Council Packet

REGULAR COUNCIL MEETING AGENDA September 12, 2005 - 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 August 22, 2005 2. Certificate of Recognition - Fleischer’s Bakery * 3. Utility Committee Report - August 22, 2005 A. Cooperative Agreement with Delaware Solid Waste Authority (DSWA) for Voluntary Curbside Recycling B. Update - Division Street Water Main Upgrade 4. Special Parks, Recreation, and Community Enhancement Report - August 23, 2005 A. Presentation - West Side Recreation Center Update * 5. Safety Advisory and Transportation Committee Report - August 23, 2005 A. Approval of Letter to Secretary Hayward B. Briefing on DelDOT Projects - Gary Laing b-1. Signalization Project b-2. Wyoming Mill Road Project b-3. South Governors Avenue Bond Bill Funds C. Review for Endorsements of Projects - Fire Marshal’s Office * 6. Special Tax Appeals Committee Report - September 6, 2005 A. Corrections - Errors in Approved Assessment Register

Council Agenda September 12, 2005 Page 2 7. Legislative, Finance, and Administration Committee Report - September 12, 2005 (Considered during the Committee Meeting held earlier in the evening) A. Evaluation of Bids - Police Station Second Floor Expansion: a-1. Server Room HVAC System a-2. Police Station Emergency Power Generator 8. Evaluation of Bids A. Request to Purchase - 25 Cubic Yard Self Contained Leaf Vacuum B. Generic Subdivision Sign Foundations * 9. Confirmation of Anthony DePrima as Acting Director of Planning and Inspections * 10. Appointment of Search Committee for Director of Planning and Inspections - Council President Williams, Councilmen Hogan, Ruane, and Salters, and Mayor Speed * 11. Appointments by Mayor Speed A. Downtown Dover Development Corporation - Dover Parking Authority Representative - Thomas Smith (To Fill the Unexpired Term of Lyle DeMarie) - Term to Expire April 23, 2006 B. Dover MPO Public Advisory Commission - Reappointment of Prameela Kaza - Two (2) Year Term to Expire July 2007 12. Council Members Comments /jg S:\ClerksOffice\Agendas&Minutes\Council-Agendas\2005\09-12-2005.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 August 22, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, and Mr. Ruane. Mr. Pitts and Mr. Salters were absent. Council staff members present were Police Chief Horvath, Ms. Russell, Mr. Galvin, Mr. DePrima, Deputy City Solicitor Pepper, Mrs. Green, and Mayor Speed. 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 Mr. Carey moved for approval of the agenda, seconded by Mr. Sadusky and unanimously carried. Mr. Ritter requested that item #7D - City Manager’s Report, be removed from the Consent Agenda. Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 8, 2005 The Minutes of the Regular Council Meeting of August 8, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed. Presentation - Douglas VanSant - Dover Parking Authority (6/2000 - 7/2005) On behalf of the City of Dover, Mayor Speed presented Mr. Douglas VanSant with a Dover Cup in appreciation for his service on the Dover Parking Authority from June 2000 through July 2005. Mr. VanSant thanked the Mayor and Council for the recognition, indicating that he has enjoyed serving his community. However, he had hoped for certain accomplishments such as a parking garage, for the Authority to be fiscally sound, and resolution of the Wesley College parking situation. Mr. VanSant thanked City staff, as well as previous and current members of the Dover Parking Authority, for their hard work and dedication.

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 2 Annexation/Rezoning Public Hearing/Final Reading - Property Located on the northwest corner of Kenton Road and Fox Hall Drive and on the south side of Fox Hall Drive adjacent to Kenton Road (Three parcels owned by Clifton A. and Marie F. Hutton) An annexation referendum was held on August 11, 2005 for properties located on the northwest corner of Kenton Road and Fox Hall Drive and on the south side of Fox Hall Drive adjacent to Kenton Road, consisting of three (3) parcels which contain 4.39+/- acres, owned by Clifton A. and Marie F. Hutton. Referendum Results The City Clerk reported that the referendum was held on August 11, 2005 and that two (2) votes were cast in favor of the annexation, with no votes cast against annexation. Mr. Carey moved to accept the referendum results, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent). Annexation By motion of Mr. Carey seconded by Mr. Sadusky Council adopted the following Resolution by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent): 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: PARCEL #1 - ED-00-067.17-01-06.00-000 ALL that certain lot, piece, or parcel of land situated in a subdivision known as ESTHER AND MORRIS ZURKOW, East Dover Hundred, Kent County, Delaware, being the major portion of lot(s) #40 through #46, inclusive, which said lot(s) are as shown in their entirety on a plan recorded in plot book #5 page #42, the lot herein

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 3 described being more recently shown on a plan of ELLIOTT SURVEYING dated 6/25/04, said Elliott Surveying plan being an integral part hereof, said lot lying at the Northwesterly corner of the intersection of County Road #104, Kenton Road (60 feet wide), and Fox Hall Drive (50 feet wide), and being bounded as follows: on the North by lands now or late of Charles R. Cherry, being lot #2 of a subdivision known as “Lands of Clute Bros” as recorded in plot book #2, page #31, on the East by Road #104, on the South by Fox Hall Drive, and on the West by the residue of the said lot(s) #40 through #46, inclusive, being lands now or late of Harold R. and Mary Lou Campbell; being more particularly described as follows: BEGINNING at the above noted intersection, said point also being the point of commencement; thence proceeding from the said point of beginning, with the Northerly side of Fox Hall Drive, South 67 deg. 05 min. 00 sec. West 181.88 feet to a found iron pipe, a corner for lands of the said Campbell, thence with the same the following two (2) courses and distances: (1) North 39 deg. 21 min. 00 sec. West 208.52 feet, thence, (2) North 48 deg. 33 min. 20 sec. West 130.35 feet, measured in part with the below noted proposed street, to a point in line of lands of the said Cherry, said point being located South 48 deg. 33 min. 20 sec. East 0.52 feet from a found iron pipe, thence with line of lands of the said Cherry, along the Northerly side of a proposed Street (60 feet wide), which said proposed Street is as depicted on the above noted “Clute Bros” record plan, North 50 deg. 52 min. 36 sec. East 172.72 feet to a point on the Westerly side of Road #104, thence with the same, along the Easterly side of a 4.448 foot wide permanent easement of the Department of Transportation of the State of Delaware, by the arc of a circle curving to the right (R = 1,607.008 feet) a distance of 389.57 feet (delta = 13 deg. 53 min. 23 sec.) to a point, the point of beginning. Containing within said metes and bounds 1.4521 acres of land, more or less. PARCEL #2 - ED-00-076.06-01-02.00-000 ALL that certain lot, piece or parcel of land with the improvements thereon erected, situated in East Dover Hundred, Kent County, State of Delaware, lying at the southwest intersection of Fox Hall Drive and County Road #104 which leads from Dover to Kenton, being bounded on the north by Fox Hall Drive, on the east by County Road #104, on the south by lands of Carl B. Henrichson and by lands of Dover Country Club and on the west by other lands now or formerly of Morris L. Zurkow and being more particularly described as follows, to-wit: Beginning at the intersection of the south line of Fox Hall Drive with the west line of County Road #104; thence running with the west line of County Road #104 in a southerly direction with a curve to the right, the chord of which bears South twenty- eight (28) degrees fifty-seven (57) minutes East two hundred sixty-two and seventeen one-hundredths (262.17) feet to a point in the west line of County Road #104 at a corner for this lot and for lands of Henrichson; thence running with lands of Henrichson on the two following courses: (1) South sixty-nine (69) degrees six (6) minutes West two hundred (200) feet; thence (2) South twenty-two (22) degrees five (5) minutes East one hundred (100) feet to a corner for this lot and for lands of

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 4 Henrichson in line of lands of Dover Country Club; thence running with lands of Dover Country Club South sixty-nine (69) degrees six (6) minutes West fifty-six and forty-three one-hundredths (56.43) feet to a point in line of lands of Dover Country Club at a corner for this lot and for other lands now or formerly of Morris L. Zurkow; thence running with other lands now or formerly of said Zurkow North twenty-two (22) degrees fifty-two (52) minutes West three hundred fifty-one and sixty-eight one-hundredths (351.68) feet to a corner for this lot and for other lands now or formerly of said Zurkow in the south line of Fox Hall Drive; thence running with the south line of Fox Hall Drive North sixty-seven (67) degrees five (5) minutes East two hundred twenty-nine and eighty-five one-hundredths (229.85) feet to the place of beginning and containing one and fifty-six one-hundredths (1.56) acre of land, be the same more or less; Together with the free and uninterrupted use in common with others of a fifty (50) foot roadway running eastward to State Route #104 separating this parcel from lands of Marvin Berman and others and more particularly described on the east by the Cheeseman lands as recorded in Plot Book 4, Page 7. SUBJECT to the existing restrictions of record. PARCEL #3 - ED-00-076.06.01-01.00-000 ALL that certain lot, piece or parcel of land with the improvements thereon erected, situated in East Dover Hundred, Kent County, State of Delaware, lying on the south side of Fox Hall Drive, a short distance west of County Road #104 which leads from Delaware Route #8 toward Kenton, being bounded on the north by Fox Hall Drive, on the east by lands now or formerly of Frederick J. Seufert, lands now or formerly of Morris L. Zurkow, on the south by lands nor or formerly of Dover Country Club and on the west by lands now or formerly of Robert J. Zurkow, et ux, and being more particularly described as follows, to-wit: BEGINNING at a point in the south line of Fox Hall Drive at a corner for this parcel and for lands of aforeseaid Seufert, said point of beginning being South sixty-seven (67) degrees five (5) minutes West of and two hundred twenty-nine and eighty-five one-hundredths (229.85) feet from the intersection of the south line of Fox Hall Drive with the west line of County Road #104; thence running from said point of beginning with lands of aforesaid Seufert South twenty-two (22) degrees fifty-two (52) minutes East three Hundred fifty-one and sixty-eight one-hundredths (351.68) feet to a corner for this parcel and for lands of aforesaid Seufert in line of Dover Country Club; thence running with lands of Dover Country Club South sixty-nine degrees six (6) minutes West one hundred sixty and fifty-seven one-hundredths (160.57) feet to a point in line of lands of Dover Country Club at a corner for this parcel and for other lands of aforesaid Zurkow; thence running with other lands of aforesaid Zurkow north twenty-six (26) degrees twenty-five (25) minutes West three hundred thirty-six (336) feet to a corner for this parcel and for other lands of aforesaid Zurkow in the south line of Fox Hall Drive; thence running with the south line of Fox Hall Drive on the following two courses: (1) in an easterly direction with

