (MPO), advised members that there is an on-going study of the area from Lepore Drive to Scarborough Road to review improving interparcel connections in an attempt to get local traffic off of Route 13. The Study actually includes both the east and west sides of Route 13 and the Crawford Carroll Avenue Extension Project. Responding to Mr. Hogan, Mr. DePrima stated that the US Route 13 Service Road Corridor Study would be an additional project and that the Crawford Carroll Avenue Extension project would remain separate. It was suggested that the US Route 13 Service Road Corridor Study be listed as priority item #9. Mr. Carey suggested that the College Road Corridor Upgrades be moved to priority item #5 (from Kenton Road to Saulsbury Road). Ms. Wieczoreck noted that the Loockerman Street/Forrest Avenue Improvements Project is at a different point in the development than the College Road Corridor Upgrades Project, which is more in line with the progress of the US Route 13 Service Road Corridor Study or the Crawford Carroll Avenue Extension. She suggested that members tier the projects according to where they are with DelDOT. Ms. Wieczoreck advised members that the only project on the prioritization list that is not in the transportation improvement program is the bus terminal. The committee recommended approval of the Transportation Project Prioritization List as developed. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation (Exhibit #4), seconded by Mr. Salters and carried by a unanimous roll call vote. Discussion - Full-Time Emergency Management Coordinator During a Special Committee Meeting on October 10, 2006, members accepted the City Manager’s Report on the Reichhold Chemical Incident. Mr. DePrima stated that one of the key recommendations of the report was to consider whether it is time for the City of Dover to have a full-time Homeland Security/Emergency Management employee. He advised members that Lt. Bernat of the Dover Police Department currently serves as the City’s Emergency Operations Manager. Mr. DePrima stated that Lt. Bernat could address some of the issues with his position serving in this capacity on a part-time basis and from within the Police Department. In addition, the City’s Public Services Director has been discussing the possibility of having an employee serve as the City’s Emergency Management Coordinator within the Fire Marshall’s Office.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 29 Lt. Bernat advised members that he serves the Dover Police Department as the Selective Enforcement Unit Commander, which oversees the motorcycle unit, community policing (including the quality of life unit), parking enforcement, animal control, and special events. These responsibilities are in addition to emergency management for the City of Dover. It was his opinion that the citizens of Dover have high expectations for emergency preparedness and that the citizens would be better served if there was a full-time position devoted to emergency preparedness. He felt that the position should be a civilian. Lt. Bernat stated that some of the other cities similar in size to Dover, such as Newark, have their emergency preparedness director under the Director of Building. He stated that Annapolis, Maryland, also a capital city with relatively the same population, has a retired Police Captain serving as their Homeland Security Director as a civilian; for the City of Hagerstown, Maryland, there is a civilian Emergency Management Director for Washington County, which includes an Emergency Planner who oversees nine (9) other cities. Responding to Mr. McGiffin, Lt. Bernat indicated that such an employee should be familiar with Public Works, explaining that emergency situations often call for action involving public utilities (water, electric, streets, etc.). After much discussion, Mr. Hogan suggested that staff bring forward a more detailed proposal for a full-time Emergency Management Coordinator, inclusive of a job description and salary costs. The committee recommended acceptance of the concept for the City of Dover to have a full-time Homeland Security/Emergency Management employee and authorizing staff to provide a formal written proposal for the committee’s review, inclusive of details as discussed by members. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Miscellaneous - Dover MPO Update For informational purposes, Ms. Wieczoreck, Director of the Dover/Kent County Metropolitan Planning Organization (MPO), provided members with the Delaware Route 8 Concept Plan and Operations Study. She advised members that the next meeting of the Project Advisory Group of the Dover MPO is scheduled for April 18, 2007. Ms. Wieczoreck stated that there will also be a Kenton Road Study Public Workshop held on April 2, 2007 from 4:00 p.m. to 7:00 p.m. at the DelDOT Administration Building. She stated that DelDOT is holding another public hearing on the Draft 2008 Capital Transportation Program on April 19, 2007 at DelTech, Room 400A, from 4:00 p.m. to 7:00 p.m. She suggested that this hearing may be an opportunity for the City to relay the Transportation Prioritization Project list to DelDOT. Mr. DePrima suggested that an Update by the Dover MPO be a regular item on the committee agenda. Mr. Carey requested that Ms. Wieczoreck contact DelDOT to erect a “No U-turn” sign on Route 8, east-bound, at the intersection of Route 8 and Kenton Road. By consent agenda, Mr. Carey moved for approval of the Safety Advisory and Transportation Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 30 EVALUATION OF BIDS - WESLEY COLLEGE PARKING LOT EXPANSION On behalf of Wesley College, the City solicited bids to construct a 37 space parking lot at the corner of Fulton Street and North State Street, to serve as a public parking facility. The low bid was received from Harmony Construction, Inc., Wilmington, Delaware, in the amount of $169,969; however, George & Lynch claimed local vendor preference under Rule 1 (vendor located within the city limits of the City of Dover). The preference is applied by subtracting 3% from their bid price, which was $173,810, and using the resulting figure during bid review. The local vendor preference bid amount for evaluation purposes only is $168,595.70. Staff requested authorization from City Council to execute the construction agreement provided that Wesley College can secure the required funding for the construction of the project. The City of Dover will not contribute any funding to the project but will provide contract administration and construction inspection for the project. Members were advised that Wesley College is seeking funding from area legislators using Community Transportation Funds. Staff recommended authorization to execute the construction agreement and contract for the construction of the Wesley College Parking Lot Expansion using George & Lynch, Inc. as the contractor, in the amount of $173,810, with the stipulation that the contract not be executed until documented funding by Wesley College and/or Community Transportation Funds contracts are received. Responding to Mr. Slavin, Mr. DePrima stated that the parking lot is and will be owned by Wesley College; however, once the improvements are made, there would be a deed restriction for a public access easement. He stated that there would be signage on the lot and that there could be directional signage off of nearby streets. Mr. Hogan moved for approval of staff’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote. EVALUATION OF BIDS - FIRE APPARATUS MAINTENANCE The City solicited bids for maintenance of fire apparatus for the Dover Fire Department. Members were advised that the work required is extensive mechanical maintenance that will be performed on all apparatus, with the exception of the utility trucks and the command vehicles, and includes extensive pump maintenance. Such maintenance will assure effective apparatus during emergency incidents resulting in less chance of accidents and injuries to firefighters and reduced down time of fire apparatus. Staff recommended awarding the bid for fire apparatus maintenance to the low bidder, DPC Emergency Equipment, in the amount of $20,343.33. Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 31 EVALUATION OF BIDS - COLLEGE ROAD DISTRIBUTION SUBSTATION TRANSFORMER During their Regular Meeting of February 26, 2007, Council approved a Capital Investment Project for the College Road Distribution Substation Transfers and Switchgear project for bidding FY07; that the necessary budget amendment be included in the mid-year review, and that funds be transferred from the I&E Fund as replenished from the existing CIP projects, as outlined in the Public Utilities Director's report dated 02/01/2007; and approved the revised CIP sheet. Members considered a request for the purchase of the substation transformer. A request for proposals was distributed to six (6) potential vendors and was advertised according to City policy. In evaluating the proposals, staff assigned a “total cost of operation” expense to the transformers to ensure that the future costs, in the form of losses, were also considered. The low bid price of Delta Star, in the amount of $1,114,631, is also the lowest total cost of operation vendor. Members were also assured that their proposal meets all of the specifications. Staff recommended awarding the bid to the low bidder, Delta Star, Inc. for the purchase of a 30/40/50 MVA, 69/12.470 Kv substation transformer as outlined in the Delta Star, Inc. quotation #073906 submitted in response to the City of Dover RFP 07-0045DPU, which includes the transformer ($1,089,955); offloading and installation on City of Dover pad ($6,500); assembly of parts removed for shipment, oil filling, and field testing ($14,000); and the automatic nitrogen system ($4,176) for a total cost of $1,114,631 to be paid in FY08. Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote. SETTING OF PROPERTY ASSESSMENT APPEALS AND APPOINTMENT OF ASSESSMENT APPEALS COMMITTEE City Assessor Capuano requested that the 2007 Property Assessment Appeals Hearings be scheduled for May 21, 2007 through June 1, 2007, between the hours of 9:00 a.m. and 5:00 p.m. and that the Appeals Committee be appointed prior to the hearings. Council President Williams requested that Mr. Salters, Mr. Ruane, and Mr. Hogan, be appointed to the Assessment Appeals Committee. Mr. McGlumphy moved to set the 2007 Property Assessment Appeals Hearings for May 21, 2007 through June 1, 2007, between the hours of 9:00 a.m. and 5:00 p.m. and for approval of the appointment of the assessment appeals committee as recommended by Council President Williams. The motion was seconded by Mr. Slavin and unanimously carried. APPOINTMENT RECOMMENDED BY MAYOR SPEED - HISTORIC DISTRICT COMMISSION - JOSEPH MCDANIEL (T O FIL L U N E XPIR ED TE R M O F BEVERLY WILLIAMS - TERM TO EXPIRE JULY 26, 2008) Mayor Speed recommended the appointment of Joseph McDaniel to serve on the Historic District Commission for a term to expire July 26, 2008, to fill the unexpired term of Beverly Williams. By consent agenda, Mr. Carey moved for approval of the appointment of Joseph McDaniel, as recommended by Mayor Speed. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 32 ANNEXATION/REZONING REQUEST/FIRST READING - 1086 SOUTH STATE STREET, OWNED BY INVESTMENTS TOGETHER, LLC A request was received for annexation and rezoning of property located at 1086 South State Street, owned by Investments Together, LLC. The property is currently zoned BG - General Business (Kent County) and the requested zoning is C2-A - Limited Central Commercial (City of Dover). Staff recommended that the request be referred to the Utility Committee on April 23, 2007, the Planning Commission on May 21, 2007, and that a public hearing be set for June 25, 2007 at 7:30 p.m. Mr. Salters moved for approval of staff's recommendation, seconded by Mr. Hogan and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments 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 1086 SOUTH STATE STREET. ANNEXATION/REZONING REQUEST/FIRST READING - SOUTH SIDE OF FORREST AVENUE, APPROXIMATELY 1,495.5 FEET WEST OF MIFFLIN ROAD, OWNED BY EDWIN B. BAKER, III, DONALD M. CAREY, AND RUTH CAREY A request was received for annexation and rezoning of property located on the south side of Forrest Avenue, approximately 1,495.5 feet west of Mifflin Road, containing 5+/- acres, owned by Edwin B. Baker, III, Donald M. Carey, and Ruth Carey. The property is currently zoned RS-1 - Single Family Residence (Kent County) and the requested zoning is R-10 - One Family Residence (City of Dover). Staff recommended that the request be referred to the Utility Committee on April 23, 2007, the Planning Commission on May 21, 2007, and that a public hearing be set for June 25, 2007 at 7:30 p.m. Mr. Salters moved for approval of staff's recommendation, seconded by Mr. Hogan and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments 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 ON THE SOUTH SIDE OF FORREST AVENUE, APPROXIMATELY 1,495.5 FEET WEST OF MIFFLIN ROAD FINAL READING - PROPOSED ORDINANCE The First Reading of the following proposed ordinance was accomplished during the Council Meeting of March 26, 2007.

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 33 Proposed Budget Revisions Mr. Hogan moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried. Mr. Salters moved for adoption of the budget revision ordinance, seconded by Mr. Carey and by a unanimous roll call vote, Council adopted the following ordinance: BE ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amounts hereinafter named in various City funds are changed from the currently approved revenues/ receipts and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments of the Municipal Government for the fiscal year beginning July 1, 2006 and ending June 30, 2007. A. GENERAL FUND

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 34 B. WATER/WASTEWATER FUND C. ELECTRIC REVENUE FUND D. ELECTRIC IMPROVEMENT AND EXTENSION FUND APPROVED: APRIL 9, 2007

CITY COUNCIL MEETING OF APRIL 9, 2007 PAGE 35 COUNCIL MEMBERS ANNOUNCEMENTS Mr. Carey relayed congratulations to the USO at Dover Air Force Base for the receipt of a $400,000 grant from Home Depot so that they can revitalize, rebuild, and expand their facilities to help the men and women of the armed services. Mr. Salters reminded citizens that the City’s Election will be held on Tuesday, April 17, 2007 from 7:00 a.m. to 8:00 p.m. for the First District. Mr. Salters announced that he, along with Mrs. Russell, are being honored on April 13, 2007 at Dover Downs. He also stated that if registration for the African American Festival is not obtained early, there will be a cost of $25 on the day of the event. Mr. Salters moved for adjournment, seconded by Mrs. Russell and unanimously carried. Meeting Adjourned at 10:02 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of April 9, 2007, are hereby approved. STEPHEN R. SPEED MAYOR /TM/jg S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\08-22-2005 Council.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Petition to Amend Zoning Property located at 747 North DuPont Highway, owned by 747 Associates, LLC Exhibit #2 - Letter to the Governor and Local Legislators in Support of the Mid-Atlantic Power Pathway Transmission Project Exhibit #3 - Letter Signed by the Mayor in Support of the Walker Woods Rehabilitation Project Exhibit #4 - Transportation Project Prioritization List

PROCLAMATION WHEREAS, it has now been 135 years since J. Sterling Morton proposed that a special day be set aside for the planting of trees and to recognize the importance of trees in our lives; and WHEREAS, this holiday, called Arbor Day, is now observed throughout the nation and the world; and WHEREAS, the City of Dover was once again named a Tree City USA in 2006 for the eighteenth consecutive year by the National Arbor Day Foundation recognizing Dover for its outstanding urban forestry program; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WHEREAS, trees in our city increase property values, enhance the economic vitality of the business area, beautify our community and are a living memorial to the citizens’ concerns for the quality of life; and WHEREAS, the City of Dover has planted hundreds of trees purchased in part through grants from the Delaware Urban and Community Forestry Advisory Council. NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do hereby proclaim April 27, 2007 as Arbor Day in the City of Dover, and urge all citizens to support the efforts to care for our trees and woodlands. STEPHEN R. SPEED Mayor

FINAL REPORT To City Council on April 23, 2007 SEX OFFENDER LEGISLATION REVIEW COMMITTEE CHARGE OF THE COMMITTEE The Sex Offender Legislation Review Committee was formed by City Council on November 13, 2006 as an ad-hoc committee comprised of nine (9) members. Members were appointed by each Council member, with the chair appointed by the Council President. The initial scope of the Committee, as outlined by City Council included: · Researching current sex offender laws that have been adopted; · Investigating current bills under consideration by the State Legislature that are related to sex offenders; · Looking into the current level of enforcement of the City’s sex offender laws; · Exploring what other cities and states are doing to protect children from those who commit sexual offenses against minors; and · Considering what measures the City of Dover can adopt to elect a standard where sexual offenses will not be tolerated. The following members were appointed to the Committee: Ms. June Bell, appointed by Councilwoman Russell Dr. Ed Goate, appointed by Councilman Ruane Mr. William Hare, appointed by Councilman McGlumphy Ms. Emma Joiner Ingram, appointed by Councilman Salters Mrs. Phyllis Levitt, appointed by Councilman McGiffin Mrs. Shannon Mercer, appointed by Councilman Hogan Mrs. Lisa Ratliff, appointed by Councilman Slavin Mrs. Maria Shroyer, appointed by Councilman Carey Councilman Timothy A. Slavin was appointed Chair of the Committee by Council President Williams. The Committee began its work on November 29, 2006 and concludes it work with the presentation of this report to City Council on April 23, 2007. During the course of its deliberations, the Committee heard from many members of the community regarding the issue of sex offender management. This included representatives from the police and law enforcement community, the legal system, victims’ rights and counseling community, school districts, and private business owners. A complete list of presenters appears as an appendix to this report. DISPELLING THE MYTH Sex offenders in our community presents one of the most challenging public policy issues the City of Dover is facing. The issue is complicated and complex, and has very few “best practices” to model a solution after. Presentations about the issue were often difficult for many members to hear; the emotions involved with the crimes associated with sex offenders could not be suppressed. Committee members deserve the thanks of the citizens of Dover for volunteering to subject themselves to this difficult issue.

FINAL REPORT TO CITY COUNCIL APRIL 23, 2007 SEX OFFENDER LEGISLATION REVIEW COMMITTEE PAGE 2 There is no “silver bullet” solution to the issue of sex offenders in our community. In order to fully manage the issue and reduce the risk to our citizens, the Committee felt that improvements should be made to three areas: enforcement, notification, and education. The Committee has recommended an 18-point plan for addressing the issue which is discussed fully later in this report. DEFINING THE PROBLEM Most sex offenders are known to their victims. This fact can often be chilling to parents and care-givers. For the most part, sex offenders do not randomly choose their victims; typically, there is some type of relationship which has already been enabled prior to the crime being committed. There is no known profile for a sex offender. Crime statistics show that the problem we are facing in our community knows no age, sex, race, or socio-economic boundaries. There are differences in the levels of sex offenders in our community. Sex offenders are categorized into three tiers: Tier III sex offenders represents the most severe tier. Those people in this level have been convicted of crimes such as first- or second-degree rape, first-degree unlawful sexual contact, first- or second-degree unlawful sexual intercourse and unlawful sexual penetration and first- or second-degree kidnapping. Tier III sex offenders must register for the rest of their life or, if there are no convictions after 15 years, may petition a court of law to be reduced to a Tier II offender. Tier II sex offenders have been convicted of crimes such as third- or fourth-degree rape, second-degree unlawful sexual contact, third-degree unlawful sexual intercourse, third- degree unlawful sexual penetration or bestiality. Tier II sex offenders must register for 10 years unless they are a repeat offender. Tier I sex offenders are any other sex offender who have committed sex crimes not covered by Tier III and Tier II. Currently in the City of Dover, there are 132 registered sex offenders. Of this total, 18 are Tier III, 99 are Tier II, and 15 are Tier I. The different Tiers used to categorize sex offenders also drives the type of enforcement and notification required by the City of Dover: Tier III. The Dover Police Department verifies addresses and notifies schools, day care centers in the area and the Dover Public Library. In addition, DPD passes out fliers in the sex offender’s neighborhood, place of employment and place of study. The DPD also verifies the Tier III sex offender’s address quarterly. Tier II. The Dover Police Department verifies addresses and notifies schools, day care centers in the area and the Dover Public Library. In addition, DPD verifies the Tier II sex offender’s address semi-annually. Tier I. The Dover Police Department verifies the Tier I sex offender’s address annually.

FINAL REPORT TO CITY COUNCIL APRIL 23, 2007 SEX OFFENDER LEGISLATION REVIEW COMMITTEE PAGE 3 Knowing where sex offenders live in a community is critical to managing this issue. The Committee applauds the efforts of the Dover Police Department in enforcing this issue. DPD’s verification system far exceeds the state requirements. Maintaining frequent contact with sex offenders is also critical to managing this issue. The rates of recidivism for sex offenders at the Tier III level have proven to be very high. However, the rates have been known to drop significantly when the sex offender is under an active management program. FINDINGS AND RECOMMENDATIONS The Committee recommends an 18-point plan for improving the management of sex offenders in the City of Dover. This plan includes recommendations which strengthen our activities in enforcement, notification, and education on this issue. Most of the recommendations are not specific to city government, and we recommend that partners in the community join the efforts to enact this plan. The Committee agreed with the words of one of our presenters, Ms. Laurie Pezick who said “serious crimes have serious consequences.” The most serious sex offenders need to be dealt with as serious criminals. The Committee also agreed that the most important resource to reducing the risk presented by sex offenders in our community is the individual citizen. It is the citizen’s right to know about this issue; it is also the citizen’s responsibility to arm themselves with information, facts, and knowledge about sex offenders in our community. One of the most difficult issues facing the Committee was addressing a surge in popularity of local government ordinances banning sex offenders from living within their jurisdictions. This type of legislation first appeared in 2005 and had begun to spread throughout the country in 2006 and into 2007. The Committee addressed this type of legislation as one of its first orders of business. This type of legislation had been suggested by Mayor Speed during the City Council planning retreat in January 2006. Two other municipalities in Delaware, Bridgeville and Smyrna, were considering similar legislation at the time. (N.B. Since that time, the Town of Smyrna has decided to not pursue this type of legislation.) The Committee was provided with copies of various articles which discussed this issue. These included: “Iowa’s Residency Rules Drive Sex Offenders Underground,” March 15, 2006, New York Times; “Zoning Laws That Bar Pedophiles Raise Concerns,” November 27, 2006, New York Times; and “Where Will Sex Offenders Live?” Governing Magazine, June 2006. Each of these articles suggests that the type of “banning legislation” has proven ineffective, and has, in fact, made the problem of sex offender management worse. The unintended consequence of this type of legislation is that a higher percentage of sex offenders simply chose to not register, and law enforcement is faced with the problem of not knowing where the threat has moved to in the community. Additionally, the Committee heard testimony from Lt. Paul Bernat of the Dover Police Department who recommended that the City not pursue this type of legislation. Based on this discussion and the recommendation of Lt. Bernat, the Committee does not recommend that the City of Dover adopt any type of “banning” legislation. The recommendations of the Committee are as follows:

FINAL REPORT TO CITY COUNCIL APRIL 23, 2007 SEX OFFENDER LEGISLATION REVIEW COMMITTEE PAGE 4 ENFORCEMENT 1. Sex Crimes Unit. It is recommended that a Sex Crimes Unit be established in the Dover Police Department. This would require adding two Detectives to the Dover Police Department and implementing the unit within the Criminal Investigations section. 2. Homeless Ordinance. The City of Dover is encouraged to adopt a “homeless sex offender” ordinance. This ordinance would require that any sex offender registering him- or herself as homeless be required to confirm that registration on a frequent basis at the Dover Police Department. 3. Homeless registration loophole. It is recommended that the General Assembly address the current loophole in state law which allows sex offenders to register as homeless. 4. Longer probation for Tier III. It is recommended that the State of Delaware mandate that all Tier III sex offenders be placed on life time probation, or at least a significantly longer probation period. 5. Failure to re-register. It is recommended that the State of Delaware implement penalties for failure to re-register as a sex offender be stiffened from the current Class G Felony status. 6. Driver’s License and Registration. It is recommended that the driver’s license and vehicle registration for all sex offenders be noted on the documentation issued by the State of Delaware. NOTIFICATION 7. Sex Offender Registry. It is recommended that the State of Delaware include the ability to search the Sex Offender Registry by place of employment, school, and school district. 8. Clearer Pictures for Schools. It is recommended that clear pictures of sex offenders be sent to schools by the Dover Police Department for placement in their notification binders. In order to improve quality of image, it is suggested that e-mail be utilized. 9. Notify our Parks. It is recommended that the Dover Police Department notify all city parks and the City Library for all Tier III and Tier II sex offenders in the City. 10. Notify Bus Drivers. It is recommended that the Dover Police Department develop a strategy to educate school bus drivers on the issue of sex offenders in the community. 11. Private Schools. It is recommended that all private schools in the City of Dover maintain a sex offender notification binder at their front desks, similar to those maintained by public schools. It is also recommended that the State of Delaware require private schools to maintain such notification binders. 12. Youth Activities Volunteers. It is recommended that all providers of activities for youth in Dover conduct background checks on employees and volunteers. It is also recommended that all educators conduct background checks.

FINAL REPORT TO CITY COUNCIL APRIL 23, 2007 SEX OFFENDER LEGISLATION REVIEW COMMITTEE PAGE 5 EDUCATION 13. Public Forum. A public forum should be held at the conclusion of the Committee’s work to review the recommendations. 14. 5-in-5 Communication Strategy. The Committee recommends that a “5 in 5” communication strategy be adopted, utilizing five different methods of communicating important issues relative to the issues of sex offenders in our community. Such strategies might include the following: a. Printed copies of the report will be available, as well as posted on the City’s web site. b. The City of Dover utility bill “stuffers” should be utilized to promulgate important information to citizens on how to become more knowledgeable about the issue of sex offenders in our community. c. An email subscription service should be offered by the City and used to communicate information about this issue to citizens. d. The Committee will ask Comcast to sponsor a short message about the Committee’s work, as well as to broadcast the “Safe Side” video. e. The Committee will ask school districts to design and use a special “red envelope” approach to sending information home to parents when notification is warranted. 15. Police Seminars. The Dover Police Department should hold bi-annual public seminars on the issue of sex offenders, to include enforcement and notification. 16. Curriculum. The Delaware Department of Education is encouraged to develop curriculum which addresses the issue of sex offenders, and is also encouraged to require an annual awareness day on this issue in all schools in Delaware. 17. Establish a Go Ahead and Ask Program. The development of a “Go Ahead and Ask” program is recommended for all consumers who do business with contractors for services rendered in their home. The program encourages the consumer to ask two questions: a. “Have you checked the criminal background of all employees who will do work in my home? b. “Can I have their names in order to run my own check against the sex offenders registry?” 18. Safe Side Videos. The Dover Public Library is encouraged to buy multiple copies of the “Safe Side” video and make it available for borrowing by all library card holders. In addition, it is recommended that Comcast be asked to broadcast these videos as a benefit to the community. \\Dover_1\cityclerk\ClerksOffice\Committees Commissions & Boards\Sex Offender Legislation Review Committee\Sex Offender Final Report To Council - 04-23-2007 FINAL-REVISED.wpd

Appendix A List of Presenters 1. Lt. Paul Bernat, Dover Police Department 2. Ms. Polly Funk, Public Policy Director for the Sexual Assault Network of Delaware (SAND) 3. Dr. Michael D. Thomas, Superintendent of Schools - Capital School District 4. Mr. Robert Adams, Supervisor of Student Services - Capital School District 5. Ms. Robin Case, Director of Career and Technical Education and School Climate - Delaware Department of Education 6. Ms. Laurie Pezick of Probation and Parole provided a presentation on Management of Sex Offenders in the Community 7. Dr. Larry Harrison, Administrative Assistant to the Superintendent - Caesar Rodney School District 8. Mr. David Favata, Deputy Attorney General 9. Mr. Bill Sturgeon, owns and operates a local painting company

Appendix B Glossary of Terms Child Pornography - Any audio, visual, or written material that depicts children engaging in sexual activities or behaviors, or images that emphasize genitalia and suggest sexual interest or availability. Incest - Sexual relations between close relatives, such as father and daughter, mother and son, sister and brother. This also includes other relatives, step children, and children of common-law marriages. Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act - Enacted in 1994, this federal mandate requires states to establish stringent registration programs for sex offenders—including lifelong registration for offenders classified as "sexual predators" by September 1997 (see Sex Offender Registration). Megan’s Law - The first amendment to the Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Act. This was passed in October 1996 and requires states to allow public access to information about sex offenders in the community. This federal mandate was named after Megan Kanka, a seven-year-old girl who was raped and murdered by a twice-convicted child molester in her New Jersey neighborhood (see Community Notification). Pedophile - An individual who turns to prepubescent children for sexual gratification. (The DSM-IV criteria for pedophilia is noted under pedophilia.) There are several typologies of pedophiles, including: Fixated Pedophile: An individual who is sexually attracted to children and lacks psychosexual maturity. Regressed Pedophile: Most commonly describes a sex offender who has a primary adult sexual orientation but under stress engages in sexual activities with underage persons. Pornography - The presentation of sexually arousing material in literature, art, motion pictures, or other means of communication or expression. Rape - Forcible sexual penetration of a child or an adult (vaginal, oral, or anal) with a penis, finger, or object. Groth (1979) proposed three types of rapists: 1. Anger Rapist: A sex offender whose rape behavior is motivated primarily by a desire to release anger and hostility on his/her victims. Offender's mood is one of anger and depression. 2. Power Rapist: A sex offender whose primary motivation for raping others is to feel powerful and exercise control over victims. Offender's mood is one of anxiety. 3. Ritualistic-Sadistic Rapist: A sexual offender whose primary motivation for raping is the eroticized power or anger. If power is eroticized the victim is subjected to ritualistic acts, such as bondage. If anger is eroticized, the victim is subjected to torture and sexual abuse. Offender's mood is one of intense excitement and dissociation. Recidivism - Commission of a crime after the individual has been criminally adjudicated for a previous crime; reoffense. In the broadest context, recidivism refers to the multiple occurrence of any of the following key events in the overall criminal justice process: commission of a crime whether or not followed by arrest, charge, conviction, sentencing, or incarceration.

