COUNCIL PACKET

REGULAR COUNCIL MEETING AGENDA March 22, 2010 - 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 March 8, 2010 2. Proclamation - Lights Out Delaware - Earth Hour * 3. Parks, Recreation, and Community Enhancement Committee Report - March 8, 2010 A. Presentations a-1. Beautification Partnership Project - Dover Housing Authority and Habitat for Humanity (Committee Recommended Acceptance of the Report and that the City of Dover Provide Support for the Event in Every Way Possible) a-2. Overview of Salvation Army Programs (Committee Action Not Required) a-3. Silver Lake Revitalization (Committee Recommended Supporting the Plan as Presented) B. Library Bid Package A (Committee Recommended Approval of Staff's Recommendation that the Professional Services Contract for Dover Anchor Public Library Bid Package A – Early Site Package for the Construction Documents, Bidding and Negotiation, and Construction Administration for the Exit Road to Innovation Way and the Relocation of Utilities in this Area be Awarded to Holzman Moss Bottino Architecture for the Amount of $25,300 (Including Reimbursables) and that Authorization Be Granted to the City Manager to Enter into this Contractual Agreement)

Council Agenda March 22, 2010 Page 2 * 3. Parks, Recreation, and Community Enhancement Committee Report - March 8, 2010 (Continued) C. Construction Manager and Construction Documents (Committee Recommended Approval of Staff's Recommendation that EDiS Company be Hired as the Construction Management Firm for Pre-construction for the Dover Public Anchor Library and That the City Manager Be Authorized to Enter into a Contractual Agreement for the Construction Document Services in the Amount of $38,500 (Including Reimbursables) D. After-School Grant - Capital School District (Committee Recommended that the City of Dover Assume Oversight Responsibility for an After-school Program at Dover High School if the Capital School District Receives Grant Funding) E. Updates e-1. Puncheon Run Watershed Action Team Update (Committee Action Not Required) e-2. Planning and Funding for New Library (Committee Action Not Required) e-3. CDBG Program (Committee Action Not Required) e-4. Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) (Committee Action Not Required) e-5. Comprehensive Plan Implementation Status Report (Committee Recommended that Staff Explore Ways of Requiring Additional Performance Bonding Related to the Open Space Creation Program) e-6. Youth Advisory Committee (Committee Action Not Required) * 4. Utility Committee Report - March 8, 2010 A. Garrison Energy Center a-1. Option to Lease Garrison Tract Lot a-2. Lease Garrison Tract Lot (Committee Recommended that the City Manager be Authorized to Execute the Lease Agreement with Garrison Energy, LLC, as per the Terms Outlined in the Agreement and with Final Approval of City Council) B. Discussion - Green Energy Grant Program Amendment (Committee Action Not Required) C. PACE/NAES Monthly Report (January) (Committee Recommended Acceptance of the Report) * 5. Legislative, Finance, and Administration Committee Report - March 8, 2010 A. Review and Recommendation - Filling Critical Positions a-1. Utility Maintenance Mechanic I - Public Utilities (Committee Recommended That Staff Be Granted Permission to Recruit for the Position of a Utility Maintenance Mechanic I - Public Utilities, as Requested) a-2. Utility Maintenance Mechanic II - Public Utilities (Committee Recommended that Staff Be Granted Permission to Recruit for the Position of a Utility Maintenance Mechanic II - Public Utilities, as Requested)

Council Agenda March 22, 2010 Page 3 * 5. Legislative, Finance, and Administration Committee Report - March 8, 2010 (Continued) B. Proposed Amendment No. 1 to Proposed Ordinance #2010-05 - Chapter 2 - Administration, Article VI - Other Post-Employment Benefits Fund, Section 2-505 - Medicare Part B Premium Reimbursements (Referred Back to the Committee by City Council on February 22, 2010) (Committee Recommended Reaffirming the Committee Action of January 25, 2010 for Adoption of Ordinance #2010-05 with the Original Language) (See Item #10) * 6. Monthly Reports - January 2010 A. CIP B. Dover Fire Department Report 7. Evaluation of Bids - Underground Utility Locating Services 8. Appointment of Board of Assessment Appeals Committee A. Thomas Burns, James Galvin, William Garfinkel - Three-Year Terms to Expire March 2013 B. John Kelly, Todd Stonesifer, and James Welsh - Four-Year Terms to Expire March 2014 9. Rezoning Requests/First Readings (Recommended for referral to the Planning Commission on April 19, 2010 and that a Public Hearing be set for May 24, 2010 at 7:30 p.m.) A. Property located at 1059 Horsepond Road, owned by David and Sherry Blake, consisting of 1.8612+/- acres. The property is currently zoned M (Manufacturing) and AEOZ (Airport Environs Overlay Zone). The proposed zoning is C-3 (Service Commercial) and AEOZ (Airport Environs Overlay Zone). The subject property is located on the east side of Horsepond Road, south of Lafferty Lane. (Tax Parcel: ED05-078.13-01-17.00-000; Second Council District; Planning Reference: Z-10-03) B. Property located at 1169 South State Street, owned by Young Men's Christian Association of Delaware, Inc. (YMCA), consisting of 0.6899 +/- acres (30,052 s.f.). The property is currently zoned RG-O (General Residence and Office) and the proposed zoning is IO (Institutional and Office). The subject property is located on the east side of South State Street, north of Roosevelt Avenue/Wyoming Avenue. (Tax Parcel: ED05-077.17-05-58.00-000. Second Council District; Planning Reference: Z-10-04) 10. First Reading - Proposed Ordinance #2010-05 The First Reading is offered on the following proposed ordinance. Final action by Council will take place during the Second Reading of the ordinance on April 12, 2010. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. A. CHAPTER 2 - ADMINISTRATION , ARTICLE VI - OTHER POST-EMPLOYMENT BENEFITS FUND , SECTION 2-505 - MEDICARE PART B PREMIUM REIMBURSEMENTS (Legislative, Finance, and Administration Committee)

Council Agenda March 22, 2010 Page 4 11. Final Reading - Proposed Ordinances The First Reading of the following Proposed Ordinances was accomplished during the Council Meeting of March 8, 2010. Copies of the proposed ordinances are available at the entrance of the Council Chambers. A. PROPOSED ORDINANCE #2010-06 AMENDING CHAPTER 102 - TAXATION , ARTICLE VI - EXEMPTIONS; BOARD OF ASSESSMENT APPEALS , SECTION 102-183 - TAX EXEMPTIONS FOR SENIOR CITIZENS , SUBSECTION (B ) - QUALIFICATIONS, SUBSECTION (3) - EXCLUSIONS FROM INCOME B. PROPOSED ORDINANCE #2010-07 AMENDING CHAPTER 98 - STREETS , SIDEWALKS AND OTHER PUBLIC PLACES, CHAPTER 110 - UTILITIES, ARTICLE III - WATER SERVICE, CHAPTER 110 - UTILITIES, ARTICLE IV-SEWER SERVICE, AND APPENDIX F - FEES AND FINES 12. Council Members Announcements /tm S:\PACKETS\2010\Council\03-22-2010\03-22-2010.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 March 8, 2010 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane. Mr. McGlumphy was absent. Council staff members present were Police Captain Getek, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. There was no one present wishing to speak during the Open Forum. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Council President Williams noted that, due to the absence of Ms. Brumble, item #2, Recognition of Service - Dover Human Relations Commission - Katrina Brumble, should be deleted from the agenda. Mr. McGiffin moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried. Mr. Slavin moved for approval of the consent agenda, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent). ADOPTION OF MINUTES - COUNCIL RETREAT OF JANUARY 29, 2010 The Minutes of the Council Retreat of January 29, 2010 were unanimously approved by motion of Mr. Slavin, seconded by Mr. Salters and bore the written approval of Mayor Carey. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 22, 2010 The Minutes of the Regular Council Meeting of February 22, 2010 were unanimously approved by motion of Mr. Slavin, seconded by Mr. Salters and bore the written approval of Mayor Carey. PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS - ORDINANCE #2009-28 AMENDING APPENDIX B - ZONING, ARTICLE 6 - OFF-STREET PARKING, DRIVEWAYS AND LOADING FACILITIES, SECTION 5 - SUPPLEMENTARY REGULATIONS FOR PARKING AND LOADING FACILITIES, SUBSECTION 5.5 - RACE WEEKEND PARKING A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments to Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 5 -

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 2 Supplementary Regulations for Parking and Loading Facilities, Subsection 5.5 - Race Weekend Parking, within the Zoning Code. The proposed amendments would establish standards for motor vehicle and recreational vehicle parking for motor sports events. It would codify the existing policy that ensures that such parking is compatible with emergency access needs. The proposed amendment establishes a fee schedule for a permit to park more than five (5) recreational vehicles during a motorsports racing event. The proposed ordinance was reviewed by the Parks, Recreation, and Community Enhancement Committee during their meeting of December 14, 2009 and approved by City Council during their meeting of January 11, 2010, at which time the First Reading of the proposed amendments was accomplished. Since the ordinances will amend the zoning text, a public hearing is required. Mr. Salters moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. McGiffin and unanimously carried. (The First Reading of Ordinance No. 2009-28 was accomplished during the Council Meeting of January 11, 2010). Mrs. Townshend, Director of Planning and Community Development, briefly reviewed the petition to amend the zoning text. She advised members that the Planning Commission recommended adoption of the proposed amendment (Ordinance #2009-28) to the Zoning Ordinance, including proposed Staff Amendment #1 (included in the First Reading), proposed Staff Amendment #2, and Planning Commission Amendment #1. Their motion also included a recommendation that City Council consider a lower permit fee for non-profit organizations. Mrs. Townshend noted that an amendment was not prepared in this regard, since the motion was not specific as to a fee, and requested Council’s consideration of a lower permit fee. She stated that it was staff’s opinion that the fee schedule that was developed is reasonable and would not cause any undue burden. She stated that the fees are reflective of the resources required by the City for managing the operations, etc. Council President Williams declared the hearing open. There being no one present wishing to speak during the public hearing, Council President Williams declared the hearing closed. Mrs. Russell moved for approval of Planning Commission Amendment #1, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent). Mr. Hogan moved for approval of Staff Amendment #2, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. McGlumphy absent). By motion of Mr. Salters, seconded by Mr. Hogan, Council, by a unanimous roll call vote (Mr. McGlumphy absent), adopted Ordinance #2009-28, as follows:

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 3 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Appendix B - Zoning, Article 6 - Off-street Parking, Driveways and Loading Facilities, Section 5 - Supplementary Regulations for Parking and Loading Facilities, Subsection 5.5 - Race weekend parking, be deleted in its entirety and inserting, in lieu thereof, the following: 5.5 Parking for Motorsports Racing. During any ten (10)day period prior to or two (2) day period following an auto racing event the following provisions shall apply: 5.51 Automobile parking a. Property located within a residential zone may be used for fee-based parking of motor vehicles. Fee-based parking shall not include parking of commercial vehicles for use by commercial vendors and sales representatives. b. Unimproved surfaces may be used for automobile parking. Such areas shall be reviewed by the Fire Marshal to ensure adequate emergency access. No stormwater management areas or other preserved open space shall be used for automobile parking. c. Automobile parking shall in no case obstruct fire lanes, parking lot drive aisles, emergency access, fire protection equipment, or cross access easements between properties. 5.52 Recreational vehicle parking. Recreational vehicle parking shall be permitted within all zones subject to the following requirements: a. No more than three (3) recreational vehicles shall be parked on a residential lot. b. Property owners wishing to provide parking for more than five (5) recreational vehicles shall apply for a permit from the licensing and permitting division a minimum of 60 days prior to the race event. Fees for the permit will be charged in accordance with Appendix F. Prior to issuance of a permit, the property owner or his agent must submit a legible diagram of the camping area to the licensing and permitting division. The diagram shall show recreational vehicle parking location, emergency access, drive aisles, entrance and exit, number of proposed recreational vehicles to be parked, location of power lines, and location of restroom facilities. c. Recreational vehicles shall not be parked within 25 feet of power lines as measured from the center of the utility pole. Vertical extensions from recreational vehicles shall not be closer than 25 feet to power lines as measured from any point on the vertical extension.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 4 d. Recreational vehicles shall not be parked closer than ten (10) feet to other recreational vehicles, buildings or other structures, as measured from the long side of the vehicle; nor closer than two (2) feet from other recreational vehicles, buildings or other structures, as measured from the front or rear of the vehicle. The required ten (10) feet shall exclude any bump-outs or other protrusions from the side of the vehicle. e. Recreational vehicle parking areas shall have drivable surfaces engineered to hold the weight of recreational vehicles, fire equipment, and other emergency response equipment in all types of weather. f. Any changes to the layout of recreational vehicle parking areas shall be required to be submitted to the licensing and permitting division at least 30 days prior to the race event. g. The Fire Marshal's Office may grant an exception to any provision of section 5.52 if it can be demonstrated that equivalent means of public safety and fire protection are being provided. h. The Fire Marshal's Office shall develop policy guidance on the implementation of this section. BE IT FURTHER ORDAINED: That Appendix F - Fees and Fines, Appendix B - Zoning, be amended by inserting a new Article 6 - Off-street Parking, Driveways and Loading Facilities, immediately following Appendix B--Zoning, Article 5--Supplementary Regulations, as follows: Fees and Fines Description (in dollars) Appendix B--Zoning, Article 6--Off-street Parking, Driveways and Loading Facilities Sec. 5 Supplementary Regulations for Parking and Loading Facilities Subsec. 5.5 Parking for Motorsports Racing Subsec. 5.52(b) 1-5 Recreational vehicles No fee 6-25 Recreational vehicles $25.00 26-50 Recreational vehicles $50.00

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 5 Fees and Fines Description (in dollars) 51-100 Recreational vehicles $100.00 >100 Recreational vehicles $150.00 ADOPTED: MARCH 8, 2010 PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS - ORDINANCE #2009-30 CORRECTION TO APPENDIX B - ZONING, ARTICLE 6 - OFF- STREET PARKING, DRIVEWAYS AND LOADING FACILITIES A public hearing was duly advertised for this time and place to consider approval of proposed land and zoning text amendments that would clarify that uses in existing buildings within the C-2 (Central Commercial) zone would not be required to construct new parking spaces. The proposed ordinance was reviewed by the Parks, Recreation, and Community Enhancement Committee during their meeting of December 14, 2009 and approved by City Council during their meeting of January 11, 2010, at which time the First Reading of the proposed amendment was accomplished. Since the ordinance will amend the zoning text, a public hearing is required. Mr. Salters moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Hogan and unanimously carried. (The First Reading of Ordinance #2009-30 was accomplished during the Council Meeting of January 11, 2010). Mrs. Townshend, Director of Planning and Community Development, briefly reviewed the petition to amend the zoning text. She advised members that the Planning Commission recommended adoption of proposed Ordinance #2009-30. Council President Williams declared the hearing open. There being no one present wishing to speak during the public hearing, Council President Williams declared the hearing closed. By motion of Mr. Salters, seconded by Mr. Hogan, Council, by a unanimous roll call vote (Mr. McGlumphy absent), adopted Ordinance #2009-30, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 3 - Required Off-Street Parking Spaces, be amended to read as follows:

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 6 3.1 Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any lot as specified in article 4, zone bulk and parking regulations or as specified below for each use in any zone, whichever is greater, except for existing buildings within the C-2 Zoning District, where Article 4, Section 4.14, zoning bulk and parking regulations governing the C-2 Zoning District shall prevail. ADOPTED: MARCH 8, 2010 PUBLIC HEARINGS - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - NOTTINGHAM MEADOWS SUBDIVISION - 433 BEUVALE LANE, AND 312, 328, AND 329 GILLIBROOK LANE - OWNED BY STOVER HOMES, LLC A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 433 Beuvale Lane, and 312, 328, and 329 Gillibrook Lane, owned by Stover Homes, LLC. Mr. Scott Koenig, Public Services Manager, stated that each property is under construction for a single family home. The City of Dover has received an informal notice that the developer, Stover Homes, LLC, is no longer operating; therefore, these structures are currently unsecured and represent a potential danger to the health, safety, and general welfare of the community. Several neighbors have complained that people are entering the unsecured structures. Staff intends to board up the open garages since doors have not been installed. In addition, staff will either board the entry doors to the homes or place locks on the doors to secure the structures. No other work is intended to be done at this time. Mr. Koenig assured members that these properties meet several definitions of a dangerous building under Chapter 22, including but not limited to Section 22-381 - Definitions (12) - Unoccupied Buildings. Since these properties are unsecured and there is no property owner to notify, he explained that it would be appropriate to use the emergency provision under Section 288 of the Dover Code waiving the public notice requirements and the order to repair. Staff recommended that City Council: 1) declare the property dangerous; 2) order the Building Inspector to have the properties immediately secured; and 3) order the City Manager, with the assistance of the City Solicitor, to cause the cost of securing these structures to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit of law against the owner. Mr. Koenig provided an estimate to secure the properties at a cost of less than $600. Responding to Mr. Salters, Mr. Koenig stated that staff will contact the bank, which has an interest in the properties, regarding the City’s action. He was not aware of the process or length of time involved in a foreclosure.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 7 Council President Williams declared the public hearing open. Mr. Alex Martin, 121 Derbyshire Avenue in Nottingham Meadows, advised members that the residents have held meetings and, since the beginning of the year, they were provided notification that Stover Homes is no longer in business, which is why the residents are in favor of the City’s proposed action. He noted that the properties are not secured and that children are able to access them, which he explained could pose a danger. He also relayed concern with the properties being accessed and vandalized. Mr. Richard Scott, 216 Saxtondale Lane in Nottingham Meadows, urged members to approve the requested action. He advised members that he has observed children accessing the properties and that it is a dangerous situation. He also relayed concern with vandals accessing the properties. There being no one else wishing to speak, Council President Williams declared the public hearing closed. Mr. Ruane moved for approval of staff’s recommendation and that action, in regards to the structures located at 433 Beuvale Lane, and 312, 328, and 329 Gillibrook Lane, owned by Stover Homes, LLC, be taken, as follows: 1) declare the property dangerous; 2) order the Building Inspector to have the properties immediately secured; and 3) order the City Manager, with the assistance of the City Solicitor, to cause the cost of securing these structures to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit of law against the owner. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. McGlumphy absent). PLANNED NEIGHBORHOOD DESIGN - BAY VILLAGE GENERAL SKETCH PLAN - LOCATED ON THE SOUTH SIDE OF WHITE OAK ROAD EAST OF STATE ROUTE 1 The Planning Office received a proposal to establish a Planned Neighborhood Development on 76.72+/- acres of land located on the south side of White Oak Road, east of SR 1, owned by Bay Village, LLC. Mrs. Ann Marie Townshend, Director of Planning and Community Development, briefly reviewed the application and advised members that the applicant is requesting to construct 462 residential units on approximately 76.72 acres known as Bay Village, south of White Oak Road and east of State Route 1. She reminded members that Bay Village was the subject of another Planned Neightborhood Development application in 2004, but this application included 224 acres and was proposing to utilize the Senior Citizen Housing Option. Mrs. Townshend noted that in accordance with Article 3, Section 24.1.a of the Zoning Ordinance, there is a three (3) step review and approval process for Planned Neighborhood Design (PND), which is intended to “... encourage superior residential environments through a unified planning process...”. In the first step, the developer shall submit a general sketch plan to City Council for their consideration in determining whether or not the proposed project is of such a design and type that warrants further review by the Planning Commission. If Council determines that further review is