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 5 a five hundred seventy-three and seven tenths (573.7) feet radius curve to the right, and arc distance of one hundred ten (110) feet; thence (2) North sixty-seven (67) degrees five (5) minutes East seventy and fifteen one-hundredths (70.15) feet to the place of beginning and containing one and thirty-four one-hundredths (1.34) acre of land, be the same more or less. AND BEING the same lands and premises conveyed unto Robert J. Zurkow and Frances Zurkow, his wife, by deed of Morris L. Zurkow, widower, dated January 3, 1972, and of record in the office of the Recorder of Deeds in and for Kent County, Delaware, in Deed book O, Vol. 27, page 5. The aforesaid Robert J. Zurkow having since departed this life, leaving to survive him, his wife, Frances Zurkow, who thereupon became seized of the above-described lands and premises, in fee. 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 23rd day of August, 2005 at 12:01 a.m. o'clock. ADOPTED: AUGUST 22, 2005 Public Hearing - Zoning Classification Mr. James Galvin, City Planner, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #1). The Planning Commission recommended a zoning classification of RM-1 (Medium Density Residence). Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed. Mr. Carey moved that the property be zoned RM-1 (Medium Density Residence), as recommended by the Planning Commission. The motion was seconded by Mr. Sadusky and by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent), Council adopted the following ordinance (the First Reading of the proposed ordinance was accomplished during the Council Meeting of July 11, 2005):

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 6 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF KENTON ROAD AND FOX HALL DRIVE AND ON THE SOUTH SIDE OF FOX HALL DRIVE ADJACENT TO KENTON ROAD WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RS-1 - Single Family Residential (Kent County Zoning Classification) to RM-1 (Medium Density Residence) (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 (Kent County zoning classification) to RM-1 (Medium Density Residence) (City of Dover Zoning Classification) on that property located on the northwest corner of Kenton Road and Fox Hall Drive and on the south side of Fox Hall Drive adjacent to Kenton Road, owned by Clifton and Marie Hutton. ADOPTED: AUGUST 22, 2005 Annexation/Rezoning Public Hearing/Final Reading - Property Located at 80 Nixon Lane (owned by Traci A. McDowell and Craig L. Gahm) An annexation referendum was held on August 11, 20054 for property located at 80 Nixon Lane, owned by Traci A. McDowell and Craig L. Gahm. Referendum Results The City Clerk reported that the referendum was held on August 11, 2005 and that two (2) votes were cast in favor of the annexation, with no votes cast against annexation. Mr. Hogan moved to accept the referendum results, seconded by Mr. Sadusky and carried by a unanimous roll call vote. Annexation By motion of Mr. Carey seconded by Mr. Hogan, Council adopted the following Resolution by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent): 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

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 7 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 that certain lot, piece or parcel of land with the improvements erected thereon, situated in East Dover Hundred, Kent County and State of Delaware, lying on the west side of Nixon Lane and on the east side of Girl Scout Lane (Unopened), a short distance north of North Little Creek Road; being bounded on the east by Nixon Lane; on the south by lands now or late of John T. Taylor; on the west by Girl Scout Lane (Unopened); on the north by lands now or late of Glendon & Elaine D. McDowell and being more particularly described in accordance with a recent survey by Earl D. Smith, Inc., Professional Land Surveyors dated April 18, 2001 as follows to wit: Beginning at a set pipe in the west line of Nixon Lane at a corner for this lot and lands now or late of John T. Taylor; said point of beginning commencing from the intersection of the north right of way line of North Little Creek Road with the west line of Nixon Lane, running in a northwesterly direction with the west line of Nixon Lane a distance of 575.00 feet more or less to the point of beginning; thence running from said point of beginning with lands now or late of John T. Taylor, South 81 deg. 35 min. 00 sec. West 175.00 feet to a set pipe at a corner for this lot and lands now or late of Taylor in the east line of Girl Scout Lane (Unopened); thence running with the east line of Girl Scout Lane (Unopened), North 08 deg. 25 min. 00 sec. West 250.00 feet to a set pipe in the east line of Girl Scout Lane (Unopened) at a corner for this lot and lands now or late of Glendon & Elaine D. McDowell; thence running with said lands now or late of McDowell, North 81 deg. 35 min. 00 sec. East 175.00 feet to a set pipe at a corner for this lot and lands now or late of McDowell in the west line of Nixon Lane; thence running with the west line of Nixon Lane, South 08 deg. 25 min. 00 sec. East 250.00 feet to the point and place of beginning and containing 1.0044 acres of land be the same, more or less. Tax Parcel: ED-00- 068.19-01-10.00-000 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.

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 8 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 23rd day of August, 2005 at 12:01 a.m. o'clock. ADOPTED: AUGUST 22, 2005 Public Hearing - Zoning Classification Mr. James Galvin, City Planner, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #2). The Planning Commission recommended a zoning classification of R-8 (One Family Residence). Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed. Mr. Carey moved that the property be zoned R-8 (One Family Residence), as recommended by the Planning Commission. The motion was seconded by Mr. Sadusky and by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent), Council adopted the following ordinance (the First Reading of the proposed ordinance was accomplished during the Council Meeting of July 11, 2005): AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 80 NIXON 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 Residential (Kent County Zoning Classification) to R-8 - One Family Residential (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 - Single Family Residential (Kent County Zoning Classification) to R-8 - One Family Residential (City of Dover Zoning Classification) on that property located at 80 Nixon Lane, owned by Traci A. McDowell and Craig L. Gahm. ADOPTED: AUGUST 22, 2005

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 9 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - AUGUST 8, 2005 The Legislative, Finance, and Administration Committee met on August 8, 2005 with Councilman Slavin presiding. Council Training - Voting System During the previous fiscal year, Council approved a Voting System/Meeting Management Project which authorized the purchase of an electronic voting system and speaker time display for Council meetings. It was noted that, in addition to City Council, the system could be utilized by the various committees and commission of the City as well. The current manner for voting by City Council is very antiquated and does not provide fairness for voting members, particularly those voting first and last. By having all members voting simultaneously and then displaying the results for view by all at the same time, it provides fairness to all members of City Council. Mrs. Green, City Clerk, advised members that the City has purchased the TyBreaker from Tybrin Corporation and that the system includes nine wireless voting stations (keypads), a clerk’s station, a vote display, and a request-to-speak system. The Council Chambers now has two (2) flat screen panels to display the vote results for members, as well as the audience. She also indicated that Tybrin Corporation is in the process of developing an improved “request-to-speak” system; however, she suggested that use of the request-to-speak portion of the system be delayed until members become accustomed to the voting portion of the system. Members conducted a few practice sessions utilizing the new voting system and as a result, changes were made to the default voting requirements (i.e. defining majority vote, etc.). Revenue Forecasting Mr. Slavin explained that after going through two (2) complete budget cycles, it was his feeling that there are opportunities for improving forecasting for revenues. He suggested that staff provide members of Council with Revenue Forecast Reports and that they be submitted on a quarterly basis. He suggested that the reports be reviewed by members during the first Council Meetings of the months of October, January, April, May, and June. For the first three meetings, the reports would contain information on the previous quarter and then be reviewed on a monthly basis just prior to and during the budget review. Mr. Slavin relayed his opinion that the reports would be presented directly to Council. This would provide members the opportunity to give staff direction for developing the next year’s revenue projections. After much discussion, members requested that staff develop a mocked up report based on the committee discussions, utilizing real time figures, to be presented to the committee at their next meeting. Mr. Ruane suggested that staff include footnotes giving explanations for any increases or decreases for further clarification. Although he originally intended the report to include those revenues for the General Fund, based on the committee comments, Mr. Slavin stated that staff should develop such a report for Electric and Water/Wastewater as well.

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 10 There was no further action taken by Council. By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Sadusky and unanimously carried. UTILITY COMMITTEE REPORT - AUGUST 22, 2005 The Utility Committee met on August 22, 2005 with Chairman Carey presiding. Annexation Request - Lands of Mary Francis O’Connor - 174 Mifflin Road During the committee meeting held earlier this evening, members considered a request for annexation of property located at 174 Mifflin Road, owned by Mary Francis O’Connor, with a zoning classification of R-8 (One Family Residential). The Department of Public Works has determined that the City does have the ability to provide utilities sufficient for the proposed uses. The committee recommended that the City move forward with the consideration of the annexation request for property located at 174 Mifflin Road. Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent), Council adopted the following Resolution: A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA. 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 located at 174 Mifflin Road, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That a special election be held for an area located at 174 Mifflin Road situated in East Dover Hundred, Kent County, State of Delaware. 2. That the election be held on the 13th day of October, 2005 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon. 3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 11 4. That this resolution be published in accordance with the City of Dover Charter. ADOPTED: AUGUST 22, 2005 Annexation Request - Lands of Dover International Speedway, Inc. - West of SR 1 and Adjacent to Old Leipsic Road and Leipsic Road and North of Finish Line Drive During the committee meeting held earlier this evening, members considered a request for annexation of properties located west of SR 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of 17 parcels totaling 11.08+/- acres, owned by Dover International Speedway, Inc., with a zoning classification of RC (Recreation Commercial). The Department of Public Works has determined that the City does have the ability to provide utilities sufficient for the proposed uses. The committee recommended that the City move forward with the consideration of the annexation request for properties located west of SR 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of 17 parcels totaling 11.08+/- acres. Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent), Council adopted the following Resolution: A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA. 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 located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of seventeen (17) parcels totaling 11.08+/- acres, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That a special election be held for an area located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of seventeen (17) parcels totaling 11.08+/- acres, in East Dover Hundred and Little Creek Hundred, Kent County, State of Delaware. 2. That the election be held on the 13th day of October, 2005 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 12 3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended. 4. That this resolution be published in accordance with the City of Dover Charter. ADOPTED: AUGUST 22, 2005 Mr. Hogan moved for acceptance of the Utility Committee Report, seconded by Mr. Sadusky and unanimously carried. MONTHLY REPORTS - JULY 2005 By motion of Mr. Carey, seconded by Mr. Sadusky, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report City Clerk/Alderman Report (Fines) Mayor's Report Planning and Inspections Report Referring to the City Manager’s Report, Mr. Ritter commended staff for the inclusion of the Water Production/Bill Consumption/Flow to Kent County graph (as depicted on page 14). It was his feeling that the graph provides a better understanding of the City’s water production and uses. Referring to the CIP Project Updates throughout the City Manager’s Report, Mr. Ritter requested that the project numbers, as provided in the Budget Report, also be listed. This would provide easy correlation of projects for reviewing budget balances, as provided in the Budget Report, and the percentage of work completed, as provided in the City Manager’s Report. Mr. Ritter moved for acceptance of the City Manager’s Report, seconded by Mr. Slavin and unanimously carried. EVALUATION OF BIDS - SCADA REMOTE TERMINAL UNITS (RTUs) Members reviewed a request for the purchase of three (3) SCADA Remote Terminal Units (RTUs) for the Warehouse Substation, Parkland/VanSant Substation, and St. Jones Substation. Although there are only two (2) RTUs reflected in the CIP, due to a cost reduction/savings, staff would be able to purchase three (3) RTUs under the original amount budgeted. Members were advised the RTUs provide information from field locations back to the Electric Department’s SCADA System. If these input devices fail, there is a loss of information, which causes a loss of control of the system. Outages, property loss, and loss of life could result due to the loss of the input from a failed RTU. The proposed RTUs will replace old ones that are no longer supported by the manufacturers and spare parts are no longer being manufactured. As these units fail, it has become extremely expensive to have parts custom-made.