Appendix B - Continued Glossary of Terms Seemingly Unimportant Decisions (SUDs) - Decisions sex offenders make that seem to them to have little bearing on whether a lapse or relapse will occur. SUDs actually allow sex offenders to get closer to high-risk factors that increase the probability of another offense (e.g., a pedophile who decides to go holiday shopping at a mall on a Saturday afternoon or decides to go to a Walt Disney movie on a Saturday afternoon is making a Seemingly Unimportant Decision--the certain presence of children in the mall or the inevitable presence of children at the theater creates a high-risk factor that may lead to lapse or relapse). Sex Offender - The term most commonly used to define an individual who has been charged and convicted of illegal sexual behavior. Sex Offender Registration - Sex offender registration laws require offenders to provide their addresses, and other identifying information, to a state agency or law enforcement agency for tracking purposes with the intent of increasing community protection. In some states, only adult sex offenders are required to register. In others, both adult and juvenile sexual offenders must register (see Jacob Wetterling Act). Sexual Abuser - The term most commonly used to described persons who engage in sexual behavior that is considered to be illegal (this term refers to individuals who may have been charged with a sex crime but have not been convicted). Sexual Assault - Forced or manipulated unwanted sexual contact between two or more persons. Sexual Contact - Physical or visual contact involving the genitals, language, or behaviors of a seductive or sexually provocative nature. Sexual Predator - A highly dangerous sex offender who suffers from a mental abnormality or personality disorder that makes him/her likely to engage in a predatory sexually violent offense.

Appendix C Report from City of Dover Police Department THE CITY OF DOVER POLICE Sex Offender Management “Megan’s Law” DEPARTMENT Basic Sex Offender Information • Only sex offenders convicted after June 27, 1994 for sex offenses specified under Delaware Law are required to register. • Persons who have been arrested but not convicted are not required to register. • One Deputy Attorney General classifies the sex offender by Tier. • Sex Offender web site maintained by the Delaware State Police and State Bureau of Identification: http://www.state.de.us/dsp/sexoff/index.htm • Web site that tracks and maps sex offenders http://www.mapsexoffenders.com/ • Web site that tracks and maps sex offenders http://www.familywatchdog.us/ShowMap.asp?frm=0 Tier III Sex Offender Registration • Tier III - The most severe tier; those in this level have been convicted of crimes such as first- or second-degree rape, first-degree unlawful sexual contact, first- or second-degree unlawful sexual intercourse and unlawful sexual penetration and first- or second-degree kidnapping. Police are required to provide searchable records and community notification. • Tier III Sex Offender must register for the rest of his/her life or if no convictions after 15 years he may petition to be reduced to a Tier II. • Tier III Sex Offenders - Dover PD verifies addresses and notifies schools, daycares centers in the area and the Dover Library. In addition, DPD passes out fliers in sex offender’s neighborhood, place of employment and place of study. The following information is on the fliers: • Sex offenders description – Name -DOB • Address • Photo • In addition, Dover PD verifies the Tier III sex offender’s address quarterly. • There are 18 registered Tier III sex offenders residing in the City of Dover. Tier II Sex Offender Registration • Tier II - Sex offenders in this level have been convicted of crimes such as third- or fourth- degree rape, second-degree unlawful sexual contact, third-degree unlawful sexual intercourse, third-degree unlawful sexual penetration or bestiality. Police are required to provide searchable records.

Appendix C - Continued Report from City of Dover Police Department • Tier II Sex Offender must register for 10 years unless he/she is a repeat offender. • Tier II Sex Offenders - Dover PD verifies addresses and notifies schools, daycares centers in the area and the Dover Library. In addition, Dover PD verifies the Tier II sex offender’s address semi-annually. • There are 99 registered Tier II sex offenders residing in the City of Dover. Tier I Sex Offender Registration • Tier I - Any other registered sex offender is assigned to this level. • Tier I Sex Offender - Dover PD verifies addresses. • In addition Dover PD verifies the Tier I sex offender’s address annually. • Tier I Sex Offender must register for 10 years unless he/she is a repeat offender. • There are 15 registered Tier I sex offenders residing in the City of Dover. Frequently Asked Questions 1.) How many registered sex offenders are there in the City of Dover? There are 140 registered sex offenders as of March 28, 2007 in the City of Dover. 15 Tier I 99 Tier II 18 Tier III 8 Unclassified 5 Sex Offenders are registered as Homeless 57 Sex Offenders work in the City of Dover 5 Sex Offenders attend school in the City of Dover 37 Warrants obtained for Failure to Reregister as a sex offender in 2006 to March 28, 2007 10 Outstanding warrants for Failure to Reregister as a Sex Offender 2.) Is there a typical sex offender? No, sex offenders come from all walks of life and socio- economic groups. They can be male or female, rich or poor, employed or unemployed, religious or non-religious, educated or uneducated, and from any race. Not all sex offenders are child molesters. 3.) What steps should I take to protect my family and myself if an offender moves into our neighborhood? Open communication between parents and children are vital components of family safety. Children might be told in general terms that this person has hurt someone before and that children should stay away from this individual. Families can review safety tips and protective behaviors. Remember that the purpose behind community notification is to reduce the chances of future victimization of people and to avoid situations that might allow for victimization.

Appendix C - Continued Report from City of Dover Police Department 4.) Can I tell neighbors, schools or others about a sex offender living in the area? The purpose of community notification and the sex offender registry is to provide information for the protection of the public. Sharing the information is believed to make our communities a safer place to live, and is an activity that is encouraged. Taking any kind of illegal action against a sex offender is another matter that is detrimental to our communities and could lead to legal action against the perpetrator. 5.) Will I automatically be notified if a sex offender is released into my community? No, you can subscribe to receive email notification of sex offenders that are placed on the sex offender registry web site. You can subscribe to receive e-mail at crimeweb.net. The Dover Police Department will release sex offender information through this web site. Also, you can receive State sex offender information by creating an account with the Delaware Information Subscription Service http://diss.state.de.us/DWS/public.diss) web site and subscribing to the Sex Offender Notification Subscription. Be aware, however, that the Sex Offender Registry Web Site does not contain every sex offender in Delaware. Individuals who are designated as Tier I sex offenders are not placed on the Sex Offender Registry Web Site and are not subject to public notification per Delaware law. 6.) Does the law prohibit a sex offender from living near a school, day care or playground? 500 feet from a school, day care or playground. 7.) Who should I contact if I know the information is incorrect regarding a sex offender of the Sex Offender Registry Web Site? State Bureau of Identification, Sex Offender Central Registry, P.O. Box 430, Dover, Delaware 19903. Phone :( 302) 739-5882. Email: soffender@state.de.us 8.) What happens if a sex offender fails to register? Under Title 11, Section 4120(k) of the Delaware Code a person who fails to register has committed a Class G Felony. This offense is punishable by up to 2 years in jail. 9.) Is Information about all convicted sex offenders available to the public at the Sexual Offender Registry Web Site? No, only if a court determination is made to place an individual on the Sex Offender Registry Web Site. Individuals who are designated as Tier I sex offenders are not placed on the “Public” Sex Offender Registry Web Site. 10.) Are juvenile sex offenders placed on the Sex Offender Registry Web Site? Yes, based on the judicial determination and nature of the offense.

Appendix C - Continued Report from City of Dover Police Department City of Dover Sex Offender *Statistical Information 1. City of Dover Demographics 2000 Census a. City Population 32,135 b. White- 55% c. Black- 37% d. Hispanic- 4% e. Other- 4% 2. Registered Sex Offender Race a. 140 Registered Sex Offenders b. White- 72 51% of registered sex offenders c. Black - 68 49% of registered sex offenders d. Hispanic- e. Other- 3. Registered Sex Offender Sex a. Male- 134 96% of registered sex offenders b. Female- 6 4% of registered sex offenders 4. Tier Breakdown of 140 Sex Offenders in Corporate City Limits of Dover a. Tier I- 15 11% of registered sex offenders b. Tier II- 99 70% of registered sex offenders c. Tier III- 18 13% of registered sex offenders d. Unclassified 8 1% of registered sex offenders 5. Homeless In City of Dover a. Tier I- 0 0% of registered Homeless sex offenders b. Tier II- 3 60% of registered Homeless sex offenders c. Tier III- 2 40% of registered Homeless sex offenders 6. DPD Failure To Reregister Warrants a. 2006-2007 37 Warrants Obtained b. Tier I- 5 Obtained 2 Outstanding c. Tier II- 18 Obtained 5 Outstanding d. Tier III- 11 Obtained 2 Outstanding d. Unclassified 3 Obtained 1 Outstanding *Statistics are as of March 28, 2007

Appendix C - Continued Report from City of Dover Police Department Dover Police Department Meghan's Law Notifications YEAR Sex Offender Notifications % Increase 2000 19 UNK 2001 39 105% 2002 34 -13% 2003 60 76% 2004 94 57% 2005 157 67% 2006 401 155% *2007 90 *As of 03/28/07 City of Dover Sex Offenders Victim Age Break Down 1. Tier I • 1-11 Years of Age 1 Victims 7% • 12-15 Years of Age 7 Victims 46% • 12-17 Years of Age 1 Victim 7% • 16-17 Years of Age 3 Victims 20% • 18 + Years of Age 1 Victim 7% • Unknown 2 Victims 13% 2. Tier II • 1-11 Years of Age 13 Victims 13% • 1-15 Years of Age 3 Victims 3% • 2-15 Years of Age 2 Victims 2% • 1-18 Years of Age 1 Victim 1% • 12-15 Years of Age 46 Victims 47% • 16-17 Years of Age 6 Victims 6% • 18 + Years of Age 9 Victim 9% • Unknown 19 Victims 19%

Appendix C - Continued Report from City of Dover Police Department 3. Tier III • 1-11 Years of Age 7 Victims 39% • 12-15 Years of Age 6 Victims 33% • 18 + Years of Age 2 Victims 11% • Unknown 3 Victims 17% 4. Unclassified • 1-11 Years of Age 1Victims 12.5% • 12-15 Years of Age 2 Victims 25% • 18 + Years of Age 1 Victim 12.5% • Unknown 4 Victims 50% 5. All Sex Offenders • 1-11 Years of Age 22 Victims 16% • 1-15 Years of Age 4 Victims 3% • 2-15 Years of Age 2 Victims 1% • 1-18+ Years of Age 1 Victims 1% • 12-15 Years of Age 59 Victims 42% • 12-17 Years of Age 2 Victim 1% • 16-17 Years of Age 9 Victims 6% • 18 + Years of Age 13 Victims 9% • Unknown 28 Victims 20% City of Dover Sex Offenders Repeat Offenders Break Down 16 Repeat Offenders Tier I 1 6% Tier II 12 75% Tier III 2 13% Unknown 1 6%

Appendix C - Continued Report from City of Dover Police Department City of Dover Sex Offenders That Failure to Reregister Court Dispositions Break Down The below court dispositions are from the 2006 to March 28, 2007 37-arrests for Failure to Reregister as a sex offender. Disposition 1 Nolle Pros 2 Deceased 3 Pending 4 Pending 5 2 years suspended to 1 years probation 6 At Large 7 At Large 8 At Large 9 2 years suspended 10 At Large 11 At Large 12 Pending 13 At Large 14 Nolle Pros 15 2 years suspended to 1 years probation 16 Nolle Pros 17 At Large 18 Lv 2 for 1 year 19 Pending 20 Nolle Pros 21 At Large 22 2 years suspended conf for 6 months Intense Supv 1 year partial conf 23 2 years suspended to 1 years probation 24 2 years suspended to 1 years probation 25 Nolle Pros 26 Nolle Pros

Appendix C - Continued Report from City of Dover Police Department 27 Pending 28 2 years suspended to 1 year Intense Supv 29 Guilty unknown sentence 30 Guilty unknown sentence 31 2 years suspended to 1 year intens supv 32 2 years suspended intense supv 1 year 33 At Large 34 At Large 35 2 years suspended to 1 years probation 36 2 years suspended to 1 years probation 37 Pending Sex Offender Current Issues 1. Registering as Homeless • If you register as a homeless person, you do not have to reregister annually. • No one knows where they are living. • There is no means of contacting the homeless sex offender. 2. Out of State Sex Offenders • If not on Probation or Parole, there is no record unless the sex offender registers. • If the sex offender is on Probation or Parole, then their Probation or Parole Officer will notify SBI. 3. State verification process • Currently residence verification for a sex offender that is not on probation or parole is sent a letter that requires a signature and to be returned. This is conducted every 90 days for Tier III sex offenders and on an annual basis for Tier II and Tier I sex offenders. • If a sex offender is on probation or parole their probation or parole officer may check on them at their stated residence. 4. Classifying Sex Offenders • Currently one Deputy Attorney General classifies the sex offenders for the entire State of Delaware. • There are unclassified sex offenders that do not have a Tier set. Therefore, there is a lack of community notification.

Appendix D List of Frequently Asked Questions About Sex Offenders 1. What is a sex offender? A sex offender is a person who has been convicted of an illegal sexual act. 2. What is a pedophile? A subject with a psychosexual disorder in which an adult's arousal and sexual gratification occur primarily through sexual contact with prepubescent children. 3. What is a predator? A person seen as obtaining or trying to obtain sexual contact with another person in a metaphorically predatory manner. Analogous to how a predator hunts down its prey, so the sexual predator is thought to "hunt" for his or her sex partners. People who commit sex crimes, such as rape or child sexual abuse, are commonly referred to as sexual predators. 4. Is there a stereo-typical sex offender? There is no stereo-typical sex offender. Sex offenders come from all walks of life. Most sex offenses (80-95%) are committed by someone the victim knows. 5. What are the “Tiers” of sex offenders? Tier III - The most severe tier; those in this level have been convicted of crimes such as first- or second-degree rape, first-degree unlawful sexual contact, first- or second-degree unlawful sexual intercourse and unlawful sexual penetration and first- or second-degree kidnapping. Police are required to provide searchable records and community notification. Tier II - Sex offenders in this level have been convicted of crimes such as third- or fourth- degree rape, second-degree unlawful sexual contact, third-degree unlawful sexual intercourse, third-degree unlawful sexual penetration or bestiality. Police are required to provide searchable records. Tier I - Any other registered sex offender is assigned to this level. 6. How many sex offenders are in the City of Dover? That number fluctuates as sex offenders move in and out of the City. The City has 165 at present. 7. Why do the police sometimes notify people door-to-door about a sex offender in their neighborhood and other times they don’t? Tier III sex offender notifications are done door- to-door in the surrounding neighborhood. Daycares and schools are also notified. Tier II sex offender notifications are just to the daycares and schools. Tier I sex offender notifications are just to the Police Department. 8. What does Dover Police Department do about current sex offenders? The Dover Police Department verifies the address of new sex offenders in Dover. They also do systematic checks to ensure sex offenders are complying with their registry requirements. Tier I offenders are checked annually, Tier II offenders are checked bi-annually, Tier III offenders are checked quarterly. The Dover Police Department will obtain warrants and search for any offender who is found to be noncompliant.

Appendix D - Continued Frequently Asked Question About Sex Offenders 9. Is there a list of sex offenders that I can Search? With access to the internet site you can access the State of Delaware Sex Offender Registry site and view the all Tier II and Tier III sex offenders in Delaware. The internet address to the State of Delaware Sex Offender Registry site is http://sexoffender.dsp.delaware.gov/ . This site gives you several different options to search by, for instance you can search by name, zip code, street or neighborhood. 10. Do sex offenders often commit repeat crimes? Data shows that recidivism rates average between 14-20 % over a five year period for Sex Offenders over all. Studies show pedophiles that molest boys and rapist of adult women recidivate at rates of 52% and 39% respectively. Sex Offenders who comply with probation and treatment have lower recidivism rates. Studies show effective treatment reduces recidivism by 40%. Sex Offenders that are actively on probation have a recidivism rate of 1%. 11. What are sex offenders required to do each year with the police? Tier I and Tier II sex offenders are mailed a letter to their registered address by the State Bureau of Identification (SBI) annually, Tier III letters are sent quarterly. They are then required to respond to the letter. If SBI does receive the response letter they will notify the appropriate police agency to conduct an investigation. The police will then verify if the sex offender is or is not living at the registered address. If they are not and have failed to reregister their address in seven days a warrant for their arrest will be obtained. 12. What steps should I take to protect my family and myself if a sex offender moves into our neighborhood? Open communication between parents and children are vital components of family safety. Children might be told in general terms that this person has hurt someone before and that children should stay away from this individual. Families can review safety tips and protective behaviors. Remember that the purpose behind community notification is to reduce the chances of future victimization of people and to avoid situations that might allow for victimization. There is no way to protect yourself in all possible situations. These tips are intended to reduce, not eliminate, the risk of assault. Information and education are your best defense. Remember that most sexual assaults are committed by someone the victim knows. 13. Can I tell neighbors, schools or others about a sex offender living in the area? The purpose of community notification and the sex offender registry is to provide information for the protection of the public. Sharing the information is believed to make our communities a safer place to live, and is an activity that is encouraged. Taking any kind of illegal action against a sex offender is another matter that is detrimental to our communities and could lead to legal action against the perpetrator. 14. What if a sex offender lives near my child’s school? Most registered sex offenders can live near a school. Sex offenders who have been convicted of a sexual offense where the victim’s age is fewer than 16 years of age, may not live within 500 feet of a school. The police, when verifying the sex offender’s address, will ensure that the sex offender is not in violation of that law. Again your child might be told in general terms that this person has hurt someone before and that children should stay away from this individual. Families can review safety tips and protective behaviors.

Appendix D - Continued Frequently Asked Question About Sex Offenders 15. Is there anyone who can talk to our neighborhood about this issue? Yes, with advanced notice an Officer from the Dover Police Department Community Policing Unit can speak with your community organization. If you would wish to arrange an Officer to speak at a meeting contact MCpl. Chad Bernat at (302)736-7122 ext# 7826. 16. How can I be sure that youth activity volunteers or subjects hired to do work at my house are not sex offenders? Most organization run criminal history checks on employees with children in their care and will not hire sex offenders for that position. Ask the organization if any sex offenders are employed by them. Sex offenders are required to register their place of employment. Ask for Identification on the subjects working at your house and check them against the sex offender registry. Try to be present at the house as much as possible. Criminal history and sex offender registry checks do not entirely mean that the subject(s) is not a sex offender. Only known convicted sex offenders are registered. Again educating your child and having open communications are necessary. 17. Do I have the right to know where sex offenders live and work? All Tier II and Tier III sex offenders are required to register where they live, work and go to school. This information is placed on a public web site for the purpose of informing the public. 18. What is the best thing I can do? Information and education are your best defense.

Appendix E List of On-line Resources Delaware sex offender registry www.state.de.us/dsp/sexoff Sign up to receive emails from law enforcement when sex offenders move into your area www.crimeweb.net Find a map of sex offenders in your location http://mapsexoffenders.com National Center for Missing and Exploited Children www.missingkids.com The Safe Side video and resources www.thesafeside.org

PREPARED BY: TAX MAP PARCEL NO. City of Dover ED-00-086.00-01-03.00/000 PO Box 475 ED-00-086.00-01-04.00/000 Dover, DE 19903-0475 ED-00-086.00-01-16.01/000 MAYOR AND COUNCIL A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover: All those lots, pieces or parcels of land situate in East Dover Hundred, Kent County Delaware, being located on the westerly side of U.S. Route 113 and the easterly side of Delaware Route 1 and being shown as Lot A (tax parcel # ED-00-086.00-01-16.01-000), Lot B (tax parcel # ED-00-086.00-01-04.00-000) and Lot C (tax parcel # ED-00-086.00-01-03.00-000) on a plat entitled: "Annexation Plan For Stillman Glade Associates, LLC"; said plat prepared by Larson Engineering, Inc. and dated January 26, 2007; and all three lots being separately and more particularly described as follows: Lot A Beginning for the same at an iron pipe found on the northerly side of U.S. Route 113 on the right of way/denied access line of State Route 1 (see Delaware Department Of Transportation Plans - contract # 88-110-02, Part B; sheets 6 and 7); said point being situate a distance of 515.69 feet measured perpendicularly in an eastward direction from Station 116+38.43 of the baseline labeled as "CL Proposed S.R.1" on the said plans; and said point further being the southeasterly corner of the herein described Lot A as shown on a plan entitled: "Annexation Plan For Stillman Glade Associates, LLC" prepared by Larson Engineering Associates, Inc. and dated 1/26/07.

ANNEXATION RESOLUTION - WEST SIDE OF BAY ROAD AT INTERSECTION WITH LAFFERTY LANE PAGE 2 Thence leaving said beginning point so fixed and binding on the State Route 1 right of way/denied access line the six following courses and distances: 1. South 64°54'06" West, a distance of 194.56 feet to an iron pipe found, thence; 2. North 69°59'30" West, a distance of 114.98 feet to a concrete monument found, thence; 3. North 27°50'06" West, a distance of 154.02 feet to a concrete monument found, thence; 4. North 01°43'39" East, a distance of 233.19 feet to a concrete monument found, thence; 5. North 13°40'17" East, a distance of 306.30 feet to a concrete monument found; and thence: 6. North 68°23'57" East, a distance of 27.68 feet to a point located on the westerly right of way line of U.S. Route 113 as shown on the above referenced Delaware Department Of Transportation plans. Thence leaving the right of way/denied access line of State Route 1 and binding on the U.S. Route 113 right of way line: 7. South 21°36'00" East, a distance of 369.00 feet to the northeastern corner of Lot C as shown on the above referenced Annexation Plan. Thence leaving the U.S. Route 113 right of way and binding on the northern and western outline of Lot C the two following courses and distances: 8. South 68°24'00" West, a distance of 165.11 feet to a point, and thence: 9. South 21°36'00" East, a distance of 64.93 feet to a point located at the northwestern corner of Lot B. Thence leaving Lot C and binding on the westerly and southerly outlines of Lot B the two following courses and distances: 10. Continuing on the same course; South 21°36'00" East, a distance of 130.00 feet to a point; and thence: 11. North 69°02'40" East, a distance of 165.12 feet to a point located on the westerly right of way line of U.S. Route 113at the beginning of the above referenced right of way/denied access line of State Route 1; said point being situate a distance of 473.00 feet measured perpendicularly in an eastward direction from Station 117+75.98 of the above referenced State Route 1 baseline. Thence binding on the said right of way/denied access line: 12. South 21°35'59" East, a distance 116.00 feet to the first mentioned point and place of beginning. Containing within said metes and bounds 2.560 acres of land more or less. Subject to the condition that there shall be no right, privilege, permission or direct access to or from the premises hereby described along the lines which are specified as "Denial Of Access" lines on the above referenced Delaware Route One plans and as stated in a deed recorded July 28, 1998 in the Office of the Recorder of Deeds in and for Kent County, Delaware in deed book 270, page 331.

ANNEXATION RESOLUTION - WEST SIDE OF BAY ROAD AT INTERSECTION WITH LAFFERTY LANE PAGE 3 Lot B Beginning for the same a point located on the western right of way line of U.S. Route 113 at the intersection of the division line between the herein described Lot B and the southerly adjacent Lot A; said point further being located at the beginning of the above referenced right of way/denied access line of State Route as described in course #11 of the above described Lot A. Thence leaving said beginning point so fixed and binding on the outline of Lot A the two following courses and distances: 1. South 69°02'40" West, a distance of 165.12 feet to t point, and thence: 2. North 21°36'00" W est, a distance of 130.00 feet to the southwestern corner of the northerly adjacent Lot C. Thence leaving Lot A and binding on the southern outline of Lot C: 3. North 68°24'00" East, a distance of 165.11 feet to the above referenced western right of way line of U.S. Route 113. Thence leaving Lot C and binding on the western right of way line of U.S. Route 113: 4. South 21°36'00" East, a distance of 131.86 feet to the first mentioned point and place of beginning. Containing within said metes and bounds 0.490 acres of land more or less. Subject to an easement agreement with the City of Dover recorded November 4,1990 in the Office of the Recorder of Deeds, in and for Kent County, Delaware, in deed book C, volume 49, page 87 and being more particularly described as follows: Said easement being contained in it's entirety within the bounds of the above described Lot B; being a continuous 10 feet in width and running adjacent and parallel to the southerly boundary line of said Lot B; as shown on the above referenced Annexation Plan of which this description in based upon. Lot C Beginning for the same at a point located on the western right of way line of U.S. Route 113 at the intersection of the division line between the herein described Lot C and the southerly adjacent Lot B. Thence leaving said beginning so fixed and binding on the northerly outline of Lot B: 1. South 68°24'00" West, a distance of 165.11 feet to the outline of the westerly adjacent Lot A. Thence leaving Lot B and binding on the outline of Lot A the two following courses and distances: 2. North 21°36'00" West, a distance of 64.93 feet to a point; and thence: 3. North 68°24'00" East, a distance of 165.11 feet to the above referenced western right of way line of U.S. Route 113.