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 8 warranted, then the project shall proceed to the second step, which is a more detailed Conditional Use Site Plan review and public hearing before the Planning Commission. Mr. Ruane relayed concern with making a determination, explaining that the only information provided was the general sketch plan, which appears to depict a full build-out plan/concept and does not appear to allow for other requirements, such as well-head protection areas, etc. He noted that there is no criteria provided in the Code to give guidance to members of Council with regards to determining superior residential environments and design. Responding to Mr. Ruane, Mrs. Townshend stated that the Code encourages a mix of uses of housing style and type, which the proposed plan provides. She explained that at this time, certain detailed requirements are not provided; however, she assured members that the open space plan and the active recreation plan would require review by the Parks, Recreation, and Community Enhancement Committee for their recommendation to City Council. In response to the concerns regarding the PLUS comments, Mrs. Townshend assured members that the applicant will be required to respond to each of the comments prior to submitting an application to the Planning Commission. Mr. Hogan also relayed concern with the general sketch plan, explaining that it depicts a very crowded and congested neighborhood. He questioned the location of the wetlands which must be protected. Responding, Mrs. Townshend stated that in any case where there are wetlands on a State map, the City would require a wetlands delineation prior to any development application. In response to Mr. Leary, Mrs. Townshend explained that if Council refers the PND to the Planning Commission, the first step would be for the applicant to submit a conditional use application to the Planning Commission, at which time the wetlands delineation, their concept for active recreation, landscaping, building architecture, etc. would be reviewed, so that by the time the matter is presented to the Planning Commission, much more information would be provided. The Planning Commission would hold a public hearing, and afterwards a decision would be made on the conditional use portion of the application. She stated that the plan design presented will probably be changed substantially prior to submission to the Planning Commission and that it could and probably would be changed again by the Planning Commission. Mr. McGiffin moved to forward the Planned Neighborhood Design Application for Bay Village, General Sketch Plan, to the Planning Commission, seconded by Mr. Leary. Mr. Ruane moved that the applicant be required to have responses to the PLUS comments contained in the package provided to Council when submitting documents to the City Planning Department. The motion was seconded by Mr. Slavin. Responding to Mr. Salters, Mrs. Townshend reiterated that the applicant will be required to respond to each of the PLUS comments prior to submitting an application to the Planning Commission. Mr. Ruane explained his understanding was that the response to the PLUS comments are not required until the second stage of the design review. His motion suggests that the response be required when the application is presented to staff, during the initial review.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 9 Mr. McGiffin felt that the City had a process in place and that the process should not be changed on an ad-hoc basis. The motion that the applicant be required to have responses to the PLUS comments contained in the package provided to Council when submitting documents to the City Planning Department failed by a roll call vote of six (6) no, two (2) yes (Mr. Slavin and Mr. Ruane), and one (1) absent (Mr. McGlumphy). The motion to forward the Planned Neighborhood Design Application for Bay Village, General Sketch Plan, to the Planning Commission was carried by a roll call vote of six (6) yes, two (no) (Mr. Hogan and Mr. Ruane), and one (1) absent (Mr. McGlumphy). SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - FEBRUARY 22, 2010 A Special Parks, Recreation, and Community Enhancement Committee meeting was held on February 22, 2010 with Chairwoman Russell presiding. Presentation - by Greater Dover Committee - Kent Sports Complex Ms. Linda Parkowski, Director, Delaware Economic Development Office, Tourism Division, explained that her office had received a number of Requests for Proposals to hold sporting events in Delaware and that these requests involved a significant amount of money. She subsequently met with Cindy Small, Executive Director, Kent County & Greater Dover Delaware Convention and Visitors Bureau, to discuss the possibility of locating such a facility in Delaware. Ms. Parkowski reviewed a presentation regarding a proposal for the construction of a sports complex in Kent County. She indicated that the complex could potentially include 15 multipurpose fields that could host “long-field” sports such as soccer, lacrosse, and field hockey, as well as other tournaments, and would also include a lighted turf stadium which could seat 1,000 people. She estimated that such a facility could result in an economic impact of as much as $30 million in one (1) year for Kent County. Ms. Parkowski noted that there is a need for more athletic fields in Kent County and that such a facility could alleviate problems stemming from the overuse of existing fields in the area. She anticipated that the facility would be organized through a public/private partnership and identified various potential stakeholders in the project. She reviewed a map of the proposed complex, which she explained would occupy 100 acres. She noted that Kent County donated a 600-acre site and offered effluent water from a nearby sewage treatment plant to irrigate the sports complex fields. Mr. Gregg Moore, President of the Greater Dover Committee (GDC), explained that his organization has adopted this project, believing that it could be a great enhancement to the community and a very strong economic development opportunity for Kent County and its municipalities. He explained that a consultant will be commissioned to perform a feasibility study to determine whether the proposed location, type of facility, number of fields, and connection with Route 1 are viable options. The study will also provide information regarding how other competing facilities operate, as well as who the owner and operator of the complex should be.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 10 He reviewed a map of the project’s proposed location, stating that the complex was originally considered for a location in central Dover; however, there were no properties large enough to accommodate 15-20 fields. However, the County had 600 acres of property which they were willing to donate. Mr. Moore stated the Delaware Department of Transportation (DelDOT) is planning to eliminate crossings on Route 1 to expedite traffic south and has designed an interchange directly at the proposed site, which is scheduled for construction in 2013. He felt that the high speed highway connection to Dover and the beaches is a key factor in the plan, stating that this would be a great asset to the project in terms of both accessibility and visibility, and projected a very positive economic impact for Dover, as families attending sporting events would be drawn to Dover lodging and attractions. In response to Mr. Anthony DePrima, City Manager, Mr. Moore identified the area in discussion as being positioned off Route 1 near the bridge that crosses the Murderkill River, southeast of Frederica, and near the sewage treatment plant. He explained that Kent County had purchased the property surrounding the plant to prevent housing development in that area. Responding to Mr. Hogan, Ms. Parkowski explained that one option that is being considered as a funding source to help sustain the facility is a “room booking engine” which is an approach that is sometimes used by similar facilities. Under this system, when hotel rooms are booked for a tournament event, a rebate goes directly to the facility. She explained that this results in a user fee that is charged only to those who use the facility, as opposed to a general, overall tax. In response to Mr. Hogan, Mr. Moore stated that most Dover hotels are within 15-16 miles of the proposed site, which is similar to the situation in Downingtown, Pennsylvania, where a sports facility is currently operating successfully. He noted that this complex would be Dover’s closest competitor. He stated that Harrington hotels were approximately ten (10) miles from the site, but believed that the municipality of Dover would be the biggest beneficiary from users due to the availability of hotels and restaurants in close proximity to shopping in the City. Responding to Mr. Hogan, Ms. Parkowski stated that the proposed feasability study should provide recommendations to help identify an owner/operator for the facility, and that possibilities include a partnership arrangement or a non-profit group that hires a professional sports operator or management company. In response to Mr. Hogan, Mr. Moore indicated that baseball is not being proposed at the complex at this time because there are competing facilities presently both in northern Delaware and in southern Delaware. However, he stated that various types of offerings to be available at the site will also be considered in the feasibility study. Mr. DePrima provided a brief history of his involvement with the project, noting that it was first proposed for the City’s Garrison Tract. He stated this was ruled out as an option for various reasons, including zoning issues and the need to proceed with energy goals established by the City’s 2030 committee. He indicated that there was an attempt at that time to partner with Delaware State University for the project, but this was unsuccessful.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 11 In response to Mr. DePrima, Mr. Zachery Carter, Director of Parks and Recreation, confirmed that fields at Schutte Park are overused due to both league demands and utilization of the site for practice and “pick-up” games. Responding to Mr. Ruane, Ms. Parkowski stated that it is believed that, in order to be successful, the facility must operate 12-15 tournaments per year, but presumably could be used by the community the rest of the time. She emphasized that the feasibility study should provide information on which uses could be both economic generators and serve the community. In response to Mr. Ruane, Mr. Moore stated that the Central Delaware Soccer Association (CDSA) has been involved in the discussion regarding the facility and is interested in participating. Responding to Mrs. Russell, Mr. Moore stated that he hopes the facility would operate at no cost to the taxpayers. However; he noted that the GDC plans to approach a number of different sources for money, including the State, Kent County, the City of Dover, other Kent County municipalities, and any outside entities who want to help build, fund, and operate the facility. Mr. Ruane noted that City of Dover taxpayer money is already at stake in that City residents contribute $2.5 million per year in County taxes and have, therefore, contributed to funds used to purchase the land. In response to Mrs. Russell, Mr. Carter stated he felt the facility would not impact use of Schutte Park, as local teams will still need a place to play, and the proposed complex would host large tournaments with entry fees of approximately $500-$700 per team. Responding to Mrs. Russell, Mr. Moore stated that he is currently hoping to raise funds for the feasibility study, which is estimated to cost from $50,000-$100,000. He noted that he had recently received proposals from five (5) firms, one of which is the Ripken Baseball Group of Maryland, which has had success operating a similar facility in Baltimore. In response to Mrs. Russell, Mr. Moore stated that the feasibility study would provide projections for the number of jobs that could be created in both construction and operation of the facility; however, he felt that the greatest potential benefit to Dover will be the thousands of people who will be drawn to the City, resulting in increased jobs in local hotels, restaurants, and stores. Responding to Mr. Lewis, Mr. Moore projected that the feasibility study could take approximately three (3) months and that he anticipates the planning stage to continue for 12-18 months. Mr. Moore requested the City’s support for the project. No further action was taken by the committee. During the Council Meeting, Mr. Moore and Mrs. Parkowski provided a Presentation - Kent County Sport Facility: Making a Dream a Reality (Exhibit #1).

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 12 Responding to Mr. Salters, Mr. Moore stated that neither basketball nor baseball were mentioned in the presentation. He advised members that one of the reason for pursuing the feasibility study is to make sure that the decisions being made are right in this regard. He explained that it was felt that baseball facilities are offered in communities throughout Delaware and there is not quite as much traveling involved in baseball, as with some of the other sports, reminding members that it is felt that this project will bring people in from other areas for the traveling sports, such as soccer and lacrosse. He noted that basketball, unless held inside, would not bring people in from other areas since tournaments are typically held inside. He stated that it is felt that there would not be available the necessary revenue required for basketball. In response to Mr. Ruane, Mr. Moore stated that there has been communication with the Central Delaware Soccer Association (CDSA); however, there have been no further discussions since their last committee meeting. Mrs. Parkowski advised members that the CDSA indicated their interest in participation and utilizing the facility and that they are very supportive of the efforts. Once the results of the feasibility study are obtained, she stated that further meetings with the CDSA will be held. Mr. Moore assured members that the Greater Dover Committee is considering all the comments being made and that updates would be provided as they move forward. He requested that the City of Dover become a partner and leader with the Greater Dover Committee and that the City include a financial contribution in their budget for the upcoming year. Statistics Regarding Jobs and Businesses Gained and Lost in the City of Dover since July 2009 Mr. William Neaton, Economic Development Director, reviewed a report listing employment statistics on the 12 largest employers in the Dover area and explained that his office has established relationships with the management and human resources departments of these companies in order to track job growth or decline. He stated that he plans to update the Committee and Council with this information on a semi-annual basis. Mr. Hogan noted that Dover Downs is planning to hire approximately 200 people and that Wal-Mart is planning to leave Dover, which will result in job loss. In response to Mr. Ruane, Mr. Neaton stated that December statistics indicate a decline in the unemployment rate in Dover. Mr. Ruane noted that the Committee would benefit from information regarding specific employment sectors such as construction, manufacturing, and finance and noted that some of the smaller businesses are being hurt the most. Mr. DePrima noted that the report is “organic” and will improve over time. He noted that the report is a good starting point and has value, as it allows staff to monitor employment trends. He felt that some decisions should be made on the boundaries to be included, noting that Comcast is not within City of Dover limits and that Wal-Mart will move outside City limits but will not result in job loss for residents of Dover. In addition, he suggested that statistics from Dover Air Force Base (civilian, uniformed, and active duty personnel) be added to the report.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 13 Mr. Neaton stated that information on the Air Force Base is readily available and will be provided to members. Benchmarks Established for the Economic Development Office Mr. William Neaton, Economic Development Director, reviewed a report on benchmarks established by the Economic Development Office. He explained that the Downtown Dover Partnership (DDP) recently partnered with an informal association of Bar, Restaurant, and Tavern owners in the downtown area, who will bring in three (3) or four (4) Friday night events to the area. He provided a verbal update to the report, stating that a total of three (3) new businesses have recently relocated to the downtown target area, resulting in the filling of three (3) vacant commercial tenant spaces. Mr. Neaton provided members an updated version of the Downtown Dover Partnership Vacant Building Inventory/Update (attachment to committee minutes) for review. He noted that the format was revised to include property profiles, asking price, and contact information so that this information is readily available to interested parties. Mr. Ruane suggested that the achievements of the Downtown Dover Partnership be reflected in the report, including the good work done in assembling land parcels and assuming responsibility for managing DDP-owned parcels. Statistics Regarding the Percentage of Pitts Center Users Who Are Non-Dover Residents Mr. Zachery Carter, Director of Parks and Recreation, reviewed the John W. Pitts Recreation Center Report of Participant Use, noting that 39% of all users are City residents, 53% non-City, and 8% are under age 12 or visitors. He indicated that non-revenue generating users consist of 41% City residents, 50% non-City, and 9% under 12 or visitors. He added that statistics for league play reflect that 20% of participants are City residents and 80% are from outside the City, and 33% of league sponsors are located in the City compared to 67% outside the City. In response to Mr. Hogan, Mr. Carter stated that access to the Open Gym varies by season and that there is sometimes no access available on Saturdays due to youth basketball and field hockey leagues. Mr. Hogan expressed frustration that the City is providing a “tremendous amount” of recreational opportunities for those residing outside of City limits. He felt that at some point, fees for non-City residents should be considered. Mr. Ruane suggested that the report be provided to the County and that they be encouraged to proceed with building an additional indoor recreation facility, as they had stated their intention to partner with the City in meeting this need for area residents. In response to Mr. Ruane, Mr. DePrima indicated that he intends to share this information with Mr. Michael Petit de Mange, Kent County Administrator.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 14 UPDATES Puncheon Run Watershed Action Team Report Mr. Scott Koenig, Public Services Manager, stated that he had no further information to report at the current time. Planning and Funding for New Library Mr. Zachery Carter, Parks and Recreation Director, stated that the Library Fundraising Campaign is active and $100,000 has been raised to date. He noted that approval to hire an architectural firm to prepare construction documents for the new library will be considered by City Council on February 22, 2010. Comprehensive Plan for Implementation Status Report A written report was submitted by Mrs. Ann Marie Townshend, Director of Planning and Community Development. Skate Park Committee Mr. Chris Asay, member of the Skate Park Committee, stated that after receiving permission from the Committee to proceed with a temporary skate park, Skate Park Committee members evaluated the site of the former water treatment plant south of Legislative Hall, determined it would be adequate, and met with neighborhood residents who granted conditional approval pending more details. However, he explained that after meeting with Mr. DePrima and Mr. Carter at the site, it was determined that the location had drawbacks, including limited visibility for monitoring purposes, and would also require fencing, which would cost over $10,000. It was the conclusion of the Skate Park Committee that a temporary skate park was not a viable option and that the City is continuing to leave skateboarders on their own to find non-sanctioned surfaces for practicing their sport. Mr. Asay stated that the Skate Park Committee requests that the City: 1) incorporate a modest allocation in the Parks Department budget for in-house construction of “skate spots”, which are small concrete areas within larger parks in the city that could be built immediately; and 2) finalize a site to be designated for a larger, permanent regional skate park. He stated that it is the Skate Park Committee’s hope that this permanent project be incorporated in the master plan for Schutte Park. He noted that taking these steps would demonstrate the City’s commitment to providing local skateboarders with legitimate places to skate and allow the group to begin fundraising efforts. He stated that Kent County has expressed an interest in participating and requested that the Committee support these two (2) ideas. In response to Mrs. Horsey, Mr. Carter stated that Dover Park, Silver Lake, and a small area at Schutte Park are being considered for the addition of skate spots, which would provide locations in central Dover, as well as on the east and west sides. Mrs. Horsey expressed her support for these recommendations in view of the problems the City is currently experiencing due to unmonitored skateboarding activities.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 15 Mr. DePrima stated that the Skate Park project, which includes identifying three locations for skate spots and preparing a proposed concept, budget, and design for a major park, is one of Mr. Carter’s evaluation goals. He stated the Skate Park Committee could assist in this process by producing a document that would outline its recommendations for Mr. Carter’s consideration. In response to Mr. Ruane’s request that funds for skate spots be included in the budget for the next fiscal year, Mr. DePrima stated that he and Mr. Carter were discussing both skate parks and spray parks but did not feel both could be funded simultaneously. He stated that he would like to get a recommendation from the Committee regarding their priorities. Youth Advisory Committee Mrs. Russell stated that the previous Youth Advisory Committee meeting was canceled due to inclement weather, but the group remains active. Mr. Leary moved for acceptance of the Special Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. McGiffin and unanimously carried. UTILITY COMMITTEE REPORT - FEBRUARY 22, 2010 The Utility Committee met on February 22, 2010 with Chairman Ruane presiding. Water/Wastewater Service Handbook and Related Proposed Ordinance #2010-07 Mr. Ron Lunt, Public Utilities Director, informed members that the Public Utilities Department identified a need for an up-to-date document that outlined the standards and requirements of the water and wastewater utilities and associated infrastructure. He further mentioned that, historically, the various codes, rules, regulations, standards, specifications, requirements, and practices were not located or referenced within a single document. To rectify this situation, Staff developed a new document complete with several appendices and related ordinance amendments. Mr. Lunt stated that the primary goal of this handbook is to have all of the information in one document, benefitting property owners, customers, developers, consultants, contractors, and City of Dover staff. Mr. Lunt thanked Ms. Sharon Duca, Water/Wastewater Manager, and Mr. Jeremy Johnson, Electrical Engineer I, for their hard work on this project. Ms. Duca reviewed the Water/Wastewater Service Handbook and Related Proposed Ordinance #2010-07. Mr. Ruane commended the Public Utilities staff for their efforts on the handbook. Mr. Hogan suggested that the authors of the handbook should be listed on the document and that a copy of the handbook should be kept at the Library. Responding to Mr. Hogan, Ms. Duca stated that she was unsure if a double trap would be needed if an irrigation system was installed at a location where only one trap exists.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 16 In response to Mr. McGiffin, Ms. Duca stated that the handbook would be used for answers regarding installation and would be adopted along with the Ordinance. Major Kosior requested that the changes and updates be incorporated into a separate, condensed document to be used as a quick reference guide. Responding to Mr. Ruane, Ms. Duca concurred that separate, subject-specific handouts will continue to be provided at the entrance of the Public Utilities Department. In response to Mr. Ruane, Ms. Duca stated that, although new construction requires two (2) cleanouts, only the one outside of the right-of-way or easement line is the jurisdiction of Public Utilities; the cleanout located near the house is the responsibility of the Planning and Inspections Department. Ms. Duca further mentioned that the handbook is not meant for code enforcement on existing buildings but for use on new projects. Responding to Mr. Ruane, Ms. Duca stated that the section stating that no trees may be planted within ten feet (10’) of water and wastewater utility refers to the main line, not the lateral. In response to Mr. Ruane, Ms. Duca stated that, because the City is a contract user of Kent County, the City must adhere to the sewer section of the County code. Mr. Ruane suggested that a pamphlet be created to explain the codes related to sewer. In addition, he suggested that the City offer caps free of charge to residents to aid in the elimination of illegal discharges to the sanitary sewer system, similar to the City’s smoke detector giveaway, and requested that Staff research the cost of caps. Mr. Anthony DePrima, City Manager, thanked those involved in putting this document together. The committee recommended approval of the Water/Wastewater Service Handbook and Related Proposed Ordinance #2010-07. By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation for approval of the Water/Wastewater Service Handbook (Exhibit #2) and related proposed Ordinance #2010-07. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent). (The First Reading of the ordinance will take place during the latter part of the meeting). Review of Utility Related CIP’s (Electric and Water/Wastewater) (December 2009) Members were provided the Capital Investment Plan Project Tracking Report (as of December 31, 2009) and Major CIP Project Reports for the General Fund, Community Transportation and General Fund Street Funds, Water/Wastewater Improvement and Extension Fund, and Electric Improvement and Extension Fund. Mr. Anthony DePrima, City Manager, advised members that the CIP Report has been returned to the previous format, as it is more comprehensive. He stated that all of the electric projects have been started and that great progress is being made on the water/wastewater projects.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 17 Responding to Mr. Hogan, Mr. DePrima stated that the City received a substantial Federal grant for the Lincoln Park Center project, which involves the extension of Clarence Street from North Street to Forest Street and includes the redevelopment of the industrial land on those streets. In response to Mr. Ruane, Mr. DePrima stated that the water tower project might be delayed due to a decrease in growth projections; however, three (3) potential sites for the tower are being considered. The committee recommended acceptance of the report. By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent). Update - Green Energy Funding and Programming Mr. Anthony DePrima, City Manager, advised members that the City received notification from the Federal Government that the $180K for the Energy Efficiency Community Block Grant can now be expended. He further advised members that the contract for the Solar Project at the power plant has started, the specification process for the LED Project is underway, and the wastewater motor replacement is ready for the bidding process. Responding to Mr. Hogan, Mr. DePrima stated that the LED replacement lights will continue to work on a sensor as they currently do and advised members to report any flickering lights. In response to Mr. Ruane, Mr. DePrima stated that he has not received any word regarding the State distribution of $9M of Federal funds allocated for green energy projects. Responding to Mr. Ruane, Mr. DePrima confirmed that the Department of Natural Resources and Environmental Control (DNREC) is an electric customer of the City of Dover that received a $30K Green Energy Grant award. In response to Mr. Ruane, Mr. Ron Lunt, Public Utilities Director, stated that a recipient can be awarded more than one (1) grant if applying for different technologies, such as geothermal and solar. He further advised that there is a seven (7) month delay in grant awards, as there are more applications than available funds. The committee recommended acceptance of the Update on Green Energy Funding and Programming Report. By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent). PACE/NAES Monthly Report (December) Members were provided the PACE/NAES Monthly Report for December. The report was provided to allow members the opportunity to monitor what is being sold in electric and the revenues received,

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 18 which will give members a better understanding of any fluctuations and make improvements if deemed necessary. Although it was not staff’s intention to make a presentation of the report, they welcomed any questions. Mr. Anthony DePrima, City Manager, advised members that the budget was reset as part of a mid- year review process. He further mentioned that December was the coldest month on record and that there were no run time or accidents. Mr. DePrima noted that CO2 credits were added in the amount of $6K. The Environmental Protection Agency (EPA) has requested that the plant be turned on for testing, and when this occurs there will be costs involved. The committee recommended acceptance of the PACE/NAES Monthly Report for December. By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent). By consent agenda, Mr. Slavin moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent). LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - FEBRUARY 22, 2010 The Legislative, Finance, and Administration Committee met on February 22, 2010 with Councilman Salters presiding in the absence of Chairman McGlumphy. Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there are no positions to consider, the item could be removed. Temporary/Part-Time Account Clerk III Mrs. Mitchell, Controller/Treasurer, explained that due to the increased workload in the payroll office, it is necessary to hire a temporary/part-time Account Clerk III and briefly reviewed the hiring justification provided to members. She advised members that the position would be filled through Accountemps Agency for 22 weeks, beginning March 1, 2010 through July 31, 2010. Responding to Mr. Leary, Mrs. Mitchell indicated that an extra position has been budgeted for to help with the workload in next fiscal year’s budget and that staff is also reviewing the possibility of outsourcing as an alternative. The committee recommended that staff be granted permission to recruit for the position of a temporary/part-time Account Clerk III, as requested by staff. By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent).

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 19 Proposed Amendment to the United Way Land Lease Mr. DePrima advised members that in 1985, the City of Dover leased excess land located on United Way Drive to the United Way for one ($1) dollar. The purpose was to give the United Way an opportunity to build an office building on the property. The terms of the lease allowed the United Way to lease the property as long as it was used for its purposes. One condition of the lease was that the United Way could not sublease the property without approval from the City of Dover. The United Way constructed a building on the lot and has occupied it in accordance with the lease since 1986. Mr. DePrima stated that the United Way of Delaware now wishes to relocate its Kent County Office to the new Community Service building, which is a more central location that will put the organization in closer contact with the many nonprofit groups it serves. The Community Services building is operated by the Greater Dover Committee at 101 W. Loockerman Street, Suite 2B. The United Way wants to make its existing facility available to its nonprofit partners that may need the space to provide direct services to the people of Kent County. These services might include job training programs, financial assistance programs, youth services, and other related initiatives that would be especially meaningful in the present economy. Under the current lease, Mr. DePrima explained that the United Way would have to seek City Council approval each time it wishes to sublease its property to one of its partners. As an alternative, a lease amendment has been prepared to give the United Way the flexibility to sublease its properties to partner organizations. He stated that it is staff’s opinion that the City has no need for the land, and the lease amendment preserves the spirit of the original lease. Members were provided with the original land lease, as well as the proposed amendment. Staff recommended approval of the proposed amendment that will allow the United Way to sublease property to partnership organizations. Responding to Dr. Jones, Ms. Michelle A. Taylor (President and Chief Executive Officer for United Way of Delaware) indicated that there is already one (1) potential partner who works with the Unemployment Office and State Service Centers and provides some workforce development services, such as conducting training, rebuilding competency skills, etc. In response to Mr. Leary, Mr. DePrima stated that, should the committee recommend its approval, he would request the City Solicitor to review the proposed amendment prior to the committee’s recommendation being considered by City Council on March 8, 2010. The committee recommended approval of the proposed lease amendment that will allow the United Way to sublease property to partnership organizations, contingent upon the City Solicitor’s review. (City Clerk’s Office Note: The lease amendments have been reviewed and approved by City Solicitor Rodriguez). By consent agenda, Mr. Slavin moved for approval of the proposed lease amendment (Exhibit #3), as recommended by the committee. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent).

