COUNCIL Minutes

REGULAR COUNCIL MEETING The Regular Council Meeting was held on July 12, 2010 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Bonar, Mrs. Russell, Mr. McGlumphy, Mr. Leary, Mr. McGiffin, Mrs. Williams, Mr. Salters, and Mr. Ruane. Council staff members present were Police Chief Hosfelt, Mrs. Teal, Mrs. Townshend, Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Carey was also present. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Hogan declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. Mr. Eshed Alston, 46 Arnold Court, presented a request to consider an ordinance related to public indecent exposure and an ordinance to honor American veterans (Exhibit #1) and submitted five (5) additional requests for consideration of ordinances for the City of Dover (Exhibit #2). The invocation was given by Chaplain Jake McCready, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. McGlumphy moved for approval of the agenda as presented, seconded by Mrs. Williams and unanimously carried. Mr. McGlumphy moved for approval of the consent agenda, seconded by Mr. Leary and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 28, 2010 The Minutes of the Regular Council Meeting of June 28, 2010 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. Leary and bore the written approval of Mayor Carey, with the exception of the following motion: adoption of the following 2010/2011 City of Dover Budget Ordinances - General Fund - Cash Receipts and Budget; Water/Wastewater Fund - Revenue and Budget; and Electric Revenue Fund - Revenue and Budget (see Agenda Items #5, #6, and #7 - Mayor Vetoes). PROCLAMATION - EMPLOYEE APPRECIATION DAY The City Clerk read the following Proclamation into the record: WHEREAS, for many years the City of Dover employees continued to work hard for the citizens in our community; and WHEREAS, all employees of the City of Dover strive daily to promote Community Excellence Through Quality Service; and WHEREAS, due to the teamwork and the commitment of our employees, the citizens of Dover

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 2 are able to enjoy a community where the employees take pride in their job performance and make it a place where people love to live, work and play; and WHEREAS, the City of Dover values its employees, recognizing that every member of the work force is a valuable asset to our team and the success of our city is due largely to the pride and efforts of its employees on a daily basis. NOW, THEREFORE, I, Carleton E. Carey, Sr., Mayor, of the City of Dover, Delaware do hereby proclaim Friday, July 23, 2010 EMPLOYEE APPRECIATION DAY in the City of Dover and recognize the dedication and hard work of all City of Dover employees, and request that all citizens take a moment to thank a City of Dover employee for their outstanding service to our community. RESCHEDULING OF PUBLIC HEARING/FINAL READING - REZONING A public hearing was duly advertised for this time and place to consider rezoning of property located at 217 and 223 McKee Road, consisting of 1.12+/- acres, owned by Mor-Kath-Ric, LLC. The property is currently zoned R-7 (One-family Residence) and subject to COZ-1 (Corridor Overlay Zone) and the proposed zoning is RM-1 (Medium Density Residence) and subject to COZ-1. (Ordinance #2010-16; Tax Parcels: ED05-067.15-02-02.00-000 and ED05-067.15-02-01.00-000; Planning Reference: Z-10-06; Council District: Fourth) Council President Hogan advised members that this item was tabled by the Planning Commission during their meeting of June 21, 2010. As a result, staff recommended that a Public Hearing/Final Reading before City Council be rescheduled for September 13, 2010. (The First Reading of Proposed Ordinance #2010-16 was accomplished during the Council Meeting of May 24, 2010.) Mr. McGiffin moved to reschedule the public hearing/final reading for September 13, 2010 at 7:30 p.m. for the rezoning of property located at 217 and 223 McKee Road, consisting of 1.12+/- acres, owned by Mor-Kath-Ric, LLC. The motion was seconded by Mr. Salters and unanimously carried. PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED ON SAULSBURY ROAD, SOUTH OF FORREST AVENUE, OWNED BY ROUTE 8 & SAULSBURY ROAD, LLC A public hearing was duly advertised for this time and place to consider rezoning of property located on Saulsbury Road, south of Forrest Avenue, LLC, consisting of 1.01+/- acres, owned by Route 8 & Saulsbury Road. The property is currently zoned CPO (Commercial/Professional Office) and subject to COZ-1 (Corridor Overlay Zone) and the proposed zoning is C-2A (Limited Central Commercial) and subject to COZ-1. Mrs. Williams moved that the final reading of the Proposed Rezoning Ordinance be acknowledged by title only, seconded by Mr. Bonar and unanimously carried. (The First Reading of Ordinance #2010-15 was accomplished during the Council Meeting of May 24, 2010.)

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 3 Planner's Review Mrs. Ann Townshend, Director of Planning and Community Development, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #3). The Planning Commission recommended approval of the request to change the zoning of the subject property from CPO (Commercial/Professional Office Zone) with COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial) with COZ-1 (Corridor Overlay Zone). Public Hearing Council President Hogan declared the hearing open. Mr. Phil McGinnis, 555 E. Loockerman Street, advised members that he is a part of the ownership group. In response to Mr. Ruane, Mr. McGinnis indicated that the entire parcel is approximately 2.3 acres and that there were several property lines eliminated to create one (1) large parcel which was split by the zoning line. Part of the property was originally Baker=s Exxon Station zoned as C2-A, and the zoning line was moved further south to accommodate the CVS Pharmacy development, leaving the remaining property zoned as CPO. He advised members that when the Comprehensive Plan was updated, the property was to be recommended for Neighborhood Commercial; however, this parcel was not rezoned as such when the final Comprehensive Plan was approved. With regards to concerns of Mr. Salters, Mr. McGinnis stated that a drainage ditch is located along the property line and that a part of the drainage will be included in the site plan. In response to Mrs. Russell, Mr. McGinnis assured members that traffic will be traveling only north or south from the property, not east or west. For clarification, Mrs. Townshend indicated that the parcel proposed for rezoning is separate from the CVS parcel and that there was an actual lot line adjustment to accommodate the CVS. Responding, Mr. McGinnis stated his understanding that both properties were being treated as one (1) property. Although he was not sure of the specific use for the property at this time, Mr. McGinnis relayed confidence that its use will be retail, such as a pizza shop or dry cleaner. There being no one else wishing to speak, Council President Hogan declared the hearing closed. Mr. McGlumphy moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Salters and, by a unanimous roll call vote, Council adopted Ordinance 2010-15, 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 SAULSBURY ROAD SOUTH OF FORREST AVENUE