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 13 Staff recommended issuing a purchase order to the sole vendor, Siemens Power Transmission and Distribution, Inc., in the amount of $26,680 for the purchase of three (3) RTUs (Warehouse Substation - $7,662; Parkland/VanSant Substation - $7,662; and St. Jones Substation - $11,356). Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent). EVALUATION OF BIDS - TAX ASSESSMENT CONTRACTUAL SERVICES Due to the retirement of the City Tax Assessor, it is necessary to obtain contractual services for general assessment services during the period that the City is recruiting and hiring a full-time City Assessor. Mr. DePrima, City Manager, explained that general assessment and appraisal services includes: data collection; photography; mapping; sales verification; building permit (new construction/demolition) inspections; appraisal; field value review; quality control/assurance; database analysis/statistics/reporting; public/client meetings; and office management activities. Mr. DePrima indicated that due to the short-term nature of the contract and for continuity of service, this would be a sole vendor contract for Tyler Technologies, who was awarded the last contract and has been assisting the City to date under the 2004 contract. Since this was not a budgeted expense, he stated that it would be necessary to transfer funds for this expense from the salary and benefit savings due to the retirement of the Tax Assessor. Staff recommended authorizing the City Manager to sign the contract with Tyler Technologies’ Assessment & Tax Division for General Assessment/Appraisal Services at a rate of $700 per diem, and additional assessment services at the rates set forth (as on file in the Office of the City Clerk), and authorizing the City Manager to transfer money from salary lines in the Tax Assessor’s budget to Contractual Services. Mr. Ruane moved to authorize the City Manager to enter into a contract with Tyler Technologies for General Assessment/Appraisal Services as recommended by staff. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent). APPOINTMENT BY MAYOR SPEED - DOVER HUMAN RELATIONS COMMISSION - DAVID L. ANDERSON Mayor Speed recommended the appointment of David L. Anderson to serve on the Dover Human Relations Commission for a term to expire February 2007, to fill the unexpired term of Michael Malkiewicz. By consent agenda, Mr. Carey moved for approval of the appointment of Mr. Anderson, as recommended by Mayor Speed. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent).

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 14 APPOINTMENT BY MAYOR SPEED - PLANNING COMMISSION THIRD (3rd) DISTRICT REPRESENTATIVE - JOHN H. BALLDWIN, SR. Mayor Speed recommended the appointment of Mr. John H. Balldwin, Sr. to serve on the Planning Commission as the Third (3rd) District Representative for a term to expire June 2007, to fill the unexpired term of Mr. Frances Winsley. By consent agenda, Mr. Carey moved for approval of the appointment of Mr. Balldwin, as recommended by Mayor Speed. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Pitts and Mr. Salters absent). ANNEXATION/REZONING REQUEST/FIRST READING - 174 MIFFLIN ROAD, OWNED BY MARY FRANCIS O’CONNOR A request was received for annexation and rezoning of property located at 174 Mifflin Road, owned by Mary Francis O’Connor. The property is currently zoned RS-1 - Single Family Residential (Kent County) and the requested zoning is R-8 - One Family Residential (City of Dover). Staff recommended that the request be referred to the Planning Commission and that a public hearing be set for October 24, 2005 at 7:30 p.m.. City Clerk’s Office Note: The referendum was set earlier in the meeting resulting from the Utility Committee’s recommendation. Mr. Carey moved for approval of staff's recommendation and to acknowledge the First Reading of the rezoning ordinance by title only. The motion was seconded by Mr. Sadusky and unanimously carried. In accordance with Section 1-6 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 174 MIFFLIN ROAD. ANNEXATION/REZONING REQUEST/FIRST READING - PROPERTIES LOCATED WEST OF STATE ROUTE 1 AND ADJACENT TO OLD LEIPSIC ROAD AND LEIPSIC ROAD AND NORTH OF FINISH LINE DRIVE, CONSISTING OF 17 PARCELS TOTALING 11.08+/- ACRES, OWNED BY DOVER INTERNATIONAL SPEEDWAY, INC. A request was received for annexation and rezoning of properties located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of 17 parcels totaling 11.08+/- acres, owned by Dover International Speedway, Inc. The property is currently zoned AR - Agricultural Residential (Kent County) and the requested zoning is RC - Recreation Commercial (City of Dover). Staff recommended that the request be referred to the Planning Commission and that a public hearing be set for October 24, 2005 at 7:30 p.m.. City Clerk’s Office Note: The referendum was set earlier in the meeting resulting from the Utility Committee’s recommendation. Mr. Carey moved for approval of staff's recommendation and to acknowledge the First Reading of the rezoning ordinance by title only. The motion was seconded by Mr. Sadusky and unanimously carried.

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 15 In accordance with Section 1-6 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 WEST OF STATE ROUTE 1 AND ADJACENT TO OLD LEIPSIC ROAD AND LEIPSIC ROAD AND NORTH OF FINISH LINE DRIVE, CONSISTING OF 17 PARCELS TOTALING 11.08+/- ACRES REZONING REQUEST/FIRST READING - 700-708 FOREST STREET AND 12-16 LINCOLN STREET, OWNED BY FRANK R. MOORE, PAUL T. MOORE, PAUL T. MOORE, JR., PAUL T. MOORE TRUSTEE, AND AIKO MOORE TRUSTEE A request was received to rezone properties located at 700-708 Forest Street and 12-16 Lincoln Street, owned by Frank R. Moore, Paul T. Moore, Paul T. Moore, Jr., Paul T. Moore Trustee, and Aiko Moore Trustee. The property is currently zoned IO (Institutional and Office) and the requested zoning is C-3 (Service Commercial). Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. By motion of Mr. Slavin, seconded by Mr. Carey, Council unanimously referred the request to the Planning Commission and set a public hearing for October 10, 2005 at 7:30 p.m. In accordance with Section 1-6 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 700-708 FOREST STREET AND 12-16 LINCOLN STREET. Council Members Comments Council President Williams reminded members that during the last meeting, Mr. Ritter had questioned if there was a conflict with Mr. Leary serving as Chair of the 2005 Charter review Committee since he currently serves as the Chairman of the Election Board. Some members indicated that they thought Mr. Leary was intending to resign from the Election Board. She reported that Mr. Leary does not plan to resign from his current term on the Election Board, which will expire May 2006, and after talking with our Deputy City Solicitor, she assured members that there is no conflict of interest for Mr. Leary serving on both the Election Board and the 2005 Charter Review Committee. Mr. Ritter explained that his concern was with Mr. Leary serving as Chair of two (2) committees, when there are several members of Council that do not serve as chair of any committees.

CITY COUNCIL MEETING OF AUGUST 22, 2005 PAGE 16 Mr. Carey moved for adjournment, seconded by Mr. Sadusky and unanimously carried. Meeting Adjourned at 8:06 P.M. JANICE C. GREEN CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of August 22, 2005, are hereby approved. STEPHEN R. SPEED MAYOR /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 Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report for Property located on Kenton Road/Fox Hall Drive, owned by Clifton A. And Marie F. Hutton Exhibit #2 - Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report for Property located at 80 Nixon Lane, owned by Traci A. McDowell and Craig L. Gahm

Certificate of Recognition WHEREAS, after World War II Mr. and Mrs. Fleischer opened their first bakery in Rehoboth then moved to Dover in 1956; and WHEREAS, Fleischer’s Bakery has been a trusted and dependable business on Governor’s Avenue in downtown Dover for nearly 50 years; and WHEREAS, since the untimely passing of Mr. Fleischer in 1970, Mrs. Fleischer and her daughters have spent countless hours keeping the family run business open; and WHEREAS, the Fleischer’s commitment to provide delicious, quality baked goods to the citizens of Dover has made Fleischer’s Bakery a landmark in our community; and, WHEREAS, it is deemed an honor and a privilege to present this Certificate of Recognition to Fleischer’s Bakery The City of Dover acknowledges the tremendous contribution the Fleischer Family has made to our community and extends best wishes on all of your future endeavors. STEPHEN R. SPEED BEVERLY C. WILLIAMS Mayor Council President