ANNEXATION RESOLUTION - WEST SIDE OF BAY ROAD AT INTERSECTION WITH LAFFERTY LANE PAGE 4 Thence leaving Lot A and binding on the western right of way line of U.S. Route 113: 4. South 21°36'00" East, a distance of 64.93 feet to the first mentioned point of beginning. Containing within said metes and bounds 0.246 acres of land more or less. 2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover. 3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County. 4. That the effective date of this resolution shall be the 24th day of April, 2007 at 12:01 a.m. o'clock. ADOPTED: * S:\ClerksOffice\Annexations\Annex-2007\US 113 - W Side across from Lafferty Ln\Approval Resolution for Packets.wpd STEPHEN R. SPEED MAYOR BEVERLY C. WILLIAMS COUNCIL PRESIDENT

PETITION TO ANNEX AND ZONE PROPERTY Before the Dover City Council April 23, 2007 Applicant: Stillman Glade Associates, Inc. 30 The Green Dover, DE 19901 Owner: David Harer Ryan Lloyd The Island Farm 1106 Bay Road 1080 South Bay Road 16793 Island Farm Lane Dover, DE 19901 Dover, DE 19901 Milton, DE 19968 Location: US 113, Across from Lafferty Lane, South of Dover Size: +/-3.3 acres Tax Parcel #: ED-00-086.00-01-16.01-000, ED-00-086.00-01-04.00-000 and ED-00-086.00-01-03.00-000. Application Date: January 23, 2007 County Zoning: BN (Neighborhood Business), RS-1 (Single Family Residence) Proposed Zoning: C-4 (Highway Commercial) AEOZ (Airport Environs Overlay Zone) – Noise Zone ‘C’ Present Use: Residential dwelling Proposed Use: Hotel and Restaurant Comprehensive Plan Designation: Category 2 – Lands Desirable for Annexation Cost-Rev Analysis: The Cost-Revenue analysis showed a positive cash flow to the City of approximately $56,805 over ten years. File Number: AX-07-02 **NOTE: These properties are located within AEOZ Noise Zone ‘C’. The proposed

use of a Hotel is not a permitted use under Article 3 §22.6 of the Zoning Ordinance. The Cost-Revenue analysis is based upon data provided by the applicant and is calculated as if the property will be used in the manner of a Hotel.

Following a public hearing before the Planning Commission on March 19, 2007, the Planning Commission unanimously voted to recommend approval of the annexation and the requested C-4 zoning, noting that the property would be subject to the requirements of the Airport Environs Overlay Zone (AEOZ). Surrounding Land Uses: The parcels being considered are bounded to the west by Delaware Route 1 and to the east by U.S. Highway 113, at the terminus of Lafferty Lane, just south of the Puncheon Run Connector. The lands directly across Route 113, within the City of Dover are zoned C-4 (Highway Commercial) and MHP (Mobile Home Park Residential). The parcels are subject to the AEOZ (Airport Environs Overlay Zone), Noise Zone C. Hotels are prohibited in this zone. Comprehensive Plan: The Annexation and Growth Map contained within the current certified Comprehensive Plan designates this land as Category #2 – Lands Desirable for Annexation, and designates the land for Commercial Use. Recommendation of the Planning Staff: Because this is a Category 2 designated area in the Comprehensive Plan, and because the zoning requested is in accordance with the uses prescribed in the Comprehensive Plan staff recommends approval. The staff recommendation was made prior to public hearing. Following a public hearing on March 19, 2007, during which no member of the public spoke in support or in opposition, the Planning Commission unanimously recommended approval of the annexation and the requested C-4 zoning.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 1, 2007 APPLICATION: LANDS OF ISLAND FARM, INC., HARER AND LLOYD: WEST SIDE OF BAY ROAD FILE #: AX-07-02 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Our office has no objection to the annexation of tax parcels ED-00-086.00-01-16.01-000 and ED-00-86.00-01-03.00- 000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1. None. ADVISORY COMMENTS TO THE APPLICANT: 1. The Electric Division reviewed the application for annexation. The property is currently within the City of Dover Electric service territory. IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: March 1, 2007 T =============================================================== APPLICATION: Lands of Island Farm,Inc., Harer, and Lloyd FILE#: AX-07-02 REVIEWING AGENCY: DelDOT CONTACT PERSON: Richard A. Woodhall PHONE#: 760-2262 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: NO COMMENT ON THE ANNEXATION RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

K CITY OF DOVER E C DEVELOPMENT ADVISORY COMMITTEE NO D APPLICATION REVIEW COMMENTARY T N I D.A.C. MEETING DATE: March 1, 2007 S S E T APPLICATION: Lands of Island Farm Inc. R R FILE #: AX-07-02 REVIEWING AGENCY: Kent Conservation District V I CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 A C T T I THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE O FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE N APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to annexation of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project. • A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet.

City of Dover Application No.: AX-07-02 Department of Planning & Inspections M BAY R A MP M RO AD IPM C-3 C-4 L A NE IPM TY IPM FF ER LA C-4 C-3 Site MHP C-4 C-4 R-20 Plan Title: Lands of Island Farms Inc., Harer and Lloyd: west side of Bay Road Legend Plan Type: Annexation Dover Parcels Tax Parcels: ED-00-086.00-01-16.01-000, ED-00-086.00-01-04.00-000 Dover Boundary and ED-00-086.00-01-03.00-000 Site Area: 3.3ac Zoning Owners: Island Farm Inc, David Harer and Ryan Lloyd Kent County Parcels Kent County Zoning: BN Noise Zone A Proposed Zoning: C-4, AEOZ Noise Zone B Date: 3-5-07 Noise Zone C 0 250 500 1,000 Feet « Noise Zone D

FINAL READING AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES LOCATED ON THE WEST SIDE OF BAY ROAD AT THE INTERSECTION WITH LAFFERTY LANE WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RS-1 - Single Family Residence and BN - Neighborhood Business (Kent County zoning classifications) to C-4 - Highway Commercial, subject to the AEOZ - Airport Environs Overlay Zone (City of Dover zoning classification). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RS-1 and BN (Kent County zoning classification) to C-4 (City of Dover zoning classification) on those properties located on the west side of Bay Road at the intersection with Lafferty Lane, containing 3.30+/- acres, owned by Island Farm, Inc., David K. Harer, and Ryan W. Lloyd. The equitable owner is Stillman Glade Associates, Inc. ADOPTED: * S:\ClerksOffice\Annexations\Annex-2007\US 113 - W Side across from Lafferty Ln\Rezoning Ordinance-Final Reading.wpd

REVISED April 19, 2007 PETITION TO AMEND COMPREHENSIVE PLAN AND ZONING DISTRICT Before the Dover City Council April 9, 2007 Applicants/Owners: Blue Hen CC, LLC 234 N. James Street Newport, DE 19804 Location: South Bay Road, behind the Blue Hen Corporate Center Property Addresses: S. Little Creek Road Dover, DE 19901 Tax Parcel ID #: ED-05-077.00-01-01.00-000 & ED-05-077.00-01-19.09-000 Size: 23.35 ± acres Present Use: Vacant lot Proposed Use: Medium Density Residential Comprehensive Plan Designation: Commercial Proposed Comprehensive Plan Designation: Residential Medium Density Present Zoning: SC-3 (Shopping Center Development) Proposed Zoning: RM-2 (Medium Density Residence Zone) File Number: Z-07-03

Following a public hearing before the Planning Commission on March 19, 2007, the Planning Commission voted to recommend in favor of the Comprehensive Plan amendment from Commercial to Residential Medium Density (unanimous vote) and the associated rezoning from SC-3 to RM-2 (six voting in favor, two voting in opposition). After City Council voted to table the application due to confusion over the validity of the petition submitted by Schoolview residents, another petition was received by the City. The analysis revealed that the petition comprised signatures from 32.86% of the surrounding land area, as specified in Delaware Code, Title 22, Chapter 3. Therefore, the rezoning application requires a ¾ vote of City Council to approve. This is an application to amend the Land Development Plan map of the Comprehensive Plan and the zoning of the subject parcels. This amendment is being requested by DE Exchange, LLC and Blue Hen CC, LLC. The subject parcels are currently zoned SC-3 (Shopping Center Development) and are depicted on the Land Development Plan map as Commercial. The applicant is requesting RM-2 (Medium Density Residence Zone) zoning. The requested plan amendment would change the land use category from Commercial to Residential Medium Density. Existing Property The subject parcel is currently a vacant lot at the rear of the Blue Hen Corporate Center. It is located almost entirely within and is subject to the AEOZ (Airport Environs Overlay Zone), Noise Zone A, which permits residential uses. The parcel currently has no direct access to a public street. It accesses public streets through other parcels of the Blue Hen Corporate Center. Street dedication will be required if the property is developed. Surrounding Land Uses: The land northeast of the subject parcel, the neighborhood of Schoolview, is zoned R-8 (One Family Residence Zone). The property to the southwest of the parcel is the remainder of the Blue Hen Corporate Center lands, zoned SC-3 (Shopping Center Development). The adjacent parcel to the northwest is also part of the Blue Hen Corporate Center, zoned SC-3 (Shopping Center Development) and is currently a day care center. The land to the southeast is the Stover Professional Campus, zoned IPM (Industrial Park Manufacturing Zone). Comprehensive Plan: In the 2003 Comprehensive Plan Update, as amended in May 2005 and September 2006, the Land Development Plan recommends that this property be used for Commercial uses. The applicant is requesting a change in the Comprehensive Plan to allow for Residential Medium Density uses. Request for RM-2 (Medium Density Residence Zone) The types of permitted uses in the RM-2 (Medium Density Residence Zone) are outlined in Article 3 §7.

Z-07-03 Lands of DE Exchange, LLC & Blue Hen, LLC Report to Dover City Council – April 9, 2007 Page 3 7.1Uses permitted. In an RM-2 zone, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purposes, except the following: (a) Any use permitted in one-family residence zones; (b) One-family lot-line dwellings, not to exceed one such dwelling per lot; (c) Duplex dwellings; (d) Multiplex dwellings; (e) Townhouses; (f) Roominghouses accommodating not more than five roomers. (g) Garden apartments. Recommendation of the Planning Staff: The rezoning requested requires a change in the Land Development Plan map of the 2003 Comprehensive Plan Update. This entails changing the land use category classification from Commercial to Residential Medium Density. In 2005, when the City amended the 2003 Comprehensive Plan Update and completed the Comprehensive Rezoning, staff initially proposed changing the land use designation as the applicant is currently requesting, as well as changing the zoning to RM-2 (Medium Density Residence Zone). The property owner at that time did not support the amendment, so the final staff recommendation was to maintain the current land use designation and zoning. The Planning Commission and City Council accepted the staff recommendation to maintain the current zoning. The property has since been purchased by Blue Hen CC, LLC, the applicant, who is requesting that this parcel be rezoned to RM-2 (Medium Density Residence). The proposed Comprehensive Plan amendment and rezoning would create an opportunity for infill residential development that would provide a transition between the more intense SC-3 (Shopping Center Development) zoning and the neighboring Schoolview neighborhood. This would be a down-zoning that would lessen the intensity of permitted uses adjacent to the Schoolview neighborhood from a range of commercial and office uses to residential uses. Additionally, the proposed medium density residential development would allow for homes located near employment locations, such as the Blue Hen Corporate Center and Kent County Administration Building, as well as near a neighborhood school and transit. Staff supports the request for a Comprehensive Plan amendment (from Commercial to Residential Medium Density). Additionally, staff supports the request for RM-2 (Medium Density Residence Zone) zoning in this location. Staff recommends that the Planning Commission forward a recommendation to City Council to approve the request for the Comprehensive Plan amendment and to approve the rezoning of the property to RM-2 (Medium Density Residence Zone). The staff recommendation was made prior to the public hearing before the Planning Commission. Following the public hearing on March 19, 2007, the Planning Commission recommended in favor of the requested Comprehensive Plan amendment and the requested rezoning. The excerpt of the draft minutes from the public hearing from the Planning Commission is below:

Z-07-03 Lands of DE Exchange, LLC & Blue Hen, LLC Report to Dover City Council – April 9, 2007 Page 4 Z-07-03 Lands of DE Exchange LLC at the Blue Hen Corporate Center: Land Development Plan Amendment, Land Use Type: Commercial to Residential Medium Density - Public Hearing and Recommendation to City Council for an application for a Land Development Plan Amendment to the Comprehensive Plan Update 2003 as amended May 2005 & September 2006 to change the land use type for specific parcels of land. The area located east of South Bay Road and east of the Blue Hen Corporate Center building is comprised of a total of a two parcels. The land use type is designated currently as Commercial on Map 11-1. The applicant has proposed to rezone the property to a zoning classification that is identified as inconsistent with Map 11-1. The requested amendment is a change to the land use type to Residential Medium Density, for the subject area. This application was postponed from the February 20, 2007 meeting at the request of the applicant. Rezoning Application: Public Hearing and Recommendation to City Council on a rezoning application involving two parcels of land consisting of 2.69 acres and 20.66 acres for a total of 23.35 acres ±. The subject area is currently zoned SC-3 (Regional Shopping Center Development Zone). The proposed zoning is RM-2 (Residential Medium Density Zone) and the property will be subject to the AEOZ (Airport Environs Overlay Zone). The owner of record is DE Exchange, LLC. The equitable owner is Pettinaro Construction Company, Inc. / Blue Hen CC, LLC. Tax Parcels: ED-05-077.00-01-01.00-000 and ED-05-077.00-01-19.09-000. Representatives: Mr. Gregg Moore, Becker Morgan Group, Inc.; Mr. Mark Dunkle, Attorney for Parkowski, Guerke and Swayze; Mr. Greg Pettinaro, Owner. Mrs. Townshend stated that the Pettinaro Company has purchased the Blue Hen Mall and there is a portion of the site in the rear behind the mall and the Schoolview Development that is zoned SC-3 that has remained undeveloped. The applicant is requesting a Comprehensive Plan Amendment to change the Land Use Classification from commercial to residential medium density and the zoning from SC-3 (Shopping Center Development) to RM-2 (Medium Density Residence Zone. Mrs. Townshend further stated that it is located almost entirely in the Airport Environs Overlay Zone under Noise Zone A which does permit residential uses. It will be subject to the requirements of the Airport Environs Overlay Zone and would be regardless of the zoning classification. It currently has no direct access to a public street. It has access to a public street through other parcels within the Blue Hen Corporate center; however, the Blue Hen Corporate Center is entirely under the applicants control to take care of these issues. Mrs. Townshend further stated that to the northeast of the parcel is the neighborhood of Schoolview which is zoned R-8. We have a number of residents here from the Schoolview community this evening and you have received a petition from those Residents of Schoolview on this matter. The property to the southwest is the remainder of the Blue Hen Corporate Center lands and to the northwest is also Blue Hen Corporate Center land and then the Stover Campus which is located southeast and zoned IPM.

Z-07-03 Lands of DE Exchange, LLC & Blue Hen, LLC Report to Dover City Council – April 9, 2007 Page 5 Mrs. Townshend further stated that the Comprehensive Plan shows these lands as Commercial and the applicant is requesting that they receive an RM-2 zoning classification change to Residential Medium Density. The State has reviewed this plan through the Preliminary Land Use Services process and has no objection to it. In this case, because of the proximity to places of work, to a school, and other services, the Zoning and Comprehensive Plan Amendment requested seems to be consistent with the area and the re-development of the area. Mrs. Townshend further stated that the applicant would like to present a brief power point presentation. Mr. Dunkle stated that they would be bringing forth a site plan for twenty acres that is adjacent to the Schoolview development. He is not surprised that a lot of the neighbors are here this evening. The applicant did schedule a meeting with the neighborhood and City Council representatives for that district, Mr. Eugene Ruane and Mr. Bill McGlumphy, to talk to the neighbors, listen to the neighbors, and explain what this component of the Blue Hen Mall re- development plan of the applicant was. We have had a second meeting with the neighbors and that meeting also reviewed a plan that incorporated some of their feedback. It still shows construction on the vacant field which is the element of opposition. This property was a part of the Blue Hen Mall and was a vacant field when Schoolview was constructed. The DAC report does support the Plan Amendment based upon the findings found in the DAC Report and would support a rezoning. He would also submit that the testimony you will hear tonight and the comments in the DAC report are in keeping with Article 10, Section 5.111, Items A through E which is the procedure in the City of Dover for approving a Plan Amendment. Mr. Pettinaro presented a power point presentation of what they have done around the State recently through restoration of dilapidated buildings. Mr. Pettinaro further stated that their company was started in 1964 and is family owned an operated. We specialize in the revitalization of properties. We are not a seller of properties and do not do residential houses we are more of a commercial builder and a long time holder. They will renovate the entire mall and this rezoning will put the project together. They will be putting bike paths onto the parcel in the spring and will redo all of the parking lot with landscaped islands and with site lighting. They will also stripe the parking lot as currently, it does not function. What they find very difficult is to find tenants because the concept of the Blue Hen Mall has not changed in many years. In the fall, we will come back in to put a new skin on the building. If we keep the existing zoning we could put four (4), four story buildings and 300,000 square feet of office with 1,700 parking spaces with not a lot of green space. We felt that a down zoning was better for the concept of what we want to do. Our concept is to take the offices in the front and boarder them with the residential in the back with an apartment use. To put more offices on the site does not seem like it would work as you need some green space on the site. The tenants that look out the back of the mall in that it is so deep, will front the back, so we wanted them to be able to look at some green space. When we met with the residents of Schoolview, the three big concerns was first, an access road so that it would not be the only connector to S. Little Creek Road. Also, there is a connector road that goes through Schoolview that is stubbed up onto the property. We originally showed an entrance road there and the residents of Schoolview did not want it to connect there. The neighbors did not want to connect

Z-07-03 Lands of DE Exchange, LLC & Blue Hen, LLC Report to Dover City Council – April 9, 2007 Page 6 the two projects together which is another reason why they have a second entrance. The third item of concern was landscaping as it was originally right up to the parking. We now have a forty foot landscaping and fence buffer. The fourth concern was with regards to water and sewer concerns. This will be worked out before they start construction as the residents did not want them coming into their pump station on the property. They will look into what they can do with the Public Works Department to get out of that pump station and get into a different pump station if they can. Mr. Moore stated that this is a down zoning and most all issues under the RM-2 zoning this will be a reduction from what they would be permitted from a SC-3 zone. For example, there will be much more green space in the apartment complex as proposed then there would be if we were to do office or significant retail, which will have a reduction in stormwater management. With regards to the sewer issues, if the zoning stays SC-3, and a 300,000 square feet office built, it will generate a large amount of sewage. We would have to deal with it in the SC-3 zoning and will have to deal with it in the down zoning. With regards to parking, there will be approximately 300 parking spaces that are required for this development as an apartment complex. The number of spaces for a similar 300,000 square foot office park would be in excess of 1,000 parking spaces. The peak traffic demands on the adjacent roads would actually be greater with the current zoning of SC-3 and those are justified means of why we requested the down zoning. If we were to lay out this project and attempt to do what we feel is the best land use for a separation between a single family development and an intense commercial development which is what Mr. Pettinaro hopes the Blue Hen Corporate Center becomes, we would have proposed some form of multi-family flats to break down the neighborhood so that there was a step or breakdown between the intense commercial and the residences in Schoolview. Mr. Pettinaro has expressed interest in wanting to accommodate the neighbors and their three concerns. Mr. Dunkle stated that the DAC report mentions this; however, he wanted to emphasis it, the City of Dover Staff in the update to the Comprehensive Plan in 2005 recommended that this change in zone in the Plan Amendment from commercial to the medium density residential in the same zoning category. Mrs. Townshend read into record a letter received from Stover Homes Corporate Offices dated March 19, 2007. “Dear Mrs. Townshend I would like to express my support for the rezoning of approximately 20 acres between the Blue Hen Mall and the Schoolview sub-division from SC-3 to RM-2. I believe the proposed construction of garden style apartments will be an asset to the community. In addition, it should benefit the surrounding area and ultimately the City of Dover. If you wish to contact me regarding this project please feel free to call me, Respectfully Gary L. Stover, CEO, Stover Homes. Mr. Friedman opened a public hearing. Mrs. Barbara Austin – 699 Roberta Avenue – Stated that she is here with her neighbors to oppose the rezoning of the property behind the Blue Hen Corporate Center which comprises of twenty-three (23) plus acres from SC-3, Commercial to RM-2, Residential. There were meetings in February and March at the Blue Hen Corporate Center with representatives from Pettinaro

Z-07-03 Lands of DE Exchange, LLC & Blue Hen, LLC Report to Dover City Council – April 9, 2007 Page 7 Construction, Becker Morgan Group, and Schoolview residents. The residents of Schoolview were told that 162; three story apartment units would be built with 351 parking spaces and drawings were displayed. A petition with 78 signatures from Schoolview Residents states that we are opposed to the rezoning as we do not want apartments next to our community of single family homes. We feel that so many rental units with the added population and potential crime would be detrimental to our community and would lower our property value. We are also concerned about the possibility of sewage from the development coming into the pump station on Roberta Avenue in Schoolview. We already have the added sewage from the Tudor Complex tied into our sewer system with subsequent sewer back-up in Schoolview basements. Also, the sewage from the Stover complex has been designated to come into Schoolview. At the present time, the sewage from the Blue Hen Corporate Center does not flow into Schoolview; it flows into the County system off of Route 113. The representatives from Becker Morgan Group assured us that they could put the sewage from the new development anywhere and it would only go into the Schoolview development if the City of Dover insisted on it. The residents are also concerned about the dead-end street at the intersection of Crawford and Roberta Avenue being opened up into the new development. We were assured by the representative from Pettinaro that this would only be done if the City of Dover insisted upon it. Schoolview cannot handle all of the added traffic that this will bring into our community. Our streets are very narrow and if cars are parked on both sides of the street you can barely get one car through. We feel that our community would serve as a traffic thru-way for another development and we also feel that our community has been used enough with little or no concern for our needs and our quality of life. With the Blue Hen Corporate Center, there has been no adverse activity in the evenings or weekends affected by the Commercial zoning. Adding apartments, we feel, would adversely affect us 24/7. We therefore request that this zoning remain commercial. Thank you. Mrs. Townshend read into record an email letter received from Mr. Bart Genova dated February 20, 2007. “To the City of Dover, I am a property owner and I have a house in the Schoolview subdivision, 505 Crawford Avenue. I have some concerns about the proposed rezoning that I would like read into the record at tonight’s meeting. I think the number of 162 proposed units is much too high and that single family units should also be mixed in to make it a more balanced neighborhood. When I speak about a balanced neighborhood, I am talking about the mix of owners and renters. On the other hand, if the City of Dover thinks that it is a good idea, which I don’t, to have this huge apartment complex next to single family homes there should be a 100 foot setback between the complex and the Schoolview subdivision with no street connection between so Schoolview would not be affected by the noise of high density housing traffic. I would prefer the City not to change this zoning at all or zone it for single family homes only. By keeping the housing density down the City may not have to build as many schools and keep property taxes down. Thank you, Mr. Bart Genova. Mrs. Barbara Messina – 655 Roberta Avenue – Stated that she is here tonight to voice her opposition to the Blue Hen Corporate Center rezoning from SC-3 to RM-2. She would not like to see this property zoning changed if it would mean allowing apartments of any type. That is what we were told, we were here for tonight not for a Blue Hen Corporate renovation promotion. Single family homes would be much better; however, we have been told by the owner that they have no intention for single family town homes for financial reasons. He will build commercial, business or apartments if this zoning changes and is approved. As a resident of the City of

Z-07-03 Lands of DE Exchange, LLC & Blue Hen, LLC Report to Dover City Council – April 9, 2007 Page 8 Dover, she would hope that City officials would rather see businesses which would bring jobs to this City. There are enough unoccupied and brand new homes for residents but not enough jobs. The engineers and all of the other reports that we have read have stated that surely, the residents would rather have residential and not commercial business in this area. What happened is no one asked us? We would rather take our chances in filling these many parking spaces with employed persons and better yet, we would like to see the major changes to the Blue Hen Corporate Center completed and having workers fill it before you allow any additional buildings on this property at all. Mrs. Messina further stated that she has personally called every apartment complex in the City limits and she could not find any with a waiting list for tenants. She does personally know many people who are searching for employment. The residents of this east Dover area are not willing to have the crime increased by adding more apartments in our area. If the City of Dover Police records are reviewed, you will see that the east side of Dover on South Little Creek Road has more than its share of Police action. We do have a school, a nursing home, and a large child care facility that should not be faced with this increased danger that would arise because of additional apartments in this area. She does, by the way, love the approval of apartments in Downtown Dover on the properly zoned property. I would like to thank Mr. Pettinaro for meeting with us and publicly stating that he does not desire to open the closed entrance into Schoolview and does not desire to tie into our City sewer and water services under the present zoning or if the residential change is approved. We hope that you will take into consideration the opposition of the many residents who are here in person and those who have contacted City of Dover officials concerning this rezoning. We do have a petition that you know of that has been signed by almost every resident of Schoolview. If this project is given permission by the Planning Commission and sent to City Council for final approval, she would like for you to know that there is property in Schoolview that will be available to place a policed substation that will be needed in the neighborhood in the very near future. Mr. Frank Divita – 510 Crawford Avenue – Stated that he is here to protest this rezoning of the property located behind the Blue Hen Corporate Center from commercial to residential. This property lies directly behind his house and he has been here for over forty (40) years and does not want to see apartments built here. This would decrease the value of his property and greatly increase population and cause traffic that we already have from apartments nearby. Schoolview is being squeezed in from all sides and the residents in this neighborhood are opposing this rezoning. We hope that the Planning Commission takes that into consideration. Mr. Freidman closed the public hearing after seeing no one else wishing to speak. Mr. Holt stated that with regards to the pump station, it would seem that he has answered all of our questions as far as sewage and backup maybe going into Schoolview development. Mr. Nichols stated that the letter that Mr. DePrima wrote to the Schoolview homeowners he believes it lays out everything as far as utilities. They would have no problems, that the change from the shopping center to the medium density residential would cause.