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-PO (Commercial/Professional Office Zone) and subject to COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-PO (Commercial/Professional Office Zone) and subject to COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone) on that property located on the east side of Saulsbury Road south of the intersection of Forrest Avenue/Forest Street, consisting of 1.01+/- acres, owned by Route 8 and Saulsbury Road, L.L.C. (Tax Parcel: ED-05-076.11-01-24.00-000; Planning Reference: Z-10-05). ADOPTED: JULY 12, 2010 PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 40- 60 RIDGELY STREET, OWNED BY ROBERT A. AND NANCY H. KAUFFMAN A public hearing was duly advertised for this time and place to consider rezoning of property located at 40-60 Ridgely Street, consisting of 2.0047+/- acres, owned by Robert A. and Nancy H. Kauffman. The property is currently zoned M (Manufacturing) and subject to COZ-1 (Corridor Overlay Zone) and the proposed zoning is C-3 (Service Commercial) and subject to COZ-1. Mrs. Williams moved that the final reading of the Proposed Rezoning Ordinance be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried. (The First Reading of Ordinance #2010-17 was accomplished during the Council Meeting of May 24, 2010.) Planner's Review Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #4). The Planning Commission unanimously recommended approval of the request to change the zoning of the subject property from M (Manufacturing) with COZ-1 (Corridor Overlay Zone) to C-3 (Service Commercial) with COZ-1 (Corridor Overlay Zone). In accordance with the petition, Mr. Ruane noted that there are active code enforcement violations on the site and questioned if the "clean hands" legislation should have affected the

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 5 application. Responding, Mrs. Townshend stated that when there are situations where an application would help to correct code violations, staff typically does not reject such applications. It was staff=s opinion that the rezoning application would help to further redevelop the site and correct the existing code violations, which are essentially related to the former use of the site. She noted that, according to the application, there is no change in ownership. Although the "clean hands" ordinance was not considered regarding this application specifically, City Solicitor Rodriguez concurred with staff, explaining that there have been other applications of this nature, and he did not feel that the "clean hands" ordinance should affect the current rezoning application. Responding to Mr. Ruane, Mrs. Townshend stated that, although the rezoning would not correct the code violations, a new business license would not be issued, nor would another use be permitted to be established, until such time as these violations are corrected. She explained that the C-3 zoning classification will facilitate occupation of the property since all uses in the Manufacturing zoning classification are considered conditional use and require approval of the Planning Commission. With the C-3 zoning classification, an applicant could establish an operation through the administrative site plan process, which is less cumbersome. She assured members that any administrative site plan would require all code violations to be corrected before the property could be occupied and a new business license issued for the site. In response to Mr. Ruane, Mrs. Townshend concurred that properties zoned as Manufacturing are diminishing within the City and that one of the goals of the Comprehensive Plan is to promote manufacturing and economic development. However, she stated that the C-3 zoning classification functions as a light industrial zone and actually expands the uses that would be permitted in this area. In addition, she indicated that the C-3 zoning classification would expedite occupation since the Manufacturing zone is subject to conditional use approval, which is a fairly cumbersome process. With the C-3 zoning classification, unless there are changes to the site, the approval could be done administratively. The property could then be reoccupied with a light industrial use, which she felt was appropriate with the area and consistent with the Comprehensive Plan. Responding to Mr. Salters, Mrs. Townshend advised members that the owners have indicated that one of the challenges in obtaining interested tenants for the property was specifically due to any use having to be presented to the Planning Commission for approval. It was felt that the request for the C-3 zoning classification would make it easier to occupy the property without any substantial change in its use. Public Hearing Council President Hogan declared the hearing open. Mr. Phil McGinnis, 555 E. Loockerman Street, speaking on behalf of the owners, advised members that the property was purchased for storage/warehousing for Kauffman=s Furniture.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 6 When the furniture store was sold, the Kauffmans leased the building to a pallet business, who created code violations by storing pallets outside. He explained that this enterprise has since gone out of business. Mr. McGinnis advised members that there are two (2) buildings: a 15,000 foot building that would be appropriate for warehousing, but not manufacturing, and a 3,000 foot building in worse condition. Although the property is deteriorating, he stated that there is a tenant interested in the smaller building. When he contacted staff to inquire about the process involved for a new tenant, he was advised that the matter would require Planning Commission approval, noting that the Manufacturing zoning classification requires approval for every use. With regards to the code violations, Mr. McGinnis indicated that most of the violations were resolved after the pallet business left. He stated that the owners began making repairs to the fence, windows, etc., and he suggested that no further repairs be made until the results of the rezoning were obtained, explaining that further investment might not be economically prudent. He stated that the 15,000 foot building is scheduled to be presented to potential clients for use and assured members that the code violations would be resolved. There being no one else wishing to speak, Council President Hogan declared the hearing closed. Mr. Leary moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Salters and, by a roll call vote of eight (8) yes and one (1) no (Mr. Ruane), Council adopted Ordinance #2010-17, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 40-60 RIDGELY STREET WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from M (Manufacturing Zone) and subject to COZ-1 (Corridor Overlay Zone) to C-3 (Service Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from M (Manufacturing Zone) and subject to COZ-1 (Corridor Overlay Zone) to C-3 (Service Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone) on that property located at 40- 60 Ridgely Street (on the west side of Ridgely Street at the intersection with Fulton Street), consisting of 2.0047+/- acres, owned by Robert A. and Nancy H. Kauffman.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 7 (Tax Parcel: ED-05-076.08-01-26.01-000; Planning Reference Z-10-07) ADOPTED: JULY 12, 2010 MAYOR CARLETON E. CAREY, SR. VETO - MOTION ADOPTED BY CITY COUNCIL ON JUNE 28, 2010 - ADOPTION OF FISCAL YEAR 2010/2011 GENERAL FUND - CASH RECEIPTS AND BUDGET ORDINANCE; ADOPTION OF FISCAL YEAR 2010/2011 WATER/WASTEWATER FUND - REVENUE AND BUDGET ORDINANCE; ADOPTION OF FISCAL YEAR 2010/2011 ELECTRIC REVENUE FUND - REVENUE AND BUDGET ORDINANCE Pursuant to Section 10 of the City of Dover Charter, the City Clerk advised members that Mayor Carleton E. Carey, Sr., has vetoed the motions adopted by City Council on June 28, 2010, as follows: adoption of Fiscal Year 2010/2011 General Fund - Cash Receipts and Budget Ordinance; adoption of Fiscal Year 2010/2011 Water/Wastewater Fund - Revenue and Budget Ordinance; adoption of Fiscal Year 2010/2011 Electric Revenue Fund - Revenue and Budget Ordinance. Council President Hogan noted that, in addition to the veto, Mayor Carey submitted a letter requesting the removal of additional items for the Mayor=s Office and other departmental budgets, which was provided to members. He also noted the receipt of correspondence from various residents regarding this issue and requested that they be considered a part of the record (Exhibit #5). Mrs. Williams moved that no expenditures be made in the 2011 budget that are not covered by revenues found in the 2010 budget or brought in in the 2011 Fiscal Year, whichever is lower. She explained that the intent of the motion was to request that Council live within its means and not incur any more debt or raise revenues through tax increases, fees, or rate hikes. The motion was seconded by Mr. McGlumphy. Mr. McGiffin felt that the Mayor=s suggestions addressed most of the comments that were made by residents and that the Mayor=s proposal was an appropriate response. As a result, he indicated that he would not support the motion but would support a proposal that would make the adjustments recommended by Mayor Carey. Mrs. Williams referred to the salary changes for the State of Delaware and municipalities that she provided members via email (Exhibit #6). She noted that there was a negative 5% change for New Castle County, no salary increases for Wilmington and Kent County, and that the State of Delaware reinstated the 2.5% taken away last year, which results in a net of zero. She stated that, with the City=s current budget, there would be 7.5% raises provided to employees (3% last year, 3.5% this year, and 1% through performance evaluations). She felt it was evident that other municipalities were holding to their current revenues and had not considered any pay increases.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 8 Disagreeing with Mr. McGiffin, Mr. McGlumphy stated that the Mayor=s proposal did not come close to resolving the issues and concerns relayed by residents. He also questioned the amount of the total budget. Mr. Ruane questioned if the motion would, in effect, return the City to last year=s budget, which would eliminate the proposed electric rate decrease; prevent the purchase of police cars, a trash truck, a street dump truck, and additional apparatus for the Fire Department; eliminate major capital projects; and prevent the City from addressing Inflow and Infiltration (I&I) and brown water problems and meeting the state mandate of recycling, etc. He stated that he could not support the continuation of last year=s budget without addressing these and other essential items. Mrs. Williams explained that, should the City Manager and budget team wish to include items in the budget, the motion would only prohibit spending more than what is brought in and, if the funds are available, purchases could be made and projects accomplished. She stated that the motion simply indicates that the City will not incur more debt, will not raise taxes, will not raise appraisal values of houses, and will not impose extra fees during these economic times. She assured members that the "creativity" remains for the budget team. Relaying concern, Mr. Ruane reminded members that the City recently spent $800,000 for the appraisal of property and that, if the appraisal values are not adjusted, there would be continued inequities in the current appraisal system. It was his feeling that this action would be inequitable and unfair to property owners. Mr. McGlumphy noted that, over the past several years, the City has continuously deferred projects and suggested that members recognize what can and cannot be done. Referring to the motion, Mr. DePrima requested clarification from the City Solicitor. He felt that the motion could have been a guideline provided to staff to be used in the development of the budget. He stated that the motion was vague, broad, and did not amend the actual numbers that constitute the budget. Mr. Bonar called for a point of order, explaining his feeling that it was not the City Manager=s responsibility to interpret a motion made by Council. At the request of Council President Hogan, City Solicitor Rodriguez indicated that the motion should be "worked through" and deferred to the Controller/Treasurer to determine if it is workable. Mr. Ruane reminded members that the City Charter requires a balanced budget and that the City Manager would not be given authority to spend beyond monies collected. It was his opinion that the intent of the motion was to take away rate and property tax increases and had nothing to do with staying within a budget. If members eliminate the water rate change, Mr. Ruane stated that the City=s bond indebtedness and credit rating would be jeopardized. He stated that these issues