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 20 Final Report - Revenue/Cost Saving Ideas Submitted for Consideration During their meeting of May 19, 2009, Council reviewed the budget for Fiscal Year 2009/2010 which included a budget shortfall in the amount of $986,781 (across all three (3) funds). In light of the shortfall, Mr. Kenneth Clendaniel, along with the IUE, provided a list of suggestions to save money and increase revenue throughout the City of Dover. Mr. McGlumphy had noted that the 30 suggestions would be considered by members 10 at a time. During their meeting of July 13, 2009, members began their review of a list (items #1-#10) of revenue/cost saving ideas developed by employees (items #11-#20 were reviewed during their meeting of August 10, 2009; items #21-#30 were reviewed during their meeting of September 14, 2009; and items #31-#48 were reviewed during their meeting of October 12, 2009). During the committee meeting of October 12, 2009, staff was directed to provide the Committee with a more detailed analysis on all suggestions for further discussion. It was estimated that it would take at least a month for staff to research and analyze findings before reporting back to the Committee. Mr. DePrima, City Manager, submitted a report that provided the recommendation/status as well as the estimated revenue decrease/increase regarding the Revenue/Cost Saving Ideas Submitted by City Employees. The committee recommended acceptance of the reports submitted, List of Ideas for the City to Save Money or Bring in Revenue and City Wide Ideas to Save Money. Mr. Leary reiterated appreciation for the ideas that were brought forward by Mr. Clendaniel and other employees throughout the City. By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation for acceptance of the reports submitted, List of Ideas for the City to Save Money or Bring in Revenue and City Wide Ideas to Save Money. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent). Proposed Ordinance #2010-06 - Amending Chapter 102 - Taxation, Article VI - Exemptions; Board of Assessment Appeals, Section 102-183 - Tax Exemptions for Senior Citizens, Subsection (b) - Qualifications, Subsection (3) - Exclusions from Income Members were provided Proposed Ordinance #2010-06 that would place a cap on the excluded amount allowed for Civil Service Pension. Ms. Russell, City Assessor, advised members that when an ad hoc committee was formed in October 2007 to discuss property tax reductions for senior citizens, a major topic was the addition of an exclusion for Federal Civil Service Retirement. It was reported that former federal retirees participate in this retirement plan as an alternative to Social Security. The Federal Civil Service Retirement was approved as an exclusion and became effective for the July 2008 Billing. She stated that during the past two (2) years, the Assessor’s Office has noticed that there are approximately 16 senior citizens who benefit from the new exclusion. The

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 21 purpose of this ordinance amendment is to implement an income cap for federal retirees as is currently in effect for Social Security retirees. Mrs. Russell indicated that if the amendment is adopted, approximately five (5) senior citizens would not qualify for the Senior Reduction in taxes because of the significant amount of income that is received from the Civil Service Pension. Staff recommended approval of Proposed Ordinance #2010-06, amending Chapter 102 - Taxation, Article VI - Exemptions; Board of Assessment Appeals, Section 102-183 - Tax Exemptions for Senior Citizens, Subsection (b) - Qualifications, Subsection (3) - Exclusions from Income. The committee recommended adoption of Proposed Ordinance #2010-06. By consent agenda, Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent). (The First Reading of the ordinance will take place during the latter part of the meeting). By consent agenda, Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote ( Mr. McGlumphy absent). MONTHLY REPORTS - JANUARY 2010 By motion of Mr. Slavin, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report City Assessor Report City Manager's Report City Planner’s Report LETTER IN OPPOSITION TO HOUSE BILL #194 - ADDITION OF NEW GAMBLING VENUES IN DELAWARE During their Regular Meeting of February 22, 2010, members considered a request for the submission of a letter in opposition to the addition of new gambling venues in Delaware (House Bill #194). After much discussion, members requested that the letter be redrafted in a format that is appropriate for the City of Dover and that House Bill #194 and other appropriate materials be provided and resubmitted at the next City Council Meeting for further consideration. Council President Williams noted that members have been provided with a revised letter as well as House Bill #194 and its amendments. Mr. McGiffin moved for approval of the letter as drafted, seconded by Mr. Hogan. Mr. Hogan stated his concurrence with the concept as included in the letter, indicating his feeling that three (3) casinos is adequate for Delaware. His only concern with the draft letter is with the reference of a “catastrophic collapse” as mentioned in line 25. He suggested that line 25 of the letter be amended to replace “lead to catastrophic collapse of” to “could create serious financial damage to”.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 22 Mr. Ruane suggested that there are other exaggerations in the letter; however, he relayed his concurrence with the general concept. Mr. Hogan moved that line 25 of the letter be amended to replace “lead to catastrophic collapse of” to “could create serious financial damage to”. The motion was seconded by Mr. McGiffin and unanimously carried. The motion for approval of the letter as amended (Exhibit #4) was unanimously carried. SETTING OF PROPERTY ASSESSMENT APPEALS Ms. Russell, City Assessor, requested that the 2010 Property Assessment Appeals be scheduled for May 3, 2010 through May 7, 2010, and May 24, 2010 through June 11, 2010 between the hours of 9:00 a.m. and 4:00 p.m. Mr. Slavin moved to set the property assessment appeals as recommended by staff. The motion was seconded by Mr. Hogan and unanimously carried. ANNUAL REPORTS - PLANNING AND COMMUNITY DEVELOPMENT AND POLICE DEPARTMENT By consent agenda, Mr. Slavin moved for acceptance of the Annual Reports of the Planning and Community Development and the Police Departments (as on file in the Office of the City Clerk), seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. McGlumphy absent). REZONING REQUEST/FIRST READING - NOTTINGHAM MEADOWS - SOUTH SIDE OF HAZLETTEVILLE ROAD, WEST OF WYOMING MILL ROAD A request was received to rezone properties located on the south side of Hazlettville Road, west of Wyoming Mill Road, consisting of 88.10+/- acres, owned by multiple individual property owners. The property is currently zoned RM-1 (Medium Density Residence) and the requested zoning is R-8 (One Family Residence). Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. By motion of Mr. Ruane, seconded by Mr. Slavin, Council unanimously referred the request to the Planning Commission on April 19, 2010 and set a public hearing for May 24, 2010 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTH SIDE OF HAZLETTVILLE ROAD, WEST OF WYOMING MILL ROAD.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 23 FIRST READING - PROPOSED ORDINANCES Council President Williams reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of March 22, 2010. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows: < PROPOSED ORDINANCE #2010-07 AMENDING CHAPTER 98 - STREETS, SIDEWALK AND OTHER PUBLIC PLACES , CHAPTER 110 - UTILITIES, ARTICLE III - WATER SERVICE , CHAPTER 110 - UTILITIES, ARTICLE IV - SEWER SERVICE , AND APPENDIX F - FEES AND FINES (REFERRED BY THE UTILITY COM MITTEE ) < PROPOSED ORDINANCE #2010-06 AMENDING CHAPTER 102 - TAXATION, ARTICLE VI - EXEMPTIONS; BOARD OF ASSESSMENT APPEALS, SECTION 102-183 - TAX EXEMPTIONS FOR SENIOR CITIZENS, SUBSECTION (B) - QUALIFICATIONS, SUBSECTION (3) - EXCLUSIONS FROM INCOME (REFERRED BY THE LEGISLATIVE , FINANCE , AND ADMINISTRATION COM MITTEE ) COUNCIL MEMBERS ANNOUNCEMENTS Mr. McGiffin reminded members to mark their calendar for June 26, 2010 for the next African American Festival. Mr. Ruane reminded members that the St. Patrick’s Day Parade will be held on Saturday. Mr. DePrima advised members that they were provided information on the latest estimate (known as the mid-year review). This review has always been held during the first meeting in March; however, it has been decided to postpone this review until the second meeting in March since the Chairman of the Legislative, Finance, and Administration Committee wanted time to discuss the Pay-for-Performance. He reiterated that the information has been provided in the time frame that it is usually provided and that if there are any questions or concerns, he suggested that members contact staff. Mr. Salters moved for adjournment, seconded by Mr. Hogan and unanimously carried.

CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 24 Meeting Adjourned at 8:59 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of March 8, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg S:\PACKETS\2010\Council\03-22-2010\03-08-2010.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Presentation - Kent County Sport Facility: Making a Dream a Reality Exhibit #2 - Water/Wastewater Service Handbook Exhibit #3 - Lease Amendment - United Way Land Lease Exhibit #4 - Letter in Opposition to House Bill #194

PROCLAMATION Whereas, our nation's use of energy continues to increase resulting in detrimental effects on the world's climate; and Whereas, it has been estimated that turning non-essential lights out in America for one hour could save as much as 15% of the energy consumed on an average Saturday night, and Whereas, the energy savings will reduce carbon emissions into our air, preserve the natural resources used to produce this energy, set a positive precedent for the rest of the nation, and result in ongoing reduced costs for the taxpayers and businesses of the City of Dover; and Whereas, participation in Lights Out America - Earth Hour will provide the residents of the City of Dover with insight into the impact of light pollution and allow them to witness firsthand the benefits of regulating outdoor lighting. Now Therefore I, CARLETON E. CAREY, SR., Mayor of the City of Dover, Delaware support the recognition of Lights Out America - Earth Hour on March 27, 2010, by recommending to the residents and businesses of The City of Dover to participate by turning out non-essential lights from 8:30 p.m. to 9:30 p.m. ________________________________ Carleton E. Carey, Sr. Mayor

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT The Parks, Recreation, and Community Enhancement Committee meeting was held on March 8, 2010, at 12:00 noon with Chairwoman Russell presiding. Members present were Mr. Ruane, Mr. Lewis, and Mrs. Horsey. Mr. Hogan was absent. AGENDA ADDITIONS/DELETIONS Mrs. Horsey moved for approval of the agenda, seconded by Mr. Ruane and unanimously carried. PRESENTATIONS Beautification Partnership Project - Dover Housing Authority and Habitat for Humanity Ms. Jocelyn McBride, Executive Director of the Central Delaware Habitat for Humanity, provided members with an information sheet (Attachment #1) detailing a “1-2-3 = ABC Community Event” being sponsored by the Dover Housing Authority and the Central Delaware Habitat for Humanity, with the support of Senator Carper’s office and Wesley College. Ms. McBride explained that the proposed project is a one-day community clean-up scheduled for August 21, 2010 from 8:00 a.m. to 3:00 p.m. and will focus on improving curb appeal and streetscape in a 20-block area of Downtown Dover, from West Street to Governors Avenue between Mary and Loockerman Streets. She stated that over 400 volunteers will be involved, including a large number of Wesley College freshmen who will participate as part of their student orientation. She explained that a group of volunteers will be assigned to each street to perform trash pick-up, raking, and curb painting. In addition, homeowners in the target area will be given an opportunity to submit applications to have minor home repairs completed free of charge. Each group working on homes will have a skilled maintenance person present to supervise repairs. She noted that donations will be solicited for materials and supplies. Ms. McBride mentioned that the downtown area will be promoted during this event, and merchants in the area will be given an opportunity to sponsor beautification projects and provide discount coupons to participants. Ms. McBride requested support from the City in identifying and assessing properties to be targeted, assisting with permitting, providing trash pick-up service, allowing access to fire hydrants to be used in pressure washing homes, providing police presence as needed, and assisting with other event-related needs. Mr. William Neaton, Economic Development Director and Director of the Downtown Dover Partnership, stated that he applauded the efforts of the organizers and fully endorses the project. Mr. Ruane suggested that the project planning team contact Ms. Pamela Sapco, Executive Director of the Delaware Center for Horticulture, who administers a State-wide program that includes development of horticultural projects such as community gardens, public landscapes, and tree programs, for a possible tie-in with this event. In response to Mr. Lewis, Ms. McBride noted that Wesley College has volunteered their athletic fields as the primary location for volunteers to congregate. Responding to Mrs. Russell, Ms. McBride indicated that income level will not be considered when evaluating home repair applications, although information will be collected regarding how many people are in each household and how many families are being served.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MARCH 8, 2010 PAGE 2 Ms. Ami Sebastian-Hauer, Executive Director of Dover Housing Authority, noted that a kickoff for the event is being planned for the middle of April and applications will be received from May 1, 2010 through June 1, 2010. Mr. Anthony DePrima, City Manager, stated his support for the project and indicated that the City would definitely like to participate. He commended the Dover Housing Authority and the Habitat for Humanity for collaborating on the joint undertaking. Mr. DePrima stated that accessing fire hydrants would be difficult to arrange because of potential problems with the water system. He suggested that a City of Dover representative be appointed to the event planning committee to serve as a point of contact. Ms. Sebastian-Hauer noted Wesley College’s support in the form of contributing T-shirts, supplies, volunteers, and the use of athletic fields. Mr. Ruane moved to recommend acceptance of the report and that the City of Dover provide support for the event in every way possible, seconded by Mrs. Horsey and unanimously carried. Overview of Salvation Army Programs Captain Jeny Shurtleff, Salvation Army Corps Commander, reviewed a presentation regarding the Salvation Army (Attachment #2). The presentation included information on the history of the organization, the extent of the Salvation Army’s influence, both nationally and internationally, and the structure of the organization. She mentioned features that make the organization unique, including its spiritual and social service functions, its emphasis on music, the publications that the organization produces, and its quasi-military format. She noted that the Salvation Army in Dover provides a number of community services including spiritual services and a variety of youth programs, including after-school programs for Booker T. Washington, Central Middle School, and William Henry students. She noted that staff includes a full-time caseworker who assists with crisis alleviation, resume writing, and personal budgeting, and a part-time cook who prepares food for the soup kitchen and for youth in the afterschool program. She added that the organization participates in a kettle drive, which begins with an annual kick-off at City Hall during the Christmas season and is supplemented with a Christmas in July drive. Captain Shurtleff stated that she and her husband have been directing the program in Dover since July of 2008 and have been working since then to improve the exterior and interior of the building. An open house was held recently to showcase improvements made to the facility and volunteers were recognized. She emphasized that there are always opportunities for volunteers in the organization, specifically in the soup kitchen, assisting with the kettle drive, and working with children. In response to Mr. Ruane, Captain Shurtleff noted that approximately 50 individuals are fed on days when the soup kitchen is in operation. In response to Mr. DePrima, Captain Shurtleff explained that Mr. Walter Bagley serves on the Board of Directors for Dover Interfaith Mission for Housing and the Salvation Army Council and is, therefore, in a position to communicate information between the two (2) groups. She further

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MARCH 8, 2010 PAGE 3 explained that it is possible that the Salvation Army could provide emergency shelter for homeless individuals on cold nights if the Interfaith Mission runs out of space, but volunteers would be needed to staff the facility. Responding to Mrs. Russell, Captain Shurtleff indicated that one of the organizations goals is to open the Salvation Army’s gym for youth basketball, and to provide the facility as a safe environment for Friday night dances for young people. She noted that the building may be rented out to generate income for other programs. Mr. Ruane expressed his appreciation for the work the Salvation Army is doing in the community. Silver Lake Revitalization Mr. Zachery Carter, Director of Parks and Recreation, provided members with a schematic drawing of Proposed Landscape and Stormwater Improvements for Silver Lake Park (Attachment #3), noting that the diagram represents the area of the park that is accessed from Kings Highway. He explained that the Silver Lake Commission has been working on ideas to improve the water quality of the St. Jones River and Silver Lake and has discussed the proposal with the State and with neighbors of the park. Mr. Carter introduced Laura Allison, the new St. Jones Watershed Coordinator, who will be working closely with the Silver Lake Commission to discuss possible improvements. Mr. Carter pointed out areas that are planned for native meadow plantings to help filter water runoff and reduce the need to mow. He explained that an area between the road and the river currently consists of dirt with exposed tree roots that are being eroded and will be replaced with wetland plantings and large, level, boulders will be placed at the edge of the water to create access to the river for fisherman. Walkways will also be provided to grant access through the wetland area. Parking will be relocated to the east side of the roadway, and the roadway will be moved 15-18 feet to the east. He noted that the area east of the road will remain turf grass, and a stretch of native meadow grasses will be added to the eastern border of the area. Mr. Carter explained that additional improvements are proposed to improve water drainage from the south end of the target area. Mr. Carter noted that the Silver Lake Commission endorsed the plan at their last meeting. He explained that the proposal was developed so that the group would be prepared to move forward if stimulus money becomes available. In response to Mr. Ruane, Mr. Carter estimated the cost of the project at $150,000 to $300,000 and noted that the State Department of Natural Resources and Environmental Control may also be able to help with funding. Responding to Mr. Ruane, Mr. Carter noted that the proposal encompasses Phase 2 of an improvement plan, and that Phase 1, which involved the establishment of native grasses by the bank of the river near Division Street, has been completed. He also mentioned that State funds have been designated to improve the water flow of the ditch that drains Washington Street on the west side of the Park. Mr. Carter stated that consideration will also be given to how Dover High School and Delaware Technical and Community College can improve drainage on their properties, which flows into Silver Lake.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MARCH 8, 2010 PAGE 4 In response to Mr. Ruane, Mr. Carter stated that there is no funding in the City’s Capital Improvement Plan for the project at this time, but that stimulus fund opportunities are being sought. Mr. Ruane moved to recommend supporting the plan as presented, seconded by Mr. Lewis and unanimously carried. LIBRARY BID PACKAGE A Mr. Zachery Carter, Director of Parks and Recreation, explained that, with the completion of the Design Development Phase of the Dover Anchor Public Library, the Library Steering Committee is ready to proceed with completing Construction Documents for Bid Package A, which will allow for construction of the exit road to Innovation Way from the existing City Hall parking lot, the relocation of the existing electric utility lines and transformers in this area, and construction of a retaining wall. These documents will be completed and bid as a separate package to allow this work to start prior to the library building and overall site construction. Mr. Carter explained that Holzman Moss Bottino Architecture has been selected to perform this work at a cost of $25,300, which will cover total expenses and an estimated 10 percent project reimbursables. In response to Mr. Ruane, Mr. Carter explained that funding for this portion of the project will come from the Library Reserve Fund and matching funds will be received from a State grant. Mr. Carter stated the importance of moving forward with this “groundbreaking” project to demonstrate to the State of Delaware the City’s commitment to the project. Staff recommended that the Professional Services Contract for Dover Anchor Public Library Bid Package A – Early Site Package for the Construction Documents, Bidding and Negotiation, and Construction Administration for the exit road to Innovation Way and the relocation of utilities in this area be awarded to Holzman Moss Bottino Architecture for the amount of $25,300 (including reimbursables) and that authorization be granted to the City Manager to enter into this contractual agreement. Mr. Lewis moved to recommend approval of staff’s recommendation, seconded by Mrs. Horsey and unanimously carried. CONSTRUCTION MANAGER AND CONSTRUCTION DOCUMENTS Mr. Zachery Carter, Director of Parks and Recreation, indicated that EDiS Company was selected as the Construction Management firm for the Dover Anchor Library project in July 2009. They have completed the work on the Design Development Phase, and the project is now entering the Construction Documents phase. He explained that this is the final phase before the bidding process begins for the Dover Anchor Library and is a continuation of work that EDiS completed during the Design Development Phase. Mr. Carter explained that, under this proposal, EdiS will review all documents to ensure that all elements follow the City’s desires for the project, as determined in the Design Development Phase, and that the City obtains a good value for dollars expended. In response to Mr. Ruane, Mr. Carter noted that EDiS reviewed the initial documents and was able to reduce the overall budget for the project from approximately $24 million to $22 million. He also

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MARCH 8, 2010 PAGE 5 noted that the funds for these services will be allocated from the City’s Library Reserve Fund with matching funds from the State of Delaware. Staff recommended that EDiS Company be hired as the Construction Management firm for pre- construction for the Dover Public Anchor Library and that the City Manager be authorized to enter into a contractual agreement for the Construction Document Services in the amount of $38,500 (including reimbursables). Mrs. Horsey moved to recommend approval of staff’s recommendation, seconded by Mr. Lewis, and unanimously carried. AFTER-SCHOOL GRANT - CAPITAL SCHOOL DISTRICT Mr. Zachery Carter, Director of Parks and Recreation, stated that the Capital School District currently pays the City of Dover to administer recreational after-school programs at Towne Point and Central Middle Schools. He indicated that the School District has an opportunity to apply for additional grant funding to expand the program to add 6-8 week recreational sessions in the fall and winter at Dover High School. Under this proposal, the Parks and Recreation Department would develop sports and recreational programs, hire skilled employees to provide age and socially appropriate recreation activities, and engage a part-time individual to oversee the program. If the School District receives the grant, approximately $25,060 will be available to cover all costs and fund the program. In response to Mr. Lewis, Mr. Carter stated that the part-time position would likely be advertised; however, he noted that the Capital School District may have a qualified individual. He indicated that sports officials and instructors will probably be contracted. Mr. Lewis moved to recommend that the City of Dover assume oversight responsibility for an after-school program at Dover High school if the Capital School District receives grant funding, seconded by Mrs. Horsey and unanimously carried. UPDATES Puncheon Run Watershed Action Team Update No update was provided due to the absence of Mr. Scott Koenig, Public Services Director, during this portion of the meeting. Planning and Funding for New Library Ms. Margery Cyr, Library Director, stated that she met with Mr. There DuPont of the Longwood Foundation on March 8, 2010, and established that a grant request for $1 million should be submitted to the Foundation in time to meet Longwood’s March 15, 2010 deadline. She explained that a request for $1 million dollars in Federal appropriations has been submitted, with the help of Ms. Lori James from Senator Tom Carper’s office, and noted that the request was sent to Senator Carper, Senator Ted Kaufman, and Congressman Mike Castle.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MARCH 8, 2010 PAGE 6 Ms. Cyr noted a Library Foundation reception has been scheduled at the Governor’s House on May 6, 2010 from 5:00 - 7:00 p.m. The event will be hosted by Mrs. Carla Markell and all former Delaware First ladies will be invited. She explained that this will be an informational event for potential large donors and will be the lead-in to a large fundraising event to be scheduled soon after. Ms. Cyr explained that the Library will host a reception on March 16, 2010 for the candidates for Mayor and City Council to ensure that all those running for office are fully informed of the details of the Library Anchor Library Project. CDBG Program Members reviewed a report of the Status of FY 2008-2009 CDBG Projects. Mrs. Ann Marie Townshend, Director of Planning and Community Development, offered to respond to any questions that members might have regarding the submitted report. In response to Mr. Ruane, Mrs. Townshend stated that additional funds may have been expended by First State RC & D since the Status of FY-08-09 Program Funds Spent Report was submitted, and she felt confident that all grant funds would be expended. Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) Members reviewed a report on the Status of FY 2008-2009 Program Funds Spent - Fiscal Year 7/1/09-6/30/10. Mrs. Ann Marie Townshend, Director of Planning and Community Development, offered to respond to any questions that members may have regarding the report submitted. Responding to Mr. Ruane, Mrs. Townshend noted that a total of $1.5 million in funds was received, six (6) properties have been purchased, and a seventh purchase will be closed in the near future. The goal for the program is to purchase eight (8) properties. Mr. Ruane requested that this type of information be included in future reports to provide benchmarks for reference. In response to Mr. Ruane, Mrs. Townshend explained that the Dover Community Partnership, the Diamond State Community Land Trust, and Connections Community Support Programs are the three (3) partner agencies that are purchasing the properties. The City of Dover is passing through the funds, developing the specifications for any rehabilitation that needs to take place, and providing down payment assistance. In response to Mr. Ruane, Mrs. Townshend stated that properties being purchased are distributed throughout the City. Comprehensive Plan Implementation Status Report Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that her staff has been working on several projects related to the implementation of the Comprehensive Plan, including a Master Plan for Garrison Oak, Environmental Protections, Evaluation and Update of Historic Guidelines, and Open Space Zones.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MARCH 8, 2010 PAGE 7 In response to Mrs. Horsey, Mrs. Townshend indicated that staff attends Historic District Commission monthly meetings where portions of the Historic District Guidelines are reviewed. She noted the group is attempting to clarify historic standards as they relate to areas such as Loockerman Street and The Green. Mrs. Townshend stated that the two (2) largest projects related to the Comprehensive Plan that staff is addressing are the environmental ordinances and the Open Space Zone. She stated that staff has had two (2) meetings with stakeholders, including the Department of Natural Resources and Environmental Control and the Sierra Club. She noted that work continues with the Open Space Zone and that staff expects to bring a draft of the Open Space Zone to the April Committee meeting. Referring to the Open Space Zone, Mr. Ruane inquired whether there was a need for change in the code to include provisions for open space in the event of developer bankruptcies. During the City Council meeting of April 12, 2004, City Council approved an Open Space Plan for the Nottingham Meadows Subdivision at a cost in excess of $500,000. Mr. Ruane noted that the implementation of the plan is now in question due to financial difficulties encountered by the builder. Mrs. Townshend noted that if remaining lots in Nottingham Meadows are purchased, the active recreation area will have to be constructed before building permits can be issued. In response to Mrs. Donna Mitchell, Controller/Treasurer, she noted that open space requirements are listed on development plans, and any prospective purchaser would therefore be aware of this requirement. Mr. DePrima noted that there is no provision for residents already in the community who purchased homes with the expectation of open space being included in the development. Mr. DePrima noted that the subdivision ordinance includes the requirement of performance bonds for street programs and suggested that consideration be given to the institution of similar provisions for community buildings and park areas to fund construction in case of default. Mrs. Townsend noted there are some municipalities in Delaware that have established this requirement for open space. Under this approach, she explained that the developer is required to obtain a letter of credit from a bank which the municipality could call to pay for construction in the event of default. Mr. Ruane moved to recommend that staff explore ways of requiring additional performance bonding related to the Open Space Creation Program, seconded by Mr. Lewis, and unanimously carried. Youth Advisory Committee Mrs. Russell explained that the Youth Advisory Committee will hold a special meeting on March 18, 2010, to prepare for a clothing drive. The Committee is also discussing membership requirements and replacement of members who are departing for college in the fall. Mr. Ruane moved for adjournment, seconded by Mrs. Horsey and unanimously carried.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MARCH 8, 2010 PAGE 8 Meeting Adjourned at 1:27 P.M. Respectfully submitted, Sophia R. Russell Chairwoman SRR/JS/ac/rr/tm S:\PACKETS\2010\Council\03-22-2010\03-08-2010 PR&CE.wpd Attachments Attachment #1 - ABC = 1-2-3 Community Event Attachment #2 - Salvation Army Presentation Attachment #3 - Proposed Landscape and Stormwater Improvements for Silver Lake Park Proposed Bonus Policy

ATTACHMENT #1 PR & CE Meeting of 03/08/10

ATTACHMENT #2 PR & CE Meeting of 03/08/10 ATTACHMENT #2 611 Forest St Dover DE 19904 PR & CE Meeting of 03/08/10 302-678-9551