UTILITY COMMITTEE The Utility Committee Meeting was held on August 22, 2005, at 5:30 p.m. with Chairman Carey presiding. Members present were Mr. Ruane, Mr. Sadusky, Mr. Cregar, and Mr. Snaman. Members of Council present were Mr. Ritter (arrived at 5:40 p.m.), Mr. Hogan, and Council President Williams. Mayor Speed was also present. AGENDA ADDITIONS/DELETIONS Mr. Sadusky moved for approval of the agenda, seconded by Mr. Snaman and unanimously carried. Cooperative Agreement with Delaware Solid Waste Authority (DSWA) for Voluntary Curbside Recycling In September 2005, the Delaware Solid Waste Authority (DSWA) will begin offering voluntary curbside recycling in Kent County. This is an expansion of the program that has been active in New Castle County for over a year. In New Castle County there are 4,316 customers using this service, with the average customer recycling 26 lbs. per week. Customers pay $6 per month for the service unless they are served by a waste hauler who partners with the DSWA and offers a discount. Members were provided a letter dated June 13, 2005 from the DSWA requesting that the City of Dover enter into a partnership similar to the partnerships that DSWA has with private haulers in New Castle County. In this proposal, the City of Dover would act as the enrolling and billing agent for the program and, in exchange, the DSWA would reduce the household charge from $6 to $4. The DSWA would run the program, including providing recycling containers and bags, educational and promotional programs, and weekly pickup. The DSWA recycling pickup days would be the same as our trash pickup. Mr. DePrima advised members that several residents currently use the recycling drop-off centers. According to the recent citizen survey, 56% of the respondents in 2005 and 58% in 2004, which represents approximately 6,800 households, indicated that they recycle paper, cans and/or bottles. When asked how they would rate the quality of recycling services, the citizens rated the City only 45 out of 100 points--one of the lowest ranking services. It was Mr. DePrima’s opinion that those residents who participate in the voluntary drop-off program would like the option of paying for the convenience of curbside recycling and that they would appreciate the $2 per month discount that the cooperative agreement would afford. Mr. DePrima indicated that a curbside recycling program would probably increase recycling usage in Dover because some residents do not participate using the igloos; however, they would pay for curbside recycling because of its convenience. It is also assumed that more people would use the program if the cost was $4 per month rather than $6 per month. The increased recycling usage will reduce the City’s landfill costs. For example, assuming that 60 households (one-half percent of households) start recycling as a result of the program, 40.5 tons of waste would be diverted per year from the City’s sanitation trucks. This would reduce the City’s landfill fees by approximately $2,500 per year. In addition to this savings, there would be five (5) fewer trips taken to the landfill, which would reduce gas and truck maintenance costs. It would also save five (5) hours of travel time which allows additional hours of operations in the City. These cost and labor savings would more than

UTILITY COMMITTEE MEETING OF AUGUST 22, 2005 PAGE 2 make up for the costs involved in enrolling participants and adding the fee to our existing utility bills. Mr. Richard Von Stetten, DSWA, assured members that for a fee of $6.00 per month, DSWA will pick up all recycling and that for an additional $3.00, the customer is entitled to dispose of yard waste (4 “tan” bags per week). He stated that curbside recycling in the City could result in the removal of the igloos, depending on their continued use. In accordance with the proposed agreement, the DSWA would be responsible and provide for all advertising and customer services. The City would only be responsible for the billing aspect of the agreement. Mr. Von Stetten indicated that in order to provide the service at $4.00 per month, it would be necessary to have a minimum of 500 customers. Mr. Ruane relayed concern with the discount being based on the number of customers. Responding, Mr. Von Stetten stated that a minimum of 500 customers would make it affordable for DSWA to provide the discount. He also advised members that there are users who currently pay full price for this service and that the reduced price is offered in conjunction with a partnership with a waste hauler who provides for a minimum number of customers. Mr. Ruane moved to table the item to provide the City Manager the opportunity to meet with the DSWA to clarify a definitive minimum number of customers and cost. The motion was seconded by Mr. Sadusky and unanimously carried. During the latter part of the meeting, Mr. Carey advised members that the City Manager and representatives of the DSWA had discussed the customer and cost issues further and have reached an agreement. Mr. Snaman moved to remove the item from the table, seconded by Mr. Ruane and unanimously carried. Mr. DePrima advised members that the DSWA is willing to offer a pilot program for one year at $4.00 per month for each customer, with the goal of obtaining 500 customers. If that goal is not achieved, the matter will be re-evaluated. The customers will be notified of any price change and will be provided the opportunity to discontinue the service. Mr. Ritter questioned how damage caused by DSWA trucks would be handled. Responding, Mr. Von Stetten indicated that DSWA would manage any damage complaints and assured members that they would take responsibility in this regard. Mr. DePrima stated that once approved, the City would be responsible for signing up customers and notifying the DSWA to begin recycling pickup. The assigned pickup days for residents will not change, both household and recycle trash will be managed the same day. Mr. Ritter requested that customers be reminded that recycling is considered waste and that they should not put the bags out for pickup prior to 7:00 p.m., in accordance with the City’s ordinance.

UTILITY COMMITTEE MEETING OF AUGUST 22, 2005 PAGE 3 Responding to Mrs. Williams, Mr. Tom Houska, Chief of Administrative Services with DSWA, advised members that the legislation introduced by the Governor does not include mandatory recycling. He stated that he is not aware of any State that mandates recycling. Mr. Ruane moved to recommend that the City enter into a cooperative agreement with DSWA for a pilot voluntary curbside recycling program with the rates ($4 per month, per household) being in accordance with the letter dated June 13, 2005 (Attachment #1), with the understanding that the DSWA would have the option to re-evaluate the pricing only after one (1) year if the minimum customer base of 500 is not achieved, and provide the customers the option to opt out if the price for the service increases. The motion was seconded by Mr. Snaman and unanimously carried. Ms. Tonda Parks, Director of DSWA, Citizens Affairs Committee, stated that she is a resident who has voluntarily signed up for the service at the $6.00 rate and relayed appreciation to the City for their willingness to participate in this program. Annexation Request - 174 Mifflin Road - owned by Mary Francis O’Connor Members reviewed a request for annexation of property located at 174 Mifflin Road, owned by Mary Francis O’Connor, with a zoning classification of RS-1 - Single Family Residential (Kent County). The Department of Public Works has determined that the City does have the ability to provide utilities sufficient for the proposed uses. Mr. Galvin, Director of Planning and Inspections, indicated that the annexation/rezoning request is scheduled to be considered by Council during their Regular Meeting later in the evening and that if approved, the request will be referred to the Planning Commission for September 19, 2005 and a public hearing before City Council would be scheduled for October 24, 2005 at 7:30 p.m. Mr. Snaman moved to recommend that the City move forward with the consideration of the annexation request for property located at 174 Mifflin Road (Attachment #2 - Resolution Setting Annexation Referendum for October 13, 2005). The motion was seconded by Mr. Cregar and unanimously carried. City Clerk’s Office Note: Consideration of an annexation request by the committee is to consider infrastructure issues and the ability to provide city services; therefore, approval of the committee’s recommendation does not annex said property. Final action on this annexation request will take place during the Council Meeting of October 24, 2005. Annexation Request - Properties Located West of State Route 1, Adjacent to Old Leipsic Road and Leipsic Road, and North of Finish Line Drive - owned by Dover International Speedway, Inc. Members reviewed a request for annexation of property located west of State Route 1, adjacent to Old Leipsic Road and Leipsic Road, and north of Finish Line Drive, consisting of 17 parcels totaling 11.08+/- acres, owned by Dover International Speedway, Inc., with a zoning classification of AR - Agricultural Residential (Kent County). The Department of Public Works has determined that the City does have the ability to provide utilities sufficient for the proposed uses.

UTILITY COMMITTEE MEETING OF AUGUST 22, 2005 PAGE 4 Mr. Galvin, Director of Planning and Inspections, indicated that the annexation/rezoning request is scheduled to be considered by Council during their Regular Meeting later in the evening and that if approved, the request will be referred to the Planning Commission for September 19, 2005 and a public hearing before City Council would be scheduled for October 24, 2005 at 7:30 p.m. Mr. Ruane noted that typically, during the committee review of annexation requests, members are provided a cost benefit analysis with the packet material and questioned if the procedure had been changed. Responding, Mr. Galvin stated that the information has not been completed for presentation to members; however, he assured members that the information would be provided to Council when they consider the annexation for approval. Mr. Ruane moved to recommend that the City move forward with the consideration of the annexation request for properties located west of State Route 1, adjacent to Old Leipsic Road and Leipsic Road, and north of Finish Line Drive, consisting of 17 parcels totaling 11.08+/- acres (Attachment #3 - Resolution Setting Annexation Referendum for October 13, 2005). The motion was seconded by Mr. Sadusky and unanimously carried. City Clerk’s Office Note: Consideration of an annexation request by the committee is to consider infrastructure issues and the ability to provide city services; therefore, approval of the committee’s recommendation does not annex said property. Final action on this annexation request will take place during the Council Meeting of October 24, 2005. Mr. Ruane moved to forward these annexation requests to Council for their review and consideration during their meeting later in the evening, seconded by Mr. Sadusky and unanimously carried. Update - Division Street Water Main Upgrade Mr. Koenig provided members an update on the Division Street Water Main Upgrade, explaining that the initial scoping of the project provided for the work to begin at State Street and continue across U.S. 13 to the rear of Edgehill Shopping Center. There was a 16" main installed in the early 1990's that came in from the Water Treatment Plant. Currently there are two (2) older mains in State Street : the original water system main, installed approximately 1881-1883, which remains in service; and 2) a larger diameter main. Both of these lines are cast iron. Staff has been developing a reasonable alignment that would put the new water main in an advantageous location for both the State of Delaware and City of Dover and reduces potential impact from vibration, traffic, etc. Mr. Koenig stated that staff has concluded that with the tightness of the right-of-way and the other utility lines located in the right-of-way, digging work will begin along the southern side, immediately adjacent to the old water line. Once Council approved the time and material contract with George & Lynch, a scoping meeting was held to review the location of the line, estimated construction schedule, and the ability to install the line to be completed before the paving program. All the necessary permits should be obtained by the end of this week to allow construction to proceed. Mr. Koenig advised members that DelDOT wishes to begin the paving project in this area by mid- September. Therefore, it is imperative that the City begin this project immediately, which is what staff has been and will continue to work towards.