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 9 were previously discussed at length and suggested that members move forward with a decision. Mr. Salters advised members of the difficulty in reconciling the comments that were made by members and felt that the issue could take additional time to resolve. He relayed concern with the ability to reconcile the contracts that the City has already agreed to pay if funds are not made available. Council President Hogan reminded members that the Mayor=s veto was related to the budget ordinances only and that the Mayor did not veto the tax rate increase or other ordinances adopted at that same time. On a call for the question by Mr. Salters, the motion that no expenditures be made in the 2011 budget that are not covered by revenues found in the 2010 budget or brought in in the 2011 Fiscal Year, whichever is lower, failed by a roll call of five (5) no and four (4) yes (Mr. Bonar, Mr. McGlumphy, Mr. Leary, and Mrs. Williams). Mr. Ruane moved to amend the General Fund, Water/Wastewater Fund, and Electric Fund Budgets by making those adjustments by line item that were identified in the Mayor=s veto letter to President Hogan dated July 7, 2010. The motion was seconded by Mr. McGiffin. Mr. McGlumphy clarified that his concurrence with the motion would not indicate his approval of the passage of the budget, but would simply indicate his agreement with removal of $86,000 from the budget. Responding to Mr. Leary, Council President Hogan indicated that a separate motion would be required to vote on the budget, as amended. The motion to amend the General Fund, Water/Wastewater Fund, and Electric Fund Budgets by making those adjustments by line item that were identified in the Mayor's veto letter to President Hogan dated July 7, 2010 (Exhibit #7) was carried by a unanimous roll call vote. Mr. McGiffin moved for approval of Ordinance #2010-19 - 2010/11 City of Dover Budget (General Fund - Cash Receipts and Budget), Water/Wastewater Fund - Revenue and Budget, and Electric Revenue Fund - Revenue and Budget), as amended (Exhibit #8). The motion was seconded by Mr. Ruane and carried by a roll call vote of five (5) yes and four (4) no (Mr. Bonar, Mr. McGlumphy, Mr. Leary, and Mrs. Williams). UTILITY COMMITTEE REPORT - JUNE 28, 2010 The Utility Committee met on June 28, 2010 with Chairman Ruane presiding. Request for Alley and Street Abandonments - 100 Block of North Governors Avenue Alley West, the Southern Portion of the 200 Block of North Governors Avenue Alley East, a