History of The Salvation Army • Catherine Mumford, January 17, 1829 • William Booth, April 10, 1829 • William was a Circuit Preacher – Resigned in 1861 • 1865 – Christian Mission • 1870 – Rename to The Salvation Army

The Salvation Army today • TSA is in 118 Countries • The United States is broken down into 4 territories • We are in the Eastern Territory • Territories are broken down into Divisions • We are in the PenDel division, Eastern Pennsylvania & Delaware

The Salvation Army is unique • We are a church – SA Crest • We are a Social Service agency – SA Shield • Songbook • Publications • Quasi-military format

The Salvation Army in Dover Captains Lawrence & Jeny Shurtleff July 2008-Present

The Salvation Army in Dover Spiritual Services: SUNDAY Sunday School @ 10 Holiness mtg/Worship mtg @ 11 MONDAY Badge Programs, Character building – open to any children TUESDAY Adult Bible Study @ 10 Step & Youth Chorus – only those who attend church @ 6

The Salvation Army in Dover THURSDAY FUN Time – Bible lesson & games - open to any children SATURDAY Band & Timbrels – open to children who come to church

The Salvation Army in Dover Social Services • Full-time Caseworker – Assist with Crisis Alleviation • Utilities, Rent/Mortgage, Food, – Helps write Resume – Works with Personal Budgets • Part-time Cook – Soup Kitchen is open M, W, Th, F – Cooks for our After-school kids

• www.doversalvationarmy.com

Kettle Kick-off 2008

Dutch Wonderland

Dutch Wonderland

Dutch Wonderland

Open House 2009

Open House 2009

Ways to Volunteer • Soup kitchen helper • Christmas Volunteer • Year-round Food Drive • Year-round donation of 1 item • After-school volunteer

ATTACHMENT #3 PR & CE Meeting of 03/08/10 NATIVE MEADOW ENTRY ROAD AND PARKING SHIFTED BIORETENTION +/- 18’ TO THE EAST NOTES: ALL TREES SHOWN ARE EXISTING PERMEABLE PAVING AT BOAT PARKING BOULDER TOE PROTECTION PERMEABLE PAVING, TYP. ENTRY ROAD AND PARKING SHIFTED +/- 18’ TO THE EAST BIORETENTION WATER ACCESS, TYP. NATIVE MEADOW WORKOUT TURF AREA AREA EXISTING PARKING SPACES (3) - CONVENTIONAL ASPHALT - TO BE SHIFTED TO ACCOMODATE ENTRY DRIVE RE-ALIGNMENT NEW PARKING SPACES (6) - CONVENTIONAL ASPHALT EXISTING WETLAND SLOUGH TO REMAIN TURF AREA PROPOSED SIDEWALK PROPOSED WETLAND SLOUGH SILVER LAKE PARK Proposed Landscape +Stormwater Improvements 03.04.2010 0 50 100

UTILITY COMMITTEE The Utility Committee Meeting was held on March 8, 2010 at 5:18 p.m. with Chairman Ruane presiding. Members present were Mr. Hogan, Mr. McGiffin, and Mr. Snaman. Major Kosior was absent. Members of Council present were Mr. Leary and Council President Williams. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Mr. Hogan moved for approval of the agenda, seconded by Mr. Snaman and unanimously carried. Garrison Energy Center Mr. Ron Lunt, Director of Public Utilities, introduced Mr. Jim Rexroad, principal party with Garrison Energy Center, and reminded members that since May 2007, the Dover 2030 Committee has been meeting regularly to review the PJM Market, evaluate the capacity/energy requirements of the electric system, and generally develop and evaluate plans to provide low-cost, reliable power to Dover’s citizens today and in the future. He noted that after extensive discussions on the market capacity and energy shortfalls, it was decided to solicit the energy/power plant development market to gain knowledge of what options are available to the City through a Request for Qualifications process. Mr. Lunt explained that the goal was to assess options presented by the developers. This concept was outlined at several Utility Committee Meetings. The City then completed Phase II of the project, which was the evaluation of the proposals and the selection of four (4) options in which to enter negotiations. Mr. Lunt stated that the agreement presented to members is the second to be considered from the negotiations process and will be for a land lease option to a power plant developer that is considering building a 150-300 megawatt (Mw) natural gas combined cycle generation facility (plant). He explained that the City would have the option of attaining power from the developer through a Power Purchase Agreement (PPA). If approved, Mr. Lunt stated that the developer will have the sole right to execute a long term land lease. Mr. Lunt advised members that the proposed option is currently identified as Lot 7, which is located in the northeast corner of the Garrison Tract and consists of approximately 36.8 acres of useable land. He stated that, in addition to Lot 7, the developer is requesting an option for approximately 10.5 acres for a construction lay-down area, and 28.3+/- acres of buffer land, which is not able to be developed due to wetland issues. Mr. Lunt stated that the proposed option is for one year with an automatic one (1) year extension, should the developer decide to execute. He explained that an additional year may be added, for a total of three (3) years, provided that the developer files an interconnection with PJM, an air permit application, and a national gas interconnection, and requests an extension from the City. Mr. Lunt stated the developer will compensate the City $2,800 per year for the right to develop in the future and that the City would continue to receive income from the agricultural operations. The City contracted with Alvarez and Marsal Real Estate Advisory Services to perform a comprehensive land valuation. It was noted that Alvarez and Marsal recommended that the City collect between $450 to $550 annually for each acre; however, if the developer decides to construct the power plant and executes the lease, the City would collect $700 per acre plus annual inflation adjustments.

UTILITY COMMITTEE MEETING OF MARCH 8, 2010 PAGE 2 Mr. Lunt assured members that the option to lease Garrison Tract has been viewed by the City’s attorney, Mr. Kirk Betts of Betts and Holt, and he approved the document in its final form. Staff recommended that the City Manager be authorized to execute the lease agreement with Garrison Energy, LLC, as per the terms outlined in the lease. It was noted that some proprietary information has been redacted from the presented option agreement and that this information was shared with City Council during the Executive Session held earlier this evening. Responding to Mr. Ruane, Mr. Lunt stated that the advantages of having a tenant on the property include: • Income from the lease. • Property would be taxable. • Use of water if a plant were built. • Bringing natural gas into Garrison Tract, which could possibly be used by other tenants on the property. • Generation asset located within the City of Dover. • If a Power Purchase Agreement (PPA) is executed, the generator could be interconnected directly into the City’s system; however, this would be negotiated in the PPA since there are additional costs; therefore, it would have to be negotiated. • If approved through PJM, the generator will interconnect into Delmarva’s 230 kV system (Cartanza Substation), which will aid in congestion costs and options on the Delmarva Pennisula. Mr. Lunt explained that with reduced congestion, the Locational Marginal Pricing (LMP) may also decrease. • Decommissioning clause allows the City to get the property back into its original condition. • Provides a collaboration between the City and developer. In response to Mr. Hogan, Mr. Lunt explained that NRG has closed two (2) plants in Indian River and has agreed to close an additional plant; therefore, the City will be losing more capacity than the proposed plant will be bringing in. Mr. Lunt advised members that RE units 1 and 2 are near the end of their life cycle, and at some point they will be retired and the City will lose an additional 37 megawatts (Mw). Responding to Mrs. Williams, Mr. Lunt stated that retired units will likely be held in place for the time being in the unlikely event that there is a change that would make re-powering them worthwhile. He noted that recycling the scrap metal would be labor intensive and, therefore, probably not profitable. In response to Mr. Ruane, Mr. Lunt stated that the City has a letter of intent for the Blue Water Wind project and that the renewable portfolio will be secure if it is built. Mr. Hogan moved to recommend that the City Manager be authorized to execute the lease agreement with Garrison Energy, LLC (Attachment #1), as per the terms outlined in the agreement and with final approval of City Council. The motion was seconded by Mr. Snaman and unanimously carried.

UTILITY COMMITTEE MEETING OF MARCH 8, 2010 PAGE 3 Discussion - Green Energy Grant Program On January 22, 2007, City Council adopted the Municipal Utilities’ Green Energy Fund Program Caps and Regulations. The program was developed by the Delaware Municipal Electric Corporation, Inc. (DEMEC) and allows for the City to provide comparable grant limits and regulations to most other municipal and investor-owned utilities within Delaware. Mr. Anthony DePrima, City Manager, reminded members that under this program, a small portion of the bills of municipal and Delaware Electric Cooperative electric users is paid into a Green Energy Fund which is used to fund grants for green energy projects. He noted that currently municipalities are finding that the amount of grant funds requested exceeds available funds, resulting in lengthy waiting lists. He noted that the City currently has a seven (7) month waiting list and is requesting that individuals who wish to enter the program sign an agreement acknowledging that they may not receive their grant money for several months. Mr. DePrima stated that the City of New Castle, Town of Smyrna, and Town of Clayton have discontinued accepting applications for green energy projects due to this problem. He explained that these municipalities are planning to place this money toward projects that would benefit the entire system, such as conservation programs for public buildings and increasing efficiency in the utility systems, rather than financing individual projects. He noted that municipalities will begin this process by paying off pending grants and discontinuing initiating new grants. Mr. DePrima suggested that the City consider discontinuing the program until it is caught up and then possibly re-evaluate it, due to the extensive waiting lists. He also noted that the program was approved to fund demand-side management, energy efficiency, and green energy programs, and suggested that it might be more appropriate to target system-wide improvements that would benefit all users. In addition, he stated the State Energy Office will be providing programs similar to those currently being financed through this fund, and there is a tax credit available for green energy projects, so applicants may have access to other funding options. Mr. Hogan suggested that the City place a moratorium on accepting new applications until the list is reduced. However, he advocated an eventual return to funding individual projects as well, possibly reserving half of the funds for system-wide improvements and the other half for individual and commercial projects. Mr. McGiffin felt that the implementation of green energy changes by individual consumers is beneficial to everyone. Mr. DePrima noted that placing a moratorium would allow time to receive information from the State Office of Energy regarding the distribution of funds that may be made available either to municipalities or to consumers to fund green energy projects. Mr. McGiffin stated that, during the Utility Committee meeting of February 22, 2010, it was noted that the City had $111,518 pending in grant applications. Mr. DePrima explained that the City receives approximately $10,000 per month in revenue from the Green Energy Rate. In addition, he noted that many of the grant applicants are commercial users rather than individuals, and that the City itself is an applicant for a geothermal project planned for the new library.

UTILITY COMMITTEE MEETING OF MARCH 8, 2010 PAGE 4 In response to Mr. Snaman, Mr. DePrima stated that the City would continue to receive the federal tax credit. Responding to Mr. Ruane, Mr. DePrima stated that he believed that there were eight (8) or nine (9) projects on the waiting list and that staff would provide members with a detailed report at a future meeting. PACE/NAES Monthly Report (January) Members were provided the PACE/NAES Monthly Report for January. The report was provided to allow members the opportunity to monitor what is being sold in electric and the revenues received, which will give members a better understanding of any fluctuations and make improvements if deemed necessary. Although it was not staff’s intention to make a presentation of the report, they welcomed any questions. Mr. Anthony DePrima, City Manager, advised members that the budget was reset as part of the mid- year review process. He further mentioned that, due to the cold weather, January’s actual usage was above the projected low. Mr. DePrima noted the Environmental Protection Agency (EPA) has requested that the plant be turned on in June for testing, which will cost the City approximately $500,000 in fuel and operating expenses. He stated that the testing would increase emissions by 1/3 and that he will be meeting and corresponding with the Congressional delegation to brief them on this issue. Mr. Hogan moved to recommend acceptance of the report, seconded by Mr. McGiffin and unanimously carried. Mr. McGiffin moved for adjournment, seconded by Mr. Hogan and unanimously carried. Meeting Adjourned at 5:52. Respectfully submitted, Eugene B. Ruane Chairman EBR/RR/ac/js S:\AGENDAS & MINUTES\Committee-Minutes\2010\03-08-2010 UTILITY.wpd Attachments Attachment #1 -Option to Lease Garrison Tract Lot

Attachment #1 Utility Committee M eeting of 03/08/10

Garrison Energy Center Land Lease Summary The following is a summary of the Option to Lease and notable Exhibits: Option to Lease 1) Garrison Energy Center, LLC (Developer) would have the option to lease approximately 80 acres of land. 2) The Developer would pay $2,800 per year for this option; the City could continue to rent the land for farming activities during this period. Should any field activity be required that resulted in damage to the crops, the Developer would reimburse the farmer for the value of the crops. 3) The term of the option would be for one year with one automatic one year extension (first extension) unless the Developer notifies the City of termination. The Developer could extend the option for one additional year (three years total) provided the Developer has complied with the following stipulations: a. Filed an interconnection request with PJM; b. Filed an air permit application; c. Filed a natural gas interconnection request; and d. Delivered a notice of extension to the City two months prior to the expiration of the first extension. 4) The City shall provide the Developer a preliminary title report within ninety days of the execution of the option to lease. 5) The Developer shall notify the City one hundred twenty (120) days prior to their intent to execute the lease. This lease is included as Exhibit D in this option and shall be executed in substantially the form as included; the tenets of this lease will be outlined later. It is noteworthy that if this option is approved, the City has committed to lease the land to the Developer as outlined in Exhibit D. From the Developers perspective this early commitment is necessary because site control is needed to begin the PJM interconnection process and they will have expended millions of dollars in permitting and design for this specific location. 6) The City agrees to support and cooperate with the developer and commits to not develop any other natural gas fueled power plant facility in the City of Dover during the term of the option to lease. This does not mean another facility could not be built by other parties, only that the City could not participate in the project during this period. 7) The City will have the right, but not the obligation; to purchase energy and capacity from the facility should it be built. Exhibit E of the option includes the general terms and conditions of this potential Power Purchase Agreement should the City wish to purchase energy and capacity from the plant. If the facility is constructed, staff will evaluate the economics of this purchase agreement and bring it before the appropriate parties for discussion should it be warranted. 8) Should the option to lease be approved there may be information exchanged that could be considered confidential, should this information be requested by outside parties this request shall be disclosed to the other contractual party and either contractual party may defend this disclosure at their expense. 1|Page

Garrison Energy Center Land Lease Summary Exhibit D to the Option Agreement – Ground Lease Agreement: As noted in bullet 5 above, the approval of the option to lease automatically gives the Developer the legal ability to execute the lease. The following is a summary of the lease agreement should the Developer execute the lease: 9) The lease would be executed in the substantial form as presented in the option; however, there may need to be minor changes should issues arise between now and the possible execution. For example the acreage of the buffer may need to be adjusted to comply with zoning requirements or similar issues. 10) During the construction the Developer will be leasing approximately 80 acres; this will include Lot 7 where the plant will be built, Lot 6 which will be used as a lay‐down area for the construction materials, and the non‐buildable buffer area. Once the plant is substantially completed, it is anticipated that the leased land will be no less than 35 acres nor more than 40 acres, or the size of contemplated Lot 7. 11) The term of the lease will be thirty years and will include four (4) five (5) year automatic extensions unless terminated by the Developer at the end of the lease or prior to the end of any of the extension periods. 12) The rent will be $700 per acre for the land utilized during construction and for the final lot once that size is determined. There will be an annual adjustment based on the “Consumer Price Index for All Urban Consumers U.S. City Average” as published by the U.S Department of Labor, Bureau of Labor Statistics. 13) At the end of the project the Developer will remove all above ground improvements, any underground facilities used for the storage or movement of fuel oil, and perform a Phase I environmental inspection and resolve any issues as identified in this inspection that were created by the Developer. 14) The City will have the right to purchase the facility (but not the obligation) at the end of the term if it so chooses. 15) The Developer will be responsible for all real and personal property taxes imposed on the project. 16) Disclosure of confidential information is the same as outlined in Bullet 8 above. Exhibit E to the Option Agreement – Power Purchase Agreement: As noted in bullet 7 above, the City will have right, but not the obligation, to purchase energy and capacity from the facility. The following is a summary of the terms of this potential Power Purchase Agreement (PPA): 17) The City would have 120 days after notification to finalize the PPA, plus another 120 days to receive approval from the City Council. 2|Page

Garrison Energy Center Land Lease Summary 18) The power plant facility would be a 150‐300 Mw combined cycle generation plant. 19) The PPA would give the City the option to purchase 25 Mw of capacity and energy for thirty years with a City option to extend this purchase agreement for four additional five year terms. On the fifth anniversary of plant operation the City could contract for an additional 25 Mw of capacity and energy for twenty five years plus four extension options. Lastly, the City could contract for any uncommitted capacity and energy on an ongoing basis. 20) The facility would interconnect with the Delmarva 230 kV transmission system; however, if both parties agree to the additional capital costs and operating requirements, there could be an alternative interconnection to the Dover distribution system. 21) The energy would be delivered on a unit contingent basis, which means that if the facility were shut down due to scheduled or un‐scheduled maintenance the energy would not be delivered. However the project can provide Replacement Capacity and Energy under certain situations. 22) The City will have the right to schedule the energy from the facility whenever requested, subject to the applicable rules and regulations. 23) The charge for the energy would be based on the heat rate (in essence the heat rate is the conversion ratio for fuel being transformed into electricity, or units of fuel inputted per unit of electricity produced), the variable operations and maintenance charge and a start charge (start charge creates a reserve fund for long‐term maintenance). The heat rate cannot be determined until the plant design has been finalized. 24) The capacity payments will include the fixed operation and maintenance costs and cannot be finalized until the plant design has been completed. 25) There are some terms and conditions that have been redacted from the publically released PPA due to the need of the Developer to negotiate PPA’s with other parties. If or when this information is publically disclosed has not been determined at this time. This concludes the high‐level summary of the option and Exhibits, there are many other conditions and terms in the agreement that are pertinent but not discussed within this summary. 3|Page

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on March 8, 2010 at 6:00 p.m. with Chairman McGlumphy presiding. Members present were Mr. Leary, Mr. Salters, Dr. Jones, and Mr. Shevock. Members of Council present were Mr. Ruane and Council President Williams. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Mr. Leary moved for the deletion of item #2, Presentation - Summary of Pay for Performance (PFP) Employee Meetings, seconded by Dr. Jones and unanimously carried. Mr. McGlumphy requested that all information be distributed prior to the meeting to allow for adequate time for review. Mr. Leary moved for approval of the agenda, as amended, seconded by Dr. Jones and unanimously carried. Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there are no positions to consider, the item could be removed. Inspector I - Code Enforcement Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that the employee who anticipated military deployment has informed her that deployment is not planned at this time; therefore, the request is no longer necessary and no further action is required. Utility Maintenance Mechanic I - Public Utilities Mr. Ronald Lunt, Public Utilities Director, explained that, due to the transfer of an employee, it is necessary to hire a Utility Maintenance Mechanic I in the Public Utilities Department. He advised members that three (3) of six (6) departmental employees have left due to retirement or transfer, and if this position is not filled, the City will no longer be able to maintain systems as necessary. Responding to Dr. Jones, Mr. Lunt indicated that advertisement for vacant positions is handled by the Human Resources Department; however, he stated that it may be necessary to advertise in the Wilmington News Journal, particularly for the Utility Maintenance Mechanic II position (see next agenda item), due to the amount of experience required. Mr. Leary moved to recommend that staff be granted permission to recruit for the position of a Utility Maintenance Mechanic I - Public Utilities, as requested by staff. The motion was seconded by Dr. Jones and unanimously carried. Utility Maintenance Mechanic II - Public Utilities Mr. Lunt explained that, due to the retirement of an employee, it is necessary to hire a Utility Maintenance Mechanic II in the Public Utilities Department. He advised members that three (3) of six (6) departmental employees have left due to retirement or transfer, and if this position is not filled, the City will no longer be able to maintain systems as necessary. Mr. Leary moved to recommend that staff be granted permission to recruit for the position of a Utility Maintenance Mechanic II - Public Utilities, as requested by staff. The motion was seconded by Dr. Jones and unanimously carried.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF MARCH 8, 2010 PAGE 2 Proposed Ordinance Amendment No. 1 to Proposed Ordinance #2010-05 - Chapter 2 - Administration, Article VI - Other Post-Employment Benefits Fund, Section 2-505 - Medicare Part B Premium Reimbursements During their meeting of January 25, 2010, the committee recommended adoption of Proposed Ordinance #2010-05 - Chapter 2 - Administration, Article VI - Other Post-Employment Benefits Fund, Section 2-505 - Medicare Part B Premium Reimbursements, as recommended by staff. During the First Reading of the proposed Ordinance #2010-05 at the Regular Council Meeting of February 22, 2010, members were presented Amendment No. 1 for their consideration. During this meeting, Mr. Hogan stated that since the committee meeting was held, a member of City staff submitted some suggested language which he felt would make the ordinance more appropriate and agreeable. Members were provided the ordinance with the proposed amendments that are reflective of the suggestions, as follows: amendment of lines 12 and 13, by eliminating “can be changed or eliminated at any time” and inserting “can be reevaluated annually for changes or elimination”; and lines 17 and 18, by eliminating “or resolution” and inserting,” with a public hearing,” and “and with a 90-day written notice to those employees who are currently receiving or who are eligible for Medicare Part B Reimbursement,”. Mr. Hogan had explained that the ordinance presented for consideration at this time was amended since the Legislative, Finance, and Administration Committee made its recommendation. After much discussion, Council referred Amendment #1 to Ordinance #2010-05 back to the Legislative, Finance, and Administration Committee for their review and recommendation. Mr. Leary moved to recommend reaffirming the committee action of January 25, 2010 for adoption of Ordinance #2010-05 with the original language (Attachment #1). The motion was seconded by Mr. Salters and unanimously carried. Mr. Leary moved for adjournment, seconded by Mr. Shevock and unanimously carried. Meeting adjourned at 6:11 P.M. Respectfully submitted, William P. McGlumphy Chairman WPM/rr/tm/jg S:\PACKETS\2010\Council\03-22-2010\03-08-2010 LF&A DRAFT JS.wpd Attachments Attachment #1 - Ordinance #2010-05 - Chapter 2 - Administration, Article VI - Other Post-Employment Benefits Fund, Section 2-505 - Medicare Part B Premium Reimbursements

ATTACHMENT #1 LF&A Committee Meeting of 03/08/2010 CITY OF DOVER PROPOSED ORDINANCE #2010-05 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Chapter 2 - Administration, Article VI - Other Post-Employment Benefits Fund, be amended 4 by inserting a new Section 2-505 - Medicare Part B Premium Reimbursements, as follows: 5 Sec. 2-505. Medicare Part B Premium Reimbursements 6 On July 27, 2009, Counci1 approved the recommendation of the Legislative, Finance, and 7 Administration Committee's recommendation not to provide for Medicare Part B premium 8 reimbursement for all non-bargaining employees which applied only to new hires after July 27, 2009. 9 The City currently provides Medicare Part B premium reimbursement for all other non-bargaining 10 employees and the Legislative, Finance, and Administration Committee recommends that this 11 practice be continued provided that it is clearly stated and understood that the decision of Council, 12 if approved by Council, is not vested and can be changed or eliminated at any time. 13 The City of Dover shall continue to provide Medicare Part B premium reimbursements for all 14 non-bargaining employees other than those new hires after July 27, 2009, as it has done in the past, 15 provided that this is not to be considered a vested right and can be changed or eliminated by Council 16 at any time by ordinance or resolution enacted to that effect and, further, that as required by the 17 Charter, Section 3, the fund for payment of the costs of such premium reimbursement shall be 18 continued as in the past. 19 SYNOPSIS 20 The City in the past has provided to all non-bargaining employees Medicare Part B 21 premium reimbursement. On July 27, 2009, Council adopted an ordinance that 22 terminated such premium reimbursement for non-bargaining employees hired on or 23 after July 27, 2009. The effect of this ordinance is to reaffirm the position of the City 24 to continue to provide Medicare Part B premium reimbursement for all 25 non-bargaining employees hired previous to July 27, 2009, with the complete and 26 absolute understanding that this decision of Council does not convey or establish any 27 vested right to non-bargaining employees to receive this premium reimbursement in 28 the future and that such decision of premium reimbursement may be changed or 29 eliminated by Council at any time. 30 ADOPTED: * 31 S:\ClerksOffice\Ordinances\2010\Draft Ordinances\Ordinance 2010-05.wpd 32 Actions History 33 March 8, 2010 - Legislative, Finance, and Administration Committee 34 February 22, 2010 - Referred by City Council Back to Legislative, Finance, and Administration Committee 35 January 25, 2010 - Legislative, Finance, and Administration Committee