UTILITY COMMITTEE MEETING OF AUGUST 22, 2005 PAGE 5 Mr. Snaman moved for adjournment, seconded by Mr. Sadusky and unanimously carried. Meeting Adjourned at 6:27 P.M. Respectfully submitted, Carleton E. Carey, Sr. Chairman CEC/jg S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\08-22-2005 Utility.wpd Attachments Attachment #1 - Letter dated June 13, 2005 from Thomas E. Houska, Chief of Administrative Services for DSWA Attachment #2 - Annexation Resolution - 174 Mifflin Road Attachment #3 - Annexation Resolution - West of State Route 1, Adjacent to Old Leipsic Road and Leipsic Road, and North of Finish Line Drive

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT The Parks, Recreation, and Community Enhancement Committee meeting was held on August 23, 2005, at 12:00 p.m. with Chairman Sadusky presiding. Members present were Mr. Ruane, Mr. Pitts, and Mr. Truitt. Mr. Long was absent. Mr. Carey and Mr. Ritter were also present. AGENDA ADDITIONS/DELETIONS Mr. Pitts moved for approval of the agenda, seconded by Mr. Truitt and unanimously carried. Presentation - West Side Recreation Center Study Mr. Zach Carter, Parks and Recreation Director, provided a Power Point presentation of the proposed West Side Recreation Center (Attachment #1). Mr. Carter advised members that staff met with various organizations in an effort to inform them of the project and to gain support. He noted that the Greater Dover Committee has been researching quality of life issues, including conducting community focus groups led by trained facilitators. The result of this research identified recreational needs for children and families as one of the greatest priorities for greater Dover. Mr. Carter stated that Kent County Levy Court has set aside $300,000 for this project; Dover Downs has committed to $100,000; and The Longwood Foundation and The Welfare Foundation have awarded $250,000 and $50,000, respectively; however, those funds are contingent upon the City of Dover raising all the funding necessary to allow the project to proceed as planned by December 31, 2005, at which time, if the contingencies have not been met, the City would need to reapply for the funds. Mr. Carter advised members that the goal for the project is approximately $2.9 million, with a secured revenue to date of $1.7 million. The $1.3 million gap can be narrowed to $800,000 by downscaling the building, fund-raising through naming rights and a Community Transportation Fund to pave the parking lot. Mr. DePrima presented the following options for the Westside Recreation Center: Option A1 - Use the FY05 Carry Over Funds in the amount of $300,000, Partnership for Use of Space (CDSA) $100,000, and “In Lieu of Tax” from the State in the amount of $400,000. Option A2 - Partnership for use of space in the amount of $100,000 (CDSA) and City financing in the amount of $700,000, either through bonding or borrowing from reserve funds, which would be paid back with interest. He noted that two developers have offered to finance and build the center with a city lease and donation back to the City after 30 years. Option B - Move forward with the design of the project using the $300,000 designated by Kent County and continue seeking additional funds through partnerships and reapplying for State funding for FY07.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF AUGUST 23, 2005 PAGE 2 Option C - Do not build the recreation center and continue to lack in meeting the rapidly growing needs of the community. Staff recommended beginning the design in conjunction with Kent County, reserving $300,000 of the FY05 excess fund balance, evaluating full funding/financing at the mid-year review, further exploring partnerships with Kent County and the Boys and Girls Clubs, and requesting Community Transportation Funds from area legislators. Mr. William F. Holden, member of the Greater Dover Committee and Chair of the Sub-Committee dealing with Youth and Recreation, stated that the Greater Dover Sub-Committee held a number of focus groups with a broad cross-section of the community. Mr. Holden suggested that the problems occurring in the Downtown Dover area could be the result of a lack of recreation for youth in this area. Mr. Michael Malkiewicz, member of the Greater Dover Committee and the Sub-Committee dealing with Youth and Recreation, advised members that The Greater Dover Sub-Committee selected the revitalization of downtown Dover and Youth and Recreation as prime focus areas and; therefore, has met with various organizations such as the Boys and Girls Club, YMCA, Salvation Army, Kent County Parks and Recreation, Dover Parks and Recreation, Capital School District, Dover Public Library staff, Dover Police Athletic League staff and the Children Mentor Program staff. These meetings confirmed that there is a need for additional indoor recreation in the Dover area and The Greater Dover Committee and Sub-Committee endorses the West Side Recreation Center. Mr. Malkiewicz noted that The West Side Recreation Center program is a very big step for the City and the quality of life for all citizens in and around the City of Dover. He requested that the City commit to providing the funding necessary to maintain the funding offered by The Longwood Foundation and The Welfare Foundation. Mr. Malkiewicz offered to present a more detailed presentation or meet with individuals regarding this project. Responding to Mr. Ruane, Mr. Holden stated that it may be possible for the Greater Dover Committee to contribute $8,000 to $10,000 from next years budget as a show of good faith. Mr. Ritter questioned how the increased staff and operating costs would be paid for. Mr. DePrima stated that, according to the operating pro-forma provided to City Council regarding income and operating costs, the deficit was equal to one and one half percent of the total general fund budget. Responding to Mr. Ritter, Mr. DePrima stated that the engineering firm included higher estimates in their initial cost projection to allow for possible price increases. Mr. Carter advised members that he spoke with the engineering firm two (2) weeks ago and they consulted with the construction firms and confirmed that the estimates were still within the current range. Mr. Ritter, noting that approximately 60% of the children participating in City programs live outside of the City, suggested that City residents should take priority when registering and should possibly

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF AUGUST 23, 2005 PAGE 3 receive a discount on programs. He also noted that the City should consider an addition to the building at Dover Park on the east side of Dover instead of a new building on the west side of Dover. Mr. Ritter suggested placing a non-binding question on the ballot for the April 2006 Municipal Election to determine if residents are in favor of the Westside Recreation Center. He stated that he would like to have the support of the constituents before moving forward. Mr. DePrima responded that this concept was designed with respect to the results of the referendum. He stated that the size and cost have been reduced significantly. Mr. Ruane recommended that the project be bonded, with the understanding that the City would dedicate the unbudgeted $400,000 “in lieu of tax” money to this project and that the “in lieu of tax” money would be used as a dedicated funding stream for as many years as needed to pay off the bonded indebtedness. Mr. DePrima stated that it was his understanding that the local legislators would like to have a permanent funding source for the County Seats. He noted that he anticipates $600,000 in “pay in lieu” funds this year. Mr. Ruane moved to recommend that the City finance $1M through a bond issue and use $500,000 of this years’ “in lieu of tax” money, with the understanding that the bonded indebtedness would be paid for with $500,000 of the annual “in lieu of taxes” for as many years as necessary to pay it off. The motion was seconded by Mr. Truitt and unanimously carried. Mr. Ruane moved for adjournment, seconded by Mr. Truitt and unanimously carried. Meeting Adjourned at 1:12 P.M. Respectfully submitted, Robert M. Sadusky Chairman RMS/jcr S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\08-23-2005-PR&CE.wpd Attachments Attachment #1 - W est Side Recreation Center Power Point Presentation

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee Meeting was held on August 23, 2005, at 6:30 p.m. with Chairman Hogan presiding. Mr. Carey and Mr. Link were present. Mr. Ritter and Mr. Lakeman were absent. Councilman Ruane and Mayor Speed were also present. AGENDA ADDITIONS/DELETIONS Mr. Carey moved for approval of the agenda, seconded by Mr. Link and unanimously carried. Approval of Letter to Secretary Hayward - Delaware Department of Transportation During their Regular Meeting of July 26, 2005, Mr. Gary Laing, DelDOT Municipal Liaison, advised members that Secretary Hayward sent letters to municipalities, counties, chambers of commerce, etc. regarding DelDOT’s current fiscal situation. He noted that Delaware’s rapid growth, along with construction costs escalating at a rate much higher than the consumer price index and traditional funding sources, has strained the State’s resources. Mr. Laing also advised members that DelDOT has not yet received anticipated federal highway funds, which is typically $125M. The committee recommended that City Council respond to the letter submitted by Secretary Hayward dated July 18, 2005, specifically by going on record acknowledging their financial dilemmas and providing a prioritization list of projects for the City of Dover. It was felt that the South Governors Avenue Improvements would be the City’s major concern at this time and that DelDOT should be encouraged to continue maintenance and repair on those State owned roadways located in the City limits. As recommended, members were provided a draft letter to Secretary Hayward. Prior to consideration of the letter, Mr. Hogan requested that Mayor Speed summarize for members his recent meeting with Secretary Hayward. Mayor Speed stated that he explained to Secretary Hayward why the Governor’s Avenue improvements, the straightening of Wyoming Mill Road, and the Clarence Street Extension were important to the City of Dover and why he did not think it was right or fair that the City was excluded from the Capital Transportation Budget. He noted that the State had originally budgeted $2.2M for the Governor’s Avenue improvements and that all three projects are federal projects which would mean that the Federal government would pay 80% and the State or Local government would pay 20%. Mayor Speed advised members that Secretary Hayward suggested that if the City of Dover wanted to move forward with these projects before next year, it would be required to fund the 20% match. In exchange, Secretary Hayward would recommend to the Bond Bill Committee that these three projects take priority next year. Mayor Speed noted that Secretary Hayward is willing to talk to the Committee or Council any time to discuss any of these issues or other issues and is willing to put this promise in writing if requested to do so. Mayor Speed suggested that staff investigate the possibility of having the acquisition of the Wyoming Mill Road right-of-way and the funds budgeted for the work on the South Governors Avenue project counted towards the 20% match. He stated that he has been advised not to spend funds towards the 20% match until legislation is passed guaranteeing reimbursement from the State. Mr. Carey reminded members that the City is contributing in-kind services in the amount of $1.3M toward the Governors Avenue improvements. Mr. DePrima stated that he felt the Wyoming Mill

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF AUGUST 23, 2005 PAGE 2 Road dedication had legitimate matching value, and it may be possible to claim donation of land for the Clarence Street project. Mr. Ruane stated that the Eden Hill Farm project is contingent upon a flood management plan, which includes a new bridge at South Governors Avenue. He noted that a new bridge would also resolve the Water Street flooding issue. Mayor Speed advised members that the State is prepared to transfer land from Eden Hill Farm to the City to be added to Schutte Park. Members reviewed the draft letter and recommended amending it to invite Secretary Hayward instead of a representative of his department. Mr. Hogan advised members that Council had reviewed and approved the letter; therefore, it would be amended and sent. Mr. Carey moved for approval of the letter, as amended (Attachment #1), seconded by Mr. Link and unanimously carried. Briefing on DelDOT Projects - Gary Laing Due to the absence of Mr. Laing, members were provided a written update on DelDOT projects (Attachment #2). Members requested Mr. DePrima, City Manager, to determine the status of the special appropriation of Bond Bill money for the signalization project and to ascertain the requirements for the Federal funding 20% match. Review for Endorsements of Projects - Fire Marshal’s Office The Fire Marshal, Mr. David Truax, stated that he was interested in bringing the following issues forward for review: Procedure for Adoption of Fire Codes Currently, the City automatically adopts the National Fire Protection Association Code. Mr. Truax suggested reviewing the Code, especially the sections used frequently by the City, prior to its adoption. Amendment to the Open Burning Ordinance The current ordinance is vague and deals primarily with grills on balconies. Mr. Truax would like to amend the ordinance to deal with outdoor fireplaces and commercial grills. Fines for Hitting Utility Lines Mr. Truax advised members that approximately once a month, a gas line is hit by a contractor. He noted that Title 16 specifies steps that must be taken prior to digging, such as calling Miss Utility to locate buried lines; however, there is no provision for imposing fines when the proper steps are not taken. Mr. Truax also noted that jurisdiction issues are not addressed in Title 16.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF AUGUST 23, 2005 PAGE 3 Automatic External Defibulator (AED) Ordinance Mr. Truax stated that he would like to require places of assembly, both existing and new construction, to have Automatic External Defibulators (AED’s) on the premises in the event that a patron suffers cardiac arrest. He suggested allowing ample time after the ordinance is adopted for businesses to comply. Sprinkling of Townhouses Mr. Truax advised members that he would like to require sprinklers in townhouses. He noted that a townhouse fire usually affects the initial unit, as well as the adjoining units. Mr. Truax stated that an ordinance of this nature would help reduce the time and expense related to the Robbins Hose Company’s response to fires. Mr. Galvin, Director of Planning and Inspections, stated that some developers are considering the installation of sprinklers in townhouses and using that feature as a marketing tool for their properties. Mr. Truax noted that the City of Newark requires the sprinkling of one and two family residences, townhouses, and commercial properties. Mr. Link suggested mandatory hard-wiring of the sprinklers in townhouses. It was the consensus of members that proposed ordinances could be brought forward for consideration. They requested staff to provide more specific information on the sprinkler issue, such as where sprinklers are currently required, etc. Mr. Carey moved for adjournment, seconded by Mr. Link and unanimously carried. Meeting Adjourned at 7:29 P.M. Respectfully submitted, Kenneth L. Hogan Chairman KLH/jcr S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\08-23-2005-SA&T.wpd Attachments Attachment #1 - Letter from Secretary Hayward, DelDOT, dated July 18, 2005. Attachment #2 - DelDOT August Report from Mr. Gary Laing, dated August 23, 2005