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 10 Portion of the Unit Block of North Bradford Street, the Unit Block of Fulton Street, a Portion of the Unit Block of Cecil Street, a Portion of the 200 Block of North Bradford Street, and the Northern Portion of the Unit Block of North State Street Alley West - Wesley College During their meeting of May 24, 2010, the Committee considered a request from Wesley College that the City abandon portions of streets and alleys in the vicinity of Wesley College, as follows: Area #1 - Alley between North Governors Avenue and North New Street from Cecil Street to Fulton Street; Area #2 - Portion of alley between North Bradford Street and North Governors Avenue, north of Cecil Street; Area #3 - North Bradford Street between W. Division and Fulton Streets (portions only); Area #4 - Fulton Street between North Governors Avenue and North State Street; Area #5 - Cecil Street between North Governors Avenue and North State (portion only); Area #6 - North Bradford Street between Cecil and Mary Streets (portions only); Area #7 - Portion of alley between North State Street and North Bradford Street, south of Fulton Street and north of W. Division Street. At that time, the Committee recommended that the request be postponed to allow Planning staff to notify all property owners within 200= and that the item be reconsidered by the Committee during this meeting. Mr. Ruane noted that there were several individuals who requested the opportunity to address members regarding this matter and, due to time constraints, requested that speakers be brief in their presentations and that one (1) speaker represent groups to avoid repetition when possible. Mr. Ruane also acknowledged receipt of correspondence submitted in regards to this issue (attachment to Committee minutes). Clerk=s Office Note: Following this meeting, staff provided members with correspondence from Mr. Paul Janiga (attachment to Committee minutes). Mrs. Ann Marie Townshend, Director of Planning and Community Development, reiterated that the request was being made in anticipation of implementation of the Wesley College Master Plan for creating a more pedestrian-oriented campus. She stated that the subject property consists of public streets owned and maintained by the City of Dover and that portions of rights-of-way requested for abandonment are adjacent on both sides to other properties owned by Wesley College. Mrs. Townshend explained that Fulton and Cecil Streets (Areas #4 and #5) connect North State Street with North Governors Avenue and are conduits for through traffic between the two (2) roads and that the two (2) segments of North Bradford Street (Areas #3 and #6) end at the college. She noted that several alley segments are also proposed to be vacated. Members were provided a diagram depicting the location of each of the areas. Mrs. Townshend indicated that the Planning staff supports Wesley College=s vision of a pedestrian-oriented campus and, should the long-term abandonment of the subject streets help

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 11 accomplish this objective, staff supports the conceptual request. However, she stated that staff recommends that such approval be conditioned on abandonment coinciding with future site plan approval. Because these are public streets which are part of the downtown grid system, Mrs. Townshend stated that staff believes that Wesley and the City should implement a phased abandonment and consider the testimony presented by the public on this matter. Mrs. Townshend noted that the Planning Commission recommended approval of the street and alley abandonment, as requested by Wesley College; however, she advised members that the Planning Commission=s motion did not reference the conditions recommended by Planning staff and requested that these conditions be addressed by the Utility Committee. Referring to the first condition, Mrs. Townshend indicated that the City Manager has recommended that the abandonment be linked to the completion of the implementation of the Wesley College site plan. She stated that the intent was to ensure that the City maintains ownership of the subject streets and alleys until they are altered in accordance with the site plan. Mrs. Townshend explained that the recommended conditions are as follows: 1) Abandonment should be timed so that the City maintains ownership and maintenance of the subject streets and alleys until site improvements involving those areas are made, in accordance with a site plan approved by the Planning Commission.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 12 2) All public electric, water, wastewater, and storm sewer infrastructure must be located within permanent utility easements, in accordance with the recommendations set forth in the Public Utilities comments from the Development Advisory Committee (DAC) report dated April 1, 2010 (previously provided to members). Based on conversations she had late this afternoon with Mr. Gregg Moore, Becker Morgan Group, and after reviewing correspondence from Capital School District, Mrs. Townshend stated that staff would also recommend that, if approved, there be a requirement that public access easements be maintained, essentially in the areas of Fulton and Cecil Streets, in order to ensure (long-term) that the area would remain open for pedestrians traversing from one side of the campus to the other. Mrs. Townshend advised members that the applicant conducted community outreach following the May 24, 2010 Committee meeting. She indicated that she, Councilmen Bonar and McGiffin, and Dr. William Johnston, President of Wesley College, attended a community meeting of the Neighborhood Link Group (North State Street Neighborhood Association). She indicated that Wesley College also held a meeting on June 16, 2010 with neighbors. She assured members that staff mailed notices to all property owners within 200= of the proposed abandonments, as instructed. Mr. Bonar advised members that, in addition to attending the community meeting, he met with Dr. Johnston and Mr. Gregg Moore, Becker Morgan Group, to learn about the project, since he was just recently elected and wanted to be well informed regarding the issue in order to be prepared to make a decision. Mr. McGiffin acknowledged that he attended a meeting held at the home of Sara and Bob Herbert, 223 North Bradford Street, during which Dr. Johnston presented the plan proposed by Wesley College and entertained comments from attendees, as well as a similar meeting held at the State Street Assisted Living Facility. Mr. Gregg Moore, representing Wesley College, advised members that there have been no changes to the plan previously presented to the Committee. He stated that the proposal would allow Wesley College to initiate the work needed to effect the Master Plan. He again briefed members on the request and the plan to create a walking campus for Wesley College (details, including maps, were provided to members). With regards to the meeting held by Wesley College on June 16th, Mr. Moore stated that approximately 40 people attended and that a very clear presentation of the plan was presented. He indicated that there were a few individuals who indicated opposition to the proposal; however, the majority of the attendees were supportive of the proposal and many concerns were resolved. He mentioned a few key points that pleased the attendees, as follows: 1) neighborhood children will be able to ride or walk in the pedestrian ways where Fulton and Cecil Streets are currently located; Wesley invites the public to walk through the area; and the Capital School District was assured that transit of students (as well as