Z-07-03 Lands of DE Exchange, LLC & Blue Hen, LLC Report to Dover City Council – April 9, 2007 Page 9 Mr. von Reider stated that when he looks at this property, he does not believe that it is necessary to create a buffer transition zone between the Blue Hen Corporate Center and Schoolview by putting the most possible dense residential zoning that you could on that property. If he lived there, he would be very upset about having apartment buildings popping up in his face. Schoolview is zoned R-8 and he thinks that RG-3 would be a more appropriate zoning for this property because it would allow single family homes as well as town homes so you can increase the density without creating massive buildings and complete rental properties. Trying to encourage home ownership creates a better community and a better environment. He would oppose the RM-2 zoning classification. Colonel Welsh stated that he would concur with what Mr. von Reider has stated. Mr. Pettinaro stated that the apartments that they will be providing are upscale apartments. There is another zoning classification of RG-5 which allows for a lot more dense apartments and we talked to the City and decided to go with the RM-1 zoning classification. There are not a lot of nice apartments in Dover, they are mostly junky. We believe that our apartments would be priced above those that are priced in the area now. The only problem with town houses that we find is that one, it is a for-sale development and we cannot control what happens there. We can write deed restrictions in; however, once we sell the property, we cannot control what car sits in the parking lot, we can’t control that people are grilling out on their decks, or leave trash out on their decks. We have a big investment in the front and we want to be able to control what happens between the two developments and by having apartments, we have rules and regulations in the apartments that leave us the ability to kick people out if they do not abide by them. Through all of the comments that he heard, traffic, the pump station, road connection, and no heavy use in the current commercial zoning, they just don’t want apartments. We have agreed to fix the pump station problem by not going into their pump station. The road connection we have agreed to fix that problem and provide a heavy buffer. There is no heavy use in the commercial district because there is 400,000 square feet that is vacant. There are over 3,000 parking spaces in that mall. Sooner or later, for everyone’s benefit, mine and the City, we will fill those and when that happens, the traffic will be there. To have more use and traffic from the back is not good for the community, there is only so much traffic that can be there and we should figure out a down grading for the pieces in the back. Colonel Welsh stated that is seems to him that the applicant is requesting an RM-2 medium density residence zone which the testimony that we have heard from all of the residents from Schoolview, are opposed to. Either this is an approved recommendation granting that it goes to City Council with their concurrence or disapproved. The developer would want to maintain commercial zoning if we were not going to provide him with RM-2 zoning. To arbitrarily throw in another zoning that he is not requesting is not the proper thing to do. Mrs. Townshend stated that her recommendation would be that you ask the applicant if he would be amenable to the RG-3 if this is what you want to do and if he is not then you either approve or deny it. Mr. von Rider questioned the applicant on what their preference would be? Responding to Mr. von Reider, Mr. Pettinaro stated that they would prefer that you vote on what we are asking for.

Z-07-03 Lands of DE Exchange, LLC & Blue Hen, LLC Report to Dover City Council – April 9, 2007 Page 10 Mr. von Reider moved to approve the Land Development Comprehensive Plan Map for changing the designation of the property from Commercial to Residential Medium Density without, at this time, a specified zoning classification, seconded by Mr. Nichols and the motion was unanimously carried. Mr. von Reider moved to recommend to City Council that the property be rezoned from its current SC-2 zoning classification to a zoning classification of RG-3 which is in opposition of what the applicant has requested of RM-2 medium density residential. Mr. DiMondi stated that the applicant is already on record as stating that he is not going to support that move who then becomes the applicant before City Council. The zoning classification of RG-3 does not fit what the developer is proposing for this property. Mr. Friedman stated that the motion for changing the zoning classification has failed because there is a lack of a second on the motion and asked for another motion. Mr. DiMondi moved to recommend to City Council from the zoning classification of SC-2 to a zoning classification of RM-2 be granted based on good land use planning guidelines, techniques and previous actions taken in previous years by Planning Staff with regard to the 2003 Comprehensive Plan Update in permitting anything otherwise allowed under the RM-2 Land Use category as outlined under Article 3, Section 7.0, seconded by Mr. Nichols. Mr. Baldwin, Mr. Holt, Mr. Friedman and Mr. Tolbert were in favor of the zoning classification. Mr. von Reider and Colonel Welsh were against the zoning classification. Mr. von Reider questioned with regards to the motion, he would request the motion maker to include in his motion the specifications that the developer would, if this was approved by City Council, seek alternative methods for sewer discharge other then hooking into the Schoolview system and secondly, that they agree that the stub street connection to Schoolview not be connected so that any traffic from this development does not go through Schoolview. Mr. DiMondi stated that he felt that the application is to grant a zoning classification not move towards the approval of site plan. The offer has been made and a record has been created and there are certainly plenty of witnesses in the room that if Mr. Pettinaro chooses to go south, there would be plenty to go forward with when a Site Plan comes forward. Mixing all of that into the context of the rezoning might be a terrible technical mistake that we might not want to tread in.

Total properties within 100 feet of subject site PARCELID ACREAGE Property Address OWNER Owner Address Address 2 City State Zip ED05-077.11-02-03.00 0.00779983901 504 ROBERTA AVE JEANNE A PERRAULT REVOC TRUS 504 ROBERTA AVE DOVER DE 19901 ED05-077.11-02-04.00 0.13468572275 510 ROBERTA AVE WALTERS,JASON T 510 ROBERTA AVE DOVER DE 19901 ED05-077.11-02-06.00 0.18643933773 510 CRAWFORD AVE DIVITA,FRANK & WANDA J 510 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-05.00 0.02858831857 518 ROBERTA AVE PHILLIPS,MARK D & LAURIE 518 ROBERTA AVE DOVER DE 19901 ED05-077.11-02-07.00 0.19916120410 518 CRAWFORD AVE EVANS,M ROSS & NELDA B 518 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-08.00 0.19178997510 524 CRAWFORD AVE HAND,WILLIS C & NELLIE V 524 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-09.00 0.18085506630 532 CRAWFORD AVE HALLMAN,SHIRLEY A 532 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-10.00 0.17200322263 538 CRAWFORD AVE PERRY,MILDRED J 10 EAST ST CAMDEN DE 19934 ED05-077.11-02-11.00 0.17209738680 546 CRAWFORD AVE HAMPTON,CHRISTOPHER & JACQUELINE L 546 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-12.00 0.17248466549 554 CRAWFORD AVE SAUNDERS,DAVID C & BENSON,MARY A 88 PUTTER WAY CAMDEN DE 19934 ED05-077.11-02-13.00 0.17502345467 562 CRAWFORD AVE SAROGLIA,PHILLIP 562 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-14.00 0.16892193804 568 CRAWFORD AVE CROUSER,REBECCA C 568 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-15.00 0.17680424749 576 CRAWFORD AVE LASOCHA,MARIANNA D 576 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-16.00 0.17168469171 584 CRAWFORD AVE KRASULAK,MICHAEL J 584 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-17.00 0.17348184877 590 CRAWFORD AVE HAWKINS,DONALD & DEBORAH J 590 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-18.00 0.17287082037 598 CRAWFORD AVE QUAPPE,CHARLES & HEIDI 598 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-19.00 0.17374041366 606 CRAWFORD AVE IGNACIO,EDWARD P & ESTELLA E 606 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-20.00 0.16912820618 614 CRAWFORD AVE REIMS,AARON & PHYLLIS A 614 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-21.00 0.17438766680 622 CRAWFORD AVE BORDLEY,JAMES & ELEANOR 622 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-22.00 0.17606159259 628 CRAWFORD AVE HOLMES,RICHARD C & HOLMES,IEASA A 628 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-23.00 0.16931865031 636 CRAWFORD AVE HOLMES, YVETTE 636 CRAWFORD AVE DOVER DE 19901 ED05-077.11-02-24.00 0.21932981459 644 CRAWFORD AVE STALEY,MICHAEL G & POWELL,JENNIFER L 644 CRAWFORD AVE DOVER DE 19901 ED05-077.00-01-19.07 0.58673607569 655 BAY RD DE EXCHANGE LLC 635 SWEDESFORD RD MALVERNPA 19355 ED05-077.00-01-19.05 2.67358388786 655 BAY RD DE EXCHANGE LLC 635 SWEDESFORD RD MALVERNPA 19355 ED05-077.00-01-19.03 1.28711794779 655 BAY RD DE EXCHANGE LLC 635 SWEDESFORD RD MALVERNPA 19355 ED05-077.16-01-03.00 0.01689916324 695 ROBERTA AVE FREEMAN,FRANK W & EVA D 695 ROBERTA AVE DOVER DE 19901 ED05-077.16-01-02.00 0.34671749495 697 ROBERTA AVE FUNK,CURTIS L & MARY ANNE 697 ROBERTA AVE DOVER DE 19901 ED05-077.16-01-01.00 0.26802737523 699 ROBERTA AVE AUSTIN,HENRY W JR & BARB 699 ROBERTA AVE DOVER DE 19901 ED05-077.00-01-02.00 0.50567195682 852 S LITTLE CREEK RD DOVER SPECIAL SCHOOL DISTRICT945 FOREST ST DOVER DE 19904 ED05-077.00-01-22.00 1.46262030354 BAY RD DELAWARE INDUSTRIAL ENT INC 155 N FAIRFIELD DR DOVER DE 19901 Total = 10.71403228878 Acres are present within 100 feet of the subject site Petition Threshold 2.14280645776 Acres of petitioning land are required to validate the petition Total Acres not signing = 7.19383561428 Total Acres in Petition = 3.52019667450 = Responding Properties 3.52019667450 = A valid petition threshold.

Z-07-03 Blue Hen Corporate Center Rezoning Petition Analysis ¯ Legend 0 225 450 900 Feet Blue Hen Corporate Center Total Petitioning Land Owners account for Petitioning Properties 3.52 Acres of the 10.71 Acres that are within 100 Feet of the subject site. Land valid for Petition Consideration This accounts for a total of 32.86% of the City of Dover Parcels land area in protest of the rezoning.

FINAL READING AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005 AND SEPTEMBER 2006, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND DEVELOPMENT PLAN DESIGNATION FROM COMMERCIAL TO RESIDENTIAL MEDIUM DENSITY ON PROPERTY LOCATED EAST OF SOUTH BAY ROAD AND EAST OF THE BLUE HEN CORPORATE CENTER WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from Institutional to Commercial. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Land Development Plan Map of the City of Dover has been amended by changing the land development plan designation from Commercial to Residential Medium Density on that property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC. ADOPTED: * S:\ClerksOffice\Ordinances\2007\DRAFT Ordinances\Comp Plan Amendment - South Bay Rd Final Rdg 04-23-07.wpd

FINAL READING AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED EAST OF SOUTH BAY ROAD AND EAST OF THE BLUE HEN CORPORATE CENTER WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from SC-3 (Regional Shopping Center Zone) to RM-2 (Medium Density Residence). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from SC-3 (Regional Shopping Center Zone) to RM-2 (Medium Density Residence) on that property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC. ADOPTED: * S:\ClerksOffice\Rezonings\2007\South Bay Road\ORDINANCE-SouthBayRd-Final Rdg 03-12-2007.wpd

PETITION TO AMEND ZONING ORDINANCE TEXT Before the Dover City Council April 23, 2007 Proposed Zoning Text Change: The proposed zoning text more closely aligns the definitions and thresholds regarding day care facilities with those of the State Office of Child Care Licensing. Additionally, it would add day care centers as a permitted use in the IO (Institutional and Office Zone) and hotels and restaurants as a conditional use in the IO (Institutional and Office Zone). Finally, it reconciles an inconsistency within the Zoning Ordinance regarding the parking requirements for day care centers. Planning Commission Recommendation: Following a public hearing on April 16, 2007 before the City of Dover Planning Commission, the Planning Commission unanimously recommended approval of the proposed zoning text amendment as presented at the first reading, with the following changes as recommended by staff in a memorandum dated April 16, 2007: ƒ The correction of the reference to “section 10.1” to “Article 10, Section 1.” This change was also recommended by the Parks, Recreation and Community Enhancement Committee. ƒ The addition of the phrase “for compensation,” in the definitions within Article 5, Section 14 and in the definition in Article 12. ƒ The change in Article 5, Section 14.35 to replace “letter of approval” to “license,” and to replace “Certificate of Occupancy” to “City of Dover Business License.” The Planning Commission did not recommend changing the thresholds as referenced in the staff memorandum from April 16, 2007. Commissioners expressed concern that increasing the numbers as referenced in the memo could potentially have a negative impact on surrounding properties. A copy of the proposed text amendment incorporating the changes recommended by the Planning Commission is attached for clarity. File Number: MI-07-04

MI-07-04 Changes to IO Zone and Day Care Requirements Report to City Council – April 23, 2007 Page 2 Summary of Ordinance Amendments: The proposed ordinance accomplishes several things: 1. The State of Delaware recently revised its regulations regarding day care. The proposed revisions align the City of Dover zoning provisions regarding day care more closely with the State regulations, specifically regarding definitions and number of child thresholds. 2. There is currently an inconsistency in the Zoning Ordinance regarding parking requirements for day care centers. Article 5, Section 14.33 requires one space per each adult attendant, plus one for every ten children. Article 6, Section 3.1 requires one space per each adult attendant, plus one for every 20 children. We have been requiring the more stringent, and the proposed change would reinforce this and eliminate the inconsistency. 3. The current ordinance permits up to 50 children in a day care center in zones R8 through R 20, and up to 100 children in all other zones. The proposed amendment would remove the 100-child limitation in non-residential zones and limit day care centers in all residential zones to 50 children. 4. Currently, day care centers are a conditional use in all zones. The proposed amendment would allow day care centers as a permitted use in the IO (Institutional and Office Zone), and continue to allow them as a conditional use in all other zones. 5. The proposed amendment would add hotels and restaurants as a conditional use in the IO (Institutional and Office Zone).

MEMORANDUM Department Public Services – Planning & Inspections P.O. Box 475 Dover, Delaware 19903 Phone: 302.736.7010 Fax: 302.736.4217 Date: April 16, 2007 To: Planning Commission Members From: Ann Marie Townshend, AICP RE: Zoning Text Amendment – Changes to Day Care and IO Zone The zoning text amendment presented in your packet is the draft that had its first reading at the City Council meeting on March 12, 2007. The Parks, Recreation and Community Enhancement Committee reviewed the draft at its meeting on March 27, 2007, and the Planning Staff met with the Office of Child Care Licensing regarding the proposed amendment. Based on these meeting, there are a number of changes proposed to the text, which are detailed below. First, the change recommended by the Parks, Recreation and Community Enhancement Committee corrects an error in the proposed ordinance. In Section 10.16, the text refers to “section 10.1.” This should be replaced with “Article 10, Section 1.” Secondly, after meeting with the staff from the Office of Child Care Licensing, the following changes are recommended. ‰ Section 14.21 should read (blue text indicates changes): 14.21 Day care center Day Care Center. (a) Any place, other than an occupied residence, which receives children for compensation for day care or group day care home Large Family Day Care Home; and (b) Any occupied residence which receives 12 13 15 or more children for compensation for day care. Such child care facilities Day Care Centers shall be required to obtain conditional use approval by the planning commission in accordance with the procedures and subject to the general conditions set forth in section 10.1 Article 10 and to any specified requirement set forth in [sub]section 14.3 below., except in zoning districts where listed as a permitted use. ‰ Section 14.22 should read (blue text indicates changes): 14.22 Family day care home Family Day Care Home. An occupied residence in which a person provides care for children other than his/her own family and the children of close relatives for compensation. Such care in a Family day care home Family Day Care Home is limited to that care given to six nine or fewer children. Such child care facility shall be permitted as an accessory use in all residential zones and shall be exempt from obtaining a conditional use permit and site plan approval. ‰ Section 14.23 should read (blue text indicates changes): 14.23 Group day care home Large Family Day Care Home. A facility which provides child care for more than six, nine but less than 12 13 15 children. This care may be offered in a private home or in a property converted to the purpose of providing child day care. This form of Day Care Facility requires the

MEMO 2 submission of a site plan application in accordance with the procedures and subject to Article 10 Section 2 of the Zoning Ordinance. If a Large Family Day Care Home is not to be located in an occupied residence, then a conditional use site plan application shall be required in accordance with Article 10 Section 1 of the Zoning Ordinance. ‰ Section 14.35 should read (blue text indicates changes): 14.35Licensing requirements. The day care center Day care facilities must meet state standards, and a letter of approval license from the state shall be submitted to the department of planning and inspections prior to the issuance of a Certificate of Occupancy City of Dover Business License. ‰ The amended definition in Article 12 should read (blue text indicates changes): Day care facility: For the purposes of this ordinance, the facilities described furnishing care, supervision and guidance of a child or group of children for compensation, unaccompanied by [a] parent or guardian for periods of less than 24 hours per day shall be defined as follows: (a) Day care center Day Care Center: i. Any place, other than an occupied residence, which receives children for day care or group day care home Large Family Day Care Home; and ii. Any place, including an occupied residence, which receives 12 13 15 or more children for day care. (b) Family day care home Family Day Care Home: An occupied residence in which a person provides day care for children other than his/her own family and the children of close relatives. Such care in a family day care home Family Day Care Home is limited to that care given to six nine or fewer children. Such child care facility shall be permitted as an accessory use in all residential zones and shall be exempt from obtaining a conditional use permit and site plan approval. (c) Group day care home Large Family Day Care Home: A facility which provides child care for more than six nine, but less than 12 13 15 children. This care may be offered in a private home or in a property converted to the purpose of providing child day care.

As amended by the Planning Commission (changes recommended by the Planning Commission are indicated in bold blue font): Section 10. Institutional and office zone (IO). 10.1Uses permitted. In an institutional and office zone, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: 10.11 Business, professional, or governmental offices, and research, design and development laboratories, located entirely within a building on the same lot therewith, including incidental clinics, cafeterias and recreational facilities for the exclusive use of company employees. 10.12 Public and institutional uses including hospitals, sanitariums for general medical care, medical clinics, libraries, police stations, courthouses, transit centers, motor vehicle storage and repair facilities accessory to a public or institutional use, schools, colleges and universities, places of worship, philanthropic and eleemosynary institutions, parks, playgrounds, public indoor recreation centers, civic centers, athletic fields and public utility rights-of-way and structures necessary to serve areas within the city. 10.13 Restaurants accessory to permitted uses located on the same lot. 10.14 Signs shall meet the regulations found in article 5, section 4, supplementary sign regulations. 10.15 Firearm ranges, prisons and correctional facilities, [and] public incinerators, as a conditional use, subject to the approval of the planning commission under the provisions of article 10, section 1. 10.15 Day Care Centers, provided they are established in accordance with all applicable State regulations pertaining to child care and provided that they are established and maintained in accordance with Article 5 Section 14 of this ordinance. 10.16 The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in section 10.1: (a) Firearm ranges, prisons and correctional facilities. (b) Public Incinerators (c) Hotels and restaurants. 10.2Landscaping. The entire lot, except for areas covered by buildings and surfaced as parking or service areas, shall be suitably landscaped. Zoning Text Amendments – IO Zone and Supplementary Regulations for Day Care

10.3Ingress and egress. Driveways shall be not less than 24 or more than 28 feet wide. There shall be no curb cuts or points of vehicular access to the lot, other than for such driveways. 10.31Off-street parking. No parking lot shall be located within the minimum required front yard, nor between the street line and the principal building on the front side of the lot, except that parking lots shall be permitted between the street line and the principal building when all such parking lots are set back at least 100 feet from the street line. For properties which involve more than one street frontage, only that frontage which correlates to the property street address shall be considered the front side for purposes of this subsection. Off-street parking shall be provided in accordance with the provisions of article 4 and article 6 of this ordinance. 10.4Site illumination. Exterior flood lighting or other illumination shall be shielded from the view of all surrounding properties and streets. 10.5Uses prohibited. The following uses are prohibited: 10.51 Residences. 10.52 Manufacturing of any kind, other than that of laboratory prototypes. 10.53 Landfills, dumps, or bulk storage of manufactured or other products. 10.6Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 10.7Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. (Ord. of 10-24-1983; Ord. of 12-14-1992; Ord. of 7-12-1993, § 7; Ord. Of 4-25-1994; Ord. of 10-12-1998; Ord. of 7-10-2000; Ord. of 2-12-2001) Zoning Text Amendments – IO Zone and Supplementary Regulations for Day Care

BE IT FURTHER ORDAINED THAT: That Appendix B - Zoning Ordinance, Article 5 – Section 14. Day Care Facilities be amended by inserting the text indicated in bold, red and deleting the text indicated in red strikeout, as follows: Section 14. Day care facilities. 14.1 General. In order to promote the development of quality child care outside of the home (day care facilities), the following two basic assumptions have been made: 14.11 The establishment of day care services and facilities, wherever there is a need, is a necessary public objective; and 14.12 Day care programs shall be treated as community facilities and shall be permitted to locate in any zoning district, provided that need has been demonstrated, state licensing requirements have been met and no physical hazard to children can be reasonably anticipated. 14.2 Definitions. Day care facility. For the purposes of this ordinance, the facilities described furnishing care, supervision and guidance of a child or group of children unaccompanied by a parent or guardian, for periods of less than 24 hours per day shall be defined as follows: 14.21 Day care center Day Care Center. (a) Any place, other than an occupied residence, which receives children for compensation for day care or group day care home Large Family Day Care Home; and (b) Any occupied residence which receives 12 13 or more children for compensation for day care. Such child care facilities Day Care Centers shall be required to obtain conditional use approval by the planning commission in accordance with the procedures and subject to the general conditions set forth in section 10.1 Article 10 and to any specified requirement set forth in [sub]section 14.3 below., except in zoning districts where listed as a permitted use. 14.22 Family day care home Family Day Care Home. An occupied residence in which a person provides care for children other than his/her own family and the children of close relatives for compensation. Such care in a Family day care home Family Day Care Home is limited to that care given to six or fewer children. Such child care facility shall be permitted as an accessory use in all residential zones and shall be exempt from obtaining a conditional use permit and site plan approval. 14.23 Group day care home Large Family Day Care Home. A facility which provides child care for more than six, but less than 12 13 children. This care may be offered in a Zoning Text Amendments – IO Zone and Supplementary Regulations for Day Care

private home or in a property converted to the purpose of providing child day care. This form of Day Care Facility requires the submission of a site plan application in accordance with the procedures and subject to Article 10 Section 2 of the Zoning Ordinance. If a Large Family Day Care Home is not to be located in an occupied residence, then a conditional use site plan application shall be required in accordance with Article 10 Section 1 of the Zoning Ordinance. 14.3 Zoning criteria. 14.31Number of children. Day care centers shall be limited to a maximum of 50 children in zones R-8 through R-20 and a maximum of 100 children in all other zones all residential zones. 14.32Outdoor play area. Must meet the state requirement for day care centers. 14.33Off-street parking/loading. One space per each adult attendant, plus one space for every ten children. 14.34Signs in all residential zones. Signage shall be limited as follows: (a) Family and group day care homes. Family Day Care Homes and Large Family Day Care Homes One wall-mounted sign limited to two square feet. (b) Day care center Day Care Center. One sign, wall-mounted or freestanding, limited in area to 12 square feet. The planning commission shall consider the location of such sign as part of the conditional use review and may approve a lesser amount of sign area if deemed necessary by the commission to protect the general health, safety and welfare of the public in general and the residents of the immediate neighborhood in particular. Signs in nonresidential zones. Day care centers within non-residential zoning districts shall be governed by the sign regulations in affect for the particular nonresidential zoning district in which the day care center is located. 14.35Licensing requirements. The day care center Day care facilities must meet state standards, and a letter of approval license from the state shall be submitted to the department of planning and inspections prior to the issuance of a Certificate of Occupancy City of Dover Business License. Zoning Text Amendments – IO Zone and Supplementary Regulations for Day Care

BE IT FURTHER ORDAINED THAT: That Appendix B - Zoning Ordinance, Article 6 – Section 3. Required Off-Street Spaces be amended by inserting the text indicated in bold, red and deleting the text indicated in red strikeout, as follows: Section 3. Required off-street parking spaces. 3.1 Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any lot as specified in article 4, zone bulk and parking regulations, and as specified below for each use in any zone. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these regulations. TABLE INSET: For: At Least One Parking Space For Each Two hundred square feet of floor area, but not Places of worship, libraries and other less than one space for each five seats, where public buildings provided Nursery school, or kindergarten or day Adult attendant, plus one for every 20 children care center Elementary or junior high school Eight seats in main auditorium High school, technical school, college or Five seats in main auditorium university Hospitals or sanitariums Three beds Roominghouses Guestroom Dormitories, fraternity and sorority One space for every four sleeping rooms houses Eating and drinking places Five seats Two employees, plus five spaces for each Funeral directors chapel Hotels and motels Guestroom Bowling alleys One-half alley Home occupation or professional office Three spaces for each such use Athletic fields, baseball, football or Three seats boxing stadiums and arenas; race tracks Per employee and four parking spaces for each Golf courses hole Golf or baseball driving range One-half stall Zoning Text Amendments – IO Zone and Supplementary Regulations for Day Care

per employee and for each two airplanes in Airports storage BE IT FURTHER ORDAINED THAT: That Appendix B - Zoning Ordinance, Article 12 – Definitions b amended by inserting the text indicated in bold, red and deleting the text indicated in red strikeout, as follows: Day care facility: For the purposes of this ordinance, the facilities described furnishing care, supervision and guidance of a child or group of children unaccompanied by [a] parent or guardian for periods of less than 24 hours per day shall be defined as follows: (a) Day care center Day Care Center: i. Any place, other than an occupied residence, which receives children for day care or group day care home Large Family Day Care Home; and ii. Any place, including an occupied residence, which receives 12 13 or more children for day care. (b) Family day care home Family Day Care Home: An occupied residence in which a person provides day care for children other than his/her own family and the children of close relatives. Such care in a family day care home Family Day Care Home is limited to that care given to six or fewer children. Such child care facility shall be permitted as an accessory use in all residential zones and shall be exempt from obtaining a conditional use permit and site plan approval. (c) Group day care home Large Family Day Care Home: A facility which provides child care for more than six, but less than 12 13 children. This care may be offered in a private home or in a property converted to the purpose of providing child day care. Zoning Text Amendments – IO Zone and Supplementary Regulations for Day Care