SPECIAL MEETING OF THE BOARD OF TAX APPEALS - TUESDAY, SEPTEMBER 6, 2005 PARCEL ID NUMBER PROP LOCATION OWNER'S NAME SUMMARY VALUE PROPOSED COMMITTEE ACTION 05-67.19-2-02.15 874D WALKER RD. MOZERT,ROBERT & ALICE SQUARE FOOTAGE INCORRECT $ 400,100 $ 183,800 APPROVED 05-67.19-2-02.14 874B WALKER RD. MEDICAL PRACTICE AT SQUARE FOOTAGE INCORRECT $ 423,300 $ 183,800 APPROVED WALKER SQUARE LLC 05-57.00-1-05 2.57 AC-N DUPONT HWY K W LANDS GP PARCEL NO LONGER EXISTS. $ 892,500 $ - APPROVED Inactive - map# now WAS TAKEN OFF LAST YEAR, used for Sheraton BUT BECAUSE OF REASSESS IT WAS PUT BACK ON IN ERROR 05-57.00-1-05 1570 N DUPONT HWY K W LANDS GP LAND ACREAGE INCORRECT; $ 11,382,100 $ 11,382,100 APPROVED map# chg to match SHERATON DUE TO INCOME APPR THIS Kent County DID NOT EFFECT TOTAL VALUE ONLY VALUED LAND & BLDG DIFFERENTLY 05-57.00-1-05.04 1568 N DUPONT HWY K W LANDS GP LAND ACREAGE INCORRECT; $ 4,397,800 $ 4,397,800 HAMPTON INN DUE TO INCOME APPR THIS DID NOT EFFECT TOTAL VALUE $ 4,261,500 $ 4,033,000 APPROVED ONLY VALUE LAND & BLDG ABATED ABATED DIFFERENTLY ******** xHOWEVER, THIS PARCEL IS We are still verifying this RECEIVING AN ABATEMENT. parcel. KW Lands says WITH THIS CHANGE, THE BLDG there is still an additional VALUE WAS INCREASED; 2+/- AC. Our records THEREFORE GIVING A HIGHER reflect Kent County AC. ABATEMENT. THE TOTAL VALUE WITH ABATEMENT IS 4,033,000. THE DIFF SHOULD BE REFUNDED OR CREDITED. 05-77.16-2-08 110 LAFFERTY LN SIMPSON,WILLIAM THIS PARCEL HAS BEEN COMB $ 67,200 $ - APPROVED INACTIVE PARCEL WITH 05-77.16-2-12.01 DELETE 05-77.16-2-12.01 110 LAFFERTY LN SIMPSON,WILLIAM PART OF THIS PARCEL & $ 143,800 $ 95,000 APPROVED PARCEL 05-77.16-2-08 COMB 05-77.16-2-12.02 119 ROSEMARY RD. SIMPSON,WILLIAM PART OF THIS PARCEL & $ 137,500 $ 166,900 APPROVED PART OF 05-77.16-2-12.01 COMB 05-68.13-1-01.01 560 N. DUPONT HWY. LARIMER,RICHARD & SQUARE FOOTAGE INCORRECT $ 671,100 $ 597,600 APPROVED MARY ELLEN 05-77.17-3-31 1075 S. BRADFORD ST. ISLAM,DAVID INCORRECT DATA $ 172,200 $ 171,400 APPROVED # OF BATHS/NO SHED 05-67.19-2-02 820A WALKER RD. ERRICO,BRYAN & KATHY SQUARE FOOTAGE INCORRECT $ 562,900 $ 200,700 APPROVED ACREAGE INCORRECT 05-77.06-2-71 LOT 1 & 2 E LOOCK ST RICHTER ASSOC LP VALUE BROUGHT OVER FROM $ 56,500 $ 26,000 APPROVED ORION TO H.T.E. WAS INCORRECT THEY RECEIVED "INCORRECT" ADMINISTRATIVE ADJ NOTICE FROM US IN MAY; BUT VALUE THAT WAS BROUGHT OVER GAVE INCORRECT # 05-78.00-1-10.06 RETENTION POND - BRYAN BUS PARK RETENTION POND WAS $ 85,600 $ 24,500 APPROVED MAGGIES WAY VALUED AS BUILDABLE LOT ACREAGE INCORRECT

SPECIAL MEETING OF THE BOARD OF TAX APPEALS - TUESDAY, SEPTEMBER 6, 2005 PARCEL ID NUMBER PROP LOCATION OWNER'S NAME SUMMARY VALUE PROPOSED COMMITTEE ACTION 05-76.00-2-07 RETENTION POND - ASHBURN HOMES THIS PARCEL DOES NOT EXIST & $ 316,300 $ - APPROVED FOX HALL WEST WAS NOT INCLUDED IN FINAL VALUES FOR THIS PARCEL. WHEN THE VALUES WERE BROUGHT OVER FROM ORION TO H.T.E. THIS PARCEL ID WAS NOT FOUND IN ORION SO IT GAVE IT A VALUE FROM ANOTHER PARCEL (05-76.00-2-04.02 - PT OF BRITTINGHAM FARM) 05-67.19-2-02.27 838 WALKER RD KARINS INVESTMENTS SQUARE FOOTAGE INCORRECT $ 242,400 $ 159,000 APPROVED UNITS 21-2 & 21-4 05-76.15-1-03.06 230 BEISER BLVD DELAWARE MEDICAL SQUARE FOOTAGE INCORRECT $ 3,257,200 $ 2,251,500 APPROVED PROP LLC 05-77.17-5-35 220 ORCHARD AVE. GELOF,MALVIN & HELEN DATA CORRECTIONS(MISC) $ 154,600 $ 145,100 APPROVED 05-67.19-2-02.44 820-C WALKER RD. HARANIN,MICHELE SQUARE FOOTAGE INCORRECT $ 534,400 $ 399,000 APPROVED ACREAGE INCORRECT 05-86.05-2-18 S. DUPONT HWY. THE CLYDE CORP. BLDG DESCRIBED INCORRECT $ 4,345,400 $ 638,200 APPROVED 05-76.00-1-14.01 834 W. NORTH ST. SCHELLER,DANIEL SOLD TO STATE - AMT TO BE $ 325,300 $ - APPROVED TRANSF TO STATE LIST 05-76.00-1-14.02 838 W. NORTH ST. SCHELLER,DANIEL SOLD TO STATE - AMT TO BE $ 178,800 $ - APPROVED TRANSF TO STATE LIST 05-77.05-1-14 119 W.DIVISION ST WESLEY COLLEGE EXEMPTION REQUESTED $ 57,300 $ - TABLED-NEEDS MORE INFO 05-77.05-1-15 121 W.DIVISION ST. WESLEY COLLEGE THIS PARCEL WAS COMBINED $ 8,300 $ - TABLED-NEEDS MORE INFO WITH 05-77.05-1-02 (ALREADY EXEMPT) EXEMPTION REQUESTED 05-76.08-5-56 205 W.DIVISION ST. SOUTH SMYRNA DEV PROPERTY WAS DEMO'D $ 185,300 $ 29,800 TABLED-NEEDS MORE INFO END OF JUNE 05-77.05-3-59 122-128 W.DIVISION ST SOUTH SMYRNA DEV PROPERTY WAS DEMO'D $ 176,100 $ 31,000 TABLED-NEEDS MORE INFO BEGINNING OF JULY TOTAL $ 29,174,000 $ 21,083,200