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 13 the public) from the east and west through the campus will be allowed; 2) Wesley will not change any roadways until a plan is presented to the City and approved by the Planning Commission that documents an increase in the number of parking spaces available to compensate for lost on-street parking, (although he noted that several on-street parking areas will remain); 3) through traffic will be eliminated, which will improve safety for students and pedestrians, including children who walk to/from Central Middle School; and 4) Wesley is committed to provide public access easements through the walkways. Responding to Mr. Ruane, Mr. Moore indicated that the applicant agreed with all comments made by the DAC and acknowledged previous testimony confirming that there would be no changes to area parking until the proposed plan is approved. In addition, he stated that Wesley College is committed to making the changes in phases to minimize the impact on neighbors, which was included in the DAC comments. He assured members that Wesley College has fully accepted the DAC comments, will abide by them, and understands the record. Mrs. Sara Herbert, 223 North Bradford Street, read the letter she and Mr. Bob Herbert submitted into the record (attachment to committee minutes). Mr. Michael Maciarello, 11 Cecil Street, advised members that, based on the record, there have been no pedestrian accidents involving a vehicle for seven (7) years and felt that the safety issue was created by Wesley College turning portions of Bradford Street into a one-way street. It was his feeling that if there were stop signs on Cecil or Fulton Streets between State Street and Governors Avenue, all of the safety (or perceived safety) issues would be corrected. Mr. Maciarello relayed his opposition to the proposed plan on five (5) points. He noted that there has been no active engagement with the community at-large, explaining that all contact has been only with those immediately adjacent to the streets proposed for abandonment. He noted that this is a large project and that introducing it in small phases presents a misconception of the scale of the project. With regards to the request for the streets to be closed to provide for a more "walkable" campus, Mr. Maciarello indicated that walkable and walkability are relative terms of distance. He stated that there are safety concerns for college students crossing Fulton and Cecil Streets, yet no type of action is being taken regarding middle school children crossing Governors Avenue and State Street. He also relayed objections to the phased implementation of this project, explaining that, as a resident of the community, he does not wish to have constant construction occurring for several years. Referring to the comparisons made with Delaware State University, University of Delaware, Yale, Old Dominion University, etc., he stated that Wesley College is much smaller and that the College is not being compared to an effective model. Lastly, he stated that during all the meetings he has attended, there have been calls for compromise from members of the community with Wesley College. He indicated that he would support a compromise; however, he stated that, according to the architects, there is no compromise available with regards to the street closures. It was his feeling that Cecil Street should remain open and he relayed his opposition to the street closure aspect of the project. Mr. John Grady, 424 North Bradford Street (has an office at 6 North Bradford Street), advised

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 14 members that traffic in the area is horrendous in the mornings and evenings due to the location of Campus Community School and that moving the school would resolve this traffic problem. Since this section of Bradford Street has been changed to only one-way traffic, he questioned how people will be able to leave his office. It was his feeling that parking is a concern (particularly for the residents of South Bradford Street) due to most college students having vehicles, and stated a need for additional parking. In response to Mr. Bonar, Mr. Grady indicated his support of the request made by Wesley College. Mr. Bill Goodrich, owner of 227 and 229 North Bradford Street, indicated no objections to the request as long as the cul-de-sac can accommodate tractor-trailers entering and exiting. He read the letter he submitted by W.D. Goodrich (attachment to Committee minutes). Mr. Ruane reminded those in attendance that the Committee is not considering a Site Plan, that ingress and egress issues will be considered by the Planning Commission, and that there will be a public hearing to allow public testimony at that time. Mrs. Cheryl Jones, 230 North Bradford Street, relayed support of the proposal submitted by Wesley College. It was her feeling that the proposal would address safety issues for Wesley College students, Central Middle School students, and the surrounding community. She felt that Wesley College was beginning to create a campus that would encourage a sense of identity for its students, which will benefit the surrounding community. She stated that, during the past couple of years, Wesley College has shown real consideration for the surrounding residents and felt assured that any concerns would be considered and respectfully resolved. Mr. Kirk Johnson, 39 North American Avenue, stated concern that the proposal was presented first as a safety issue, then as a perceived safety issue, explaining that these are two (2) different issues. He noted that there are real safety issues off campus, explaining that once Central Middle School students pass through the campus, it is not private property, and he questioned who would assume liability for injury to a student. He also relayed concern with Central Middle School students utilizing the campus in the midst of much older college students as they pass through going to and from school during early morning and late afternoon hours, which may be dark during the winter months. He stated another concern regarding traffic, noting that, based on a study previously conducted by the City, the surrounding streets were at 70%-80% capacity (noting that the study was conducted when Wesley College was not in session). By adding students, he felt that these streets would be utilized above capacity. He advised members of the difficulty he currently has in finding available parking and that, on many occasions, he is made to park three (3) blocks away from his residence. Mr. Johnson stated that it is difficult to understand how Wesley College will improve the parking situation by keeping it exactly the same, except they will be moving the traffic that passes through Cecil and Fulton Streets off campus. He advised members that there is a concern with school buses having to make left turns across traffic or onto Governors Avenue, State Street, and Division Street. He stated that school buses and transport vans will be required to make those maneuvers, as opposed to the pass through that they currently make, which creates a real safety concern. Mr. Martin Anderson, 200 North State Street, relayed safety concerns with closing off Cecil Street, explaining that there could be a delay in response to his residence from paramedics and

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 15 the fire company. He expressed another objection related to parking, explaining the difficulty in obtaining parking near his residence, and stated that it has been necessary to park two (2) to three (3) blocks from his house. He advised members that, due to this difficulty, he began parking in his back yard; however, subsequently, he received a notice from the City stating that this was not permitted. He felt that if Cecil Street were closed, as proposed, the alleyway between North Bradford and State Streets will be used by the college students as a "raceway". Mr. Wayne Holden, 333 Pennsylvania Avenue, referred to the concerns relayed regarding Central Middle School students utilizing Wesley College to pass through and reminded members that this is already occurring. He felt that closing off the streets would improve their safety. Referring to the increase in crime that has occurred in the area surrounding Wesley College, he felt assured that the abandonment of the streets surrounding the campus to automobiles would make it a safer campus. Mr. Holden indicated that the City should have considered these abandonments several years ago and expressed his support for the alley and street abandonments. Mrs. Nancy Gardner, 213 North State Street, thanked everyone, including Dr. Johnston, for the immediate response to her invitation to speak to the neighborhood group. She stated that unless the project is done in a very phased and careful manner, the immediate neighborhood beyond Wesley College stands to lose in a dramatic way. It was her feeling that there is a need to close Bradford Street, either in whole or in part, and that major changes are necessary to Cecil Street. She indicated that there is no parking lot proposed that would accommodate the 100 parking spaces that would be lost resulting from the proposed project. Mrs. Gardner felt that the proposed closures would result in additional traffic utilizing the nearby alleyways, which would result in the making of a street. It was her hope that consideration would be given to making the streets one-way rather than closing them. Mrs. Gardner advised members that she resides between two (2) apartment houses, one (1) of which consists of six (6) units with no requirement for parking. She urged members to separate parts of the project and keep in mind that, well beyond the immediate Wesley College neighborhood, there are many kinds of people who are very desirous of remaining "good" neighbors of Wesley College. Mr. James Overton, Chief of Police for Delaware State University, advised members that anytime there is a reduction in the mixture of pedestrians and vehicles, the results are positive. In addition, he stated that the elimination and reduction of vehicles has been proven to increase safety, since a person with criminal intent is less likely to commit a crime if their vehicle is not readily available for "getaway". Mr. Gary Patterson, representing the Downtown Dover Partnership, relayed support of the proposed request of Wesley College and their efforts to immigrate into the downtown community. Mr. Dick Cathcart, Associate Vice-President for University Operations at Delaware State University, indicated his support for the project and gave a brief overview of the actions taken at Delaware State University over the last 10-12 years. As previously mentioned, he reiterated that