UTILITY COMMITTEE The Utility Committee Meeting was held on April 9, 2007 at 5:00 p.m. with Chairman Carey presiding. Members present were Mr. Ruane, Mr. Slavin, Mr. Cregar, and Mr. Snaman. Members of Council present were Mr. McGlumphy and Mr. Hogan (arrived at 5:11 p.m.). AGENDA ADDITIONS/DELETIONS Mr. Slavin moved for approval of the agenda, seconded by Mr. Snaman and unanimously carried. Evaluation of Bids - System Control and Data Acquisition (SCADA) Maintenance Contract Members were advised that the Public Utilities Department operates two (2) fixed System Control and Data Acquisition (SCADA) systems to monitor and control 14 electric substations, two (2) power generation facilities, 23 water wells, one (1) water treatment plant, and 38 wastewater pumping stations. In addition, the Public Utilities Department operates the communication system for each location which communicates either through fiber optics or a radio system. In previous years, there was a SCADA Technician (City employee) that was assigned to this function; however, when that employee retired, it was decided to disperse the duties of this position to current employees and issue a “support” contract to minimize expenses. It has been determined that this practice should be continued and that expenses be monitored to ensure that there continues to be a cost savings; therefore, proposals were solicited for a SCADA maintenance contract to continue this practice. Request for proposals were distributed to two (2) local, potential vendors as well as advertisement according to City policy. There was only one (1) response to the request received. Staff recommended awarding the contract to Donovans Contractual Services (DCS) at $50 per hour, not to exceed $57,500 in expenses in any fiscal year. The contract duration is for one year, with the City having the ability to extend the contract for an additional two (2) years. Mr. Lunt, Public Utilities Manager, explained that by structuring the contract in this form, the City can monitor the expenses and hire an employee if it is determined that it would be more economically prudent. Mr. Lunt advised members that the services to be provided under this contract include support for the current staff that is responsible for the maintenance and repair of the SCADA components and assistance with the upgrade of obsolete equipment. In addition, the contractor will assist staff with the troubleshooting and repair of the radio/fiber communication system. Responding to Mr. Ruane’s concerns regarding the two (2) engineering positions that are currently vacant, Mr. Lunt explained that these are critical positions; however, the market is such that qualified, experienced engineers are not willing to work for the wages the City offers. It was his opinion that the City may need to employ junior engineers and hire individuals that have just graduated from college. Mr. Lunt stated that the minimum salary requested by these engineers is more than any other City employee, including the City Manager. Based on the market conditions, Mr. Ruane suggested the possibility of combining the salaries for the two (2) vacant positions and the contractual monies to achieve the salary for one (1) engineer. In response to Mr. McGlumphy, Mr. DePrima explained that the former Public Utilities Director felt that a full-time SCADA Technician was needed. It was subsequently decided that a full-time SCADA Technician was not needed. There are current staff members that can be trained, cross-

UTILITY COMMITTEE MEETING OF APRIL 9, 2007 PAGE 2 trained, and backup-trained, to perform some of these duties. Also, having an engineer on board who understands the duties would provide assurance that these duties are being accomplished. Mr. DePrima explained that there is an overlap between conducting technical work and engineering. The feeling is that once the engineers are on board, employees can be cross-trained. Considering that the maximum cost to the City for this contract is $57,500, he stated that the City will be saving money since it would not be possible to hire an employee, including fringe benefits, etc. for less than $100,000. Mr. Slavin moved to recommend approval of staff’s recommendation to award the SCADA Maintenance Contract to Donovans Contractual Services (DCS) at $50 per hour, not to exceed $57,500 in expenses in any fiscal year; and that the contract duration be for one year, with the City having the ability to extend the contract for an additional two years. The motion was seconded by Mr. Snaman and unanimously carried. Brown Water Update Mrs. Duca, Assistant City Engineer, reviewed the Brown Water Financial Update/Water Quality Expense Report, which represents a consolidation of expenses that have occurred during the past six (6) years, since water quality concerns and brown water problems began occurring. She stated that the next flushing is scheduled for the week after July 4, 2007. Mr. Slavin requested that the spreadsheet provided to members be revised to include two (2) additional lines, as follows: 1) a correlation of the total number of complaints and expenses for each of the fiscal years; and 2) the percentage of the complaints that are received during the flushing periods. Responding, Mr. DePrima stated that he had requested this information from staff and had received a report just prior to this meeting. He stated that the report will be forwarded to Council, which will reflect a day-by-day report of the streets where the flushing operation occurred, what was discovered, and the number of complaints received. At the request of Mr. DePrima, Mrs. Duca explained that the Bayard Avenue site includes a tank and well, and that the tank was not functioning properly due to the altitude valve. The valve would help control the release of the water in the tank so that if the pressure is low in the system, the tank would release and refill when they stabilized, which helps control the potential for stagnant water. It was also necessary for achieving the necessary contact time because they are both in the same location. Mrs. Duca explained that staff needs the ability to refill the pipe or the tank from the well for the contact time to work properly. That has been completed. The contact chamber for the well itself is what is out for bid now. Mr. DePrima reminded members that it was decided that rather than replacing the pipe in Bayard Avenue, additional strategies would be developed, such as opening valves, installation of an additional hydrant, and repair of the well-head. Since complaints have not been received from the residents of Bayard Avenue, he questioned if the strategies have solved the problem. Responding, Mrs. Duca stated that although there were complaints received immediately following the tie-in of Bayard Avenue and Division Street, to her knowledge, there have not been any complaints received since then. However, she stated that there have been complaints received from the Greenhill Road area, which is actually a separate issue from the large main.

UTILITY COMMITTEE MEETING OF APRIL 9, 2007 PAGE 3 Mr. Carey felt that the City should determine a means to expedite this program. Responding, Mr. DePrima reminded members that the plan was to accomplish the contact time before streets are torn apart to replace water mains, since it was felt that the contact time could solve a majority of the problems. Staff’s strategy was to focus on the contact time to see what impact that has and then determine which pipe should be replaced. He noted that there are pipes that are over 100 years old that can be scheduled to be replaced. Mr. DePrima assured members that staff is aware of the sentiments of Council, as relayed during the Council Retreat, that the issue of replacing pipes should be accomplished concurrently with the contact time. As a result, the Public Services Director is working on this being accomplished in conjunction with the street program. Responding to Mr. Ruane regarding the upcoming budget, Mrs. Duca stated that she has submitted staffing requests and a CIP for planned implementation for the replacement of the pipes, which has been presented to the City Manager for preliminary review. Mr. Ruane expressed his hope that the City Manager will complete this review in time for this project to be included in the City’s Annual Budget and will include a revenue source to address these expenses. Mr. Ruane commended Mrs. Duca and her staff for the sacrifices made due to the erratic schedule to conduct the flushing operations. Mr. McGlumphy requested that the next update include details regarding the expenditures, such as details for the expense amount of $180,790.94 for water quality improvements (recommendation implementation). Mr. Snaman moved for adjournment, seconded by Mr. Cregar and unanimously carried. Meeting Adjourned at 5:47 P.M. Respectfully submitted, Carleton E. Carey, Sr. Chairman CEC/tm/jg \\Dover_1\cityclerk\ClerksOffice\Agendas&Minutes\Committee-Minutes\2007\04-09-2007 UTILITY.wpd

LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on April 9, 2007, at 6:00 p.m. with Chairman Salters presiding. Members present were Mr. Hogan, Mr. Slavin, and Mr. Shevock. Mrs. Jones was absent. Members of Council present were Mr. Carey and Mr. Ruane. AGENDA ADDITIONS/DELETIONS Mr. Slavin moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried. Luther Village Subdivision Waiver - Street Frontage Members considered a request for a public street frontage waiver for Luther Village, Phase 2. The requirements for a parcel to have frontage on a public street is in accordance with Article VI, Section E5 of the Land Subdivision Regulations and the provisions for waivers are in accordance with Article VII, Section A, Subsection 1. The Planning Commission recommended granting the waiver from the required street frontage for Luther Village, Phase 2. Mrs. Townshend, Planning and Inspections Director, advised members that similar waiver requests were granted for the Luther Village PND: Phase 1 Site Plan and Minor Subdivision application to allow for the Phase 1 Building to exist on a smaller parcel area in order to meet grant funding requirements. Mr. DePrima, City Manager, explained that Federal funding requires separate lots for each building and that internal roads have been created within the subdivision. Mr. Slavin moved to recommend approval of the waiver from the required street frontage for Luther Village, Phase 2, as recommended by the Planning Commission. The motion was seconded by Mr. Shevock and unanimously carried. Evaluation of Bids - HVAC System for Public Utilities Department Bids were solicited for the replacement of the HVAC system for the Public Utilities Department. Members were advised that the current system is in dilapidated condition and is non-functional and that it is the original system that was installed when the building was erected in 1985. Staff recommended awarding the bid to the successful bidder, All-Phase Heating and Cooling, LLC, in the amount of $53,116. Mr. Hogan moved to recommend approval of staff’s recommendation, seconded by Mr. Slavin and unanimously carried. Mr. Shevock moved for adjournment, seconded by Mr. Slavin and unanimously carried. Meeting Adjourned at 6:07 P.M. Respectfully submitted, Reuben Salters Chairman RS/tm/jg \\Dover_1\cityclerk\ClerksOffice\Agendas&Minutes\Committee-Minutes\2007\04-09-2007 LF&A.wpd

SPECIAL JOINT CITY COUNCIL, LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE, PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE, SAFETY ADVISORY AND TRANSPORTATION COMMITTEE, AND UTILITY COMMITTEE MEETING Members of City Council, the Legislative, Finance, and Administration Committee, the Parks, Recreation, and Community Enhancement Committee, the Safety Advisory and Transportation Committee, and the Utility Committee met on April 12, 2007 at 5:30 p.m., with Vice President Salters (also Chairman of the Legislative, Finance, and Administration Committee) presiding in the absence of Council President Williams. Council members present were Mr. Carey (also Chairman of the Utility Committee and a member of the Safety Advisory and T ransportation Committee), Mrs. Russell and Mr. McGlumphy (also members of the Parks, Recreation, and Community Enhancement Committee), Mr. Slavin (also a member of the Legislative, Finance, and Administration and Utility Committees), Mr. McGiffin (also a member of the Safety Advisory and Transportation Committee), Mr. Hogan (Chairman of the Safety Advisory and Transportation Committee and member of the Legislative, Finance, and Administration Committee) , and Mr. Ruane (Chairman of the Parks, Recreation, and Community Enhancement Committee and member of the Utility Committee) . Civilian committee members present were Mr. Cregar, Mr. Lakeman (departed at 6:15 p.m.), Mr. Shevock, and Mr. Snaman. Council staff members present were Mr. DePrima and Mrs. McDowell. The invocation was given by Vice President Salters. AGENDA ADDITIONS/DELETIONS Mrs. Russell moved for approval of the agenda, seconded by Mr. Carey and unanimously carried. DELAWARE CIVIC CENTER MULTI-PURPOSE ARENA PRESENTATION BY CAROLYN COURTNEY, DELAWARE CIVIC CENTER ADMINISTRATOR Ms. Carolyn Courtney, Delaware Civic Center Administrator, and Mr. D. Wayne Holden, Vice President of the Delaware Civic Center Corporation, presented a promotional video of the proposed Delaware Civic Center Multi-Purpose Arena. They noted that the arena would be approximately 200,000 gross square feet with concert seating for 9,100, and ice hockey seating for 7,400. Suites, premium seating, and general seating would also be available. Potential uses include ECHL East Coast Hockey League, ice shows, concerts, entertainers, trade shows, fire conventions, technology events, and boat, marine, and auto expo's, Delaware State University Basketball (Men’s and Women’s), athletic tournaments, conference events, wrestling, convocations and graduations for Delaware schools (grades K-12 and Delaware Colleges). The building is expected to have no less 145 events annually. Mr. Holden advised members that the project cost is approximately $60M. He noted that the State Legislature has passed a Resolution authorizing Kent County to issue $20M in bonds. Mr. Holden also noted that Kent County has contributed $5M, the State will contribute between $7 and $9M next year, and Delaware State University is contemplating a small equity contribution to the project. He advised members that they are exploring additional options for gap closure – such as Local and County level governmental cash funding, private investors, grants, and options as determined by Corporation members and consultants.

SPECIAL JOINT CITY COUNCIL, LEGISLATIVE, FINANCE, AND ADMINISTRATION, PARKS, RECREATION, AND COMMUNITY ENHANCEMENT, SAFETY ADVISORY AND TRANSPORTATION, AND UTILITY COMMITTEES MEETING OF APRIL 12, 2007 PAGE 2 Mr. DePrima, City Manager and member of the Delaware Civic Center Corporation, explained that the City of Dover could contribute by creating a special taxing district to benefit that district, similar to the Business Improvement District (BID) tax area downtown. He noted that a 10% tax could produce $3.53M annually and a 15% tax would produce approximately $5M annually. The Corporation could then borrow economic development funds. Mr. DePrima noted that this idea is only being considered and has not been discussed with the business owners along Route 13. Members reviewed a cash flow worksheet for the project (Exhibit #1). He advised members that the project would be considered by the State Bond Bill Committee on May 2, 2007 and the Delaware Civic Center Corporation would like to have the City’s support for the project. Mr. Carey moved to request the City Clerk to prepare a Resolution for the Delaware Civic Center, similar to the one adopted by Kent County, for consideration by City Council at their next meeting. The motion was seconded by Mr. Hogan. Responding to Mr. Slavin, Mr. Carey stated that the Kent County Resolution does not address funding; only support for the project. Mr. Slavin moved to amend the motion to refer the proposed Resolution to the Legislative, Finance, and Administration Committee for consideration at their next meeting, seconded by Mr. Ruane and carried with Mr. Hogan voting no. The motion to request the City Clerk to prepare a Resolution for the Delaware Civic Center, similar to the one adopted by Kent County, for consideration by the Legislative, Finance, and Administration Committee at their next meeting was unanimously carried. Mr. Slavin moved for adjournment, seconded by Mr. Carey and unanimously carried. Meeting Adjourned at 6:34 P.M. Respectfully submitted, Reuben Salters Council Vice President RS/tm S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2007\04-12-2007 Joint Council-Committees.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Cash Flow Worksheet

CITY OF DOVER FINANCE DEPARTMENT MONTHLY BUDGET REPORT MARCH 2007 PREPARED BY: FINANCE DEPARTMENT PLEASE NOTE – THIS REPORT PROVIDES TOP LINE INFORMATION ON THE THREE MAJOR OPERATING FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION, PLEASE FEEL FREE TO CONTACT THE FINANCE DEPARTMENT.

2 of 6 City of Dover Finance Department Monthly Budget Report March 2007 Strategic Objectives for Fiscal Year 2006 – 2007 1. Coordinate the preparation of the Comprehensive Annual Financial Report (CAFR) within the budget timetable. 2. Conduct a comprehensive review of the Finance Department’s procedure manual. 3. Conduct an internal control risk assessment. ACTIVITY LEVELS FY06 – YTD FY07 – YTD Bank Trends Total Amount of All Deposits (A) $ 75,160,213 $ 97,960,812 Number of Bank Accounts 28 28 Payroll: Number of Pay Periods 20 20 Number of Payroll Checks 7,768 8,496 Number of Pension Checks 1,950 1,979 Total Gross Payroll $ 13,401,058 $ 14,206,071 Total Pension Payments $ 2,878,092 $ 2,968,694 Total Overtime $ 507,607 $ 527,627 Accounts Payable: Number of Vouchers 6,377 5,920 Dollar Amount Disbursed (B) $ 16,439,778 $ 19,232,714 Wire Transfers (B) $ 46,920,289 $ 71,021,920 (A) The FY07-YTD deposits have been corrected to include credit cards and ACH credits. (B) Wire transfers and disbursements increase reflective of higher electric power supply costs and vendors requiring wires.

3 of 6 City of Dover Finance Department Monthly Report – March 2007 General Fund Summary Revised 75% of Budget Budget YTD Balance Budget Receipts Beginning Balance $ 4,232,792 $ 5,437,696 $ 5,437,696 $ - 100.0% Court of Chancery Fees 710,000 750,000 523,980 226,020 69.9% Fines & Police Revenues 1,174,000 1,174,000 770,147 403,853 65.6% Franchise Fees 410,000 422,000 324,849 97,151 77.0% Grants 524,435 649,435 230,057 419,378 35.4% Intrafund Services 5,045,735 5,098,821 3,568,124 1,530,697 70.0% Library & Recreation Revenues 495,000 495,000 360,669 134,331 72.9% Licenses & Permits 2,310,000 2,310,000 2,303,742 6,258 99.7% Property Taxes 9,148,680 9,254,909 8,963,571 291,338 96.9% Sanitation Revenues 1,282,540 1,306,540 1,013,366 293,174 77.6% Transfer Taxes 2,900,000 2,900,000 2,187,811 712,189 75.4% Transfers-In from Grants/Reserves & Utilities Civil Traffic Penalties Fund 950,000 950,000 357,988 592,012 37.7% Electric Fund 5,700,000 4,700,000 2,000,000 2,700,000 42.6% Municipal Street Aid Fund 660,000 656,504 492,847 163,657 75.1% Parkland Reserve 964,800 964,800 139,905 824,895 14.5% Water/Wastewater Fund 535,000 535,000 267,500 267,500 50.0% Capital Asset Reserve - 324,824 324,824 - 100.0% Other Miscellaneous Revenues 421,267 581,267 453,890 127,377 78.1% Total $ 37,464,249 $ 38,510,796 $ 29,720,966 $ 8,789,830 77.2% Expenditures City Clerk & Council $ 427,580 $ 385,548 $ 246,846 $ 138,702 64.0% Mayor, City Manager & Human Resources 1,156,375 1,188,848 765,707 423,141 64.4% Police & Police Extra Duty 12,064,643 12,019,793 8,595,658 3,424,135 71.5% Public Works 5,610,189 5,376,699 3,785,285 1,591,414 70.4% Central Services 2,839,137 2,811,470 2,110,489 700,981 75.1% Planning & Inspections 1,529,567 1,682,206 1,113,437 568,769 66.2% Finance, Info Tech & Customer Services 2,693,845 2,742,595 1,933,316 809,279 70.5% Library & Recreation 2,815,806 2,892,038 1,366,832 1,525,206 47.3% Fire 1,299,787 1,149,787 767,085 382,702 66.7% Assessor 273,777 264,777 161,128 103,649 60.9% Debt Service 441,232 441,232 441,232 - 100.0% Insurance 465,980 465,980 345,614 120,366 74.2% Retirees' Health Care 763,982 763,982 554,148 209,834 72.5% Street Lights 746,200 662,200 396,346 265,854 59.9% DSWA Recycling Program 24,000 24,000 9,622 14,378 40.1% Provision for Uncollectibles 10,000 10,000 - 10,000 0.0% I/T Emergency Preparedness Plan - 100,000 70,145 29,855 70.1% Transfers Out OPEB Fund 250,000 250,000 250,000 - 100.0% Pension Fund 402,204 402,204 402,204 - 100.0% Contingency Reserve 8,007 - - - - Parkland Reserve-Dover Downs Kent County 350,000 350,000 509,504 (159,504) 145.6% Library Escrow 583,500 1,620,970 1,621,147 (177) 100.0% Budget Bal-Working Capital 2,708,438 2,906,467 - 2,906,467 0.0% Total $ 37,464,249 $ 38,510,796 $ 25,445,745 $ 13,065,051 66.1% Reserve Balances-Unaudited Contingency $ 665,125 $ 653,589 $ 640,385 Capital Asset Replacement $ 340,908 $ - $ - Parkland/Recreation $ 2,002,232 $ 2,002,232 $ 2,547,407 Library Reserve $ 683,500 $ 1,720,970 $ 1,754,476

4 of 6 City of Dover Finance Department Monthly Report – March 2007 Water/Wastewater Fund Summary Revised 75% of Budget Budget YTD Balance Budget Revenue Beginning Bal-Water $ 2,065,305 $ 2,041,746 $ 2,041,746 $ - 100.0% Beginning Bal-Wastewater 968,218 808,997 808,997 - 100.0% Beginning Bal-Kent Co Sewer Adj. (1,642,113) (1,349,486) (1,349,486) - 100.0% Water Fees 4,222,500 4,222,500 3,180,763 1,041,737 75.3% Water Tank Leases 303,000 303,000 179,405 123,595 59.2% Wastewater Fees 2,618,250 2,618,250 1,966,321 651,929 75.1% Impact Fees 750,000 750,000 379,758 370,242 50.6% Kent County Treatment Fees 3,761,010 3,761,010 2,901,645 859,365 77.2% Miscellaneous 176,750 176,750 141,702 35,048 80.2% Total $ 13,222,920 $ 13,332,767 $ 10,250,851 $ 3,081,916 76.9% Expenses Water $ 962,106 $ 956,303 $ 595,013 $ 361,290 62.2% Water Treatment Plant 796,627 796,627 591,345 205,282 74.2% Wastewater 835,162 829,359 541,401 287,958 65.3% Water Meter Reading 67,077 67,077 46,491 20,586 69.3% Construction & Inspection 569,216 572,216 375,421 196,795 65.6% Kent County Treatment Fees 3,853,000 3,853,000 2,749,874 1,103,126 71.4% Retiree’s Health Care 151,220 151,220 95,493 55,727 63.1% Debt Service 1,583,076 567,258 593,722 (26,464) 104.7% Intrafund Services 1,176,357 1,182,000 808,693 373,307 68.4% Transfers Out General Fund 535,000 535,000 267,500 267,500 50.0% Capital Asset Reserve 300,000 895,557 300,000 595,557 33.5% Water/Wastewater I & E Fund 666,973 666,973 666,973 - 100.0% Impact Fee Reserve 89,756 89,756 - 89,756 0.0% Pension COLA 39,850 39,850 39,850 - 100.0% Pension Unfunded Liability 50,225 50,225 50,225 - 100.0% OPEB Fund 50,000 50,000 50,000 - 100.0% Working Capital - Ending Budget Balance - Water 1,976,441 1,964,208 - 1,964,208 0.0% Working Capital - Ending Budget Balance - WW 1,254,937 1,517,459 - 1,517,459 0.0% Working Capital - Ending Budget Balance - KSA (1,734,103) (1,451,321) - (1,451,321) 0.0% Total $ 13,222,920 $ 13,332,767 $ 7,772,001 $ 5,560,766 58.3% Reserve Balances - Unaudited Contingency-Water $ 118,945 $ 119,137 $ 107,550 Contingency-Wastewater $ 124,090 $ 124,290 $ 120,206 Impact Fee Reserve NO BUDGET NO BUDGET $ 2,188,154 Bond Coverage Ratio (Covenant 1.20) 1.69 4.69 4.50 * * High ratio attributed to timing of expenses and transfers.

5 of 6 City of Dover Finance Department Monthly Report – March 2007 Electric Revenue Fund Summary Revised 75% of Budget Budget YTD Balance Budget Revenue Beginning Balance $ 4,974,107 $ 5,455,085 $ 5,455,085 $ - 100.0% Sales to Customers 81,578,240 83,936,440 61,822,712 22,113,728 73.7% Utility Tax 1,937,446 1,426,800 1,103,131 323,669 77.3% Weyandt Hall Rents 145,505 145,505 117,146 28,359 80.5% Miscellaneous Revenues 1,004,900 2,139,250 1,380,821 758,429 64.5% Duke Contract Revenue - 800,000 - 800,000 0.0% Transfer from Rate Stabilization Reserve 5,000,000 5,758,000 4,318,500 1,439,500 75.0% Total $ 94,640,198 $ 99,661,080 $ 74,197,395 $ 25,463,685 74.4% Expenses Power Supply & Generation Power Supply $ 65,154,000 $ 63,753,400 $ 44,355,115 $ 19,398,285 69.6% Power Supply Management/Incentive 2,175,000 3,056,200 2,292,150 764,050 75.0% PJM Charges - Load - - 2,787,697 (2,787,697) - Total Power Supply 67,329,000 66,809,600 49,434,962 17,374,638 74.0% Plant Operations 6,126,384 5,483,923 3,802,260 1,681,663 69.3% Generation Fuels - - 3,346,268 (3,346,268) - PJM Credits (6,126,384) (1,520,923) (2,991,531) 1,470,608 196.7% Total Generation - 3,963,000 4,156,997 (193,997) 104.9% Total Power Supply & Plant 67,329,000 70,772,600 53,591,959 17,180,641 75.7% Electric Operating Divisions 6,169,365 6,026,320 4,381,380 1,644,940 72.7% Utility Tax 1,937,446 1,426,800 1,103,131 323,669 77.3% Transition Costs - 92,000 87,001 4,999 0.0% Interest on Deposits 25,000 25,000 29,159 (4,159) 116.6% Retirees Health Care 526,400 526,400 375,911 150,489 71.4% Accounts Receivable Write-Offs 125,000 - - - 0.0% Green Energy Payment to DEMEC - 134,350 102,510 31,840 0.0% Debt Service 2,149,048 2,149,048 2,041,307 107,741 95.0% Intrafund Services 3,869,378 3,916,821 2,759,431 1,157,390 70.5% Transfers Out General Fund 5,700,000 4,700,000 2,000,000 2,700,000 42.6% Pension COLA 101,692 101,692 101,692 - 100.0% Pension Unfunded Liability 89,271 89,271 89,271 - 100.0% Rate Stabilization Reserve 500,000 - - - 0.0% Post-Retirement Benefit Fund 100,000 100,000 100,000 - 100.0% Budget Bal. - Work. Capital 6,018,598 9,600,778 - 9,600,778 0.0% Total $ 94,640,198 $ 99,661,080 $ 66,762,752 $ 32,898,328 67.0% Reserve Balances - Unaudited Contingency Reserve $ 866,602 $ 861,631 $ 840,641 Insurance Reserve $ 234,286 $ 232,908 $ 232,566 Rate Stabilization Reserve $ 885,607 $ 376,981 $ 376,918 Bond Coverage Ratio (Covenant 1.25) 1.52 2.46 2.10 Purchased/Generated MWh 784,862 784,862 599,340 All In MWh Supply & Generation $ 85.785 $ 90.172 $ 89.418