ACTION FORM PROCEEDING: Legislative, Finance and Administration/Council AGENDA ITEM NO: 09/12/05 – 1 (LF&A) 09/12/05 – 7A (Council) DEPARTMENT OF ORIGIN: Police DATE SUBMITTED: 08/31/05 PREPARED BY: Captain Ray M. Sammons III – Administrative Division Commander SUBJECT: Police Station Second Floor - Communications Center – Server Room HVAC System RELATED PROJECT: Building Access Control System Upgrade/Replacement/ 911 System Upgrade Project and Various Grant Funded Computer System Upgrades APPROVALS: City Manager, Finance Director EXHIBITS: Revised CIP sheets for Building Access Control System Upgrade/Replacement (page 78-79 in 2005-2006 Draft Budget) and Second Floor – Communications Center (previously Second Floor - Communications Center, page 83 in 2005-2006 Draft Budget) EXPENDITURE REQUIRED: $ 62,500 AMOUNT BUDGETED: $77,340 FUNDING SOURCE (Dept./Page in CIP & Budget): See revised CIP sheets – Five Year Cost Breakdown Schedule TIMETABLE: Ready for installation 40 days from order date RECOMMENDED ACTION: (1) Approve the reallocation of $77,340 from Project PD0601 (Building Access Control System to Project PD0603 Second Floor - Communications Center. (2) Approve Service Unlimited of New Castle as a sole source vendor for installing the HVAC system of $62,500. (3) Approve revised CIP sheets. BACKGROUND AND ANALYSIS: The Police Department is requesting funding for a new HVAC system for its second floor from a sole source vendor. The Police Department was recently notified that the Building Access Control System project (PD0601) for $77,340 will be funded by a grant. This project was originally approved as an expense to the General Fund. We are requesting that this money be reallocated to the Second Floor - Communications Center project (PD0603) for an HVAC system. This reallocation will allow the Police Department to complete the necessary HVAC work ($62,500). The remaining $14,840 of the allocation would be to complete electrical work and fire suppression work originally included in the FY 2007 Second Floor - Communications Center. The request is necessary because the department is completing numerous technology upgrades which have been in the planning and development stages for many years. The first means sought for funding these projects has been grants. Some of the grant funding has only recently been confirmed. In addition, the City has only recently been informed that two of these projects (800 MHz radio system upgrade and 911 telephone system) will be installed in September 2005. Because this work is tied to grants, we have little control over the timing of installation. The technology projects include an 800 MHz radio system $557,264, an upgrade to the 911 telephone system which is approximately $481,153, and a new statewide CAD system (statewide cost of $2.7 million for seven of nine 911 centers). These projects are fully funded by grants and are valued at over $1 million. The City needs to provide adequate infrastructure in terms of space and climate control to support these projects. The current housing for these systems is inadequate. A proposed 2007 CIP project, Second Floor - Communications Center, would provide a server room to meet this need. Last year the City was able to confirm total state funding from the E911 Board for the new statewide CAD system. The Police department was able to reprogram $30,000 (originally budgeted as the City’s portion for the CAD system) into initial construction of the server room. Necessary building materials, electrical supplies and a portion of the fire suppression system were purchased. To date, internal staff has framed out the server room. The current HVAC system is not adequate to handle the additional area designated for the new technology systems. A supplemental system is proposed. System specifications include: • Liebert unit model VH125A-CAE0, 208 volts, 60 HZ, 3-phase Deluxe System/3 Environmental Control System/3, Nominal 10-ton air cooled upflow system with rear return • one 95 degree ambient fan speed control condenser model DCDF165-ym 208/230 volts, 60 HZ 3-phase.

Pricing also includes all control wiring, refrigeration and condensate piping, necessary crane, rigging and supervision, drawing fees, structural and mechanical reviews inspection, all required ductwork (6 return air inlets and 12 supply air outlets), one year warranty from the date of purchase, and a four year limited manufacturer warranty on the refrigeration compressor. Sole vendor justification: The Police Department requests this purchase be made using the sole vendor justification. This is being recommended due to the time constraints associated with providing a climate controlled area by September 2005 month’s end, costs savings and continuity of service. The proposed system will be an additional system to supplement the current Police Station’s main HVAC system. Our current HVAC service provider is Service Unlimited of New Castle County. Service Unlimited is the only vendor we have found certified by Trane (our current HVAC system is a Trane) to make repairs at a reasonable rate. Supplementing the existing service contract would be more cost effective than adding another service provider and paying for additional Level 1 service. The Police department requires a Level 1 service contract which provides 365 day emergency service on a priority basis.

General______________________________________________________________________________________________________ __City of Dover Building Access Control System NEW Upgrade/Replacement FISCAL YEAR: 2006 PROJECT NO.: PD0601 FUND: General DEPARTMENT: Police DEPT. RANKING: 1 PROJECT DESCRIPTION: Replacement and installation of upgraded components for the system that controls area access in the building. The new components will be simpler and non-proprietary. This system was installed in the building when the building was renovated in the 1995 time-frame, and the proprietary source for system parts went out of business years ago. NEED, JUSTIFICATION, BENEFIT: The current system is controlled by an older generation computer that has already broken down once this year. If we change out the computer, we will have to purchase updated software to be able to run it on the operations platform in use in our building. In addition, the backbone of the system -- the sensors and control panels – are obsolete. These components have been out of production for several years, and replacement components are no longer available. If we experience any further breakdowns in the system, building personnel will be limited to key access within the building. Advantech currently services this system, and they have indicated that they will not be able to locate parts for or keep the system operational for too much longer. Once the system goes down, we will have no security in the building. CONSEQUENCES OF DELAYING OR ELIMINATING THIS PROJECT: Failure to upgrade and replace the current system will result in an unsafe working environment for all Police Department personnel once the system experiences a failure that our contract service provider cannot resolve. THIS PROJECT IS RELATED TO THE FOLLOWING: Fiscal Year 2007 CIP Project 1 -- Building Closed Circuit TV (CCTV) Camera System Upgrade/Replacement and the warehouse alarm/security system - The same contractor (Advantech) currently services all these systems. EXPLANATION OF IMPACT ON OPERATING BUDGET: Once the new system is purchased and installed, there will be no significant additional recurring maintenance costs over and above what we are paying currently. In addition, grant funding will be pursued to fund the upgrade portions of the project as allowable by the grant funding sources. TIME-LINE/CURRENT STATUS: As stated above the current system needs to be upgraded and replaced as soon as possible since our service provider indicated they could not repair the system if a breakdown occurs. Grant funding has been secured through the State for this project and implementation is planned for mid Fiscal Year 2006. COMMENTS: The new system maintenance costs will be covered under our existing maintenance contract after a year's warranty period. Grant funding will be used to fund portions of this project as allowable by the granting agency. 116 2006-2010 Capital Investments Plan

General______________________________________________________________________________________________________ __City of Dover Building Access Control System Upgrade/Replacement (Continued) FIVE-YEAR COST BREAKDOWN SCHEDULE: Prior to 2006 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 After 2010 TOTAL Planning and Design Land Construction Miscellaneous Equipment Other 77,340 77,340 TOTAL 77,340 77,340 FINANCING: Prior to 2006 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 After 2010 TOTAL Federal Grant 77,340 77,340 TOTAL 77,340 77,340 IMPACT ON OPERATING BUDGET: Prior to 2006 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 After 2010 TOTAL 2006-2010 Capital Investments Plan 117

General______________________________________________________________________________________________________ __City of Dover Second Floor – NEW Communications Center FISCAL YEAR: 2006 PROJECT NO.: PD0603 FUND: General DEPARTMENT: Police DEPT. RANKING: 2 PROJECT DESCRIPTION: This project encompasses the renovation/expansion of the station in the attic area of the second floor to accommodate the increasing needs of the department. NEED, JUSTIFICATION, BENEFIT: State mandates have increased computer requirements and systems maintained in our department. The dispatch communications upgrade is the most intensive and will be funded by State and federal pass- through dollars and will require the redesign of our dispatch area, replacement of the dispatch communications consoles, and displacement of the computers driving dispatch systems due to lack of space. The funding available will pay for the consoles, computer enhancements, and the associated furniture for the dispatch area. The current computer room located in the basement is not large enough to accommodate all the systems involved, so these assets will be moved to the new location in the expansion area on the second floor of the station. CONSEQUENCES OF DELAYING OR ELIMINATING THIS PROJECT: Failure to fund this project within the time line specified will jeopardize funding from the State for the dispatch portion of the project. If this occurs, when our current system fails, our ability to dispatch police and emergency services will be minimized and will drastically affect public safety throughout the City. THIS PROJECT IS RELATED TO THE FOLLOWING: 911 communications project currently in negotiations by the State agencies involved - The timeline is still not firm. EXPLANATION OF IMPACT ON OPERATING BUDGET: There will be additional utilities costs once the second floor area is completed. The amount is unknown at this point. In addition, initial furniture for these areas will be required, and the amount is identified below. TIME-LINE/CURRENT STATUS: As stated above, the project needs to be completed to conform to the State’s upgrade schedule for emergency dispatch functions. Further details will be provided as released by the State. COMMENTS: None FIVE-YEAR COST BREAKDOWN SCHEDULE: Prior to 2006 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 After 2010 TOTAL Planning and Design Land Construction 25,000 77,340 102,340 Miscellaneous Equipment Other TOTAL 25,000 77,340 102,340 FINANCING: Prior to 2006 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 After 2010 TOTAL General Fund 25,000 77,340 102,340 TOTAL 25,000 77,340 102,340 IMPACT ON OPERATING BUDGET: Prior to 2006 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 After 2010 TOTAL Furniture 6,000 6,000 118 2006-2010 Capital Investments Plan

ACTION FORM PROCEEDING: Legislative, Finance and Administration/Council AGENDA ITEM NO.: 09/12/05 – 1B (LF&A) 09/12/05 – 7B (Council) DEPARTMENT OF ORIGIN: Police DATE SUBMITTED: 09/02/05 PREPARED BY: Captain Ray M. Sammons III – Administrative Division Commander SUBJECT: Police Station Emergency Power Generator RELATED PROJECT: Police Second Floor Expansion, 911 System Upgrade Project and Various Grant Funded Computer System Upgrades APPROVALS: City Manager, Finance Director EXHIBITS: None EXPENDITURE REQUIRED: $122,134 AMOUNT BUDGETED: $0 (100% Grant Funds Sourced) FUNDING SOURCE (Dept./Page in CIP & Budget): Grant funds from the State of Delaware TIMETABLE: Ready for installation 12 to 14 weeks from order date RECOMMENDED ACTION: Due to time constraints: (1) approve this project and its implementation; and (2) allow the Police Department to select one of the vendors in this action form once the final bids come in—not to exceed $126,182 of grant funding. BACKGROUND AND ANALYSIS: This project was not included in the City’s Capital Investments Program (CIP) because it was not known until May 2005 that our current generator could not support the additional emergency power requirements in our building. Earlier this spring, we evaluated the electrical circuitry and loads in our building as part of the planning process for the Second Floor Expansion project; more specifically the requirements imposed for the heating and air conditioning (HVAC) for that space as well as the extra power needed to sustain the 911 communications and Motorola radio rooms located within the new server room area of the expansion project. During this review, we learned that there would be a significant increase in the electrical load that would have to be carried by our emergency generator. As a result, we reviewed our existing requirements, validated the current requirements powered by the generator and measured the additional requirements imposed by the new addition space on the second floor. The analysis confirmed that our existing generator is insufficient to carry the full load of all the requirements. Based on the electrical review performed by a City electrician, we decided that an upgrade in generator models from our 100KW Kohler to a 200KW Kohler generator is necessary and would be more than sufficient to take care of the additional planned load imposed by the Second Floor Expansion Project as well as additional future requirements. This project is the crucial piece in the implementation of the various related radio and computer system projects because this generator provides the backup power to our building during emergency power outages. Our 911 dispatch center cannot function properly without power in an emergency situation, so City-wide public safety would be adversely affected if this project is not approved. FUNDING: At this point, we have an excess of approximately $50,000 in Weapons of Mass Destruction (WMD) grant funds available to us that could be redirected for this emergency equipment purchase. In addition, we are working on securing the balance of the funds from this source for this project. In the event that this funding source does not work out, we have other grant funding alternatives to pursue. Regardless of the funding source for this project, we are certain that no City funds will be needed for this purchase. However, we expect to see a slight increase in maintenance and utilities costs. This project was bid out. The following are the basic specifications for the generator and this project: Replacing the existing 100KW Kohler natural gas standby generator with a new 200KW Kohler natural gas standby generator and modifying, upgrading, or replacing existing generator support facilities as required. ƒ The contractor, in coordination with the Police Department, will disconnect and remove the existing generator and place the generator on a trailer supplied by the City for use elsewhere in the City. ƒ The contractor will provide a temporary standby generator during the period the existing standby generator is disconnected until the new generator is installed.