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 16 vehicles and students do not mix well and assured members that, although there may not have been an incident, there is a public safety issue to consider with this request. He advised members that the trend across the nation in higher education is to convert campuses that are mixed with streets to walking campuses for the purpose of addressing safety concerns. Ms. Mary-Alice Ozechoski, Dean of Students at Wesley College, advised members there were 1,000 students on both the north and south sides of the campus this past fall, which was the largest freshman class for Wesley College. This equated to 500 students walking to and from the center of the campus; therefore, from her perspective, safety is an issue and will continue to be an issue. She expressed the College=s interest in retaining and keeping students on campus once they are enrolled. It was her feeling that a vibrant, green, recreational space where students can walk, feel safe, and see other students that they know creates the kind of community that Wesley College endeavors to provide as a small college. She stated that she supports the request both from a safety standpoint and also from a recruitment and retention standpoint. It was her belief that the healthier Wesley College is, the more help it can be to the Dover community. Mr. Tanner Polce, Student Government President at Wesley College, concurred with the comments made by Ms. Ozechoski and stated that Wesley College is on the breaking edge of a rebirth. He encouraged members to consider the safety issues involved, explaining that he represents 1,500 students, 1,000 of whom live on campus. He advised members that none of the students relayed opposition to the plan proposed by Wesley College and reminded members that these 1,500 students are the City=s citizens for 8-9 months of the year. Mr. Charles Salkin, 15 Maple Lane, stated that he has observed the Wesley College Campus becoming busier and more dynamic over the years. Unfortunately, he stated that, as the student population has grown, it has become dominated by cars. Mr. Salkin stated that the campus has become more of a parking lot and passage way for vehicles than for pedestrians and that the proposal would provide huge improvements, such as aesthetics, safety, efficiencies, cost savings to taxpayers (since the maintenance of the streets will be eliminated), public health benefits (with more people walking and being outside), compliance with the Americans with Disabilities Act, environmental benefits, etc. He felt that the proposed plan is essential to the long-term growth and success of Wesley College and that the College is essential to the long-term growth and success of the community. He indicated assurance that the property value of those properties in the surrounding area will increase, which will provide a financial benefit to both the property owners and the City of Dover. He commended Dr. Johnston and others of Wesley College and the community for submitting the proposal. Mr. Salkin stated his support and encouraged members to approve the request. Senator Brian Bushweller, 17th District, advised members that he represents the entire area affected by the project and relayed support for the proposal. It was his feeling that this project would be very good for the college and, as a result, would be beneficial for the City and Kent County. He reminded members that there are 400 employees who work at the Wesley College campus, $40M per year is provided to the local economy by Wesley College, and there are 50-60

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 17 artistic and cultural opportunities provided by the College. He stated that Wesley College is a very prominent institution of higher learning, a cultural center for the area, and an economic engine for the City. He noted that the proposal will help Wesley College and Dover to prosper into the future. Senator Bushweller referred to the previous concerns expressed by neighboring property owners and was impressed with the responses provided by the representatives of Wesley College in addressing these concerns and assuring that the parking and other inconveniences are minimized to the extent possible. He felt that the proposal would be good for Wesley College, as well as the City, and urged members to approve the request. Mr. Paul Olsen, 301 North State Street, indicated his support of the project and stated that, as an employee of Wesley College, he has walked the alley between State Street and Bradford Street for the past 29 years and has never seen cars racing up and down this alley. He advised members that his house is located one block from Wesley College and that he has rarely had parking issues, noting that parking is plentiful along North State Street. He suggested that members consider what is best for Dover and its future. Mrs. Yvonne Hall, 228 North State Street, stated concurrence with previous comments in support of the proposed request. Although there have been concerns with parking issues, it was her feeling that most could be resolved by providing handicapped parking or requiring the installation of parking pads on the properties that have alleyway access. She noted that there are apartments that have been "grandfathered" and suggested that the City require the owners to provide adequate off-street parking. It was her feeling that resolving the parking issue should not totally be the responsibility of Wesley College. Mr. Mike Drass, Football Coach and Athletic Director at Wesley College, relayed support of the project proposed by Wesley College. Not only would the proposed enhancements provide more "green" space, but it would also provide a true college campus "feel" for the campus and the community. He stated that this would help the overall recruitment of student athletes by providing an atmosphere that students and parents are seeking when visiting college campuses. Mr. Chad Robinson, student/adjunct faculty member of Wesley College, indicated support for the project proposed by Wesley College. Echoing comments made by Chief Overton of Delaware State University, he stated that the safety issue is not students= ability to cross streets, but rather the vehicle safety concerns and the ability of safety and security personnel to recognize who should or should not be on campus. It was his feeling that when vehicles are further away from potential criminals, it would be more difficult to commit certain crimes. He felt that the proposed project would give the college a "friendly" feel. He noted that the college is a driving force in the City, bringing economic development, and stated that approving the alley and street abandonments would be the first step in beginning the process of making the college a more vibrant part of the City. Fire Chief Sean Christiansen, Dover Fire Department - 103 South Governors Avenue, stated that the Fire Department is neither in favor nor opposed to the request. The Fire Department would