6 of 6 City of Dover Finance Department Monthly Report – March 2007 Water/Wastewater Improvement & Extension Fund Summary Revised 75% of Budget Budget YTD Balance Budget Revenue Beginning Balance-Water $ 44,148 $ 142,798 $142,798 $ - 100.0% Beginning Balance-Wastewater 258,767 375,289 375,289 - 100.0% Beginning Balance-Bond Proceeds-Wastewater - 240,083 240,083 - 100.0% Interest Earned 20,000 20,000 16,774 3,226 83.9% Transfer from Water WW for Water 551,701 551,701 551,701 - 100.0% Transfer from Water WW for WasteWater 115,272 115,272 115,272 - 100.0% Transfer from Impact Fee Reserve 850,000 1,024,998 300,000 724,998 29.3% Total $ 1,839,888 $ 2,470,141 $ 1,741,917 $ 728,224 70.5% Expenses Water $ 562,025 $ 639,672 $ 353,630 $ 286,042 55.3% Wastewater 1,221,215 1,762,818 850,948 911,870 48.3% Water Treatment Plant 31,000 31,000 30,061 939 97.0% Water Meter Reading 5,648 5,648 - 5,648 0.0% Budget Bal. Water - Working Capital 10,000 31,003 - 31,003 0.0% Budget Bal. Wastewater - Working Capital 10,000 - - - 0.0% Total $ 1,839,888 $ 2,470,141 $ 1,234,639 $ 1,235,502 50.0% Reserve Balances - Unaudited Capital Asset Replacement - Water $ 508,084 $ 507,694 $ 507,815 Capital Asset Replacement - Wastewater $ 508,084 $ 507,694 $ 507,816 City of Dover Finance Department Monthly Report – March 2007 Electric Improvement & Extension Fund Summary Revised 75% of Budget Budget YTD Balance Budget Revenue Beginning Balance $ 2,471,378 $ 2,709,730 $ 2,709,730 $ - 100.0% Interest Earnings 214,000 214,000 139,831 74,169 65.3% Transfer from Depreciation Fund 3,374,792 2,070,238 2,070,238 - 100.0% General Service Billing 645,749 645,749 - 645,749 0.0% DEMA Grant - 39,500 39,500 - 100.0% Total $ 6,705,919 $ 5,679,217 $ 4,959,299 $ 719,918 87.3% Expenses Transmission/Distribution $ 1,656,654 $ 1,970,654 $ 1,532,468 $ 438,186 77.8% Electrical Engineering 4,972,724 3,388,360 1,280,731 2,107,629 37.8% Administration 16,300 73,500 - 73,500 0.0% Meter Reading 60,241 32,000 - 32,000 0.0% Budget Bal. - Work. Capital - 214,703 - 214,703 0.0% Total $ 6,705,919 $ 5,679,217 $ 2,813,199 $ 2,866,018 49.5% Reserve Balances - Unaudited Depreciation Reserve $ 13,053,078 $ 12,985,426 $ 14,083,188 Future Capacity Reserve $ 8,950,350 $ 8,913,314 $ 8,891,196

Dover Police Department Monthly Report To Mayor & City Council “To Protect and Serve” March 2007

April 17, 2007 The Honorable Stephen R. Speed, Mayor Members of Dover City Council City Hall Dover, DE 19901 Mayor Speed and Council Members: The following is the report on Police Department activities for the month of March 2007: COMPLAINTS 10,000 7,364 7,135 Total complaints received through March 31st, 8,000 6,938 6,850 6,942 numbered 6,942. This is a decrease of 193 complaints over the same time period for last year. 6,000 4,000 2,000 0 2003 2004 2005 2006 2007 36 28 28 CRIMINAL INVESTIGATIONS 30 Cases Reported in 24 March 18 Cases Cleared in March 12 Cases Cleared from 7 4 6 6 Previous Months 2 0 0 0 0 Burglary Robbery Rape

Report to Mayor and Council March 2007 Page 2 QUALITY OF LIFE TASK FORCE ENFORCEMENT ACTION ARRESTS ABANDONED VEHICLES 3 ALCOHOL VIOLATIONS 1 ASSIST OTHER 38 WARRANTS ON FILE 17 BIKE ON SIDEWALK 0 CITY PARK VIOLATIONS 1 CRIMINAL ARRESTS 59 DRUG RELATED ARRESTS 14 LOUD MUSIC 1 MISCELLANEOUS VIOLATIONS 4 PARKING VIOLATIONS 11 COLLECTION OF DELINQUENT DCO'S 14 PEDDLER 0 PROSTITUTION 0 WANTED CHECKS /CPC's 12 WARNINGS/TRAFFIC ARREST 14 FUGITIVE 7 6,000 5,216 4,663 4,696 ARRESTS TOTAL 196 4,296 4,095 4,000 2,000 TRAFFIC ARRESTS 0 2003 2004 2005 2006 2007 The department issued 4,095 traffic citations through this reporting period. This is a decrease of 601 citations over the number issued during the same period last year. 800 573 600 532 511 492 TRAFFIC ACCIDENTS 475 400 Through March 31st, Dover Police investigated 492 traffic accidents. This is a decrease of 19 accidents investigated during 200 the same period last year. 0 2003 2004 2005 2006 2007 20% 911 Calls 911 CENTER Administrative During the month of March, our 911 Center handled a total Calls of 10,968 calls averaging 354 calls per day. Dispatchers 80% handled 2,193 calls on the 911 lines, an average of 71 calls per day.

Report to Mayor and Council March 2007 Page 3 EMERGENCY PREPAREDNESS & BASIC LIFE SUPPORT DIVISION: Prime Care Medical Transport, Inc. responded to 4% 459 emergency calls in March, resulting in 373 patient transports. The average response time from 20% Transports dispatch by 911 to arrival on scene was 7 minutes and 51 seconds. Additional units responded to 96 of Additional Units the 459 calls. No Transport 76% 3,000 2,668 CITY ORDINANCE SUMMONS 2,260 2,302 2,371 2,162 2,400 2,010 Through March 31st, we issued 2,371 city ordinance 1,708 1,708 1,771 1,800 summons a decrease of 297 summons over March of last 1,336 year. *Note: of those summonses issued in March, 28 1,200 were issued for handicapped parking violations, 24 for fire lane parking violations, 51 for false alarms (38 for 3- 600 5 alarms,13 for 6-9 alarms, 0 for 10-15 alarms, and 0 for 16 or more alarms) and 8 for noise violations (4 for 0 vehicle violations and 4 for residence violations). 2003 2004 2005 2006 2007 ISSUED PAID Listed below are the major crimes and activities that occurred during the month of March: • During the month of March, the Department held its Annual In-Service Training. Officers received training in policy review, suicide bombers, CPR, Gang awareness, weaponless defense, active shooter response, and firearms re- qualification. • On March 5, 2007, Detectives arrested a 24 yr old subject for 25 counts of Rape 4th. Investigation revealed that the subject had forced his 14 year old stepdaughter to engage in intercourse with him between June 2006 and November 2006. • On March 6, 2007, members of the Drugs, Vice, & Organized Crime Section conducted a prostitution sting in the downtown area of Dover. As a result of this operation three females were arrested for prostitution. • On March 8, 2007, members of the Drugs, Vice, & Organized Crime Section executed a drug search warrant on S. Governors Avenue. As a result of the search warrant officers seized 7.7 grams of cocaine, and 21.9 grams of marijuana. Two subjects were charged with various drug offenses. • On March 10, 2007, officers responded to South New Street, regarding a disturbed male. Upon arrival officers found a naked subject running in the street away from them. The subject was detained and medical personnel were requested. The subject was transported by ambulance to Kent General Hospital and died upon arrival. Investigation revealed that the subject had consumed PCP and died as a result of an adverse drug reaction. • On March 10, 2007, Detectives investigated a Rape complaint against a physician’s assistant at Kent General Hospital. Investigation revealed that while a 23 year old female was being examined for injuries she sustained in an automobile accident she was inappropriately touched by the physician’s assistant. The subject was arrested on March 22nd and charged with Rape 4th.

Report to Mayor and Council March 2007 Page 4 Major crimes and activities that occurred during the month of March continued: • On March 13, 2007, officers responded to Loockerman Street for a report of a subject with a rifle. Upon arrival officers contacted a 16 yr old male who was in possession of a toy AK 47 assault rifle and several throwing knives. The subject was arrested for carrying a concealed dangerous instrument. • On March 15, 2007, Detectives arrested a subject for two counts of Robbery 1st. Investigation revealed that the subject approached a person in a vehicle waiting for a traffic light on New Street, displayed a handgun and demanded money. The subject then fled and confronted a female walking on the street and demanded money from her. The subject was arrested without incident a short time later by responding officers. • On March 20, 2007, members of the Drugs, Vice, & Organized Crime Section executed a drug search warrant at Liberty Court Apartments. As a result of this search warrant officers seized 11.4 grams of cocaine and 15.5 grams of marijuana. Two subjects were arrested and charged with various drug offenses. • On March 22, 2007, members of the Drugs, Vice, & Organized Crime Section executed a drug search warrant on New Castle Ave. As a result of this search warrant officers seized 9.9 grams of marijuana, an Ecstasy pill and 40 Xanax pills. Two subjects were arrested and charged with various drug offenses. • On March 28, 2007, Francis Cooper was extradited back from Maryland to be charged with the December 8, 2006 murder of Alfred Clark. Cooper stabbed Clark multiple times during an argument on South Queen Street and later placed Clark’s body inside a trash can. • During the month of March, members of the Community Policing Section obtained arrest warrants for six sex offenders who failed to re-register address changes with the State Bureau of Identification. Four of the six subjects have been arrested. Respectfully Submitted, Jeffrey Horvath Chief of Police

Monthly Report March 2007 Office of City Assessor

City of Dover Assessor's Monthly Report Fiscal Year 2007 Property Tax Assessments and Collections Assessed Value Senior State Assessment Taxable Taxes Billing Adjusted Total Tax Taxes Month Before Exemptions Exemptions Exemptions Adjustments Value Levied Adjustments Billing Collections Outstanding July $ 3,145,743,800 $ (19,147,500) $ (598,387,800) $ 1,686,000 $ 2,529,894,500 $ 8,340,118 $ (45,990) $ 8,294,128 $ 6,071,304 $ 2,430,111 August 3,147,429,800 (19,197,500) (598,387,800) (55,800) $ 2,529,788,700 - (540) $ 8,293,588 1,631,316 798,256 September 3,147,374,000 (19,297,500) (598,387,800) 5,145,800 2,534,834,500 - 12,725 $ 8,306,313 205,407 605,573 October 3,152,519,800 (19,297,500) (598,387,800) 45,700 2,534,880,200 6,458 (1,704) $ 8,311,067 93,426 516,901 November 3,152,565,500 (19,347,500) (599,135,900) (1,382,700) 2,532,699,400 - (91) $ 8,310,976 96,028 420,781 December 3,151,182,800 (19,297,500) (599,135,900) 47,542,700 2,580,292,100 - (5,215) $ 8,305,761 34,669 380,898 **January 3,198,725,500 (19,297,500) (599,135,900) (2,331,000) 2,577,961,100 81,580 (3,858) $ 8,383,483 75,570 383,050 February 3,196,394,500 (19,297,500) (599,135,900) - 2,577,961,100 - (286) $ 8,383,197 74,666 308,097 March 3,196,394,500 (19,297,500) (599,135,900) 7,267,900 2,585,229,000 - (27,384) $ 8,355,813 59,282 221,430 April May June Tax Adjustments $ 50,807 Year to Date (excludes BID tax) $ 57,918,600 8,406,620 $ 8,341,668 ** Carey Farm was taken off Assessment & added to Farm Land Other Tax Related Cash Receipts Current Month YTD Penalties (recorded when received; not billed) $ 21,514 $ 76,445 Pay In Lieu Of Luther Towers $ - 13,165 Dover Housing $ - $ 7,500 State of Delaware $ - $ 353,614 $ 374,279 Farmland Rollback Bay Road $ - $ 106,229 Total Property Tax Receipts $ 8,963,573 Transfer Taxes $ 127,634 $ 2,315,445 Property Tax Report for Tax Assessor-February, 2007 Page 1 RRC 4/18/2007 1:44 PM

CITY MANAGER’S REPORT March 2007 “ROAD TO RESULTS”

MONTHLY HIGHLIGHTS Customer Services Two Account Clerk I positions have been filled and began work in mid-March. Customer Service Supervisor position posted. Budget, Program Development Met with University of Delaware staff to review progress on revenue forecasting model and selected key revenues to forecast. Met with departments to review draft budgets and CIP projects. Participated in IUE contract negotiation meetings. Participated in demonstrations of E-government solution and citizen request management systems. Began work on fiscal 2008 draft budget. Human Resources The Quarterly City Review returned and was distributed to all employees. Raised $1,300.00 for 2007 American Cancer Society Daffodil Days. 19th Annual Employee Appreciation Day was held on March 16, 2007. Held 2nd negotiation meeting with IUE Bargaining Unit. Information Technology Continuing to work with third party vendor on reliability of fiber optic network. Upgraded iSeries operating system as IBM was retiring support for the prior one. Resolved two key VOIP phone issues. Caller-ID is now functioning and calls are no longer being dropped by the system in Customer Service. Parks, Recreation, Library The library recorded 522 attendees participating in 18 different children’s programs. The Delaware Lacrosse Foundation hosted 17 high school lacrosse teams from around the state for the Annual Ice Breaker Tournament in Schutte Park on March 10, 2007. Dover Park hosted more than 500 children, ages 10 & under, for this year’s Annual Egg Hunt on March 31, 2007. Public Services Staff continued with the implementation of the new organizational structure as well as the management audit. Public Utilities Water Distribution System flushing operations began March 11, 2007. 1

CENTRAL SERVICES Fleet Operations & Maintenance Costs Item s on Hand With No Usage Over 36 Months 100,000 200 $ 1,000,000 90,000 80,000 $ 800,000 Total Dollars 70,000 150 60,000 $ 600,000 50,000 40,000 100 $ 400,000 30,000 20,000 10,000 50 $ 200,000 M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec Jan Feb M ar M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec Jan Feb M ar 06 06 06 06 06 06 06 06 06 06 07 07 07 06 06 06 06 06 06 06 06 06 06 07 07 07 To tal Do llars To tal Wo rk Orders Electric Water General Work Orders: 110 Electric: $660,905.24 Fleet Maintenance: $19,983.83 (excludes Melvin’s Sunoco) Water: $ 28,501.32 Fuel: $36,360.70 General: $ 28,658.72 Stock Purchases by Fund Warehouse Stock $ 3,200,000.00 $ 950,000 2,600 $ 850,000 $ 3,000,000.00 $ 750,000 $ 2,800,000.00 2,450 $ 650,000 $ 550,000 $ 2,600,000.00 2,300 $ 450,000 $ 350,000 $ 2,400,000.00 $ 250,000 2,150 $ 2,200,000.00 $ 150,000 $ 50,000 $ 2,000,000.00 2,000 M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec Jan Feb M ar M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec Jan Feb M ar 06 06 06 06 06 06 06 06 06 06 07 07 07 06 06 06 06 06 06 06 06 06 06 07 07 07 Electric Water General To tal Do llar Value To tal Line Items Electric: $216,858.61 Water: $6,250.45 General: $8,018.06 Total Dollar Value: $3,123,186.59 Total Line Items: 2,124 SOP / CIP Updates (percentages below represent percent completed) Renovation of Pear Street Warehouse – Project #SP001. Ongoing – three-year project. (45%) Fuel Management System – Bid opening held May 15, 2006. Bid awarded to Trak Engineering July 25, 2006. Parts received for system; vendor installed system and provided training. Fuel Management System in operation. (100%) Examine possible alternatives to using an outside mail sorting service. Nothing to report this month. Obtain space and training from the I/T Department to post bid tabulations on the City Web site by December 2006 – Per P. Gregg – Suggestion submitted to I/T Department last year. (0%) Meet with Fleet Maintenance customers to examine ways to better schedule preventative maintenance so that more preventative maintenance can be completed on time. Nothing to report this month. Space Needs Study Implementation – Project #FM0701 (48% overall program); I/T and Customer Service Representatives areas complete, 100%. Preparing to move the Finance Department to new location, 10%. 2

CUSTOMER SERVICES Work Orders Processed Extensions of Credit 1,983 1,940 2,000 800 617 1,713 1,714 1,727 1,699 586 571 571 1,750 1,662 600 504 545 547 1,573 1,510 1,507 421 407 404 412 1,455 375 369 1,500 1,408 400 1,324 1,250 200 1,000 0 Mar- Apr - May- Jun- Jul- Aug- Sep- Oct - Nov- Dec- Jan- Feb- Mar- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct - Nov- Dec- Jan- Feb- Mar- 06 06 06 06 06 06 06 06 06 06 07 07 07 06 06 06 06 06 06 06 06 06 06 07 07 07 CUSTOMER PAYMENT USAGE CUSTOMER PAYMENT USAGE Fiscal Year 2007 Fiscal Year 2006 B ank Drafts, Drive-Thru Bank Drafts, Drive-Thru 14,082, 7% Windo w, 24,301, 13,168 , 7% Window, 10% 25,590 , 13% Credit Cards, Credit Cards, 18,306, 9% 14,835 , 8% Over the M ail, Dro p B o x, Co unter, Mail, Drop Box, Over the 105,277, 51% 52,750, 23% 94,443 , 46% Counter, 52,397 , 26% *Write-Offs/Electric Bills will be given in the April 2007 report. Report of Operations FY 2007 FY 2006 Mar 2007 Mar 2006 Difference Year-to-Date Year-to-Date Final Bills 544 639 -95 5,297 5,459 Estimated Bills 170 250 -80 1,963 1,886 Penalties Posted $ 14,746 $ 12,370 $ 2,376 $ 124,117 $ 106,709 Extensions of Credit - Amount Extended $ 154,779 $ 96,472 $ 58,307 $ 1,653,055 $ 839,178 Balance Transfers $ 1,748 $ 7,229 $ (5,481) $ 26,967 $ 52,106 Utility Collections $ 20,719 $ 95,927 $ (75,208) $ 199,300 $ 382,630 Special Assessments $ 110 $ 110 $ - $ 2,494 $ 1,973 Miscellaneous Billings $ 82,310 $ 80,737 $ 1,573 $ 458,723 $ 478,726 Returns - Checks $ 24,025 $ 11,474 $ 12,552 $ 182,879 $ 124,404 Return Check Charges $ 1,115 $ 650 $ 465 $ 9,006 $ 8,761 Cuts for Non-Payment (CNP) 650 581 69 5,949 5,563 CNP through Disconnect Collars 10 N/A N/A 25 N/A Cuts for Non-Payment - Amount $ 147,234 $ 100,549 $ 46,685 $ 2,118,560 $ 1,154,460 Reconnects - Service Charges $ 19,100 $ 10,450 $ 8,650 $ 155,489 $ 143,945 Court Cases 0 0 0 0 0 Tamperings 0 0 0 3 15 SOP / CIP Updates Re-sequence and re-route meter routes. As of the end of March 2007, approximately 15,807 electric meters and 4,332 water meters had been changed out. Hire an Account Clerk III to supervise the billing and collections efforts. Position has been filled. Hire an Account Clerk I. Position has been filled. Install an Itron Mobile Collection System with GPS mapping in Meter Reading to maximize efficiency, reduce costs, and improve performance. Our current water/wastewater radio read installations are not sufficient enough to warrant the purchase of this system. The system will be deferred for one year. 3

HUMAN RESOURCES Custom er Service Contacts Payroll Hours 800 6000 700 5000 600 500 4000 400 300 3000 200 2000 100 0 1000 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 06 06 05 06 06 05 06 06 06 06 07 07 07 0 M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec Jan Feb M ar Applicat ions Processed 95 343 199 57 89 184 71 53 96 193 321 91 111 06 06 06 06 06 05 06 06 06 06 07 07 07 Employees Assist ed 98 52 68 53 42 63 41 57 46 43 138 155 220 Overt ime 2478 1426 1110 1427 1598 1897 1727 1343 1765 1785 2654 1451 1147 Cit izens Assist ed 75 343 107 57 48 102 42 76 57 96 153 84 146 Sick 2335 1477 1663 2674 2904 3466 3139 1572 1410 1708 2699 1767 3000 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Category Total 06 06 06 06 06 06 06 06 06 06 07 07 07 Caucasian 309 308 308 307 307 308 308 311 312 311 310 312 315 N/A Minorities 66 67 67 66 66 65 66 67 68 68 68 68 68 N/A Hired 3 2 2 1 1 6 4 4 3 1 2 2 5 36 Terminated/Resigned/Retired 2 2 2 3 1 6 3 0 1 2 3 2 2 29 Promoted 3 1 2 5 5 3 1 2 0 1 2 0 0 25 Jobs Posted 5 6 7 7 6 8 2 6 2 5 6 1 6 67 Workers Comp. Injuries 4 4 3 4 4 3 3 11 6 3 1 2 9 57 Workers Comp. Hours 21 0 3 72 160 344 198 329 322 62 247 160 341 2,259 Workers’ Comp. hours may not be the result of injuries that occurred during the current month. Jobs Posted –Customer Service Supervisor, Field Service Representative I, Motor Equipment Operator I (Water/Wastewater), Pipe Layer/ Motor Equipment Operator III (Construction), Electric Groundworker, Public Affairs Coordinator (City Manager’s Office). Employee(s) Hired –Inspector I, Administrative Assistant (Assessor’s Office), two Account Clerk I (Customer Service), Motor Equipment Operator I (Streets). Workers' Comp Injuries Workers' Comp. Hours 20 500 Electric and Public Works were combined in May and became the Public Electric and Public Works were combined in May and became the Public Utilities Dept. Figures from May 2005 to April 2006 have been omitted for 400 Utilities Dept. Figures from May 2005 to April 2006 have been omitted for 15 the Electric and Public Works depts. the Electric and Public Works depts. 300 10 200 5 100 0 0 M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec Jan Feb M ar M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec Jan Feb M ar 06 06 06 06 06 06 06 06 06 06 07 07 07 06 06 06 06 06 06 06 06 06 06 07 07 07 P ublic Utilities P ublic Services P o lice Others P ublic Utilities P ublic Services P o lice Others Public Utilities: 2 Public Services: 1 Police: 6 Others: 0 Public Utilities: 82 Public Services: 259 Police: 0 Others: 0 SOP / CIP Updates Effectively negotiate a labor agreement with the FOP. Agreement reached in September 2006. Work with Finance, Customer Services, and the local Union leadership to investigate medical benefit alternatives for employees and retirees. The H/R, Finance, I/T and Public Utilities directors, and the Senior City Admin. and H/R Coordinator began meeting weekly in February 2006 as discussions with local unions were unsuccessful. Preliminary report was given to the City Manager on October 4, 2006. City Manager has requested committee to continue meeting to discuss feedback received from the City Manager. Final report was provided to the City Manager in March 2007. Develop Supervisory Training modules and programs utilizing both internal and external resources. Leadership Training thru Dale Carnegie has been scheduled for May 2007. Sexual Harassment Training has been scheduled for April 2007. Effectively negotiate a labor agreement with the IUE and IBEW by June 2007. IUE negotiations began in January with additional meetings scheduled for March thru June. IBEW negotiations are scheduled to begin in April. Work with the City Clerk’s Office to transfer insurance claims processing from the City Clerk to the Human Resources Department by June of 2007. Full-time employee has been hired. Initial transfer discussions have occurred with the City Clerk’s Office and insurance carrier. Cross training will begin in March. 4

INFORMATION TECHNOLOGY Service Requests Received www.DoverDE.net 400 100 $800 300 80 $600 200 60 388 368 356 349 351 347 $400 304 304 309 287 40 100 262 245 255 $200 20 0 0 $0 M ar A pr M ay Jun Jul A ug Sep Oct No v Dec Jan Feb M ar M ar A pr M ay Jun Jul A ug Sep Oct No v Dec Jan Feb M ar 06 06 06 06 06 06 06 06 06 06 07 07 07 06 06 06 06 06 06 06 06 06 06 07 07 07 Activ e Customers Net Income Active Customers: 38 Net Income: $70 Supported PCs www.Dover.DE.US 250 800,000 200 700,000 Pages Viewed 150 600,000 500,000 100 768,639 717,876 669,324 691,378 645,792 400,000 601,095 522,142 50 501,814 300,000 411,402 408,339 421,410 429,551 334,094 200,000 0 100,000 M ar A pr M ay Jun Jul A ug Sep Oct No v Dec Jan Feb M ar 06 06 06 06 06 06 06 06 06 06 07 07 07 0 PCs Supported Window s 2000 or XP M ar A pr M ay Jun Jul A ug Sep Oct No v Dec Jan Feb M ar 06 06 06 06 06 06 06 06 06 06 07 07 07 PCs Supported: 229 As of August 2006, only “PCs Supported” will be given. The goal for Windows 2000 or XP has been reached. Performance Indicators Current Month Last Month Same Month Last Year iSeries Availability 99.1% 99.5% 99.1% Server Availability 99.9% 100% 99.8% Programming Requests Completed 18 17 5 AS/400 Connections (concurrent/authorized users) 36% 37% 39% PCs Supported 229 229 225 Servers Supported 8 8 7 (Availability statistics based on 7:00 a.m. to 5:00 p.m. M-F) SOP / CIP Updates Implement an Information Technology Emergency Preparedness Plan that will provide a platform for business restoration within 48 hours of a major disaster – Project #IT0504. DEMA has pre-approved equipment list. The request to purchase equipment was approved at the January 22, 2007 Council meeting. Equipment has been received and site preparation is in progress. Implement E-Government Strategy Plan. Vacant Web Programmer position has been filled. Currently working on E-government RFP which will be placed in March. Develop a printer life cycle methodology. A plan was implemented, and a replacement schedule was provided for budget planning. Project complete. Support Citywide Phone VoIP Project Implementation – Project #CS0601. Rollout of the new system has been completed at all locations except the Fire Department. Implementation of Call Accounting software is the next. 5

PARKS, RECREATION & LIBRARY Library Adult Services Children Services 4000 5000 3500 4000 3000 2500 3000 2000 2000 1500 1000 1000 500 0 0 M ar Apr M ay Jun Jul Aug Sept Oct Nov Dec Jan Feb M ar M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec Jan Feb M ar 06 06 06 06 06 06 06 06 06 06 07 07 07 06 06 06 06 06 06 06 06 06 06 07 07 07 Reference Reader's A dviso ry Outreach Electro nic A ssistance Reference Reader's A dviso ry Outreach Electro nic A ssistance Reference: 716 Reader’s Advisory: 118 Reference: 92 Reader’s Advisory: 86 Outreach: 550 Electronic Assistance: 401 Outreach: 327 Electronic Assistance: 53 Circulation MARCH 07 FYTD 07 MARCH 06 FYTD 06 Dover residents 16,356 141,607 13,107 134,198 Kent residents 17,542 145,365 15,430 152,531 Non-county residents 1,456 11,825 873 8,658 Registrations Dover residents 288 3,081 163 1,662 Kent residents 253 2,601 133 1,774 Non-county residents 16 401 16 130 Other Visiting patrons 34,028 303,653 32,938 263,653 Meeting room usage 240 1,760 280 1,800 Photocopier usage 1,367 17,485 2,004 20,055 Dial-a-Story 1,552 16,026 2,165 13,197 Internet usage 5,176 48,028 5,262 44,976 Holds Placed Sent: 2,891 Received: 2,145 Total: 5,036 Other Points of Interest Interlibrary: 805 items loaned out Technical services: Added 1,122 items 492 items borrowed Deleted 518 items Volunteers completed 67 hours of service. SOP / CIP Updates Develop potential locations, funding sources, and preliminary operating concepts for regional library in Dover. Nothing new to report. Purchase site for anchor library and develop an architectural plan. Meeting has been scheduled with Kent County Library officials to discuss plan. Update signage throughout the building to better assist patrons with locating materials and meeting areas. Ordered signage for the Dewey classification ranges. Posted additional signage to facilitate printing from public computers. 6