City of Dover Capital Investment Plan Project Tracking Report January 31, 2010 Points to Remember - * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010. Can also be amended with City Manager approval per the Budget Amendment Procedure. * Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once individual projects are identified and estimated they are created using an allocation of the overall budgeted amount. Examples are Water Quality - Pear Street; New Developments - Kent County Lighting; Distribution Upgrades - Crossgates; * The FY10 Budget for Community Transportation & Streets $350,000 is expected to change based on the State of the City Review. * Status and Comments provided by City Manager. * For Finance purposes projects are considered completed when placed in service and all charges have been processed. Community Water & Total Current Year Budget Funding Sources General Transportation Wastewater Electric CIP Beginning Budget Balance $ 375,408 $ - $ 699 $ 36,619 $ 412,726 Federal &/or State Grants 4,180,234 1,000,000 45,248 240,875 5,466,357 Revolving Fund Loans - - 8,346,498 - 8,346,498 Bond Proceeds 1,912,433 - - 4,240,034 6,152,467 Impact Fees - - 518,230 - 518,230 State Funds (FY09 Carry Forward Gov Ave) - - - 710,318 710,318 Parkland Reserve 40,000 - - - 40,000 Library Reserve & Contributions 3,180,235 - - - 3,180,235 Transfer from Operating Funds 344,802 472,690 700,000 961,012 2,478,504 Interest Earned 2,700 - - 33,700 36,400 Project Carry Forward Balances 51,006 - 1,094,697 2,652,769 3,798,472 Total Funding Sources (Unaudited) $ 10,086,818 $ 1,472,690 $ 10,705,372 $ 8,875,327 $ 31,140,207

City of Dover General Fund - Major CIP Projects January, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY2008 M Park Improvement Program $ 30,000 $ 30,000 $ 28,734 $ 1,266 95.8% $ - $ 30,000 $ 28,734 0.0% Complete Basketball court repaved. Totals - FY08 $ 30,000 $ 30,000 $ 28,734 $ 1,266 95.8% $ - $ 30,000 $ 28,734 0.0% FY2009 M/G New Library Project $ 18,200,000 $ 24,679,934 $ 1,095,511 $ 23,584,423 4.4% $ 8,912,433 $ 9,272,902 $ 358,445 4.0% Started Finished Design Development. Totals - FY09 $ 18,200,000 $ 24,679,934 $ 1,095,511 $ 23,584,423 4.4% $ 8,912,433 $ 9,272,902 $ 358,445 4.0% FY2010 Vehicles & Equipment $ 372,910 $ 372,910 $ 259,587 $ 113,323 69.6% $ 372,910 $ 393,916 $ 259,587 69.6% Started Includes DFD payment & Police grants. Contractor complete. Will do some in house Concrete Program 50,000 50,000 40,314 9,686 80.6% 50,000 50,000 40,314 80.6% Complete repairs. Pitts Center Addition 50,000 50,000 - 50,000 0.0% - 40,000 - 0.0% Started Material ordered & permits applied for. Transfer to CT Fund 300,000 300,000 - 300,000 0.0% 300,000 300,000 - 0.0% N/A Totals - FY10 $ 772,910 $ 772,910 $ 299,901 $ 473,009 38.8% $ 722,910 $ 783,916 $ 299,901 41.5% Grand Totals $ 19,002,910 $ 25,482,844 $ 1,424,146 $ 24,058,698 5.6% $ 9,635,343 $ 10,086,818 $ 687,080 7.1% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. G = Grant funded project

City of Dover Community Transportation & General Fund Street Funds - Major CIP Projects January, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget (1) Expenses Spent Status Comments FY 2002 North Street Sidewalk $ 80,416 $ 80,416 $ - $ 80,416 0.0% $ - $ 80,416 $ - 0.0% Not Started Work on hold pending Collegiate decision. Totals $ 80,416 $ 80,416 $ - $ 80,416 0.0% $ - $ 80,416 $ - 0.0% FY 2005 Dover Little League Parking Lot Awaiting DELDOT/staff decision on re- Phase II $ 14,906 $ 14,906 $ 3,332 $ 11,574 22.4% $ - $ 11,574 $ - 0.0% Done appropriation of available funds. Totals $ 14,906 $ 14,906 $ 3,332 $ 11,574 22.4% $ - $ 11,574 $ - 0.0% - FY 2006 M Lincoln Park Center $ 400,000 $ 400,000 $ 256,311 $ 143,689 64.1% $ - $ 147,275 $ 3,586 0.0% Started Ongoing. Totals $ 400,000 $ 400,000 $ 256,311 $ 143,689 64.1% $ - $ 147,275 $ 3,586 0.0% - - FY 2007 10% received from State, not part of street program. Separate contract due to nature E. Water Street Brick Sidewalk $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ 65,000 $ - 0.0% Not Started of work. Totals $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ 65,000 $ - 0.0% FY 2009 Spruance Road - White Oak to Maple Parkway $ 141,000 $ 141,000 $ 101,464 $ 39,536 72.0% $ - $ 101,465 $ 101,464 0.0% Started Work in progress. Spruance Road - Maple Parkway to East Division 125,400 125,400 120,309 5,091 95.9% - 120,309 120,309 0.0% Started Work in progress. Various FY09 Streets 225,000 225,000 185,000 40,000 82.2% - 85,000 45,000 0.0% Started Independence & Greenway started. Schutte Park 21,950 21,950 - 21,950 0.0% - 21,950 - 0.0% Not Started Scheduled FY 2009. Woodsedge Road 75,000 75,000 113,234 (38,234) 151.0% - 113,234 113,234 0.0% Not Started Scheduled FY 2009. Various Streets 206,287 206,287 - 206,287 0.0% - 206,287 - 0.0% Not Started Westover Landscaping 2,500 2,500 1,451 1,049 58.0% - 2,500 1,451 0.0% Work is done Totals $ 797,137 $ 797,137 $ 521,458 $ 275,679 65.4% $ - $ 650,745 $ 381,458 0.0% FY 2010 Street & Alley Program $ 350,000 $ 522,690 $ 30,895 491,795 5.9% $ 350,000 $ 472,690 $ 30,895 8.8% Not Started Original Budget should be $300,000. Budgeted CT Agreements FY10 1,000,000 1,000,000 - 1,000,000 0.0% 1,000,000 44,990 - 0.0% Not Started No fiscal FY10 agreements signed. Totals $ 1,350,000 $ 1,522,690 $ 30,895 $ 1,491,795 2.0% $ 1,350,000 $ 517,680 $ 30,895 2.3% Grand Totals $ 2,707,459 $ 2,880,149 $ 811,996 $ 2,068,153 28.2% $ 1,350,000 $ 1,472,690 $ 415,939 30.8% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year.

City of Dover Water/Wastewater Improvement & Extension Fund - Major CIP Projects January, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Approved Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY 2008 South Governors Ave. Water Main Upgrade $ 200,000 $ 200,000 $ - $ 200,000 0.0% $ - $ 200,000 $ - 0.0% Started Construction north of Wyoming Ave. M 1.0 MG Elevated Water Storage Tower 4,196,600 2,590,000 4,830 2,585,170 0.2% 200,000 196,255 1,085 0.6% Started Selecting tank model & site; FY11 = Constr. M Piney Point Well 398,800 665,000 52,475 612,525 7.9% - 185,455 22,930 12.4% Started Applying for permits; FY11 = Constr. M South Governors Ave. Sewer Main 300,000 291,000 10,514 280,486 3.6% - 281,088 602 0.2% Started Construction north of Wyoming. M/SL US 13 East Sanitary Sewer Interceptor 2,376,800 3,409,641 226,686 3,182,955 6.6% 3,201,480 3,201,480 18,525 0.6% Started Pre-construction meeting set. M Lafferty Lane Package P/S Replacement 230,000 374,369 418,833 (44,464) 111.9% - - 26,269 0.0% Completed In service. O/S Encumbrance $26,269. Totals - FY08 $ 7,702,200 $ 7,530,010 $ 713,338 $ 6,816,672 9.5% $ 3,401,480 $ 4,064,278 $ 69,411 1.7% FY2009 Washington Street $ 492,800 $ 310,100 $ 310,063 $ 37 100.0% $ - $ - $ - 0.0% Completed Pear Street 759,100 653,804 434,172 219,632 66.4% - 331,900 112,268 33.8% Completed Pear Street done. West Street done. South Street 120,800 79,800 37,469 42,331 47.0% - - - 0.0% Completed Contact Chambers - residual analyzers 100,000 113,800 95,484 18,316 83.9% - - - 0.0% Completed M/SL Bayard Avenue 590,910 590,910 6,490 584,420 1.1% 533,510 584,420 - 0.0% Started Ready, but will wait for Rt 13 bids. M/SL East side N. State Street 868,707 876,703 29,003 847,700 3.3% 846,807 847,700 - 0.0% Started Ready, but will wait for Rt 13 bids. M/SL Route 13 Water Main 1,058,700 1,091,797 102,152 9.4% 1,023,700 1,024,400 34,755 3.4% Started Bidding, DelDOT requirement may increase costs. 989,645 R Water Quality Improvements FY09 $ 3,991,017 $ 3,716,914 $ 1,014,833 $ 2,702,081 27.3% $ 2,404,017 $ 2,788,420 $ 147,023 37.2% Started M/SL DE State University Pumping Station Repl. 386,400 386,400 33,934 352,466 8.8% 336,400 360,473 8,007 2.2% Started Issued notice to proceed to contractor. M/SL Fox Hall/Retreat Force Main Rerouting 133,100 139,245 38,438 100,807 27.6% 107,200 107,200 6,393 6.0% Started Construction started, snow delay. M/SL Acorn Lane Pump Station Replace. 386,400 386,400 34,633 351,767 9.0% 336,400 359,823 8,056 2.2% Started Issued notice to proceed to contractor. Totals - FY09 $ 4,896,917 $ 4,628,959 $ 1,121,838 $ 3,507,121 24.2% $ 3,184,017 $ 3,615,916 $ 169,479 4.7% FY2010 Vehicles & Equipment $ 55,600 $ 55,600 $ 48,648 $ 6,952 87.5% $ 55,600 $ 55,600 $ 48,648 87.5% Completed Vehicles and equipment in service. Water Quality - McKee Run Plant $ 100,000 $ 100,000 71,271 28,729 71.3% $ 100,000 $ 100,000 $ 71,271 71.3% M Water Quality - Walker Road 100,000 100,000 - 100,000 0.0% 100,000 100,000 - 0.0% Started In Design-survey only, in house design. R Wellhead Redevelopment Program 55,000 70,250 70,238 12 100.0% 55,000 70,250 70,238 100.0% Completed Done. Remote Control & Monitor Wells 55,000 55,000 23,104 31,896 42.0% 55,000 55,000 23,104 42.0% Started Radio in, installation next. R Misc. Distribution System Replacements 65,000 49,750 - 49,750 0.0% 65,000 49,750 - 0.0% Not Started Ongoing, as needed. R Inflow/Infiltration Removal 1,800,000 1,800,000 733 1,799,267 0.0% 1,800,000 1,800,000 733 0.0% Started Funding put on hold by DNREC. R Scada Technology Equip Upgrade 79,300 79,300 53,489 25,811 67.5% 79,300 79,300 53,489 67.5% Started 3 of 6 RTU's in. M Del. State Univ. Force Main Rerouting 137,700 137,700 - 137,700 0.0% 26,800 26,800 - 0.0% Started Being designed by Kent County. M Fox Hall Pump Station 427,900 427,900 - 427,900 0.0% 52,000 52,000 - 0.0% Started Design only. Awarded to Braun Engineering. M Heatherfield Pumping Station Upgrade 220,400 220,400 - 220,400 0.0% 40,000 40,000 - 0.0% Started Design only. Awarded to Braun Engineering. I Tar Ditch Interceptor Upgrade 518,230 518,230 - 518,230 0.0% 518,230 518,230 - 0.0% Started Design only. Awarded to Braun Engineering. R Misc. Sewer System Improvements 33,000 33,000 - 33,000 0.0% 33,000 33,000 - 0.0% Not Started Ongoing, as needed. Department of Energy Grant 45,248 45,248 - 45,248 0.0% - 45,248 - 0.0% Started Grant approved. Ordering will begin. Totals - FY10 $ 3,692,378 $ 3,692,378 $ 267,482 $ 3,424,896 7.2% $ 2,979,930 $ 3,025,178 $ 267,482 8.8% Grand Totals $ 16,291,495 $ 15,851,347 $ 2,102,658 $ 13,748,689 13.3% $ 9,565,427 $ 10,705,372 $ 506,372 4.7% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. SL = State Loan Project - construction phase is financed I = Impact Fee Financed Project

City of Dover Electric Improvement & Extension Fund - Major CIP Projects January, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Current Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY 2006 M/B 69 KV feeders 3 and 4 $ 11,060,000 $ 8,250,382 $ 8,509,840 $ (259,458) 103.1% $ - $ 94,459 $ 353,917 374.7% Done In service. Completed south of Wyoming. M/S Governor's Avenue Rebuild 1,268,450 2,068,260 499,797 1,568,463 24.2% - 1,629,658 61,195 3.8% Started Working north of Wyoming. Totals - FY06 $ 12,328,450 $ 10,318,642 $ 9,009,637 $ 1,309,005 87.3% $ - $ 1,724,117 $ 415,112 24.1% FY 2008 Unit 3 Turb Bearing Fire Protect Deluge Contractor selected. $ 50,000 $ 50,000 $ - $ 50,000 0.0% $ - $ 50,000 $ - 0.0% Started M/B Horsepond Road Substation 1,020,000 1,039,000 1,029,397 9,603 99.1% - 9,603 - 0.0% Completed In service. McKee Run Unit 3 Pollution M/B Pre-bid meetings started. Remediation & Fuel Testing 3,000,000 3,120,555 2,733,432 387,123 87.6% - 506,225 119,102 23.5% Started M/B St. Jones Substation 5,376,068 6,151,195 5,954,058 197,137 96.8% - 275,009 77,872 28.3% Completed In service. Totals - FY08 $ 9,446,068 $ 10,360,750 $ 9,716,887 $ 643,863 93.8% $ - $ 840,837 $ 196,974 23.4% FY2009 Construction started, should be Danner Farm Transformer $ 45,000 $ 45,000 $ 25,304 $ 19,696 56.2% $ - $ 21,417 $ 1,721 8.0% Started done in March. Distribution Upgrades - Schoolview 100,000 175,000 173,134 1,866 98.9% - 16,398 14,532 88.6% Started On-going. McKee & VanSant Arc Flash 125,000 125,000 - 125,000 0.0% 75,000 125,000 - 0.0% Started 90% Complete. Totals - FY09 $ 270,000 $ 345,000 $ 198,438 $ 146,562 155.2% $ 75,000 $ 162,815 $ 16,253 21.7% FY2010 Vehicles & Equipment $ 347,042 $ 347,042 $ 305,394 $ 41,648 88.0% $ 347,042 $ 452,765 305,394 67.5% Started Truck in service. B Vansant CT Mark IV Control (Replmnt) 700,000 700,000 28,299 671,701 4.0% 700,000 700,000 28,299 4.0% Started Contractor will start in March. B Plant Driveway 240,000 240,000 - 240,000 0.0% 240,000 240,000 - 0.0% Started Moving utilities. R Misc. Upgrades 51,000 51,000 7,224 43,776 14.2% 51,000 51,000 7,224 14.2% Started Ongoing, as needed. McKee Run Smoke/Heat Detection 55,000 55,000 9,438 45,562 17.2% 55,000 55,000 9,438 17.2% Started Construction started. Work Mgmt. System Replacement 85,000 85,000 83 84,917 0.1% 85,000 85,000 83 0.1% Started Bid evaluation. Unit 3 Remove Cyclone Separators 51,000 51,000 - 51,000 0.0% 51,000 51,000 - 0.0% Started Out to bid. Unit 2 Remove Cyclone Separators 36,000 36,000 - 36,000 0.0% 36,000 36,000 - 0.0% Started Out to bid. Unit 1 Remove Cyclone Separators 36,000 36,000 - 36,000 0.0% 36,000 36,000 - 0.0% Started Out to bid. Contract for solar, LED's and - 135,152 0.0% 0.0% Department of Energy Grant 135,152 135,152 - 135,152 - Started pumps being spec'd. R UG Transformers 156,570 156,570 45,170 111,400 28.8% 156,570 156,570 45,170 28.8% Started Ongoing, as needed. R UG Conductors 457,780 457,780 155,390 302,390 33.9% 457,780 457,780 155,390 33.9% Started Ongoing, as needed. R Kent County Lighting Project 216,950 216,950 29,845 187,105 13.8% 216,950 216,950 29,845 13.8% Started Working in Fairfield. R Single & 3 Phase Meters 50,000 50,000 10,854 39,146 21.7% 50,000 50,000 10,854 21.7% Started Ongoing as needed. Total New Developments 881,300 881,300 241,259 640,041 27.4% 881,300 881,300 241,259 27.4% R Lighting Improvements & Rehab 50,000 50,000 37,561 12,439 75.1% 50,000 50,000 37,561 75.1% Started Finishing Govs Aven. R Replacement of 69KV Breakers 183,000 183,000 155,642 27,358 85.1% 183,000 183,000 155,642 85.1% Started Breakers received. R Replace SS Equipment (as required) 40,000 40,000 - 40,000 0.0% 40,000 47,425 - 0.0% Started Ongoing, as needed. R Distribution Capacitors 120,000 120,000 16,992 103,008 14.2% 120,000 120,000 16,992 14.2% Started Out to bid. Steel going up. May completion 19.7% M/B Mid City Substation 1,488,461 1,593,461 313,803 1,279,658 19.7% 1,593,461 1,593,461 313,803 Started planned. R PT & CT Replacement 260,880 260,880 - 260,880 0.0% 260,880 260,880 - 0.0% Started Approved by Council, ordered. R Transmission & Switches 23,000 23,000 10,332 12,668 44.9% 23,000 15,575 10,332 66.3% Started Ongoing as needed. R Upgrade Trans., Distr. Lines 351,096 351,096 149,868 201,228 42.7% 351,096 351,096 149,868 42.7% Started Ongoing as needed. B Crossgates 396,904 396,904 300,075 96,829 75.6% 396,904 396,904 300,075 75.6% Started Line burial on going. B Buchanan Acres 406,000 406,000 300,234 105,766 73.9% 406,000 406,000 300,234 73.9% Started Line burial on going. Total Distribution Upgrades 1,154,000 1,154,000 750,177 403,823 65.0% 1,154,000 1,154,000 750,177 65.0% In Kent Acres & S. of Dover. Totals - FY10 $ 5,936,835 $ 6,041,835 $ 1,876,204 $ 4,165,631 31.1% $ 5,906,683 $ 6,147,558 $ 1,876,204 30.5% Grand Totals $ 27,981,353 $ 27,066,227 $ 20,801,166 $ 6,265,061 76.9% $ 5,981,683 $ 8,875,327 $ 2,504,543 28.2% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. B = Bonded Project S = State fully or partially reimbursed project

February 28, 2010 Mayor and Council City of Dover P.O. Box 475 Dover DE 19904 Mayor Carey and Members of Council, January is the beginning of the year, and it also marks the beginning of inspections, and servicing of equipment used by our Firefighters. We contract an outside vendor to inspect over 420 feet of ground ladders and two (2) 100 foot main ladders. These ladders are tested to standards set forth by the National Fire Protection Association (NFPA). They test strength, and proper operation of the ladders working parts, such as pulleys, locking mechanism, and hulling ropes. Self Contained Breathing Apparatus (SCBA) is the most vital piece of equipment a Firefighter uses. The SCBA allows a Firefighter to work inside hazardous conditions to extinguish a fire or save a life. The DFD maintains 50 SCBA’s and 100 individual face mask. During the service the units are checked for defects, wear and tear, and proper operation of the Personal Alert Safety System (PASS). The PASS is a devise attached to the SCBA and senses movement of the Firefighter. In the event a Firefighter collapses the movement stops the device goes into alarm and notifies other Firefighters of the trouble. All members of the DFD are issued personal face mask to help prevent the spread of germs. The DFD will have to replace eight (8) face masks which failed, due to cracking in the rubber chin cups. Each face mask will cost $900.00. We began the New Year with 77 fire / rescue emergencies in the greater Dover area. I have include some incidents if interest. 1/2 378 Fiddlers Green Camper Fire The DFD was alerted to the above for a Camper on fire next to the house. Car 1 with the Chief of Department arrived to find the rear of the camper on fire with exposure to a two story single family dwelling. Crews advanced a hand line inside the camper and quickly extinguished the fire. Additional crew assisted with overhaul and checked for fire damage inside the house. No fire or smoke was found inside. The scene was turned over to the City Fire Marshall.