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 18 like for the closures to create uniform access on streets and alleys and not include cul-de-sacs, which would hamper responding units. Chief Christiansen noted that the Fire Department would like fire lanes to be maintained, similar to those at Delaware State University or the University of Delaware, and with appropriate access to fire department connections on all buildings and hydrants throughout the campus. Mr. Gerri Street, 39 Hazel Road, indicated his support for the request of Wesley College and concurrence with the previous positive comments made. He stated that as a member of the Downtown Dover Partnership (previously the Downtown Dover Development Corporation) for over 20 years, during the past 12 years, he has observed an outstanding addition as Wesley College "comes to the table" to be constructive and to be a part of the City, not just its own campus. In working with Dr. Johnston on many issues, he has been impressed with his genuine desire to find a "win-win" solution and to solve problems, and he stated that Dr. Johnston is reflective and reasonable. He felt confident that whatever issues there may be, Dr. Johnston has a sincere desire to resolve them reasonably and amicably. Dr. William Johnston, President of Wesley College, expressed his passion for the project, since it is the foundation for the future of the institution. He stated that the College has engaged a consultant who has worked with hundreds of colleges and has developed a master plan that he felt is viable and will help Wesley College grow. He advised members that Wesley College was established 137 years ago and assured members that they want to be a very good neighbor and, at the same time, he explained the importance of continuing to develop the campus, infrastructure, and future for the institution. He urged members to approve the request for alley and street abandonments so that Wesley College can begin the process for the campus master plan and improve the future of the College, which he felt would be beneficial for the entire area. Dr. Johnston advised members that there were many in attendance who support the project that did not speak and requested that those in favor of the request stand (several attendees stood). Mrs. Susan Yost, 11 Cecil Street, expressed her opposition to the request and concern that only those within 200= were invited to attend the meeting; however, she stated it appears that Wesley College had invited individuals from other areas. Noting that State Street and Governors Avenue are main streets in Dover, she stated that the closing of Fulton and Cecil Streets will eliminate two (2) important cross streets and will require traffic to travel quite a distance to get across town. She stated that the closures will affect Central Middle School students. She has observed speeders utilizing the Cecil Street alley and stated that the closures will create more traffic utilizing the alleyway, which is a one (1) lane roadway that allows for two (2) way traffic and is not designed to be utilized as a street. Mrs. Yost felt that the project proposed by Wesley College would be a huge change for the City. She suggested that Delaware State University not be compared to the request of Wesley College since they are located within the City of Dover and the request involves the closure of public streets. Mr. McGiffin requested responses to the concerns of Mr. Grady (regarding egress from his office) and Fire Chief Christiansen (regarding access for emergency response). Responding, Mr.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 19 Moore stated that the proposed plan would change that portion of Bradford Street to become two (2) way traffic, allowing Mr. Grady access to and from his property. He advised members that Dr. Johnston has met with three (3) of the neighbors on State Street and offered access from their properties onto Wesley College parking lots to allow access to State Street from the rear. He felt confident that Dr. Johnston would allow Mr. Grady to utilize Wesley College parking lots in order to access other streets. With regards to Chief Christiansen, Mr. Moore stated that fire lane access is provided for projects such as this, explaining that walkways are wide enough to meet fire lane requirements. He noted that access to the fire hydrants and building connections are provided. He assured members that every concern of the Fire Department would be addressed in the design for Wesley College. The committee recommended approval of the request for alley and street abandonments, on the condition that the Wesley College Plan include the replacement of existing parking and an increase in total parking, that the utility easements remain in effect, that public access easements for Fulton and Cecil Streets be part of the plan, that the timing of the street and alley closures be coordinated with site plan approval, and that the DAC comments generated by this process are included as part of the plan, as follows: 1) Timing of the abandonment - Staff recommends that abandonment be timed such that the City maintain ownership and maintenance of the subject streets and alleys until such time that they are physically altered by construction in accordance with a site plan approved by the Planning Commission. 2) Utility Easements - All public electric, water, wastewater, and storm sewer infrastructure must be located within permanent utility easements in accordance with the recommendations set forth in the Public Utilities comments from the DAC report dated April 1, 2010. 3) Parking – All on-street parking displaced by the abandonment must be replaced in kind (in addition to any additional off-street parking required in accordance with site plan application submissions) prior to removal of on- street parking in the areas proposed for abandonment. 4) DAC Comments - Planning Office Advisory Comments 1-4 from Page 6 of the Report (prepared for May 24th meeting) and the attached agency comments from Department of Public Utilities, the Delaware Department of Transportation (DelDOT), the Kent Conservation District, and the Fire Marshal=s Office. (Planning Commission usually phrases their motions so that they adopt by reference the recommendations and findings of the DAC report.) 5) All specific conditions developed by the Utility Committee as a request of public testimony and/or their deliberations must be added. The Committee recommended approval of the request for alley and street abandonments, on the condition that the Wesley College Plan include the replacement of existing parking and an increase in total parking, that the utility easements remain in effect, that public access easements for Fulton and Cecil Streets be part of the plan, that the timing of the street and alley closures be

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 20 coordinated with the site plan approval, and that the aforementioned DAC comments generated by this process and those included in the DAC Application Review Commentary (Exhibit #9) are included as part of the plan, and that public access easements be provided through the campus along Fulton and Cecil Streets. City Clerk=s Office Note: In accordance with the City=s procedure for alley abandonments, Resolution #2010-05 setting the Public Hearing (attachment to Committee minutes) will be presented to Council for consideration for adoption. Mr. Ruane moved for approval of the Committee=s recommendation and adoption of Resolution #2010-05 setting a Public Hearing for August 9, 2010 at 7:30 p.m. The motion was seconded by Mr. Bonar and by a unanimous roll call vote, Council adopted Resolution #2010-05, as follows: A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF CERTAIN ALLEYS AND STREETS SITUATED IN THE CITY OF DOVER.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 21 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: Section 1. The Council of the City of Dover favors the vacating and abandoning of the following streets and alleys: Area #1 The 100 block of North Governors Avenue Alley West, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, being an improved public alley running north to south between Cecil Street and Fulton Street, lying on the westerly side of and running parallel to North Governors Avenue, said alley being 10 feet wide and approximately 341 feet in length and comprised of 3,410 square feet, more or less. Area #2 The southern portion of the 200 block of North Governors Avenue Alley East, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, being an unimproved public alley running north to south, said portion of alley located between Mary Street and Cecil Street but not adjacent to and lying on the easterly side of and running parallel to North Governors Avenue, unimproved alley being a varying width (10-15 feet) and approximately 100 feet in length, comprised of 3,410 square feet, more or less. The portion of the alley is located approximately 173 feet east of the center of Governors Avenue and 302.6 feet south of the southerly right of way line of Mary Street to the point of beginning, thence extending approximately 100 feet in a southerly direction and terminating at lands of Wesley College. Area #3 A portion of the unit block of North Bradford Street, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, said portion of street commencing at the southerly side of Fulton Street and running south toward Division Street but not adjacent to, being 60 feet wide and approximately 363 feet in length, comprised of approximately 21,600 square feet (0.496 acres). The portion of said street starting at the southern right of way of Fulton Street and extending approximately 363 feet in a southerly direction to the northerly right of way line of an unnamed alley. Area #4 The unit block of Fulton Street, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a public street running east to west between South Governors Avenue and North State Street and being 60 feet wide and approximately 680 feet in length, comprised of 40, 800 square feet (0.936 acres) more or less. Area #5 A portion of the unit block of Cecil Street, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, said portion of street commencing at the easterly side of South Governors Avenue and running east towards North State Street but stopping short of, being 60 feet wide and approximately 443 feet in length comprised of 26,580 square feet (0.61 acres) more or less. The portion of said street, starting at the easterly right of way line of North Governors Avenue extending 443 feet east to a point approximately 90' east of the easterly right of way line of North Bradford Street. Area #6 A portion of the 200 block of North Bradford Street, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, said portion of street commencing at the northerly side of Cecil Street and running north toward Mary Street but stopping short of and being 60 feet wide and approximately 194 feet in length comprised of