Parks and Recreation Recreation Revenue Recreation Revenue Breakdown $38,210 $ 50,000.00 $ 40,000.00 $ 35,000.00 $30,076 $ 40,000.00 $ 30,000.00 $ 25,000.00 $ 30,000.00 $14,019 $ 20,000.00 $12,980 $ 15,000.00 $8,363 $8,527 $ 20,000.00 $8,320 $ 10,000.00 $ 10,000.00 $2,084 $3,109 $2,215 $1,743 $3,672 $3,067 $ 5,000.00 $ 0.00 $ 0.00 M ar Apr M ay Jun Jul Aug Sept Oct Nov Dec Jan Feb M ar M ar Apr M ay Jun Jul Aug Sept Oct Nov Dec Jan Feb M ar 06 06 06 06 06 06 06 06 06 06 07 07 07 06 06 06 06 06 06 06 06 06 06 07 07 07 General: $316 Rental Payments: $1,699 Sports: $5 Leagues: $35,261 Trips: $930 Rentals MARCH 07 FYTD 07 MARCH 06 FYTD 06 Baseball/Softball Field Rentals* 49 235 26 201 Dover Park Pavilions (2) 0 23 0 29 Multipurpose/Field Hockey Field 2 41 2 33 Rentals* Recreation Center 24 155 22 203 Silver Lake Pavilions (2) 1 29 1 25 Soccer Field Rentals* 4 18 3 18 Stage 2 21 1 21 *These numbers reflect groups that utilized our facilities during March. Program Attendance** MARCH 07 FYTD 07 MARCH 06 FYTD 06 Basketball (Adult) 10 10 14 14 Basketball (Youth) 167 167 168 168 Bus Trip – Phila. Flower Show 45 45 45 45 Bus Trip – New York City 33 154 38 172 Get Up & Dance 15 37 New Program for 2007 Learn–N–Play: All Sports & Soccer 20 10 108 83 **The program attendance report reflects programs that ended in the month of March. Delaware Prevention Network Creating Lasting Family Connections continued with their collaboration of program efforts with local agencies. SOP / CIP Updates Implement Construction Plan for indoor recreation facility. Continuing to meet with architect regarding the building. Bi-weekly meetings have been scheduled. Begin construction on the John W. Pitts Recreation Center – Project #PR0501. Staff met with Bob Smith Contractors and Becker Morgan to review project contract and details. Groundbreaking was held on February 23, 2007 and construction is underway. Dover Park Enhancement – Project # PR0504 (State Match) – Requested and received an extension of the grant for basketball court resurfacing. Mirror Lake Dredging – Project # PR0402 – Nothing new to report. Replace Stagemobile – Bid specifications have been reviewed, and the bid was awarded to Century Industries. Stagemobile has been ordered and is expected to arrive in April. Schutte Park Land – Donation – Land donated adjacent to Schutte Park. Program has been renamed to Schutte Park Land Improvements. 7

PUBLIC SERVICES 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 (Phases, III, IV, V & VI) Four Seasons Nottingham Meadows Fox Hall West Addition (Phases II & III) Stoney Creek (Phase II) Clearview Meadows Fox Hall West (Phases IV & V) Seskinore Village of Cannon Mill Maple Glen Sanitation Monthly Total Refuse Collection (Tons) Sanitation Hours 1051.58 1600 819.06 1233.54 1044.24 640.81 1250 654.03 1187.58 999 1158.34 957 1200 570.01 1193.62 1000 651 870.71 1135.37 710 633 750 640.46 689.37 1097.48 616 541.68 556.39 800 416.19 1148.02 500 953.79 385.14 1061.19 250 52 52 253.09 Electronic 825.47 0 8 400 443.52 993.82 Hand Trash Bulk Collection 0 Mechanized Container Goods Pickup 7 M ar A pr M ay Jun Jul A ug Sep Oct No v Dec Jan Feb M ar Mar 07 06 06 06 06 06 06 06 06 06 06 07 07 07 Collection Collection Repair/Delivery Mar 06 B ulk A uto mated MARCH 07 FYTD 07 MARCH 06 FYTD 06 Tons Dry Waste Collected 181.47 2,138.53 247.07 2,531.03 Tipping Fee Savings Realized $3,577.73 $41,970.70 $4,939.01 $ 49,476.05 Trips to DSWA Sandtown Landfill 318 3,049.00 372 3,012 Total Tonnage to DSWA 1,437.34 14,405.55 1,585.92 14,868.00 90-Gallon Containers Delivered 43 394 52 433 300-Gallon Containers Delivered 9 28 4 42 8

Streets MARCH 07 FYTD 07 MARCH 06 FYTD 06 Signed Installed 49 331 24 246 Signs Repaired 29 115 15 140 Curbs Painted Yellow (feet) 295 1,219 232 1,150 New Posts Installed 12 94 8 69 Storm Catch Basins Cleaned 0 2,491 300 1,202 Storm Catch Basin Cleaning (Hrs.) 0 439 112 470 Hot Mix Patching (Tons) 0 150 0 137 Cold Mix Patching Hrs.) 37 337 40 323 Concrete Work (Hrs) 0 1,016 240 1,250 Concrete Patching (Cubic Yards) 0 791 47 183 Street and Alley Maintenance (Hrs) 159 1,353 188 1,354 Street Sweeping (Miles) 1,322 8,455 1,656 8,702 Street Sweeping (Cubic Yards) 228 1,613 216 1,314 Leaves Collected (Cubic Yards) 0 10,080 0 9,787 Leaf Collection (Miles) 0 3,688 0 5,528 Grounds Arborist Crew MARCH 07 MARCH 06 Trees Removed 153* 43 Stumps Removed 28* 0 *The majority of these trees and stumps were removed in the creation of a woods trail, a quarter mile, long at Schutte Park. This trail will also become part of the cross country course. Mulch from chilling trees was used to surface half the trail. The remainder of the trail will be covered with mulch next winter. Beautification Crew Received and potted a shipment of 2,304 begonia plugs in the greenhouse. These annuals will be used as bedding plants. Received and potted a shipment of perennial bulbs to be used in beds and containers Landscape Repair/Special Projects Crew Removed 20 tree grates that had been outgrown by the trees on Loockerman Street. Assisted with the creation of a woods trail at Schutte Park including removing trees, chipping, brush hauling woods, hauling woods chips and the installation of a 20” drainage pipe. Installed 6,250 square feet of sod at Schutte Park. Assisted the Electric Department with the installation of the fountain in Mirror Lake. Completed the landscape project at Robbins Hose headquarters on Governors Avenue. Grounds Maintenance/Mowing Crews Assisted with the woods trail and installation of 12,250 square feet of sod and mulching around trees in the parks. Completed project at the Blue Hen Corporate Center with the installation of filter fabric and 60 tons of 3/4” rock on the entrance islands. Switched all equipment used for snow removal over to mowing configuration. SOP/CIP Updates (percentages below represent percent completed) FY-2006 Street Program (ST0601) – 100% FY-2006 Concrete Program (ST0602) – 100% Generic Subdivision Signs (ST0505) – 25% Silver Lake Dam Improvements – 15% FY-2007 Street Program (ST0701) – 97% FY-2007 Concrete Program (ST0702) – 85% 9

PUBLIC UTILITIES Electric System Peak Total System Load 250.0 83,588 83,208 100,000 200.0 170.9 173.0 146.0 150.2 69,529 62,737 80,000 59,576 59,198 59,195 58,779 60,725 59,026 59,059 126.0 56,697 MW 118.5 114.0 MWH 53,253 150.0 100.5 102.0 103.0 103.0 106.1 60,000 94.0 100.0 40,000 50.0 M ar A pr M ay Jun Jul A ug Sep Oct No v Dec Jan Feb M ar 20,000 06 06 06 06 06 06 06 06 06 06 07 07 07 M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec Jan Feb M ar 06 06 06 06 06 06 06 06 06 06 07 07 07 Outages Number of Customers Gained/Lost 50 20,000 250 238 40 15,000 Customers 200 Outages 30 10,000 20 150 10 5,000 100 73 95 66 0 0 50 31 27 18 21 25 31 M ar A pr M ay Jun Jul A ug Sep Oct No v Dec Jan Feb M ar 13 13 12 06 06 06 06 06 06 06 06 06 06 07 07 07 0 M ar A pr M ay Jun Jul A ug Sep Oct No v Dec Jan Feb M ar Outages Customers 06 06 06 06 06 06 06 06 06 06 07 07 07 Outages: 7 Customers: 435 ELECTRIC OUTAGE REPORT # OF URD OUTAGE # DATE TIME OUT TIME IN CIRCUIT LOCATION DEVICE CAUSE ACTION CUST OVH 07-0011 03-03 07:10 08:17 12103 Morris Estates/Lotus Fuse 74 Q Replaced Fuse OVR 07-0012 03-06 02:19 03:29 12901 Westminster Village Jumper 1 I Repaired Jumper OVH 07-0013 03-07 10:40 12:39 12103 Orchard Avenue Cable 1 J Repaired Cable URD 07-0014 03-09 10:18 11:17 12804 1255 Persimmon Tree Fuse 2 D Repaired Damage OVH 07-0015 03-10 21:38 22:22 467 Elm Terrace Jumper 6 I Repaired Jumper OVR 07-0016 03-19 09:54 11:15 12402 DAFB Housing Elbow 350 L Repaired Burnt URD 07-0017 03-28 08:02 09:23 12904 North DuPont Highway Wire 1 D Cable OVH Repaired Wire CAUSE A – Equipment Failure D – Auto Accident G – Overload (Trans) J – Dig In M – Bad URD Q – Unknown B – Lighting E - Animal H – Weather Factor K – Substation Equip. N – Contractor/Line Crew X – Transformer C – Tree Condition F – Overload I – Primary Tap L – Switching Error P – Homeowner 10

Engineering Services Completed Projects Active Projects / % Completed Projects in Design / % Completed Jefferic Boulevard – Grandview Mobile Home Park – 80% Fiber Map – 0% Marriott Lexington Glenn – 70% SR1/SR9 Rebuild – 100% Dover Air Force Base – 69 KV to Mayfair Substation – 80% Wawa Bay Court Plaza—90% Phase I Clearview Phases I, II, & III - 50% Feeders 3 & 4 – Phase II – 60% Feeders 3 & 4 – Phase I – 0% Cahne Medical Building – 0% 4 KV to 12 KV Conversion – 99% North Street Improvements – 50% Vera’s Haven – College Rd. – 15% Cannon Mill Phase III – 100% Tall Pines – Dover Kenton Rd. – 10% Dover Air Force Base – Phase II – 10% Nottingham Meadows – 50% Dover Air Force Base – Phases III, IV & V – Hertrich Mazda – 90% 100% Country Inn—Leipsic Road—50% Walgreens – 100% Creekstone Center Phase II – 10% Dover Saturn – 100% Cannon Mill Phase II – 20% Commerce Bank—0% Emerald Pointe - Phase II – 10% Eden Hill Medical Center—90% Kesselring Feeder Phase II – 80% Mayfair Bus Work—95% Village of Westover Phase VI-10% Dickies BBQ—0% Leipsic Road Upgrades-80% Robert W. O’Brien Building –0% Kent Acres Rehab. – 10% Dove View – 0% Hanson Building – 50% State Street Commons – 0% Governors Lighting Wesley Redesign Rigley Street Storage – 0% – 33% Wawa, Court Street – 0% Cedar Chase Hotel – 0% Eden Hill Residential – 0% John Pitts Recreation Center – 10% Kesselring Farm – 50% 69 KV Relocation Frazier – 0% Transmission and Distribution Underground Work % Completed Overhead Work % Completed Emerald Pointe 100% Overhead maintenance Ongoing Cannon Mill Ongoing Maintenance of City lighting Ongoing County Inn, Leipsic Road 50% Infrared Testing and Repairs 98% Kentwood 750 MCM upgrade 100% 71 of 72 completed Total 4-12 KV conversion 99% Remove overhead wire RT 13 100% Clearview Ongoing In front of DSU Lexington Glenn Ongoing Dover Air Force Base – installing Ongoing new underground infrastructure Ongoing Nottingham Meadows 70% Capitol Park upgrade to 95% underground 80% Seskinore Development 50% Leipsic Road, Install 750 100% underground Vera’s Haven Bayhealth Warehouse 11

FY 06 Meter Stats Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 06 06 06 06 06 06 06 06 06 06 07 07 07 Radio Read Meter Installations 585 558 386 244 252 464 459 287 483 346 635 380 370 Meters Tested 1,300 878 525 450 475 161 507 491 738 677 1,399 648 570 Meters Junked 509 416 345 201 181 367 349 242 245 337 603 283 261 Meters Removed 25 0 13 28 7 14 24 30 5 14 13 12 16 Meter Changes 525 519 354 200 210 424 193 224 402 295 523 298 341 New Services 40 28 18 25 24 21 246 37 68 26 93 69 20 Services Retired 1 2 1 0 0 2 1 5 1 3 3 4 1 System Operations Center Switching schedules 6 4 5 1 15 8 2 11 12 10 20 17 17 Work orders 396 1,157 1,687 1,861 2,091 828 1,121 1681 798 630 666 428 456 Miss Utility tickets called back 1,821 1,869 2,016 2,257 2,564 1,478 1,989 2,394 1,923 1,395 1,623 1,438 2,238 Tickets located 1,890 1,869 1,746 2,073 1,923 2,112 1,875 1,988 1,311 1,743 1,344 2,085 Substation Relay Substation Status McKee Repaired hot spots and performed maintenance. Dover Downs Repaired and cleaned 69 KV tie switch. SOP / CIP Updates (percentages below represent percent completed) Develop an Electric Department mapping system to assist crews with power restoration. Mapping system is operational. Hire two junior engineers to replace senior system engineer and senior SCADA technician. Recruiting for one Electrical Engineer – Scada Technician pending evaluation. Continue the Blue Light Security program in the City of Dover – Project #EE0709. Two blue lights have been installed in a pilot program. Communicating with various departments for recommendations of future placements of units. Leverage and maximize the use of existing fiber optic outside plant and conduit by enhancing the existing fiber optic network and sharing these facilities with key community stakeholders – Project #PR0710. Council approved award of the contract to Columbia Telecommunications Corporation. CIP Project % Completed CIP Project % Completed Mayfair 69/12 KV Transformer and Breaker – 5% College Road Capacitor – Project #EE0604 0% Project #ES0105 69 KV Feeders 3 and 4 – Project #EE0601 70% Meter Testing Bench 90% 90% Lighting Project and Rehabilitation – Project 10% Mayfair to Mid-City – Project #ET0502 #EE0605 10% Radio Read Meter Changeout – Project 75% Lebanon Transformer – Project #EE0701 #ET0501 Dover Downs 69 KV Line Relocation – Project 100% 30% Denneys Road Upgrade – Project #EE0705 #EE0702 99% Fiber Optics Replacement – Project 20% Distribution Upgrades – Project #EU0601 #EE0710 Replacement of 69 KV Breakers – Project 70% New Developments/Upgrades – Project 100% #EE0408 #EE0606 System Operations Automation – Project 100% #EE0708 Kesselring Feeder – Project #EE0602 90% 12

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Water/Wastewater Water Production/Billed Consumption/Flow to Kent County 300 250 Million Gallons 200 150 100 50 0 M ar 06 April 06 M ay 06 June 06 July 06 Aug 06 Sep 06 Oct 06 Nov 06 Dec 06 Jan 07 Feb 07 M ar 07 Total Water Production Billed Consumption Total Flow to Kent County City Readings Total Water Production: 147,615,000 Billed Consumption: 118,595,000 Total Flow to Kent County: 174,550,681 City Readings: 174,550,681 MAR 07 MAR 06 Water Production – Daily Average 4,761,774 4,927,839 Fire Hydrants – Flushed 1,189 1,313 Fire Hydrants – Tested 0 38 Final Readings 144 227 Cutoffs 20 20 Turn-ons 25 20 New Inspections 38 28 Curb Boxes Located 72 68 Curb Boxes Adjusted 3 7 Water Service Lines Repaired 2 1 Water Meters Repaired 13 22 Radio Technology Installations 39 57 New Meters Added 27 30 Total Water Meters in City Distribution System 13,157 12,865 MAR 07 MAR 07 L.F. Sewer Lines Flushed 24,756 64,846 Sewer Lines Inspected 26,556 63,946 Feet Sewer Mains Videotaped 0 0 Manholes Inspected 134 330 Manholes Cleaned 122 318 15

SOP / CIP Updates Reduce number of brown water complaints through the implementation of the Water Quality Improvements Program – Project #WS0502. Phase 1 of the work proposed for Well #13R, which includes replacement of the altitude valve for the elevated storage tank, has been completed. The remaining materials required to complete Phase 2, well contact time piping, has been put out to bid. Reduce cost to the City arising from inflow/infiltration – Project #WS0501. Completion of smoke testing has been scheduled for April. Contractor will provide a report upon completion of all areas. Increase the metering accuracy of the water/sewer utility through the expansion of the Meter Reading Technology Upgrade Project – Project #WS0702. The budget for this program increased for FY 2007 to $175,000. Work on this project began more aggressively in August 2006 following the July flushing operation. Currently, 39% of the budget has been spent. Increase the mapping accuracy of the water/sewer utility through the expansion of GIS. The request for a GIS Technician for FY 2007 necessary to meet this goal was denied. It is anticipated that very little progress on this goal will be made in FY 2007. CIP Project (Water) Percent Completed 2006 - Southeast Water Loop (Design Phase) – Project #WD0701 95% 2006 - Scarborough Road Interconnection (Tidewater) – Project #WD0601 100% Water Quality Improvements – Project #WS0502 50% Meter Reading Technology Upgrade – Project #WS0603 39% Miscellaneous Distribution System Improvements – Project #WS0602 50% Elevated Storage Tank Painting and Maintenance – Project #WS0604 75% Cheswold Well (#8) Replacement) 15% CIP Project (Wastewater) Percent Completed 2006 – Puncheon Run Motor Control & Pump Replacement (Construction) – Project #WW0505 95% 2006 – U.S. 13 East Sanitary Sewer Interceptor – Project #WW0101 90% Inflow/Infiltration Removal – Project #WS0501) 75% Meter Reading Technology Upgrade – Project #WS0603 39% Miscellaneous Sewer System Improvements 10% Construction Utility crew: 1. Leipsic Road: Installed conduits for Electric Division. 2. Dover Downs: Cleaned up job site and removed remaining material. 3. Water/Wastewater Division: One crew member worked with the water/wastewater crews during flushing operations. 4. Water/Wastewater Division: Repaired water leaks and sewer lateral during flushing operations. Made new water tap and service on College Road. 5. Bayard Altitude Valve & Bypass: Installing new altitude valve, new bypass and drain system for overflow and tank draining. 6. Electric Division: Pulled new wire behind Kentwood Mobile Home Park. 7. St. Jones Substation: Moved and hauled away concrete slab. 16

MONTHLY REPORT Department of Planning & Inspections P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7010 Fax (302) 736-4217 Department of Planning and Inspections MARCH 2007 COMPREHENSIVE PLAN AMENDMENTS In March, the City Council granted approval to two Comprehensive Plan Amendments to the Land Development Plan Map and denied an Amendment to the Growth & Annexation Plan Map. The Amendments involving revisions to the Land Development Plan Map changed the land use categories of three properties on Wyoming Avenue to Office & Office Parks and also changed a portion of a property on the southwest corner of College Road and Route 13 to Commercial. A fourth Comprehensive Plan Amendment to the Land Development Plan Map associated with the Blue Hen Corporate Center property was heard by the Planning Commission in March with City Council review scheduled for April. Following action on the last Amendment, Staff will complete the necessary map updates in order to complete the State certification process for these amendments and publication for amendments adopted. EDEN HILL TND The Plan Review process continues for the various aspects of the Eden Hill Farm Traditional Neighborhood Design (TND). In 2006, the Planning Commission approved the applications for the Residential District Implementation Plan and the Professional Office, Medical & Financial District Implementation Plan. A Revised Administrative Site Plan for the Professional Office, Medical & Financial District has been submitted in response to the initial review comments provided by Planning Office, other City Departments, and state agencies. The Administrative Site Plan for the Residential District was filed for review in February 2007. The Implementation Plan for the Commercial District has not yet been submitted for review by the Planning Commission. City Staff continues to meet with applicants and other agencies regarding the Eden Hill Farm TND in order to achieve plan approvals and to begin construction activities such as general site grading. DEMOLITIONS Currently, there are two properties on the dangerous building list as follows: 43 E. Division Street and the in- ground pool located at 123 Blue Beach Drive. 309-311 W. Loockerman Street, the owner has demolished the structure. Notice has been sent to the owner of 43 E. Division Street that the building is now considered a dangerous building by the City. The lien search has been conducted and there are no liens against the property. The structure located at 133 S. Governors Avenue has also been demolished. COMMUNITY DEVELOPMENT Homeownership Assistance Program For the month of March, there were no families who purchased a home using Dover First Start. Three (3) families are mortgage ready and shopping for homes. Housing Rehabilitation Program Five (5) owner occupied homes are currently underway and three (3) have been completed. Streets Project

The first phase of paving the sidewalks and curbs has been completed on South Kirkwood Street; the second phase is scheduled to begin in early spring. First State Resource Conservation and Development Council RC&D Emergency Repairs were completed on four (4) owner occupied homes for the month of March. Community Development Staff and Specifications Writer for the Housing Rehabilitation Program attended a Lead Safety Training Program on March 22nd and received certificates of completion. MEETING REPORTS Board of Adjustment: The Board of Adjustment met on March 21, 2007 and took the following actions: The next scheduled meeting for the Board of Adjustment will be held on April 18, 2007. 1. Applicant #V-07-03 - 91 Saulsbury Road, Lands of Carl Kaplan and Tolano Anderson: Moved to approve. 2. Applicant #V-07-05 - 764 Dover - Leipsic Road, Lands of Delmarva Hotels LLC: Moved to approve with conditions. 3. Applicant #V-07-06 - 62 South New Street, Lands of Julia Bess: Moved to approve. Dover Parking Authority: At its meeting of March 1, 2007 reports were given on the budget, permit sales, Police Department activities, Main Street, DDDC Report and Water Street Collections. Also discussed was the North Street Lease Proposal and Bradford Street Parking Lot Expansion project. Also discussed was a proposal for the City Hall Parking Lot: Vendor Proposal from Mr. Gary Campbell. Historic District Commission: The Historic District Commission met on March 15, 2007 and considered the following application. The next scheduled meeting for the Historic District Commission will be held on April 19, 2007. 1. HI-07-01 Del-One Credit Union Drive-Thru Expansion at East Water Street: Moved to approve with conditions. Planning Commission At its meetings of March 19, 2007, the Planning Commission took the following actions: 1. MI-07-05 Kent County AeroPark: Lot Line Adjustment Plan – Consideration of Waiver Requests for Land Subdivision Regulations: Moved to recommend approval with conditions. 2. Z-07-03 Lands of DE Exchange LLC at the Blue Hen Corporate Center: Land Development Plan Amendment, Land Use Type: Commercial to Residential Medium Density & Rezoning Application: Moved to recommend approval (Land Development Plan) and Moved to forward recommendation of approval to City Council for the zoning classification of RM-2. 3. AX-07-02 Lands of Island Farm Inc., Harer, and Lloyd: West side of Bay Road: Moved to forward to City Council recommendation of approval with C-4 zoning classification. 4. Z-07-05 Berry Van Lines properties located at 747 N. DuPont Highway: Moved to forward to City Council recommendation of approval with zoning classification of SC-2 5. C-07-03 Day Care Center at Village of Cannon Mill – Lot 235 at East Shelldrake Circle: Moved to approve with conditions.

6. S-07-10 Luther Village: Planned Neighborhood Design – Senior Citizen Housing Option, Phase 2: Moved to approve with conditions and to forward recommendation to City Council to eliminate street frontage. 7. S-07-11 Sleep Inn west of North DuPont Highway: Moved to approve with conditions. 8. S-07-12 Lands of MC5 at Simpson Industrial Park near Lafferty Lane: Moved to approve with conditions. 9. S-07-13 Collegian Complex at 114, 116, 126, and 128 West Loockerman Street: Moved to approve with conditions. INSPECTIONS ACTIVITY Permits and Licenses Rental Dwelling, Public Occupancy & Lodging House Permits: Year to Date ______1,798____ Number of New Occupancies – March 2007 ______ 78____ Permit Fees Collected for Rental, Public Occupancy & Lodging Permits, March 2007 __$ 6,581.25__ Number of Business Licenses & Mobile Homes Issued – March 2007 ___ 128______ Total Number of Business Licenses & Mobile Homes for Year 7/1/06 to 6/30/07 ____ 2,345______ Total Fee Collected for Business Licenses & Mobile Homes for March 2007 __$ 8,027.35___ Total for all Construction Permits* and Certificate of Occupancies Issued for Mar 2007 _____218______ Value of Construction & Fire Prevention projects permitted in March 2007 _$30,809,794 ___ Fees Collected for Construction Permits and CO’s for March 2007 _$ 230,705.50_ *Construction permits include Building, Fire Prevention, Plumbing, and HVAC Permits Property Inspections: March 2007: Fire Marshal, Inspections - Property Maintenance Office of the Building and Property Fire Marshal Maintenance Inspections Safety Inspections 64 Construction Inspections Property Maintenance Inspections 61 Building 259 Fire Code Inspections 77 Plumbing/Mechanical 377 Fire Protection Inspections 55 Certificate of Occupancy 12 Certificate of Occupancy 4 Total New Construction 648 Alarm Activation Follow-ups 14 Property Maintenance Cases Fire Investigations 4 Complaints 88 Total Inspections 279 Observed by Inspectors 133 Non-Inspection Hours License/Zoning 56 Office 116 Total PM Inspections 277 Training 16 Non-Inspection Hours Office 185 Plan Review 39 Training 0 Plan Review 104 The Fire Marshal’s Office has begun meetings with Home Builder Associations, the Chamber of Commerce, and Realtors with regards to sprinklering of townhouses. On March 23, 2007 sprinkler activation at the University Court Yard Apartments suppressed a fire with one head due to the result of unattended cooking.