The DFD advised the owner of the camper to relocate the unit to curbside on Fiddlers Green. There were extreme wind conditions on the day of the fire and there was a chance of a rekindle. With the close proximity to two single family dwellings we felt in the best interest of public safety to move the camper. I contacted Dover PD, Ms. Townshend, and Councilman Ruane of the direction given to the homeowner. This was done so all parties mention would not be taken by surprise by concerned citizens of the area. 1/26 Wal-Mart Dr. Camden High Angle Rescue The DFD was alerted to assist Camden-Wyoming Fire Co. on a high angle rescue at the Camden Wal-Mart. Crew arrived to find a worker trapped 60 feet in the air on a malfunction cherry picker. The worker was removed by crew from DFD using Ladder 2 a 100 foot elevated platform. The worker was returned to the ground and check by EMS crews. Attached is the January finical report, and balance sheet. Respectfully, Sean P.M. Christiansen Chief of Department

7:05 PM Robbins Hose Company # 1, Inc. 03/01/10 Profit & Loss Detail Accrual Basis January 2010 Type Date Num Name Memo Clr Split Amount Balance Ordinary Income/Expense Income City Quarterly Deposit Deposit 1/19/2010 02061... Deposit City Fund Acco... 70,323.00 70,323.00 Total City Quarterly Deposit 70,323.00 70,323.00 Total Income 70,323.00 70,323.00 Expense Apparatus Repairs & Maintenance Gasoline Check 1/9/2010 107 City of Dover Unleaded- $1... City Fund Acco... 1,042.52 1,042.52 Total Gasoline 1,042.52 1,042.52 Other Equipment Repairs Check 1/1/2010 98 Wilmington Trust VISA Account... City Fund Acco... 33.93 33.93 Check 1/1/2010 100 ESI Equipment, Inc. Inv 09-1914 City Fund Acco... 190.00 223.93 Check 1/1/2010 103 Valley National Gases Invoice # 474... City Fund Acco... 320.25 544.18 Total Other Equipment Repairs 544.18 544.18 Program Expenses Check 1/1/2010 98 Wilmington Trust Time Clocks-... City Fund Acco... 584.03 584.03 Check 1/1/2010 99 DP Fire Inv 149587 City Fund Acco... 395.00 979.03 Check 1/9/2010 107 City of Dover Flags City Fund Acco... 94.13 1,073.16 Check 1/16/2010 113 Staples Printer Toner ... City Fund Acco... 344.97 1,418.13 Check 1/17/2010 118 Rescue Remedies Inv 144862 an... City Fund Acco... 3,074.53 4,492.66 Check 1/23/2010 119 Wilmington Trust Winch Cable f... City Fund Acco... 348.20 4,840.86 Check 1/30/2010 124 Safeware Inv 3169386 City Fund Acco... 4,851.60 9,692.46 Total Program Expenses 9,692.46 9,692.46 Small Tolls Check 1/1/2010 101 Pugh's Service, Inc. K2792067 & ... City Fund Acco... 135.68 135.68 Total Small Tolls 135.68 135.68 Uniforms Check 1/1/2010 102 Witmer Public Safety Inv-920036 & ... City Fund Acco... 567.00 567.00 Check 1/9/2010 109 Dover Army-Navy St... Inv 17082 City Fund Acco... 114.95 681.95 Check 1/9/2010 110 Rush Uniform Inv 30042- Na... City Fund Acco... 19.90 701.85 Check 1/23/2010 120 D.E. Williams 28435 City Fund Acco... 114.00 815.85 Total Uniforms 815.85 815.85 Apparatus Repairs & Maintenance - Other Check 1/9/2010 111 Singer Associates 142MOP,138... City Fund Acco... 16,927.22 16,927.22 Check 1/23/2010 122 Singer Associates 282MBR/289... City Fund Acco... 5,044.28 21,971.50 Total Apparatus Repairs & Maintenance - Other 21,971.50 21,971.50 Total Apparatus Repairs & Maintenance 34,202.19 34,202.19 Page 1

7:05 PM Robbins Hose Company # 1, Inc. 03/01/10 Profit & Loss Detail Accrual Basis January 2010 Type Date Num Name Memo Clr Split Amount Balance Building Utilities Electricity Check 1/9/2010 108 City of Dover December Ele... City Fund Acco... 2,937.81 2,937.81 Check 1/16/2010 115 City of Dover Station 2 Elec... City Fund Acco... 731.54 3,669.35 Total Electricity 3,669.35 3,669.35 Heating Expenses Check 1/2/2010 105 Chesapeake Utilities Station 1 Gas... City Fund Acco... 855.34 855.34 Check 1/2/2010 106 Chesapeake Utilities Gas Bill- Stati... City Fund Acco... 1,081.67 1,937.01 Check 1/9/2010 112 Chesapeake Utilities Station 2 Dec ... City Fund Acco... 773.45 2,710.46 Check 1/16/2010 114 Chesapeake Utilities Dec- Station 1 City Fund Acco... 2,068.73 4,779.19 Total Heating Expenses 4,779.19 4,779.19 Telephone Check 1/1/2010 104 Verizon Wireless Wireless Bill City Fund Acco... 406.54 406.54 Check 1/9/2010 107 City of Dover Verizon and C... City Fund Acco... 791.54 1,198.08 Total Telephone 1,198.08 1,198.08 Water/Sewer Check 1/9/2010 108 City of Dover Decemebr W... City Fund Acco... 162.08 162.08 Check 1/16/2010 115 City of Dover Station 2 Wat... City Fund Acco... 16.78 178.86 Total Water/Sewer 178.86 178.86 Total Building Utilities 9,825.48 9,825.48 Office Supplies Check 1/9/2010 107 City of Dover Postage City Fund Acco... 20.68 20.68 Total Office Supplies 20.68 20.68 Training & Travel Expenses Check 1/1/2010 98 Wilmington Trust VISA Account... City Fund Acco... 96.53 96.53 Check 1/16/2010 116 Delaware State Fire ... 10-1668/10-1... City Fund Acco... 2,835.00 2,931.53 Check 1/17/2010 117 Delaware State Fire ... Inv 10-1929 City Fund Acco... 50.00 2,981.53 Check 1/23/2010 121 ESI Equipment, Inc. Rescuers Gui... City Fund Acco... 185.00 3,166.53 Check 1/30/2010 123 Delaware Safety Cou... Invoice 9600 City Fund Acco... 340.00 3,506.53 Total Training & Travel Expenses 3,506.53 3,506.53 Total Expense 47,554.88 47,554.88 Net Ordinary Income 22,768.12 22,768.12 Net Income 22,768.12 22,768.12 Page 2

FY 09-10 City Funded Account Balance Sheet ACCOUNT BUDGET SPENT BALANCE Apparatus Repairs & Maintenance $ 60,500.00 $ 57,997.58 $ 2,502.42 Gasoline $ 21,000.00 $ 5,207.43 $ 15,792.57 Medical Supplies $ 700.00 $ 639.60 $ 60.40 Other Equipment Repairs $ 4,000.00 $ 1,382.17 $ 2,617.83 Program Expenses $ 36,630.00 $ 15,491.28 $ 21,138.72 Radio Repairs $ 2,000.00 $ 484.55 $ 1,515.45 Safety & Security $ 3,150.00 $ 1,135.05 $ 2,014.95 Small Tools $ 4,800.00 $ 1,435.68 $ 3,364.32 Uniforms & Firefighting Gear $ 26,100.00 $ 7,032.63 $ 19,067.37 Building Expenses- Electricity $ 53,820.00 $ 27,653.20 $ 26,166.80 Building Maintenance Supplies $ 1,950.00 $ 1,950.00 Heating Expenses- Gas $ 20,000.00 $ 6,557.11 $ 13,442.89 Telephone $ 19,340.00 $ 6,626.44 $ 12,713.56 Water & Sewer $ 2,150.00 $ 1,416.24 $ 733.76 Contractual Services $ 16,587.00 $ - $ 16,587.00 Training & Travel $ 8,365.00 $ 4,316.53 $ 4,048.47 Pension $ 3,500.00 $ - $ 3,500.00 Office Supplies $ 200.00 $ 108.45 $ 91.55 Balance as of: 01/30/10

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities DATE SUBMITTED: 3/10/10 PREPARED BY: Ronald Lunt, Public Utilities Director SUBJECT: Locating Services REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: N/A EXPENDITURE REQUIRED: As Needed AMOUNT BUDGETED: $ 112,320 FUNDING SOURCE (Dept/Page in CIP & Budget): Funding is provided within the Operations budget. FY 11 proposed budget includes $56,160 in both 412-2600-553.30-31 Water-Waste Water Engineering and 480-8300-563.30- 31 Electric Engineering, both are Contractual Services. FY 10 expenses will be funded through savings in personnel costs. TIMETABLE: Contract to be executed upon Council approval. RECOMMENDED ACTION: Staff recommends awarding a three (3) year contract with two one-year extensions to Underground Locating Services, LLC as per the proposal submitted in response to RFP #10-0029DPU. BACKGROUND AND ANALYSIS The Public Utilities are a member of Utilities Service Protection Center of Delmarva, Inc., also known as Miss Utility. This is a call center that receives excavation requests from all parties and notifies the Utilities of locating requests in our service area. Historically, the City of Dover Public Utilities has performed the locating function with utility employees; however, both utility locators recently retired. To ensure that this was the least cost alternative, staff evaluated the cost of in-house personnel versus contracting out the locating for Electric, Water, Waste-Water and Communication facilities. The extremely conservative estimate is that the Utilities will save approximately $2,300 - $8,800 annually by contracting this service. Staff is confident the savings will be greater because during the winter months the ticket requests decline and it is expected that two (2) contracted employees will not be required during the slower months. Proposals were solicited and advertised according to City Policy by the City’s Contract and Procurement Manager under RFP #10-0029DPU and submissions were received from five (5) contractors. The proposals were evaluated based on experience, response time, geographic knowledge, ticket management, and cost. The highest evaluated proposer was also the lowest cost proposal. The contractor will be responsible for locating underground utilities owned by the City of Dover and will be liable for damaged utilities due to incorrect locating. Additionally, the contractor will manage the Miss Utility ticket process, which includes receiving the tickets directly from Miss Utility, marking the involved utilities, and entering the information on the web- based reporting system. Dover will be responsible for providing the contractor with periodic updated prints and files of newly installed utilities. The proposed contract from Underground Locating Services (ULS) is for a period of three (3) years with two one-year extensions and includes annual increase of 2% the second year, 1% the third year, 2% the fourth year, and a 1% in the fifth year. The Utility Department has been using ULS for a few months and their performance to date has been very good. The following is a summary of the hourly expense from each proposer: Company Name Business Hours After Hours Underground Locating Services $28.00 $33.75 Accumark $40.00 $55.00 Utiliquest $44.00 $58.00 Utility Services and Consulting Group Corp. $48.00 $62.00 ECSM $56.00 $75.60

PETITION TO AMEND AND ZONING DISTRICT First Reading before the Dover City Council March 22, 2010 Applicants/Owners: David & Sherry Blake Address: 1059 Horsepond Road, Dover Location: East side of Horsepond Road, south of Lafferty Lane Tax Parcel ID #: ED05-078.13-01-17.00-000 Size: 1.8612+/- acres (81,073 S.F.) Present Use: Office Proposed Use: Office Comprehensive Plan Designation: Industrial and Public Utilities Present Zoning: M (Manufacturing Zone) and AEOZ Proposed Zoning: C-3 (Service Commercial Zone) and AEOZ Reason for Request: To have the current usage of the property match the existing zoning File Number: Z-10-03

City of Dover Application No.: Z-10-03 Department of Planning & Inspections HO N EPO RS C-3 DR OA D D BULL OG D RIVE R-8 Site M IPM Legend Plan Title: Lands of Blake Dover Parcels Location: Horsepond Road Zoning Plan Type: Rezoning County Parcels Tax Parcel: ED05-078.13-01-17.00-000 Noise Zone A Zoning: M and AEOZ Noise Zone B Proposed Zoning: C-3 and AEOZ Owner: David & Sherry Blake Noise Zone C Date: 3-11-10 Noise Zone D APZ I « APZ II 0 170 340 680 Feet CZ

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2010-09 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED 3 AT 1059 HORSEPOND ROAD 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 5 the limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 7 property described below from M (Manufacturing) and AEOZ (Airport Environs Overlay Zone) to 8 C-3 (Service Commercial) and AEOZ (Airport Environs Overlay Zone). 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 10 DOVER, IN COUNCIL MET: 11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 12 Ordinance of the City of Dover have been amended by changing the zoning designation from 13 M (Manufacturing) and AEOZ (Airport Environs Overlay Zone) to C-3 (Service 14 Commercial) and AEOZ (Airport Environs Overlay Zone) on that property located at 15 1059 Horsepond Road (east side of Horsepond Road, south of Lafferty Lane), consisting of 16 1.8612+/- acres, owned by David E. Blake and Sherry A. Blake. 17 (Tax Parcel: ED05-078.13-01-17.00-000; Second Council District; Planning Reference: Z-10-03) 18 ADOPTED: * 19 S:\ClerksOffice\Rezonings\2010\1059 Horsepond Road\Ordinance-1059 Horsepond Rd-1st Rdg.wpd 20 Actions History 21 March 22, 2010 - Proposed 1 st Reading - Council

PETITION TO AMEND AND ZONING DISTRICT First Reading before the Dover City Council March 22, 2010 Applicants/Owners: Young Men’s Christian Association of Delaware, Inc. (YMCA) Address: 1169 South State Street, Dover Location: East side of South State Street, north of Roosevelt Avenue/Wyoming Avenue Tax Parcel ID #: ED-05-077.17-05-58.00-000 Size: 0.6899+/- acres (30,052 S.F.) Present Use: Vacant land; Previous dwelling on property was demolished Proposed Use: YMCA expansion (Building and Parking) Comprehensive Plan Designation: Mixed Use Present Zoning: RGO (General Residence and Office Zone) Proposed Zoning: IO (Institutional and Office Zone) Reason for Request: To have all YMCA properties with the same zoning classification File Number: Z-10-04

City of Dover Application No.: Z-10-04 Department of Planning & Inspections NE K LA PAR RGO IO MORRIS DRIVE STATE STREET ORCHARD AVEN UE Site WYO MIN R-8 GA VE NU E C-2A ROOSEVELT AVEN UE C-4 C-1A SC-2 Plan Title: Lands of YMCA Location: 1169 South State Street Legend Plan Type: Rezoning Tax Parcel: ED05-077.17-05-58.00-000 Dover Parcels Zoning: RGO (General Residence and Office Zone) Proposed Zoning: IO (Institutional and Office Zone) Zoning Owner: Young Men's Christian Association of Delaware, Inc. Date: 3-11-10 County Parcels 0 87.5 175 350 Feet «

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2010-10 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED 3 AT 1169 SOUTH STATE STREET 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 5 the limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 7 property described below from RG-O (General Residence and Office) to IO (Institutional and 8 Office). 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 10 DOVER, IN COUNCIL MET: 11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 12 Ordinance of the City of Dover have been amended by changing the zoning designation from 13 RG-O (General Residence and Office) to IO (Institutional and Office) on that property 14 located at 1169 South State Street (east side of South State Street, north of Roosevelt 15 Avenue/Wyoming Avenue), consisting of 0.6899+/- acres (30,052 square feet), owned by 16 Young Men's Christian Association of Delaware, Inc. (YMCA) 17 (Tax Parcel: ED05-077.17-05-58.00-000; Second Council District; Planning Reference: Z-10-04) 18 ADOPTED: * 19 S:\ORDINANCES\2010\Draft Ordinances\Ordinance 2010-10 - Rezoning South State Street.wpd 20 Actions History 21 March 22, 2010 - Proposed 1 st Reading - Council

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2010-05 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Chapter 2 - Administration, Article VI - Other Post-Employment Benefits Fund, be amended 4 by inserting a new Section 2-505 - Medicare Part B Premium Reimbursements, as follows: 5 Sec. 2-505. Medicare Part B Premium Reimbursements 6 On July 27, 2009, Counci1 approved the recommendation of the Legislative, Finance, and 7 Administration Committee's recommendation not to provide for Medicare Part B premium 8 reimbursement for all non-bargaining employees which applied only to new hires after July 27, 2009. 9 The City currently provides Medicare Part B premium reimbursement for all other non-bargaining 10 employees and the Legislative, Finance, and Administration Committee recommends that this 11 practice be continued provided that it is clearly stated and understood that the decision of Council, 12 if approved by Council, is not vested and can be changed or eliminated at any time. 13 The City of Dover shall continue to provide Medicare Part B premium reimbursements for all 14 non-bargaining employees other than those new hires after July 27, 2009, as it has done in the past, 15 provided that this is not to be considered a vested right and can be changed or eliminated by Council 16 at any time by ordinance or resolution enacted to that effect and, further, that as required by the 17 Charter, Section 3, the fund for payment of the costs of such premium reimbursement shall be 18 continued as in the past. 19 SYNOPSIS 20 The City in the past has provided to all non-bargaining employees Medicare Part B 21 premium reimbursement. On July 27, 2009, Council adopted an ordinance that 22 terminated such premium reimbursement for non-bargaining employees hired on or 23 after July 27, 2009. The effect of this ordinance is to reaffirm the position of the City 24 to continue to provide Medicare Part B premium reimbursement for all 25 non-bargaining employees hired previous to July 27, 2009, with the complete and 26 absolute understanding that this decision of Council does not convey or establish any 27 vested right to non-bargaining employees to receive this premium reimbursement in 28 the future and that such decision of premium reimbursement may be changed or 29 eliminated by Council at any time. 30 ADOPTED: * 31 S:\ORDINANCES\2010\Draft Ordinances\Ordinance 2010-05 First Rdg.wpd 32 Actions History 33 March 8, 2010 - Legislative, Finance, and Administration Committee Recommended Reaffirming the Committee 34 Action of January 25, 2010 for Adoption of Ordinance #2010-05 with the Original Language 35 February 22, 2010 - Referred by City Council Back to Legislative, Finance, and Administration Committee 36 January 25, 2010 - Legislative, Finance, and Administration Committee

FIRST READING CITY OF DOVER PROPOSED AMENDMENT NO. 1 TO ORDINANCE #2010-05 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Chapter 2 - Administration, Article VI - Other Post-Employment Benefits Fund, be amended by 4 inserting a new Section 2-505 - Medicare Part B Premium Reimbursements, as follows: 5 Sec. 2-505. Medicare Part B Premium Reimbursements 6 On July 27, 2009, Counci1 approved the recommendation of the Legislative, Finance, and 7 Administration Committee's recommendation not to provide for Medicare Part B premium 8 reimbursement for all non-bargaining employees which applied only to new hires after July 27, 2009. 9 The City currently provides Medicare Part B premium reimbursement for all other non-bargaining 10 employees and the Legislative, Finance, and Administration Committee recommends that this practice 11 be continued provided that it is clearly stated and understood that the decision of Council, if approved 12 by Council, is not vested and can be changed or eliminated at any time can be reevaluated annually 13 for changes or elimination. 14 The City of Dover shall continue to provide Medicare Part B premium reimbursements for all 15 non-bargaining employees other than those new hires after July 27, 2009, as it has done in the past, 16 provided that this is not to be considered a vested right and can be changed or eliminated by Council at 17 any time by ordinance,with a public hearing, or resolution and with a 90-day written notice to those 18 employees who are currently receiving or who are eligible for Medicare Part B Reimbursement, 19 enacted to that effect and, further, that as required by the Charter, Section 3, the fund for payment of the 20 costs of such premium reimbursement shall be continued as in the past. 21 SYNOPSIS 22 The City in the past has provided to all non-bargaining employees Medicare Part B 23 premium reimbursement. On July 27, 2009, Council adopted an ordinance that 24 terminated such premium reimbursement for non-bargaining employees hired on or after 25 July 27, 2009. The effect of this ordinance is to reaffirm the position of the City to 26 continue to provide Medicare Part B premium reimbursement for all non-bargaining 27 employees hired previous to July 27, 2009, with the complete and absolute understanding 28 that this decision of Council does not convey or establish any vested right to non- 29 bargaining employees to receive this premium reimbursement in the future and that such 30 decision of premium reimbursement may be changed or eliminated by Council at any 31 time. 32 ADOPTED: * 33 S:\ORDINANCES\2010\Draft Ordinances\Ordinance 2010-05 - Amend No. 1 First Rdg.wpd 34 Actions History 35 March 8, 2010 - Legislative, Finance, and Administration Committee Recommended Reaffirming the Committee Action 36 of January 25, 2010 for Adoption of Ordinance #2010-05 with the Original Language 37 February 22, 2010 - Referred to Legislative, Finance, and Administration Committee for Consideration of Amendment 38 January 25, 2010 - Legislative, Finance, and Administration Committee

FINAL READING 1 CITY OF DOVER PROPOSED ORDINANCE #2010-06 2 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 3 MET: 4 That Chapter 102 - Taxation, Article VI - Exemptions; Board of Assessment Appeals, Section 102-183 - 5 Tax Exemptions for Senior Citizens, Subsection (b) - Qualifications, Subsection (3) - Exclusions from 6 Income, be amended by inserting the text indicated in bold, blue, italics, as follows: 7 Sec. 102-183. Tax exemption for senior citizens. 8 (a) Authority. This section is adopted to implement 22 Del. C. § 1001 et seq., granting exemptions 9 from municipal taxation on real property for persons 65 years of age or over. Compliance must be 10 made with such chapter 10 and this section in order to qualify for such exemption. 11 (b) Qualifications. The exemption shall be for real property owners 60 years of age or over. If 12 qualified, their real property shall be exempt from municipal taxation to the extent of the first 13 $50,000.00 of assessed valuation. This exemption shall be subject to the following: 14 (1) Owner resides alone. If the income of a property owner who resides alone exceeds the sum 15 of $15,851.00 (2008) for the income tax year immediately preceding the date of making an 16 application for the exemption, then the exemption shall not be granted. The maximum income 17 limit stated in the preceding sentence shall increase each year by the same percentage as the cost 18 of living adjustment granted to recipients of Social Security retirement benefits. 19 (2) Spouses reside together. If the income of a property owner and spouse who reside together 20 exceeds the sum of $22,192.00 (2008) for the income tax year immediately preceding the date 21 of making an application for the exemption, then the exemption shall not be granted. The 22 maximum income limit stated in the preceding sentence shall increase each year by the same 23 percentage as the cost of living adjustment granted to recipients of Social Security retirement 24 benefits. 25 (3) Exclusion from income. In computing income of the property owner in order to determine 26 entitlement for the deduction, Social Security benefits; railroad pensions and federal civil 27 service retirement (not to exceed the sum of $35,190 (2010) - 150 % of the Social Security 28 maximum benefit. The civil service retirement income exclusion shall be based each year on 29 the maximum Social Security benefit at 150%), shall not be considered as income. 30 ADOPTED: * 31 S:\ORDINANCES\2010\Draft Ordinances\Ordinance 2010-06 Senior Citizen Exemption Cap Final Reading.wpd 32 SYNOPSIS 33 This amendment would place a cap on the excluded amount allowed for Civil 34 Service Pension 35 Actions History 36 March 22, 2010 - Final Reading Scheduled at Council 37 March 8, 2010 - First Reading - Council 38 February 8, 2010 - Legislative, Finance, and Administration Committee

FINAL READING 1 CITY OF DOVER PROPOSED ORDINANCE #2010‐07 2 3 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 4 5 That Chapter 98 – Streets, Sidewalks and Other Public Places, Chapter 110 – Utilities, Article III – Water Service, Chapter 6 110 – Utilities, Article IV‐Sewer Service, and APPENDIX F FEES AND FINES be amended by inserting the new text 7 indicated in bold, blue, italics or moving the text indicated in blue from the prior section of the code indicated and 8 deleting the text indicated in red strikeout, as follows: 9 10 11 Chapter 98 STREETS, SIDEWALKS, STORM SEWERS AND OTHER PUBLIC PLACES* 12 __________ 13 *Charter references: Power of council over streets, subpart A, §§ 28, 29, Sewer systems, subpart A, § 26. 14 __________ 15 16 17 ARTICLE I. IN GENERAL 18 19 Sec. 98‐1. Street department created; purpose. 20 There is hereby created a street department under the general supervision and authority of the city manager, which 21 shall superintend and have authority over the use, construction, condition and lighting of city streets, sidewalks, storm 22 sewers and public places. 23 (Code 1968, §§ 2‐80, 28‐1; Code 1981, § 19‐1) 24 25 Sec. 98.2.—98.40. 26 27 28 ARTICLE II. STREET CONSTRUCTION 29 30 Sec. 98.41.—98.80. 31 32 33 ARTICLE III. CURB CUTS 34 35 Sec. 98.81.—98.130. 36 37 38 ARTICLE IV. SIDEWALK SPECIFICATIONS 39 40 Sec. 98.131.—98.160. 41 42 43 44 45 ARTICLE V. STORM SEWERS

46 47 Sec. 98‐161. Definitions. (previously included under Sec. 110‐231.) 48 Drain means any pipe which carries water or waterborne sewage in a drainage system. 49 Private storm sewer means any storm sewer not owned by the city. 50 Public storm sewer means any storm sewer owned by the city. 51 Storm sewer means any system used for conveying rain water, stormwater, surface water, condensate, cooling water or 52 similar liquid wastes, exclusive of sewage. 53 (Code 1968, § 27‐1; Code 1981, § 22‐127) 54 55 Sec. 98‐162. Connections. (previously included under Sec. 110‐234.) 56 (a) It shall be unlawful for any person to tap or to have tapped any public storm sewer without a permit from the city 57 manager. 58 (b) It shall be unlawful for any person other than the city to tap any public storm sewer. The city shall tap the sewer as 59 described in the permit, and the permittee shall pay the fees and charges based upon unit prices as the city incurs. 60 (Code 1968, §§ 27‐12, 27‐13; Code 1981, § 22‐129) 61 62 Sec. 98‐163. Public storm sewer design and construction. (previously included under Sec. 110‐236.) 63 Public storm sewers shall be designed and constructed according to city construction specifications, three copies of 64 which shall be on file in the city clerk's office. 65 (Code 1968, § 27‐11; Code 1981, § 22‐131) 66 67 Sec. 98‐164. Prohibited discharges into system. (previously included under Sec. 110‐237.) 68 (a) Injurious substances. It shall be unlawful for any person or group of persons to throw, place, or deposit, or attempt 69 to throw, place or deposit, or cause to be thrown, placed or deposited, any article, object or substance in any of the 70 storm sewers or into any of the inlets into the storm sewers of the city, or into any of the streets, lanes, alleys, or gutters 71 of the streets in the city from which such article, object, or substance would be likely to enter into or run into the storm 72 sewers of the city, which object, or substance would injure in any manner said storm sewer system or sewage disposal 73 plant area into which such storm sewers empty. 74 (b) Definition. Wherever the term "plant" or "system" is used, such term shall be taken to include, in addition to any 75 other meaning herein indicated, any machinery or parts thereof, conduits, reservoirs, ditches, grates, catch basins, 76 storm manholes, gauges, and building or buildings and the attachments thereto wherein any such machinery or parts 77 thereof, conduits, reservoirs, or gauges are kept or stored. 78 (c) Tar, petroleum, etc. It shall be unlawful to pour, drain or run into the storm sewers of the city, by any method 79 whatsoever, any tar or tar product, or petroleum or petroleum product, or any inflammable substance or material. 80 (d) Protection of equipment. It shall be unlawful to pour or drain into or permit the drainage into any of the storm 81 sewers or storm sewer system of the city any substance or chemical which would damage the machinery or equipment, 82 or hinder the proper functioning of the storm sewer system or of the disposal plant, owned and operated by the in any 83 way negatively impact any related permits held by the city. 84 (e) Garbage, offal, etc. It shall be unlawful to deposit or throw, or cause to be deposited or thrown into any receptacle 85 connected with a public or private storm sewer of the city, any garbage, ashes, cinders, rags, offal from any stable, 86 slaughterhouse, stock house, cannery, canning factory or any other building or establishment waste of any kind 87 whatsoever or to discharge or permit to be discharged into any private or public storm sewer within the city, anything 88 that will injure such storm sewer or will obstruct the use and operation thereof. 89 (Code 1968, § 27‐6; Ord. of 10‐26‐1970; Code 1981, § 22‐132) 90 91 Sec. 98‐165. Authority to enter and inspect private property. (previously included under Sec. 110‐239.)