The new standby generator model specifications were provided in great detail with assistance from Dover Air Force Base engineers as named below. Initial vendor proposals included various generator models, but upon further review, only Kohler 200KW generators conformed to the existing space. We requested quotes from three different vendors. However, all proposals are now being reworked to include “Statement of Work” specifications. Therefore, a specific vendor cannot be selected at this time. Received proposals and bid amounts are as follows: U.S. Tech - $104,081 – This vendor has dealt with the Electric Dept in the past and has apparently worked out well. Electric Unlimited Inc. - $122,134 - They are the electric side of the company who we are trying to get sole vendor source justification on for our HVAC. It is a known vendor, with a good reputation and has been working well with us and for us. Deltronics - $126,182 – This is a good bid but from the Police Department’s perspective, is an unknown vendor. IN APPRECIATION: We received pro bono assistance from Mr. Mike Adkins and Mr. Bill Morrow from the 436th Civil Engineering Squadron, Dover Air Force Base in writing the technical specifications for this project as well as evaluating the project proposals received from all three vendors. Although both are licensed engineers, Mr. Morrow is a mechanical engineer; so he performed the technical work on this project with assistance from other staff in the squadron’s Construction Element. We sincerely appreciate their expert assistance with this project and thank Dover Air Force Base for allowing their support to our department. \\Dover_1\public docs\Forms\ActionForm-Alt-1wpd.wpd

ACTION FORM PROCEEDING: Council AGENDA ITEM NO.: 09/12/05-8A DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 08/30/05 PREPARED BY: Scott D. Koenig, Director of Public works SUBJECT: Request to Purchase – 25 Cubic Yard Self Contained Leaf Vacuum REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Finance Director EXHIBITS: Memorandum dated August 25, 2005 from Mr. Wes Roan, Public Works Operations Manager, outlining the low bidder deviations from the unit specified. EXPENDITURE REQUIRED: $28,067.00 AMOUNT BUDGETED: $28,000.00 FUNDING SOURCE (Dept./Page in CIP & Budget): Public Works Streets Division / Page 156 2006-2010 Capital Investments Plan & Page 207 of the 2006 Draft Operating Budget. TIMETABLE: Issue award letter on Tuesday, September 13, 2005, pending Council approval. Delivery expected no later than 110 days from receipt of the purchase order by the vendor. RECOMMENDED ACTION: Award a purchase order to ODB in the amount of $28,067.00 for the purchase of one (1) 25 Cubic Yard Self Contained Leaf Vacuum. Staff will prepare a budget amendment to move the $67.00 from another project or purchase to bring this purchase within budget. BACKGROUND AND ANALYSIS The Department of Public Works prepared a bid package and solicited sealed bids for the purchase of one (1) 25 Cubic Yard Self Contained Leaf Vacuum through the City’s Purchasing Agent. This equipment will be mounted on an existing truck chassis to be used for the leaf collection operation. Bids were opened on Friday, August 19, 2005, at 2:00 p.m. The following vendors submitted bids: Company Location Model Bid Amount ODB Richmond, VA ODB, Model SCL800SM $28,067.00 Granturk Equipment Co. Bridgeport, PA Giant Vac $24,840.00 Based on a review of the bids, the Department of Public Works is recommending rejection of the low bid and acceptance of the second low bid. The low bid unit does not meet the unit specified in several areas as outlined in the Memorandum from the Public Works Operations Manager, Mr. Wes Roan. Currently, all of our leaf collection equipment is supplied by ODB, and staff’s recommendation is based upon our operating history with the ODB leaf vacuum unit as well as the following specific reasons: 1) Continuity of stocking parts for repairs to the unit 2) Availability of purchasing parts for the ODB fleet 3) Continuity of training from the City’s Fleet Maintenance staff 4) Outside repairs for the ODB fleet can be done locally

MEMORANDUM To: Scott D. Koenig, P.A. Director of Public Works From: Wesley Roan Public Works Operations Manager Sub.: Leaf Vac Bids Date: August 25, 2005 I have reviewed the contract documents and specifications for the 25 Cubic Yard Self Contained Leaf Vacuum unit. Two vendors bid on this unit, ODB out of Richmond, Va. and Granturk Equipment Co out of Bridgeport, Pa. The specifications were modeled after ODB’s model SCL800SM-25 Self Contained Vacuum unit. I reviewed the specifications and literature provided by Granturk and noted the following deviations: Page 4-Item #2: Specs call for a heavy duty mounted self contained vacuum leaf collector to be installed on the City’s chassis. Granturk Equipment bid the installation of this unit without ever seeing or inquiring about the chassis the unit is to be mounted on. Page 5-Power: Specs call for a John Deere 4045T turbo diesel engine rated at 84hp or a Cat 3054 diesel engine. The literature provided on the 6600JD-CM25 states that an 80hp John Deere 4045 “non turbo” diesel would be utilized which does not meet specs. Page 5-PTO Engagement System: Specs call for a 13” Auto Clutch PTO. As noted as a deviation to this section, the 6600JD-CM25 will use a Rockford style PTO. The specified Auto Clutch PTO is manufactured with all linkage located outside the housing so it is not necessary to remove the clutch housing for adjustments. A Rockford PTO requires all adjustments to be made inside of the PTO which increases the effort and time to make any adjustments to the PTO. Page 5-Instrument Panel: Specs call for an instrument panel that utilizes a printed circuit board enclosed in a hinged panel. Specs call for “NO EXCEPTIONS TO THIS SECTION,” but it is noted that the John Deere style panel will be used which is a Murphy style instrument panel that does not use a printed circuit board as specified. Page 6-Fuel Tanks: Specs call for a 30 gallon fuel tank manufactured of the strongest cross link “polyethylene plastic resin” and have a ¼” wall thickness. Also noted in the specs is that “steel fuel tanks are not acceptable.” As noted as a deviation, the 6600JD-CM25 will be equipped with a 12 gauge “steel tank” which is less than the ¼” required. Page 6-Box Container: Specs call for a 20 ton (40,000 lb.) dump capacity hoist with “NO EXCEPTIONS ALLOWED.” Literature provided with the specs state the 660JD-CM25 will be equipped with a 13 ton (26,000 lb.) lift capacity which does not meet specs. Page 7-Blower: Specs call for a barrel style suction inlet which swivels on two bearings into working position and locks into travel positions without opening the housing and exposing the impeller. In reviewing the literature it appears that just a straight inlet flange will be provided. Specs also call for an inspection door with a safety switch located on the blower housing face plate. The 6600JD-CM25 does not have an inspection door or face plate. Granturk Equipment bid $24,840.00 on their Model 6600JD-CM25. ODB bid $28,067.00 on their Model SCL800SM. Based on the above noted deviations, the fact that we currently have three OBD leaf vacs in our inventory, and the quality of service we have received from ODB, I recommend we award this purchase contract to ODB of Richmond.

ACTION FORM PROCEEDING: Council AGENDA ITEM: 09/12/05 – 8B DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 08/30/05 PREPARED BY: Scott D. Koenig, P.E., Director of Public Works SUBJECT: Evaluation of Bids – Generic Subdivision Sign Foundations REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Finance Director EXHIBITS: N/A EXPENDITURE REQUIRED: $5,470.00 per location AMOUNT BUDGETED: See “Funding Source” FUNDING SOURCE (Dept./Page in CIP & Budget): Community Transportation Funds, page 223 of the 2006 Draft Operating Budget – Funded through legislative grants TIMETABLE: Issue authorization following Council approval RECOMMENDED ACTION: Award contract to Falasco Masonry, Inc. to construct generic subdivision sign foundations for a unit price of $5,470.00 for Fiscal Year 2006. Authorize staff to exercise the option years of Fiscal 2007 & 2008 for an increase of 5% per year for materials and other associated costs. BACKGROUND AND ANALYSIS The City of Dover Department of Public Works has overseen the construction of a number of subdivision signs over the past several years. Staff created a generic template for these signs and the associated foundation and brickwork. In July 2005, a bid package was prepared for a multi-year contract to construct signs that are being funded by area legislators. The bid package included four locations for Fiscal Year 2006; however, the bid evaluation is based on the unit price offered by the contractor. Only one (1) contractor submitted a bid for the work. The sole bidder was Falasco Masonry, Inc. from Camden, Delaware. The unit price bid was $5,470.00 for Fiscal Year 2006. The bid can be extended into Fiscal Year 2007 and Fiscal Year 2008 by adding a 5% increase to the unit price for material and other associated costs. Staff is requesting approval of the unit price for this work due to the fact that area legislators may fund more than the original four locations, and we expect to spend more than $25,000 if additional locations are funded. In addition, exercising the option years would make the value of this contract more than $25,000.

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 Council From: Anthony J. DePrima, AICP City Manager Date: September 8, 2005 Subject: Interim Management Plan for Planning and Inspections Below is the list of people who will be assisting with the functions of the Department of Planning & Inspections along with their areas of responsibilities: Tony DePrima - Interim Director Overall Management Annexation Reports Rezoning Reports Ordinances as Needed Scott Koenig Assist with Department Administration Review Monthly Report/Budget Review/Requisitions & Purchase Orders Program Monitoring/Payroll/ Vacation & Sick Leave Approval Review for Improvements Between Planning and Public Works Planning Commission Pre-application Developer Meetings Parking Authority TCSP/Capital Scrap Yard Grants Diane Metsch Assist Tony and Scott Coordination of Department Supervisors Complaint Tracking Dawn Melson Plan Review - Subdivision, Site Plan, Conditional Use, Historic District Train New Planner Grant Prichard Board of Adjustments Terry Tieman Management Audit Strategic Planning Assistance c:Tony/City Manager/Planning & Inspections Plan