During the month of April, Planning & Inspections staff logged in 551 walk-in traffic citizens. As always, please contact me regarding any questions you may have. Ann Marie Townshend Director of Planning and Inspections Department

CIP Highlights-March 2007 General Fund • Overall Project Status: 7 projects started; 3 completed; 1 not started; 1 delayed. • Equipment for Emergency IT Center is in, and site has been selected. This is the FY06 part of the project. Consultant working on the final protocols and procedures for emergency operations. This is the FY 05 part of the project. • John W. Pitts Center – Construction site work has started. Water and wastewater lines have been put in. • The Air Conditioning Control upgrades at the Police Department are complete. This project was first proposed in 2004 but was delayed due to lack of funding. Water/Wastewater Fund • Overall Project Status: 7 projects started; 4 projects completed; 2 delayed. • Smoke testing for the Inflow/Infiltration Project – The majority of testing has been completed and a preliminary report has been issued. Smoke testing resumed in April due to delays by contractor. • Route 13 East Sanitary Sewer Interceptor. The construction of this phase is now complete. We are awaiting final billing but it appears project will come in over the “time and material” estimate by about 16% or $50,000. We are still within the total budgeted for the year. Increase was due to wetter soil conditions than anticipated which caused a need for more stone to be used to support the sewer line. There were additional costs related to maintaining temporary black top over the winter period. Electric Fund • Overall Project Status: 17 projects started; 3 completed; 1 delayed. • Three new projects approved by City Council and added: McKee Run Transformer, College Road Substation, and Transmission Relaying Upgrades. • The transmission lines related to the Dover Downs 69 KV relocation are now complete. Project came in 5% over budget. Additional funds will come from other projects that are under budget and will be adjusted as part of the final revised budget. • All of the Distribution Upgrades planned for this year are complete. Time and crew capacity does not permit any further work this fiscal year. Community Transportation Fund • This is a new section we have added.

City of Dover General Fund - Major CIP Projects March, 2007 PROJECT HISTORY CURRENT FISCAL YEAR Original Revised Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD Budget % Budget Type Descripton Budget Budget Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments FY 2004 M Pitts Recreation Center $ 3,000,000 $ 3,000,000 $ 284,409 $ 2,715,591 9.5% $ 964,800 $ 964,800 $ 139,905 $ 824,895 14.5% Started Site and utility construction started. HVAC Controls Upgrade- Police 69,324 69,324 65,000 4,324 93.8% 69,324 69,324 65,000 4,324 93.8% Completed Waiting for final training and bills. Totals $ 3,069,324 $ 3,069,324 $ 349,409 $ 2,719,915 11.4% $ 1,034,124 $ 1,034,124 $ 204,905 $ 829,219 19.8% FY 2005 Dover Park Enhancements $ 60,000 $ 60,000 $ 13,330 $ 46,670 22.2% $ - $ 60,000 $ 13,330 $ 46,670 22.2% Started Fencing completed; bidding paving. Consultant is reactivated now that FY06 IT Emergency Prep Plan 50,000 50,000 32,350 17,650 64.7% - 17,650 - 17,650 0.0% Started equipment is delivered Totals $ 110,000 $ 110,000 $ 45,680 $ 64,320 41.5% $ - $ 77,650 $ 13,330 $ 64,320 17.2% FY 2006 Equipment received. Consultant working on I/T Emergency Plan (Grant Funded) $ 100,000 $ 100,000 $ 70,145 $ 29,855 70.1% $ - $ 100,000 $ 70,145 $ 29,855 0.0% Started final plans. City-Wide Fiber Optic Telephone System 130,000 470,000 433,922 36,078 92.3% 470,000 470,000 433,922 36,078 92.3% Completed Completed Totals $ 230,000 $ 570,000 $ 504,067 $ 65,933 88.4% $ 470,000 $ 570,000 $ 504,067 $ 65,933 88.4% FY 2007 Park Playground Improvements $ 57,000 $ 57,000 $ 56,414 $ 586 99.0% $ 57,000 $ 57,000 $ 56,414 $ 586 99.0% Completed Dover Park and Mary Street Park installed Front Steps Police Station 30,000 30,000 - 30,000 0.0% 30,000 - - - 0.0% Delayed Delayed due to electric rate cut-backs. M GIS System City-Wide 52,000 102,000 65,942 36,058 64.6% 50,000 50,000 12,500 37,500 25.0% Started Software delivered; equipment being upgraded. Fire Dept Communications System 400,000 250,000 40,647 209,353 16.3% 400,000 250,000 40,647 209,353 16.3% Started Started installation. Shutte Park- Donated Land Improvements 100,000 100,000 - 100,000 0.0% 100,000 100,000 - 100,000 0.0% Not Started Waiting on funding. Space Needs Study Implementation 40,900 40,900 21,974 18,926 53.7% 40,900 40,900 21,974 18,926 53.7% Started Construction started on Finance office. Totals $ 679,900 $ 579,900 $ 184,977 $ 394,923 31.9% $ 677,900 $ 497,900 $ 131,535 $ 366,365 26.4% Grand Totals $ 4,089,224 $ 4,329,224 $ 1,084,133 $ 3,245,092 25.0% $ 2,182,024 $ 2,179,674 $ 853,837 $ 1,325,837 39.2% 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 rebudgeted to start over each fiscal year. FY07 CIP Project Report Mar07 110 4/18/2007

City of Dover Streets Funds - Major CIP Projects March 2007 PROJECT HISTORY CURRENT FISCAL YEAR Original Revised Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD Budget % Budget Type Descripton Budget Budget Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments FY 2002 North Street Sidewalk $ 654,629 $ 819,120 $ 738,704 $ 80,416 90.2% $ 80,416 $ 80,416 $ - $ 80,416 0.0% Not started Work on hold pending Collegiate decision Clara Street turn lane 170,916 187,949 134,997 52,952 71.8% 40,000 40,000 - 40,000 0.0% Not started (1) Totals $ 825,545 $ 1,007,069 $ 873,701 $ 133,368 86.8% $ 120,416 $ 120,416 $ - $ 120,416 0.0% FY 2004 Dogwood/ Post/ Haman $ 214,000 $ 214,000 $ 198,830 $ 15,170 92.9% $ 15,170 $ - $ - $ - 0.0% Closed Totals $ 214,000 $ 214,000 $ 198,830 $ 15,170 92.9% $ 15,170 $ - $ - $ - 0.0% FY 2005 Waiting for Luther Towers to decide how to fund Babb Dr. $ 92,925 $ 104,390 $ 111,854 $ (7,464) 107.1% $ 104,390 $ 104,390 $ 111,854 $ (7,464) 0.0% CC overage. Dover Little League Parking Awaiting staff decision on re-appropriation of Lot Phase II 134,000 134,000 123,215 10,785 92.0% 10,785 10,785 - 10,785 0.0% CC available funds. G. Wash./ Wilson Dr./ Woodcrest Dr./ Millcreek Cr./ Queen St. E&W Alley/ Waiting for reimbursement from the state. Awaiting Tarburton Dr. 357,750 416,500 473,642 (57,142) 113.7% - - - - 0.0% CC PW staff direction on how to cover overage. Mimosa Ave./ Woodburn $2,685.03 offset against GF appropriation see Cr. 500,000 515,170 517,855 (2,685) 100.5% - - - - 0.0% Closed below. Fox Hall signs/Lincoln Park The signs for Fox Hall & Woodlands of Fox Hall are sign 20,340 20,340 10,340 10,000 50.8% 10,000 10,000 - 10,000 0.0% Started complete. Work not started for Lincoln Park. Totals $ 1,105,015 $ 1,190,400 $ 1,236,906 $ (46,506) 103.9% $ 125,175 $ 125,175 $ 111,854 $ 13,321 89.4% - FY07 CIP Project Report Mar07

City of Dover Streets Funds - Major CIP Projects March 2007 PROJECT HISTORY CURRENT FISCAL YEAR Original Revised Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD Budget % Budget Type Descripton Budget Budget Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments FY 2006 Silver Lake Park Sign $ 16,400 $ 16,400 $ - $ 16,400 0.0% $ 16,400 $ 16,400 $ - $ 16,400 0.0% Not started 10% received from the state. Work not started. Capitol Park/ Rodney Village Signs 20,000 20,000 - 20,000 0.0% 20,000 20,000 - 20,000 0.0% Not started 10% received from the state. Work not started. Over budget. Overage of $24,251 is offset against Ann Ave. 145,500 145,500 145,500 - 100.0% 145,500 145,500 145,500 - 100.0% Closed GF appropriation. Amendment to original budget was approved by Bennington St./ Burn. Tree legislators. Waiting on receipt of funds from the Rd./ Teal Ct. 161,700 168,895 168,894 1 100.0% 161,700 168,895 168,894 1 100.0% CC state. Healtherfield Sign./ Voshells Cove Sign. 20,000 20,000 - 20,000 0.0% 20,000 20,000 - 20,000 0.0% Not started 10% received from the state. Work not started. Cowgill St. 25,000 25,000 - 25,000 0.0% 25,000 25,000 - 25,000 0.0% Not started 10% received from the state. Work not started. Morris Dr. 79,000 79,000 - 79,000 0.0% 79,000 79,000 - 79,000 0.0% Not started 10% received from state. Work not started Old Forge Drive (GF) - 115,304 115,304 0 100.0% 115,304 115,304 115,304 0 100.0% Closed No agreement Reed Street (GF) - 86,637 86,637 0 100.0% 86,637 86,637 86,637 0 100.0% Closed No agreement Village Dr. (GF) - 91,025 91,025 0 100.0% 91,025 91,025 91,025 0 100.0% Closed No agreement Ann Ave (overage) - 24,251 24,251 0 100.0% 24,251 24,251 24,251 0 100.0% Closed Overage from agreement CT6110 Slaughter Street Alley (GF) - 27,688 27,688 - 100.0% 27,688 27,688 27,688 (0) 100.0% Closed No agreement Mimosa Ave./ Woodburn Cr. (overage) - 2,685 2,685 - 100.0% 2,685 2,685 2,685 0 100.0% Closed Overage from agreement CT0586 Overage from prior years offset against CY GF Prior Fiscal years overage - 13,239 13,239 - 100.0% - - - - 0.0% appropriation Total General Fund 350,000 360,829 360,828 (10,828) 100.0% 347,590 347,590 347,589 1 100.0% M Lincoln Park Center (317) 400,000 400,000 170,966 229,034 42.7% 285,220 285,220 56,185 229,035 19.7% Totals $ 1,217,600 $ 1,235,624 $ 846,188 $ 378,608 68.5% $ 1,100,410 $ 1,107,605 $ 718,168 $ 389,437 64.8% - - FY 2007 E. Water St. brick sidewalk $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ 65,000 $ 65,000 $ - $ 65,000 0.0% Not started 10% received from the state. Work not started. Dover Fire Company Received 10% on original agreement. Awaiting parking lot 80,000 100,000 - 100,000 0.0% 80,000 100,000 - 100,000 0.0% decision on funding reallocation. Amendment approved 12/28. Work is complete. Taylor Dr. 16,750 21,263 21,263 0 100.0% 21,263 21,263 21,263 0 100.0% CC Waiting for reimbursement from Del DOT. Andrew Dr./ G. Washington Dr./ Maple Dale Ave. 200,600 200,600 - 200,600 0.0% 200,600 200,600 - 200,600 0.0% Not started 10% received from the state. Work not started. Penn. Ave./ West St. Alleys 36,900 36,900 - 36,900 0.0% 36,900 36,900 - 36,900 0.0% Not started 10% received from the state. Work not started. Maryland Ave. 25,000 25,000 - 25,000 0.0% 25,000 25,000 - 25,000 0.0% Not started 10% received from the state. Work not started. Bedford Drive - - - - 0.0% - 1,580 - 1,580 0.0% Not started Totals $ 424,250 $ 448,763 $ 21,263 $ 427,500 4.7% $ 428,763 $ 450,343 $ 21,263 $ 429,080 4.7% Grand Totals $ 3,786,410 $ 4,095,856 $ 3,176,887 $ 908,140 77.6% $ 1,789,934 $ 1,803,539 $ 851,285 $ 952,254 47.2% 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 rebudgeted to start over each fiscal year. CC = Construction complete. FY07 CIP Project Report Mar07

City of Dover Water/Wastewater Improvement & Extension Fund - Major CIP Projects March 2007 PROJECT HISTORY CURRENT FISCAL YEAR Original Revised Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Descripton Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY 2001 M US Rt. 13 East Sanitary Sewer Interceptor $ 1,025,000 $ 878,914 $ 355,494 $ 523,420 40.4% $ 850,000 $ 850,000 $ 320,533 37.7% Complete Construction complete. Awaiting final bills. Totals $ 1,025,000 $ 878,914 $ 355,494 $ 523,420 40.4% $ 850,000 $ 850,000 $ 320,533 37.7% FY 2003 Functionally complete; final inspection done. M Puncheon Run Pump Station Upgrade $ 215,000 $ 1,202,286 $ 1,079,899 $ 122,387 89.8% $ 147,790 $ 495,156 $ 372,769 75.3% Started Working on minor punchlist items. M Garrison Oak Interim Pumping Station 1,280,000 1,670,000 189,976 1,480,024 11.4% - - - 0.0% Complete Design complete. Waiting for user Totals $ 1,495,000 $ 2,872,286 $ 1,269,875 $ 1,602,411 44.2% $ 147,790 $ 495,156 $ 372,769 75.3% FY 2005 Design ongoing; survey work started. Some M Water Quality Improvement $ 450,000 $ 1,226,000 $ 180,791 $ 1,045,209 14.7% $ 200,000 $ 200,000 $ 180,791 90.4% Started materials ordered; materials out to bid. M Whiteoak Farms Pump Station Force Main 325,000 185,000 128,886 56,114 69.7% - 102,942 66,621 64.7% Complete Design complete. Project cost beyond budget; M Puncheon Run Interceptor Sewer Ext 1,500,000 4,350,000 135,868 4,214,132 3.1% - 21,999 7,868 35.8% Delayed being considered for deletion. Video taping of pipes complete. Smoke test M Inflow/Infiltration Removal 375,000 650,000 97,736 552,264 15.0% 100,000 164,744 12,750 7.7% Started wrapping up. Preliminary report delivered. Totals $ 2,650,000 $ 6,411,000 $ 543,281 $ 5,867,719 8.5% $ 300,000 $ 489,685 $ 268,030 54.7% FY 2006 Design done. Estimate overbudget; being M Southeast Water Loop $ 300,000 $ 930,000 $ 69,920 $ 860,080 7.5% $ - $ 23,095 $ 21,015 91.0% Delayed considered for deletion. Scarborough Road Interconnection 120,000 120,000 51,159 68,841 42.6% - 50,000 51,159 102.3% Complete Done Totals $ 420,000 $ 1,050,000 $ 121,079 $ 928,921 11.5% $ - $ 73,095 $ 72,174 98.7% FY 2007 R Meter Reading Technology Upgrade $ 565,000 $ 725,000 $ 263,809 $ 461,191 36.4% $ 175,000 $ 175,000 $ 67,584 38.6% Started Ongoing installation. Cheswold Well (#8) Replacement 175,000 175,000 4,404 170,596 2.5% 175,000 175,000 4,404 2.5% Started In design. Survey done. Prepare bid spec's. R Misc. Distribution System Improvements 125,000 528,948 25,392 503,556 4.8% 50,000 50,000 25,392 50.8% Started Ongoing installation. R Misc. Sewer System Improvements 140,000 230,000 79,291 150,709 34.5% 20,000 20,000 14,290 71.4% Started Ongoing installation. Totals $ 1,005,000 $ 1,658,948 $ 372,896 $ 1,286,052 22.5% $ 420,000 $ 420,000 $ 111,670 26.6% Grand Totals $ 6,595,000 $ 12,871,148 $ 2,662,625 $ 10,208,523 20.7% $ 1,717,790 $ 2,327,936 $ 1,145,175 49.2% 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 rebudgeted to start over each fiscal year. FY07 CIP Project Report Mar07 417 4/18/2007

City of Dover Electric Improvement & Extension Fund - Major CIP Projects March 2007 PROJECT HISTORY CURRENT FISCAL YEAR Original Revised Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY 2003 Council approved in January. Material M Mayfair 69kv/12kv SS Upgrade $ 555,000 $ 592,988 $ 365,523 $ 227,465 61.6% $ 167,465 $ 196,100 $ - 0.0% Started ordered. Projected completion Spring 08. Totals $ 555,000 $ 592,988 $ 365,523 $ 227,465 61.6% $ 167,465 $ 196,100 $ - 0.0% FY 2005 All material purchased. Ongoing M Radio Read Meter replacement Prog. $ 1,830,000 $ 1,835,000 $ 1,269,552 $ 565,448 69.2% $ 545,000 $ 545,000 $ 530,771 97.4% Started installation -75% complete Construction 75% done. Should be Mayfair to Mid-City 69 kv 650,000 723,200 407,554 315,646 56.4% 375,496 195,055 36,657 18.8% Started complete by end of fiscal year. Totals $ 2,480,000 $ 2,558,200 $ 1,677,106 $ 881,094 65.6% $ 920,496 $ 740,055 $ 567,428 76.7% FY 2006 Design completed; agreement on easement done; survey ordered. Council M 69 KV feeders 3 and 4 $ 11,060,000 $ 14,607,500 $ 34,334 $ 14,573,166 0.2% $ 236,173 $ 236,173 $ 20,507 8.7% Started approval in May. Design completed; contractor done; and M Kesselring Feeder 284,379 349,719 186,030 163,689 53.2% 213,840 93,840 76,196 81.2% Started city crew ready to pull cable. Delayed due to lack of state funding; now Governor's Avenue Rebuild 1,268,450 1,826,568 - 1,826,568 0.0% 1,826,568 - - 0.0% Delayed funded. Pushed to next FY.l Picking locations. Spec should be done, College Road Capacitor 155,000 119,995 5 119,990 0.0% 119,995 119,995 - 0.0% Started and will go to bid this month. FY07 Breakers received. Wiring design M Replacement of 69 KV line breakers 1,200,000 1,050,000 262,400 787,600 25.0% 150,000 230,000 131,200 57.0% Started being completed Totals $ 13,967,829 $ 17,953,782 $ 482,768 $ 17,471,014 2.7% $ 2,546,576 $ 680,008 $ 227,902 33.5% FY 2007 Council approved; material ordered. Mar Lebanon Transformer $ 620,000 $ 535,000 $ 75,084 $ 459,916 14.0% $ 535,000 $ 213,900 $ 75,084 35.1% Started 08 Delivery Dover Downs 69 KV Relocation 700,628 700,628 414,264 286,364 59.1% 700,628 394,148 414,264 105.1% Complete Project complete. Boring and conduit around Wesley R Lighting Project & Rehab 550,000 500,000 522 499,479 0.1% 50,000 50,000 522 1.0% Started College. Lights out to bid. M Denny's Road Upgrade 391,278 581,720 119,207 462,513 20.5% 150,000 150,000 119,207 79.5% Started Conduit construction started. R UG Transformers - New Construction 178,500 178,500 144,744 33,756 81.1% 178,500 177,190 144,744 81.7% Started Ongoing R UG Conductors Devices - New Constr. 695,000 695,000 748,000 (53,000) 107.6% 695,000 990,000 748,000 75.6% Started Ongoing Project complete without need for city funds. Used remaining Duke services System Ops Automation 38,000 - - - 0.0% 38,000 - - 0.0% Complete agreement. Blue Light Security System Call box 25,000 25,000 8,387 16,613 33.5% 25,000 25,000 8,387 33.5% Started Working w/ vendor on GPS mod. Fiber Optics Replacement 75,000 75,000 8,932 66,068 11.9% 50,000 50,000 8,932 17.9% Started CTC contracted. McKee Run Transformer 350,000 350,000 - 350,000 0.0% - 350,000 - 0.0% Started Transformer ordered. College Road Substation 2,960,000 2,960,000 - 2,960,000 0.0% - 525,000 - 0.0% Started Transformer ordered. Transmission Relaying Upgrades 620,000 620,000 - 620,000 0.0% - 100,000 - 0.0% Started Design and engineering started. R Distribution Upgrades 300,000 200,000 252,960 (52,960) 126.5% 200,000 300,000 252,960 84.3% Complete Done Totals $ 7,503,406 $ 7,420,848 $ 1,772,100 $ 5,648,748 23.9% $ 2,622,128 $ 3,325,238 $ 1,772,100 53.3% Grand Totals $ 24,506,235 $ 28,525,818 $ 4,297,497 $ 24,228,321 15.1% $ 6,256,665 $ 4,941,401 $ 2,567,430 52.0% 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 rebudgeted to start over each fiscal year. \\Dover_1\tony\CIP Report\FY07 CIP Project Report Mar07 487 4/18/2007

Memorandum Office of the City Manager PO Box 475 Dover, DE 19903 Phone: (302) 736-7005 Fax: (302) 736-7002 E-mail tdeprima@dover.de.us To: Mayor and City Council From: Anthony J. DePrima, AICP City Manager Date: April 17, 2007 Subject: Semi-Annual Robbins Hose Company Inspection In accordance with Section 46-43 of the City Code, I performed the inspection of the Robbins Hose Company on Tuesday April 17, 2007. I toured Headquarters and the building addition. Renovations are now functionally complete and in use. There are some “punch list” items that need to be addressed. The building is something of which everyone can be very proud to have in Dover. The vehicles appeared to be in their usual good condition. A new command vehicle has been ordered. The old vehicle will be transferred to the Fire Marshal’s office for their use. Motorola has nearly completed the installation of the new Alarm Room Communication System which was one of our larger CIP projects for this year. Improvements at Station 2 are moving forward as approved by City Council. The floor tiling is done and carpet will be installed next week. As you know, funds for this were taken from an account that had accumulated $165,000 for early payoff of Fire Station #2 loan. Once carpeting is completed all remaining funds in the account will be applied toward the loan. Chief Osika hopes to accomplish this in the first half of May. This was my first semi-annual inspection under Chief Osika. I am sure he will prove to be an excellent fire chief and a good steward of the city funds that are entrusted to him. Please feel free to contact me if you have any questions or concerns. /dej cc: Fire Chief Osika c:Tony/City Manager/Robbins Hose Inspection/April 2007 P.O. Box 475, Dover, DE 19903-0475 Community Excellence Through Quality Service

MEMORANDUM TO: Mayor and Members of City Council FROM: Traci A. McDowell, City Clerk DATE: April 23, 2007 SUBJECT: April 17, 2007 - Election Results - 2007 Municipal Election Following are the results of the 2007 Municipal Election, as certified by the Election Judges: FIRST DISTRICT COUNCIL Kenneth L. Hogan 218 David A. Lewis, Jr. 99 Total Votes Cast 317 Total Registered Voters 5,809 In accordance with Title 15 Del.C. §7555(j), where the number of qualified candidates for an office is equal to or less than the number of seats up for election, the Board of Elections shall declare the candidate or candidates elected. Therefore, since the At-Large, Second District, Third District, and Fourth District positions were unopposed, the following will be sworn into office for two (2) year terms: At-Large - Carleton E. Carey, Sr. Second District - Eugene B. Ruane Third District - James G. McGiffin, Jr. Fourth District - Reuben Salters /tm S:\ClerksOffice\Packets\2007\Council\04-23-2007\16 - Election Results - Council.wpd

FIRST READING AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1004 SOUTH STATE STREET. WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-3 (Service Commercial) to C-2A (Limited Central Commercial). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-3 (Service Commercial) to C-2A (Limited Central Commercial) on that property located at 1004 South State Street owned by Sunoco, Inc. ADOPTED: * S:\ClerksOffice\Rezonings\2007\1004 S State Street\ORDINANCE-1st Rdg.wpd

City of Dover Application No.:Z-07-06 Department of Planning & Inspections IO RG-1 RGO WYOMING AVEN UE R-8 C-3 ROOSEVELT AVEN UE REET BRADFORD ST Site STATE STREET C-4 C-1A C-2A SC-2 Plan Title: Lands of Sunoco Plan Type: Rezoning Application Tax Parcels: ED-05-077.17-07-21.00-000 Site Area: .7635 ac. Legend Owners: Sunoco, Inc. (R&M) Present Zoning: C-3 Dover Parcels « Proposed Zoning: C-2A Date: April 17, 2007 Zoning 0 90 180 360 Feet

City of Dover Application No.:Z-07-06 Department of Planning & Inspections IO EET NE STR P I ENUE MONROE TERRACE BRADFORD STREET KL RE ET PAR U S ST GOVERNORS AV E LOT HW WESTVIEW TERRAC ANE AY SUNSET TERRACE H IG O NT D UP WYOMING AVENUE R-8 C-PO Site C-1 C-3 ROOSEVELT AVEN UE STATE STREET R-10 C-1A C-2A RGO SC-2 AY HW G HI CPO NT PO C-4 DU R-20 RM-1 Plan Title: Lands of Sunoco Plan Type: Rezoning Application Tax Parcels: ED-05-077.17-07-21.00-000 Site Area: .7635 ac. Legend Owners: Sunoco, Inc. (R&M) Present Zoning: C-3 Dover Parcels « Proposed Zoning: C-2A Date: April 17, 2007 Zoning 0 380 760 1,520 Feet

FIRST READING BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Appendix B - Zoning Ordinance, Article 3 – Section 2. General Residence Zones (RG-1 and RG-2) be amended by inserting a new section 2.6 as follows: 2.6 Administrative Waivers: The City Planner shall have the authority to waive the Bulk Standards and Parking Requirements of Article 4 Section 4.2 for all non-conforming lots that existed in the RG-1 zone prior to January 1, 2007, when deemed necessary for redevelopment. The applicant must request such waivers in writing, stating the reasons that such waivers are necessary for development or redevelopment of the subject parcel.