92 The city manager and his authorized agents shall have the authority to enter upon any lands as may reasonably be 93 necessary to discharge their duties pursuant to this article. Pursuant to the entry, the city manager and his authorized 94 agents shall properly discharge their duties, which may include inspection, conveyance or removal of materials 95 necessary for construction upon the land or improvement or repair of any drain, gutter, storm sewer, manhole or 96 natural watercourse. 97 (Code 1968, § 27‐3; Code 1981, § 22‐134) 98 99 Sec. 98‐166. Violations. (previously included under Sec. 110‐240.) 100 (a) Notice. Whenever the city manager or the health inspector his authorized agents shall determine that a condition 101 exists which violates any portion of this article, the city manager or the health inspector his authorized agents shall 102 notify the property owner or occupant of the specific violation. 103 (b) Action by city. Unless the condition is remedied within ten days after notice is given, the city may cause the 104 condition to be remedied and assess the cost thereof against the property owner. 105 (c) Payment of cost. Any person violating any of the provisions of this article shall, upon conviction therefore, pay to 106 the city the cost of any of the repairs resulting from the violation and be subject to the penalty provided in section 1‐17. 107 (Code 1968, §§ 27‐17, 27‐18; Code 1981, § 22‐134) 108 109 Secs. 98‐167‐‐98‐220. Reserved 110 111 ARTICLE V VI. EXCAVATIONS 112 113 DIVISION 1. GENERALLY 114 115 Sec. 98‐161 221. Interference with traffic or property. 116 117 Sec. 98‐162 222. Fire hydrants. 118 119 Sec. 98‐163 223. Drainage. 120 121 Sec. 98‐164 224. Barricades. 122 123 Sec. 98‐165 225. Repair of excavated areas. 124 125 Sec. 98‐166 226. Inspections; rules and regulations. 126 127 Secs. 98‐167 227 ‐‐98‐190 250. Reserved. 128 129 DIVISION 2. PERMIT 130 131 Sec. 98‐191 251. Required. 132 133 Sec. 98‐192 252. Fee. 134 135 Sec. 98‐193 253. Bond. 136 137 Sec. 98‐194 254. Information required for issuance. 138 Secs. 98‐195 255 ‐‐98‐220 280. Reserved. 139 ARTICLE VI VII. PARADES 140 141 DIVISION 1. GENERALLY

142 143 Sec. 98‐221 281. Definitions. 144 145 Sec. 98‐222 282. Exemptions. 146 147 Secs. 98‐223 283 ‐‐98‐240 300. Reserved. 148 149 150 DIVISION 2. PERMIT 151 152 Sec. 98‐241 301. Required. 153 154 Sec. 98‐242 302. Applications. 155 156 Sec. 98‐243 303. Fee. 157 158 Sec. 98‐244 304. Standards for issuance. 159 160 Sec. 98‐245 305. Notice of denial. 161 162 Sec. 98‐246 306. Alternative permit. 163 164 Sec. 98‐247 307. Contents. 165 166 Sec. 98‐248 308. Possession. 167 168 Sec. 98‐250 309. Compliance with direction and conditions, laws and regulations. 169 170 Secs. 98‐251 310 ‐‐98‐280 340. Reserved. 171 172 173 ARTICLE VII VIII. NUMBERING OF BUILDINGS 174 175 Sec. 98‐281 341. Allotment of numbers. 176 177 Sec. 98‐282 342. Procedure. 178 179 Sec. 98‐283 343. Lot number designations. 180 181 Sec. 98‐284 344. Posting numbers. 182 183 Sec. 98‐285 345. Enforcement of section 98‐284; posting of numbers by city. 184 185 Sec. 98‐286 346. Appointment of person to apportion and adjust property numbers. 186 187 188 Chapter 110 UTILITIES 189 190 ARTICLE III. WATER SERVICE* 191 __________ 192 *Charter references: Power of council to operate water plans, subpart A, § 25.

193 __________ 194 195 DIVISION 1. GENERALLY 196 Sec. 110‐61. Definitions. 197 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this 198 section, except where the context clearly indicates a different meaning: 199 Customer means any person supplied with water service by the city. 200 Service line means a water line connected to the water main for the purposes of serving a customer. 201 Water main means any public water line, other than a service line. 202 Water service fees means water use fees. 203 Water tap means the connection of a service line to a water main. 204 (Code 1968, § 32‐1; Ord. of 4‐8‐1974; Code 1981, § 22‐177) 205 206 Sec. 110‐62. Water department created. 207 There is hereby created a water department. 208 (Code 1968, § 2‐76; Code 1981, § 22‐176) 209 210 Sec. 110‐63. Separate water facilities required for salable dwellings. 211 Each dwelling, which is capable of being offered for sale, shall have its own separate water facilities. 212 (Code 1968, § 27‐4; Code 1981, § 22‐178) 213 Charter references: Power of council to require property to be connected to water mains, subpart A, § 26. 214 215 Sec. 110‐63. Water handbook incorporated by reference. 216 The City of Dover Municipal Water Department's Water Handbook is hereby incorporated by reference into the laws 217 of the city. A copy of the aforesaid handbook shall be filed in the city clerk's office and available to the public for 218 inspection. 219 220 Sec. 110‐64. Opening and closing valves and curbstops. 221 It shall be unlawful for any unauthorized person to open or close any curbstop or valve on the public water mains or 222 service lines. 223 (Code 1968, § 32‐7; Ord. of 4‐8‐1974; Mo. of 4‐8‐1974, § X; Code 1981, § 22‐179) 224 225 Sec. 110‐65. Fire hydrants on private property. 226 (a) Regulation by city. The city shall have the power to regulate all fire hydrants located on private property at the 227 present time and all such hydrants to be located on private property in the future. The city manager and his authorized 228 agent shall periodically inspect such existing fire hydrants on private property to see that they are functioning properly. 229 If any defects are discovered by the city manager or his authorized agent, he shall direct the property owner to correct 230 such defects or make such improvements, additions or alterations as he deems necessary to make such hydrant 231 functional and he shall set a time within which such repairs shall be made. If the property owner shall fail to comply with 232 the directive of the city manager, then the city manager is authorized to proceed with the necessary repairs to be done 233 by city personnel or other authorized independent contractors and the owner shall be billed for the work and labor 234 performed and materials furnished. In the event that the property owner fails to pay said bills or expenses within 30 235 days from the date the same are mailed to the owner, then such bills shall be entered in the municipal lien docket as a 236 lien owing the city and the same may be turned over to the city solicitor for collection. Further, the city manager may 237 discontinue the water supply to the premises owned by said owner where the fire hydrant is located as provided in 238 section 110‐74, but in no event shall the water supply to the fire hydrant or hydrants be discontinued.

239 (b) Authority of manager. The city manager or his designated agent shall have the power to prescribe the standards 240 and regulations for all fire hydrants located on private property in the future and no such fire hydrants shall be located 241 that do not comply with these standards and regulations. 242 (Code 1968, § 32‐15A; Ord. No. 4‐78, 6‐12‐1978; Code 1981, § 22‐180) 243 244 Sec. 110‐66. Customer to maintain connections, service lines, etc.; repair of leaks; liability of city for leaks. 245 (a) All connections, service lines from the curb to the meter, and spigots, fixtures and other attachments furnished by 246 the customer or on his property shall be maintained by him in good order and condition, and free from leaks. Leaks in 247 the service line from the curb stop into the building shall be repaired immediately. 248 (b) The city shall in no event be responsible for maintaining any portion of the service line owned by the customer, or 249 for damage done by water escaping therefrom. 250 (Code 1968, § 32‐10; Ord. of 4‐8‐1974; Mo. of 4‐8‐1974, § VI; Code 1981, § 22‐181) 251 252 Sec. 110‐6764. Sprinkling limitation. 253 When an emergency to the water supply exists, the city manager shall order public water users to limit or stop sprinkling 254 streets, grass or other vegetation. 255 (Code 1968, § 32‐12; Ord. of 4‐8‐1974; Code 1981, § 22‐182) 256 257 Sec. 110‐68. Private swimming pools. 258 The filling of private swimming pools shall be accomplished only through the metered supply that serves the property. 259 Fire hydrants shall not be used for this purpose. 260 (Mo. of 4‐8‐1974, § X; Code 1981, § 22‐183) 261 262 Sec. 110‐69. Tank trucks. 263 The city has provided facilities for the filling of tank trucks at the East Water Street municipal facility. All tank trucks shall 264 use this facility. A charge will be made for this service. 265 (Mo. of 4‐8‐1974, § X; Code 1981, § 22‐184) 266 267 Sec. 110‐7065. Supplying nonusers with city water. 268 It shall be unlawful for any customer purchasing water from the city to supply such water to persons who are not 269 customers or who have no water connections with the public mains. 270 (Code 1968, § 32‐19; Ord. of 4‐8‐1974; Code 1981, § 22‐185) 271 272 Sec. 110‐7166. Deposit for customers who purchase water for redistribution. 273 Those customers who purchase water for redistribution shall pay a deposit in an amount to be determined by the city 274 manager. 275 (Mo. of 4‐8‐1974, § X; Code 1981, § 22‐186) 276 277 278 279 Sec. 110‐72. Construction specifications. 280 Three copies of the construction specifications for the public water system shall be on file in the city clerk's office. 281 (Code 1968, § 32‐13; Ord. of 4‐8‐1974; Code 1981, § 22‐187) 282 283 Sec. 110‐7367. Private wells. 284 (a) When authorized. It shall be unlawful, and a nuisance for any person to dig, drill or otherwise excavate any well 285 more than 150 feet below the surface of the ground within the city, or one mile thereof, without the permission of the

286 city council given by resolution. No permission shall be given for a well on any property where a potable water supply is 287 available. 288 (b) Shallow wells. Shallow wells may be drilled into and water withdrawn from the unconfined aquifers within the 289 limits of the city, subject to the following: 290 (1) All wells shall require a permit from the state department of natural resources and environmental control or other 291 regulatory agency and the approval of the city setting forth construction details, design yield, and withdrawal rates. 292 (2) All wells must have the approval of the state board of health or other similar regulatory agency for their intended 293 use. 294 (3) A detailed plan showing the well location, well construction, piping plan and connection details shall be submitted 295 with the application. 296 (4) All wells shall be metered by an approved device and daily pumping records maintained. 297 (5) All water derived from shallow wells shall be used only for boiler makeup, cooling water use, and underground 298 irrigation systems. 299 (6) Any revisions, changes or deviations from the original permit must be in the same manner as the original permit. 300 (7) There shall be no interconnection with any public water supply, nor shall the shallow well be used as a potable 301 water supply for human consumption. 302 (8) Private irrigation systems shall be completely underground, with no connections or outlets that could be used for 303 human consumption. Irrigation shall be by sprinkler heads. 304 (Code 1968, § 32‐14; Ord. of 4‐8‐1974; Ord. No. 2‐78, 4‐24‐1978; Code 1981, § 22‐188) 305 306 Sec. 110‐74. Discontinuance for faulty plumbing; fees. 307 If it is found that water facilities are leaking or in a bad condition, the water service to the premises may be discontinued 308 until the necessary repairs are made. Before the water service shall resume, the customer shall pay a fee covering 309 service charges incident to discontinuance and resumption of the water supply. 310 (Code 1968, § 32‐20; Ord. of 4‐8‐1974; Code 1981, § 22‐189) 311 312 Sec. 110‐75. Resumption after discontinuance. 313 Water service shall be resumed after discontinuance only when the conditions under which such service was 314 discontinued are corrected and upon the payment of all proper charges or amounts. 315 (Code 1968, §§ 32‐21, 32‐23; Ord. of 4‐8‐1974; Code 1981, § 22‐190) 316 317 Sec. 110‐76. Liability of city for low pressure or capacity. 318 The city does not guarantee any special service, pressure, capacity or facility other than is permitted by the ordinary and 319 changing operating condition of the city's water system, as the same exists from day to day. The city shall be free and 320 exempt from any and all claims for injury to any person or property by reason of fire, water, and failure to supply water 321 pressure or capacity. 322 (Mo. of 4‐8‐1974, § VIII(c); Code 1981, § 22‐191) 323 324 Sec. 110‐77. Liability of city for discontinuance of service. 325 In case of breakdown, emergency or for any other unavoidable cause, the city shall have the right to cut off the water 326 supply temporarily in order to make necessary repairs or connections. In such case, the city shall not be liable for any 327 damage or inconvenience suffered by the customer; or any claim against it at any time for interruption in service, 328 lessening of supply, inadequate pressure, poor water quality, or any cause beyond its control. The same rule shall apply 329 if the city discontinues service pursuant to any other provision of this Code. 330 (Code 1968, § 32‐22; Ord. of 4‐8‐1974; Code 1981, § 22‐192) 331 332 Sec. 110‐78. Inspections authorized.

333 The city manager and his authorized agents shall have the authority to enter any building or premises within the city at 334 reasonable times to inspect all pipes, valves, spigots or other attachments or to make necessary and reasonable tests 335 consistent with good engineering practice to determine condition or to determine if any violations of this article exist. 336 (Code 1968, §§ 32‐3, 32‐18; Ord. of 4‐8‐1974; Mo. of 4‐8‐1974, § X; Code 1981, § 22‐193) 337 338 Secs. 110‐7968‐‐110‐100190. Reserved. 339 340 DIVISION 2. SERVICE LINES 341 342 Sec. 110‐101. Generally. 343 The property owner shall furnish, install and maintain the water service line from the curb box to the property. All 344 service lines must have an approved valve installed on each side of the meter. 345 (Mo. of 4‐8‐1974, § VI; Code 1981, § 22‐201) 346 347 Sec. 110‐102. General duty of city. 348 (a) The city will make all connections to its water main, and furnish, install and maintain all service lines from the main 349 to and including the curbstop and box, which will be placed inside the curbline. 350 (b) Subsection (a) of this section shall not apply to developments constructed pursuant to appendix A to this Code 351 pertaining to subdivisions. 352 (Mo. of 4‐8‐1974, § VI; Code 1981, § 22‐202) 353 354 Sec. 110‐103. Location. 355 No water service line shall be laid in the same trench with gas pipe, drain or sewer pipe or any other pipe, or within 356 three feet of any open excavation or vault. 357 (Mo. of 4‐8‐1974, § VI; Code 1981, § 22‐203) 358 359 Sec. 110‐104. Separate service lines required. 360 A water service line from the main to the curb shall not supply more than one property or customer. 361 (Code 1981, § 22‐204) 362 363 Secs. 110‐105‐‐110‐120. Reserved. 364 365 DIVISION 3. TAPS 366 367 Sec. 110‐121. Permit required. 368 It shall be unlawful for any person to tap or to have tapped any public water main without a permit from the city 369 manager. 370 Sec. 110‐122. Permit application. 371 A person desiring the permit required by the provisions of this division shall apply to the city manager upon a form 372 provided by the city manager, stating the premises for which the tap is desired and the number of outlets contemplated 373 on the premises. 374 (Code 1968, § 32‐4; Ord. of 4‐8‐1974; Code 1981, § 22‐212) 375 376 Sec. 110‐123. Fee. 377 The charge for making a water tap and installing a service line to and including the curb box shall be in accordance with a 378 schedule set by the city council and set forth in the rules and regulations of the water system. These charges shall be 379 due and payable at the time of the application for a tapping permit. 380 (Code 1968, § 32‐5; Ord. of 4‐8‐1974; Code 1981, § 22‐213)

381 382 Sec. 110‐124. Connection to be made by city. 383 The city shall make all connections to its mains, and furnish, install and maintain all service lines from the main to and 384 including the curb stop and box in accordance with the permit issued pursuant to this division. 385 (Code 1968, § 32‐6; Ord. of 4‐8‐1974; Code 1981, § 22‐214) 386 387 Secs. 110‐125‐‐110‐140. Reserved. 388 389 DIVISION 4. METERS 390 391 Sec. 110‐141. Required. 392 Each water service line from the main to a property shall be metered. The city reserves the right to determine the size, 393 location, and type of meter, and shall furnish the meter and appurtenances to the customer at cost. All meters over two 394 inches in size must be purchased by the customer through an approved vendor as directed by the city. 395 (Code 1968, § 32‐11; Ord. of 4‐8‐1974; Mo. of 4‐8‐1974, § VII; Code 1981, § 22‐226; Ord. of 4‐28‐1997) 396 397 Sec. 110‐142. Location. 398 (a) Residential. All new residential water meters shall be set in a meter pit (No. PSBHC‐28818‐36 as manufactured by 399 the Ford Meter Box Company or approved equal), with a suitable iron cover which shall be located within two feet of the 400 property line adjacent to the road right‐of‐way. In cases where water mains are not located along the street frontage, 401 the location of the meter pit shall be determined by the city. The location of the pit shall also coincide with the center of 402 the property as measured along the road frontage. No meter pit covers shall be placed in locations susceptible to 403 vehicular or pedestrian traffic. The size and dimensions of the pit shall be approved by the city and shall give adequate 404 access to the meter and permit its installation and/or removal. 405 (b) Commercial/institutional. All new commercial/institutional water meters shall be set at a convenient location, 406 approved by the city, so as to control the entire domestic supply. Meters shall be located in an open space so that the 407 meter is at all times accessible for reading and/or repair. Where it is not practical, nor desired to place a meter within a 408 building structure, the meter shall be set in a brick, concrete, or plastic pit with a suitable iron cover. Other types of 409 meter boxes may be approved by the city under special circumstances. The pit or box shall be placed by the customer or 410 agent thereof inside the property line as close to the right‐of‐way as possible. The size and dimensions of the pit or box 411 shall be approved by the city and shall give adequate access to the meter and permit its installation and/or removal. 412 (Mo. of 4‐8‐1974, § VII; Code 1981, § 22‐227; Ord. of 4‐28‐1997) 413 414 415 416 417 Sec. 110‐143. Installation. 418 All interior installations shall be in a horizontal position with the register upright and not more than 24 inches above the 419 floor line. All meter pit or box installations shall have the meter register located not more than 12 inches or less than six 420 inches below a finished grade and shall be installed in a meter pit which is valved with an angle ball valve at the inlet and 421 an angle cartridge dual checkvalve at the outlet. In addition, all installations, regardless of location, shall include the 422 most current remote metering devices in use by the city at the time of installation. 423 (Mo. of 4‐8‐1974, § VII; Code 1981, § 22‐228; Ord. of 4‐28‐1997) 424 425 Sec. 110‐144. Maintenance and responsibility for damage. 426 All water meters shall be maintained by the city as far as ordinary wear and tear are concerned. Damage due to freezing, 427 hot water, or external causes due to the negligence of the customer shall be paid for by the customer. 428 (Mo. of 4‐8‐1974, § VII; Code 1981, § 22‐229; Ord. of 4‐28‐1997) 429

430 Sec. 110‐145. Notice to city of damage or malfunction. 431 The customer shall immediately notify the city of damage to or malfunction of the water meter as soon as it comes to 432 his knowledge. 433 (Mo. of 4‐8‐1974, § VII; Code 1981, § 22‐230; Ord. of 4‐28‐1997) 434 435 Sec. 110‐146. Inaccurate meters. 436 The quantity recorded by a water meter shall be conclusive on both the city and the customer, except when the meter 437 has been found to be registering inaccurately or has ceased to register. In such case, the quantity may be determined by 438 the average registration of the meter when in order. Either party may request a flow test using a certified vendor 439 approved by the city. If the customer contests the results of the first test, all costs to retest the meter shall be incurred 440 by the customer. 441 (Mo. of 4‐8‐1974, § VII; Code 1981, § 22‐231; Ord. of 4‐28‐1997) 442 443 Secs. 110‐147‐‐110‐170. Reserved. 444 445 DIVISION 5. FIRE HYDRANTS 446 447 Sec. 110‐171. Use permit required. 448 It shall be unlawful for any person, except members of a fire department when engaged in the performance of their 449 duties or any person in the event of an emergency endangering life or property, to open or use any fire hydrant owned 450 by the city without a permit from the city manager. 451 (Code 1968, § 32‐15; Ord. of 4‐8‐1974; Code 1981, § 22‐241) 452 453 Sec. 110‐172. Permissible use. 454 No person, except authorized personnel of the city, shall take water from any public fire hydrant, except for fire 455 purposes or for the use of the fire department in case of fire, and no public fire hydrant shall be used for sprinkling 456 streets, flushing sewers, or for any other purposes, except with the approval of the city manager. 457 (Mo. of 4‐8‐1974, § VIII; Code 1981, § 22‐242) 458 459 Sec. 110‐173. Charge and deposit for use. 460 (a) If the city manager authorizes the use of a fire hydrant pursuant to this division, the person using it shall pay a 461 charge levied by the city manager, sufficient to cover all the expenses incurred by the city from that use. 462 (b) If any city equipment is to be used in opening the hydrant, the city manager may require a deposit to assure its 463 return. 464 (Code 1968, § 32‐16; Ord. of 4‐8‐1974; Code 1981, § 22‐243) 465 466 Sec. 110‐174. Installation on private property. 467 Any fire hydrant installed by a customer on private property shall be in accordance with city specifications. 468 (Code 1968, § 32‐17; Ord. of 4‐8‐1974; Code 1981, § 22‐244) 469 470 Secs. 110‐175‐‐110‐190. Reserved. 471 472 DIVISION 62. RATES, CHARGES AND BILLING PROCEDURES 473 474 Sec. 110‐191. Water use fees generally. 475 (a) Payment. All water service fees, three copies of which are on file in the city clerk's office, shall be payable to the city 476 manager.

477 (b) Penalty. A penalty as provided for in Appendix F‐‐Fees and Fines shall be added to all water service fees which shall 478 be in arrears for a period in excess of 30 days after the date of rendering the water service bill. 479 (Code 1968, § 32‐8; Ord. of 4‐8‐1974; Code 1981, § 22‐251; Ord. of 9‐28‐1992; Ord. of 8‐14‐1995; Ord. No. 2009‐09, 6‐ 480 22‐2009) 481 482 Sec. 110‐192. Responsibility for water use fees. 483 All property owners shall be responsible for the fees for the use of water consumed on their property and shall not be 484 relieved of the payment of water service fees because of any agreement between themselves and any tenants in 485 possession. 486 (Code 1968, § 32‐9; Ord. of 4‐8‐1974; Code 1981, § 22‐252) 487 488 Sec. 110‐193. Meter reading and billing. 489 (a) Meter reading. Regular meter readings shall be made monthly for all customers. 490 (b) Billing. Bills shall be rendered as soon as practical after the reading of the respective meter. All bills are due and 491 payable at the city offices upon presentation or delivery. 492 (Mo. of 4‐8‐1974, § IX, Code 1981, § 22‐253; Ord. of 4‐27‐1992; Ord. of 8‐14‐1995) 493 494 Sec. 110‐194. Overdue charges. 495 The city manager or his authorized agents are hereby authorized to discontinue the water supply to any premises for 496 nonpayment of water service fees 36 days after a statement of the amount due shall have been mailed to the owner or 497 occupant of the premises. The overdue water service fees shall be entered in the municipal lien docket as a lien against 498 property owned by the chargeable. 499 (Code 1968, § 32‐21; Ord. of 4‐8‐1974; Code 1981, § 22‐255; Ord. of 8‐14‐1995) 500 501 Sec. 110‐195192. Charge for discontinuing or restoring water service. 502 (a) Maintenance and repair. There will be no charge for turning on or off any service for maintenance and repair 503 purposes if done during normal working hours. There will be a charge as provided for in Appendix F‐‐Fees and Fines, for 504 all service calls after normal working hours. 505 (b) Nonpayment. There will be a service charge as provided for in Appendix F‐‐Fees and Fines paid, together with all 506 current and overdue charges, prior to turning on any service discontinued for nonpayment. 507 (Mo. of 4‐8‐1974, § IX; Code 1981, § 22‐256; Ord. of 8‐14‐1995) 508 Secs. 110‐196193‐‐110‐205. Reserved. 509 510 DIVISION 73. WATER IMPACT FEES 511 512 Sec. 110‐206. Definitions. 513 The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this 514 section, except where the context clearly indicates a different meaning: 515 Equivalent dwelling unit (EDU): A term used to express the load produced on a water system approximately equal to 516 one dwelling unit or 250 gallons per day (GPD). 517 Impact fee: A one‐time fee imposed by the city upon the owner(s) of any new, remodeled, restored or enlarged 518 residential, commercial, institutional or industrial structure or structures or any combination thereof which results in an 519 increased water demand to the water system. 520 Water system: A term used to collectively identify all production, transmission and distribution facilities and/or 521 improvements associated with the infrastructure. 522 (Ord. of 1‐28‐2008(2)) 523 524 Sec. 110‐207. Establishment of equivalent dwelling units.

525 (a) Determination for residential dwellings. Whenever by ordinance or by contract the city imposes or assesses water 526 charges or fees on the basis of EDUs, an EDU shall be determined in the same manner as wastewater collection charges 527 or fees and as defined in the most recent impact fee ordinance adopted by Kent County Levy Court. An EDU for a 528 residential dwelling shall be determined as follows: 529 (1) Houses, dwellings, mobile homes and apartments with one kitchen and one or more baths and bedrooms separate 530 from the kitchen . . . 1.0 EDU 531 (2) Efficiency unit or cottage having a living space in one room and having one bath . . . 1.0 EDU 532 (3) Dwelling with one kitchen and one or more baths and bedrooms separate from the kitchen and attached to other 533 dwellings or structures . . . 1.0 EDU 534 (b) Determination for nonresidential establishments. Whenever by ordinance or by contract the city imposes or 535 assesses water charges or fees on the basis of EDUs, the number of EDUs to be charged shall be determined in the same 536 manner as wastewater collection charges or fees and using the appropriate specific assessment as defined in the most 537 recent impact fee ordinance adopted by Kent County Levy Court. When users propose water usage under circumstances 538 other than the specific assessments defined by the county, the city's impact fee shall be calculated by the city engineer 539 based on flow in GPD. In such cases where the impact fee is calculated by flow, each EDU shall be equal to 250 GPD. 540 (c) Minimum assignment. A minimum of one EDU will be assigned to each establishment connecting to the system. No 541 fractional parts of EDUs will be assigned. The number of EDUs shall be rounded up to the nearest whole number of 542 EDUs. 543 (d) No assignment. If an establishment does not have any physical facilities which result in a water demand on the 544 city's water system, then the number of EDUs assigned to it shall be zero. 545 (e) Maximum assignment. The city shall in no case charge an impact fee based on more than 100 EDUs per certificate 546 of occupancy. 547 (Ord. of 1‐28‐2008(2)) 548 549 Sec. 110‐208. Water impact fee established; payment, credits. 550 (a) Findings, etc. It is hereby determined that additional users to be connected to, or additional demand to be placed 551 upon, the city's water system will cause a reduction in the presently existing excess capacity and will eventually 552 contribute to the need to expand the city's water production and distribution system. Such users resulting in new 553 connections or increased demand should contribute capital to be used for the expansion of the city's water production 554 and distribution system. The city's engineers have determined that the calculation methods and procedures utilized to 555 determine wastewater collection impact fees as provided in the most recent impact fee ordinance adopted by Kent 556 County Levy Court will be used to establish water impact fees based on the number of EDUs. A copy of this ordinance is 557 on file with the city. A comprehensive study of the city's water production and distribution system was completed and a 558 master plan developed for the orderly expansion of the city's water production and distribution system (Whitman, 559 Requardt and Associates, "City of Dover, Delaware, Water System Master Plan," January 2006). It is in the best interest 560 of the city and users of the city's production and distribution system to establish an impact fee. A study of the city's 561 production and distribution system will be conducted as needed and the master plan updated accordingly, but not more 562 frequently than every five years. 563 (b) Payment. Every additional user to be connected to, or additional demand to be place upon, the city's water system, 564 whether within the city's boundaries or outside the city's boundaries, and receiving service through contract directly 565 with the city, shall pay an impact fee based on the amount of EDUs to be generated by such use. Commercial users, at 566 the time of plan submittal, must submit their proposed fixture unit schedule for the construction. The purpose of the 567 impact fee and the standard by which its amount is determined is as a contribution of capital toward the expansion of 568 the city's water system. The impact fee shall be adjusted from time to time to reflect changing costs and it shall be in 569 addition to all other charges and assessments made in connection with the furnishing of water service. The amount of 570 the water impact fee shall be as adopted by the city council, and such amount shall be kept in a separate, interest‐ 571 earning expansion account and shall be used only for costs associated with the expansion of the city's water system. This 572 impact fee shall be in addition to any assessment, tapping fee or other costs associated with providing service. Impact 573 fees are to be paid by all developers or owners of newly constructed structures or enlarged/improved existing structures

574 requiring water service prior to the issuance of a certificate of occupancy. The city reserves the right to bar occupancy of 575 such structure and withhold water service until such time as the aforementioned fee is paid in full. 576 (c) Fee and applicability. 577 (1) The impact fee shall be $700.00 beginning on February 1, 2008, for every additional user or additional demand to be 578 placed on the system where both the applicable building permit and certificate of occupancy is issued on or after 579 February 1, 2008. Additional users or additional demands issued an applicable building permit before February 1, 2008, 580 shall not pay the fee. A sales contract executed prior to February 1, 2008, for the sale of the applicable property to a 581 buyer who is independent of the seller may be submitted to the city manager for consideration in lieu of a building 582 permit issued before February 1, 2008. 583 (2) The impact fee shall be $1,400.00 beginning on February 1, 2009, for every additional user or additional demand to 584 be placed on the system where a certificate of occupancy is issued after February 1, 2009. 585 (3) The impact fee shall be $2,100 beginning on February 1, 2010, for every additional users or additional demand to be 586 placed on the system where a certificate of occupancy is issued after February 1, 2010. 587 (4) The impact fee shall be adjusted from time to time to reflect changing costs as a result of study of the city's water 588 system that will be conducted as needed, but not more frequently than every five years. 589 (d) EDU credit. Any connection to the city's water system will be credited with any EDUs existing on the property. As an 590 example, if a house with an EDU is demolished and a structure with 50 EDUs is put in its place, the owner shall pay a 591 water impact fee based on 49 EDUs. No EDUs shall be transferred from one property to another property, whether or 592 not such properties are owned by the same person, without the approval of the city council. 593 (e) Deferred charge. All applicants for service, which have been served by private water sources, shall be subject to a 594 deferred impact fee charge. Payment of the deferred impact fee charge shall not be required until such time as 595 connection is made directly to the city's water system. The amount of the charge shall be based on the prevailing impact 596 fee at the time of connection. This fee shall be in addition to any assessment, tapping fee or other costs associated with 597 providing service. 598 (Ord. of 1‐28‐2008(2)) 599 600 601 Secs. 110‐209‐‐110‐230. Reserved. 602 603 604 ARTICLE IV. SANITARY SEWER SERVICE* 605 __________ 606 *Charter references: Sewer systems, subpart A, § 26. 607 __________ 608 609 DIVISION 1. GENERALLY 610 611 Sec. 110‐231. Definitions. 612 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this 613 section, except where the context clearly indicates a different meaning: 614 Customer means any person supplied with wastewater service by the city. 615 Drain means any pipe which carries water or waterborne sewage in a drainage system. 616 Dwelling means any single or multiple residence or apartment, including those located over business or commercial 617 establishments. Such term shall not include any hotel, motel or rooming house. 618 Lateral means a sanitary sewer line connected to the sanitary sewer main for the purposes of serving a customer. 619 Plant and system mean any machinery or parts thereof, conduits, reservoirs, gauges and buildings and the attachments 620 thereto, wherein that machinery or parts, conduits, reservoirs or gauges are kept or stored, which are used for or as part 621 of the process of sewage disposal.

622 Private sanitary sewer means any sanitary sewer not owned by the city. 623 Public sanitary sewer means any sanitary sewer owned by the city. 624 Sanitary sewer means any system that carries only sewage and liquid industrial and other polluted wastes and from 625 which stormwater, surface water and groundwater is excluded. a pipe or conduit for carrying sewage and wastewater 626 to which stormwater, surface water and groundwater are not intentionally admitted. 627 Sewage means any combination of liquid or waterborne and water‐carried wastes originating in buildings. 628 Sewer means a sanitary sewer or storm sewer. 629 Sewer main means any sewer line, other than a sewer lateral, including but not limited to sewer lines commonly called 630 "interceptors" and "feeders." 631 Storm sewer means any system used for conveying rain water, surface water, condensate, cooling water or similar liquid 632 wastes, exclusive of sewage. 633 Wastewater means the liquid and water‐carried industrial or domestic wastes, whether treated or untreated, from 634 dwellings, commercial buildings, industrial facilities and institutions, together with any stormwater, surface water 635 and groundwater that may be present though not intentionally admitted, which is contributed into or permitted to 636 enter the sanitary sewer. 637 Wastewater system and sanitary sewer system shall be interchangeable for the purposes of this code. 638 (Code 1968, § 27‐1; Code 1981, § 22‐127) 639 640 Sec. 110‐232. Sewer Wastewater department created. 641 There is hereby created a sewer wastewater department. 642 (Code 1968, § 2‐78; Code 1981, § 22‐126) 643 644 645 646 Sec. 110‐233. Separate sewer facilities required for each salable dwelling unit. 647 Each dwelling which is capable of being offered for sale shall have its own separate sewer facilities. 648 (Code 1968, § 27‐4; Code 1981, § 22‐128) 649 Charter references: Power of council to require property to be connected to sewer mains, subpart A, § 26. 650 651 Sec. 110‐233. Wastewater handbook incorporated by reference. 652 The City of Dover Municipal Wastewater Department's Wastewater Handbook is hereby incorporated by reference 653 into the laws of the city. A copy of the aforesaid handbook shall be filed in the city clerk's office and available to the 654 public for inspection. 655 656 Sec. 110‐234. Connections. 657 (a) It shall be unlawful for any person to tap or to have tapped any public sewer without a permit from the city 658 manager. 659 (b) It shall be unlawful for any person other than the city to tap any public sewer. The city shall tap the sewer as 660 described in the permit, and the permittee shall pay the fees and charges based upon unit prices as the city incurs. 661 (Code 1968, §§ 27‐12, 27‐13; Code 1981, § 22‐129) 662 663 Sec. 110‐235. Sewer lateral repairs. 664 (a) The city shall in no event be responsible for the repair of any portion of a sewer lateral on private property. 665 (b) Repair of that portion of a sewer lateral in the public right‐of‐way is the responsibility of the city. 666 (Code 1968, § 27‐5; Code 1981, § 22‐130; Ord. of 9‐24‐1984) 667 668 Sec. 110‐236. Public sewer construction.

669 Public sewers shall be constructed according to city construction specifications, three copies of which shall be on file in 670 the city clerk's office. 671 (Code 1968, § 27‐11; Code 1981, § 22‐131) 672 673 Sec. 110‐237. Prohibited discharges into system. 674 (a) Injurious substances. It shall be unlawful for any person or group of persons to throw, place, or deposit, or attempt 675 to throw, place or deposit, or cause to be thrown, placed or deposited, any article, object or substance in any of the 676 sewers or into any of the inlets into the sewers of the city, or into any of the streets, lanes, alleys, or gutters of the 677 streets in the city from which such article, object, or substance would be likely to enter into or run into the sewers of the 678 city, which object, or substance would injure in any manner said sewer system or sewage disposal plant into which such 679 sewers empty. 680 (b) Definition. Wherever the term "plant" or "system" is used, such term shall be taken to include, in addition to any 681 other meaning herein indicated, any machinery or parts thereof, conduits, reservoirs, gauges, and building or buildings 682 and the attachments thereto wherein any such machinery or parts thereof, conduits, reservoirs, or gauges are kept or 683 stored. 684 (c) Tar, petroleum, etc. It shall be unlawful to pour, drain or run into the sewers of the city, by any method whatsoever, 685 any tar or tar product, or petroleum or petroleum product, or any inflammable substance or material. 686 (d) Protection of equipment. It shall be unlawful to pour or drain into or permit the drainage into any of the sewers or 687 sewer system of the city any substance or chemical which would damage the machinery or equipment, or hinder the 688 proper functioning of the sewer system or of the disposal plant, owned and operated by the city. 689 690 (e) Garbage, offal, etc. It shall be unlawful to deposit or throw, or cause to be deposited or thrown into any receptacle 691 connected with a public or private sewer of the city, any garbage, ashes, cinders, rags, offal from any stable, 692 slaughterhouse, stock house, cannery, canning factory or any other building or establishment of any kind whatsoever or 693 to discharge or permit to be discharged into any private or public sewer within the city, anything that will injure such 694 sewer or will obstruct the use and operation thereof. 695 (Code 1968, § 27‐6; Ord. of 10‐26‐1970; Code 1981, § 22‐132) 696 697 Sec. 110‐238234. Rates and charges. 698 (a) Copies on file. Three copies of the sewer wastewater use rates shall be on file in the city clerk's office. 699 (b) Sewer rent Wastewater Fees. All users of the public sewer wastewater system shall be liable for sewer rent 700 wastewater fees. Bills for sewer rental wastewater system usage shall be rendered in conjunction with bills for city 701 water service for those persons using both city water and public sewers wastewater systems. 702 (c) Water rules apply. Discounts, service charges, payment of service charges, discontinuance of service and penalties 703 applying to city water rates shall also apply to public sewer wastewater rates and service. 704 (Code 1968, §§ 27‐8‐‐27‐10; Code 1981, § 22‐133; Ord. of 4‐27‐1992) 705 706 Sec. 110‐239. Authority to enter and inspect private property. 707 The city manager and his authorized agents shall have the authority to enter upon any lands as may reasonably be 708 necessary to discharge their duties pursuant to this article. Pursuant to the entry, the city manager and his authorized 709 agents shall properly discharge their duties, which may include inspection, conveyance or removal of materials 710 necessary for construction upon the land or improvement or repair of any drain, gutter, sewer, manhole or natural 711 watercourse. 712 (Code 1968, § 27‐3; Code 1981, § 22‐134) 713 714 Sec. 110‐240. Violations.

715 (a) Notice. Whenever the city manager or the health inspector shall determine that a condition exists which violates 716 any portion of this article, the city manager or the health inspector shall notify the property owner or occupant of the 717 specific violation. 718 (b) Action by city. Unless the condition is remedied within ten days after notice is given, the city may cause the 719 condition to be remedied and assess the cost thereof against the property owner. 720 (c) Payment of cost. Any person violating any of the provisions of this article shall, upon conviction therefor, pay to the 721 city the cost of any of the repairs resulting from the violation and be subject to the penalty provided in section 1‐17. 722 (Code 1968, §§ 27‐17, 27‐18; Code 1981, § 22‐134) 723 724 Secs. 110‐241235‐‐110‐260. Reserved. 725 726 DIVISION 2. PRIVATE SEWAGE DISPOSAL SYSTEMS 727 728 Sec. 110‐261. Abandonment. 729 It shall be unlawful for any person to abandon any privy, privy well or vault, cess pool, septic system, drainage field, or 730 the like except in the manner approved by the health inspector State of Delaware Department of Natural Resources 731 and Environmental Control. Compliance with the abandonment procedure shall occur within 30 days after any notice to 732 abandon and in the manner in which it is to be accomplished. 733 (Code 1968, § 27‐14; Code 1981, § 22‐146) 734 735 736 Sec. 110‐262. Correction of unsanitary conditions. 737 It shall be unlawful and a nuisance for the owner or occupant of any property, after the expiration of three days' notice 738 given by the health inspector a city inspector based upon his inspection and declaration that the owner or occupant's 739 privy well, drain or vault cess pool, septic system, drainage field, or the like is overly full, is in an offensive and noisome 740 condition or is in a state of disrepair, to fail to clean and correct those conditions as are set out in the notice. Any cess 741 pool, septic system, drainage field, or the like that is determined to be in a state of disrepair must be addressed in 742 accordance with the State of Delaware Department of Natural Resources and Environmental Control. 743 (Code 1968, § 27‐15; Code 1981, § 22‐147) 744 745 Secs. 110‐263‐‐110‐280. Reserved. 746 747 DIVISION 3. WASTEWATER COLLECTION IMPACT FEES 748 749 Sec. 110‐281. Definitions. 750 The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this 751 section, except where the context clearly indicates a different meaning: 752 EDU(s) means equivalent dwelling unit(s). 753 GPD means gallons per day. 754 (Code 1981, § 22‐257(a)) 755 756 Sec. 110‐282. Establishment of equivalent dwelling units. 757 (a) Determination for residential dwellings. Whenever by ordinance or by contract the city imposes or assesses 758 wastewater collection and transmission charges or fees on the basis of EDUs, an EDU shall be determined as defined in 759 the most recent impact fee ordinance adopted by the Levy Court of the county. An EDU for a residential dwelling shall 760 be determined as follows: 761 (1) Houses, dwellings, mobile homes and apartments with one kitchen and one or more baths and bedrooms separate 762 from the kitchen . . . 1.0 EDU

763 (2) Efficiency unit or cottage having a living space in one room and having one bath . . . 1.0 EDU 764 (3) Dwelling with one kitchen and one or more baths and bedrooms separate from the kitchen and attached to other 765 dwellings or structures . . . 1.0 EDU 766 (b) Determination for nonresidential establishments. Whenever the city imposes or assesses wastewater collection and 767 transmission charges or fees on the basis of EDUs, the number of EDUs to be charged shall be determined using the 768 appropriate specific assessment as defined in the most recent impact fee ordinance adopted by the Levy Court of the 769 county. When users propose to discharge wastewater under circumstances other than the specific assessments defined 770 by the county, the city's impact fee shall be calculated by the city engineer based on flow in GPD. In such cases where 771 the impact fee is calculated by flow, each EDU shall be equal to 300 250 GPD. 772 (c) Minimum assignment. A minimum of one EDU will be assigned to each establishment connecting to the system. No 773 fractional parts of EDUs will be assigned. The number of EDUs shall be rounded up to the nearest whole number of 774 EDUs. 775 (d) No assignment. If an establishment does not have any physical facilities which have a load producing an effect on 776 the city's wastewater collection and transmission system, then the number of EDUs assigned to it shall be zero. 777 (e) Maximum assignment. The city shall in no case charge an impact fee based on more than 100 EDUs per certificate 778 of occupancy. 779 (Code 1981, § 22‐257(b)‐‐(f); Ord. of 6‐27‐1988; Ord. of 1‐25‐1993; Ord. of 10‐10‐1994; Ord. of 12‐17‐1996) 780 781 782 Sec. 110‐283. Wastewater collection and transmission impact fee established; payment, credits. 783 (a) Findings, etc. It is hereby determined that additional users to be connected to the city wastewater collection and 784 transmission system will cause a reduction in presently existing excess capacity and will eventually contribute to the 785 need to expand the city's wastewater collection and transmission system. Such additional users should contribute 786 capital to be used for the expansion of the city's wastewater collection and transmission system. The city's engineers 787 have determined that the calculation methods and procedures in the most recent impact fee ordinance adopted by the 788 Levy Court of the county will be used to establish wastewater collection and transmission impact fees for additional 789 users based on the number of EDUs. A copy of this ordinance is on file with the city. A comprehensive study of the city's 790 wastewater collection and transmission system was completed and a master plan developed for the orderly expansion 791 of the city's wastewater collection and transmission system (Whitman, Requardt and Associates, "City of Dover, 792 Delaware, Wastewater System Master Plan," July 1987). It is in the best interest of the city and users of the city's 793 wastewater collection system to establish an impact fee. A study of the city's wastewater collection and transmission 794 system will be conducted as needed and the master plan updated accordingly, but not more frequently than every five 795 years. 796 (b) Payment. Every additional user to be connected to the city's wastewater collection and transmission system, 797 whether within the city's boundaries or outside the city's boundaries, and receiving service through contract directly 798 with the city, shall pay an impact fee based on the amount of EDUs to be generated by such use. Commercial users, at 799 the time of plan submittal, must submit their proposed fixture unit schedule for the construction. The purpose of the 800 impact fee and the standard by which its amount is determined is as a contribution of capital toward the expansion of 801 the city's wastewater collection and transmission system. The impact fee shall be adjusted from time to time to reflect 802 changing costs and it shall be in addition to all other charges and assessments made in connection with the furnishing of 803 wastewater collection and transmission service. The amount of the wastewater collection and transmission impact fee 804 shall be as adopted by the city council, and such amount shall be kept in a separate, interest‐earning expansion account 805 and shall be used only for costs associated with the expansion of the city's wastewater collection and transmission 806 system. This impact fee shall be in addition to any assessment or tapping fee. 807 (c) EDU credit. Any connection to the city's wastewater collection and transmission system will be credited with any 808 EDUs existing on the property. As an example, if a house with an EDU is demolished and a structure with 50 EDUs is put 809 in its place, the owner shall pay a sewer impact fee based on 49 EDUs. No EDUs shall be transferred from one property 810 to another property, whether or not such properties are owned by the same person, without the approval of the city 811 council.

812 (d) Deferred charge. All applicants for service, which have been served by either private individual wastewater disposal 813 systems or private wastewater treatment plants, shall be subject to a deferred impact fee charge. Payment of the 814 deferred impact fee charge shall not be required until such time as connection is made directly to the city's wastewater 815 collection and transmission system. The amount of the charge shall be based on the prevailing impact fee at the time of 816 connection. This fee shall be in addition to any assessment to the tapping fee. 817 (Code 1981, § 22‐258; Ord. of 6‐27‐1988; Ord. of 12‐18‐1989; Ord. of 10‐10‐1994; Ord. of 12‐17‐1996) 818 819 APPENDIX F FEES AND FINES 820 821 Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of this 822 Code or any ordinance shall continue shall constitute a separate offense. Fines not paid within 14 days of the day the 823 fine was issued, including the day the fine was issued, shall be automatically doubled in amount. 824

Description Fees and Fines (in dollars) Chapter 110‐‐Utilities, Article III‐‐Water Service, Division 62‐‐Rates, Charges and Billing Procedures Sec. 110‐191 Water use fees generally Subsec. (b) Penalty………. A penalty of 1½ percent or $1.00, whichever is greater, per month shall be added to all water service fees which shall be in arrears for a period in excess of 30 days after the date of rendering the water service bill Sec. 110‐195192 Charge for discontinuing or restoring water service Subsec. (a) Maintenance and repair………. No charge for turning on or off any service for maintenance and repair purposes if done during normal working hours; $35.00 $50.00 for all service calls after normal working hours Subsec. (b) Nonpayment………. There will be a service charge of $35.00 $50.00 paid, together with all current and overdue charges, prior to turning on any service discontinued for nonpayment Chapter 110‐‐Utilities, Article III‐‐Water Service, Division 73‐‐Water Impact Fees 825 826 827 828 829 830