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 22 11,650 square feet (0.267 acres) more or less. Area #7 The northern portion of the unit block of North State Street Alley West, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, an improved public alley running north to south, said portion of alley being between Fulton Street and West Division Street but not adjacent to and lying on the westerly side of and running parallel to North State Street, being 17 feet wide improved alley and approximately 275 feet in length, comprised of 4,675 square feet, more or less. The portion of said alley being located approximately 221 feet west of the centerline of North State Street, starting at the southern right of way line of Fulton Street extending approximately 275 feet in a southerly direction to the northerly property line of lands now or formerly of Francis A. Stratford. Section 2. The Council of the City of Dover will sit on Monday, August 9, 2010, at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware). Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover. ADOPTED: JULY 12, 2010 Annual Engineering Consultant=s Report on the Operation and Maintenance of the Electric System - Fiscal Year 2009 Members were provided the Annual Engineering Consultant=s Report on the Operation and Maintenance of the Electric System for Fiscal Year 2009, as prepared by Burns and McDonnell Engineering Company, Inc. Mrs. Donna Mitchell, Controller/Treasurer, advised members that the report is required to fulfill the City=s bond covenants. She noted that the conclusion of the report indicates that the City=s power generation facilities are being operated and maintained consistently with accepted electric utility practices in the United States. The Committee recommended acceptance of the Annual Engineering Consultant's Report on the Operation and Maintenance of the Electric System for Fiscal Year 2009. By consent agenda, Mr. McGlumphy moved for approval of the Committee=s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. The remaining Agenda Items (#3-#5) were deferred until the next Committee meeting. Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. McGiffin and unanimously carried.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 23 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JUNE 28, 2010 The Legislative, Finance, and Administration Committee met on June 28, 2010 with Chairman Leary presiding. 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. Mr. Leary noted that there were no critical positions to be considered; therefore, no further action was required. Purchase of Ladder Truck - Dover Fire Department Fire Chief Sean Christiansen explained that, in accordance with the current Capital Improvement Plan (CIP), the Dover Fire Department sent out a specification for a piece of fire apparatus to replace the current Ladder 1. He stated that, after carefully reviewing the apparatus scheduled for replacement, due to the current economic downturn and their ability to rotate Engine 7 with other engines, the Dover Fire Department has requested deferral of the purchase of Engine 7 to Fiscal Year 2013. Fire Chief Christiansen reviewed a Presentation of the Replacement of Ladder 1 (attachment to Committee minutes) and advised members that the apparatus must be ordered by July 15, 2010 to secure current prices, since any orders after that date would be subject to a price increase of $30K-60K due to new Environmental Protection Agency (EPA) standards. Chief Christiansen stated that the estimated delivery date is July 2011 and an annual expenditure of $195,300 will be required for this purchase for seven (7) years beginning in 2012. He noted that the bidding process was accomplished through the Houston/Galveston Area Council (H-GAC), which is the same process used by the State of Delaware. Staff recommended approval of the amendment to the Robbins Hose Company CIP Sheet of the City 2012/2013 Budget and ordering the replacement ladder truck. Responding to Mr. Salters, Mrs. Donna Mitchell, Controller/Treasurer, advised members that, as a non-profit organization, the Dover Fire Department is eligible for tax-exempt financing. She stated that the interest rate used in the analysis presented was 6.94% and was based on the last truck that was purchased. She advised members that current interest rates are 2-3%; however, the actual interest rate will be determined when the truck is financed upon delivery. Mrs. Mitchell explained that the estimated $195,300 expenditure for the purchase is based on a 6.94% interest rate and, in discussing this matter with the bank, it was determined that, at current rates, the estimated expenditure will be $150,000 for seven (7) years. Although the actual expenditure

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 24 is not known at this time, she assured members that seven (7) year financing is normal practice when financing fire apparatus. The Committee recommended approval of the amendment to the Robbins Hose Company CIP Sheet of the City 2012/2013 Budget and ordering of the replacement ladder truck. By consent agenda, Mr. McGlumphy moved for approval of the Committee=s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. Discussion - Requirement to Step Down When Running for Other Office - All Committees During their meeting of January 25, 2010, Committee members considered a proposal by the Dover Human Relations Commission to require that all Council, Committee, Commission, and Board members resign prior to running for other office. The matter was tabled to allow further discussion. The Committee removed the matter from the table. Mr. Salters noted the lack of interest from individuals in running for public office and felt it would be unfair to prohibit members of committees from running for office. Responding to Mr. Leary, Mr. Salters clarified that the requirement to step down should be removed from all memberships. The Committee recommended denial of the request that all Council, Committee, Commission, and Board members be required to resign prior to running for other offices, as amended to include removing the requirement from all memberships. City Clerk=s Office Note: Upon approval of Council, staff will prepare appropriate proposed ordinances to eliminate the resigning requirement of members of the Dover Human Relations Commission and Ethics Committee for review by the Legislative, Finance, and Administration Committee. Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a roll call vote of six (6) yes and three (3) no (Mr. Leary, Mr. Ruane, and Mr. Hogan). Mr. Leary moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and unanimously carried. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - JUNE 30, 2010 The Safety Advisory and Transportation Committee met on June 30, 2010 with Chairwoman Williams presiding.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 25 Request for Amendment to Chapter 18 - Animals, Section 18-16 - Keeping Bees (Deferred by Committee on April 28, 2010) During their meeting of January 27, 2010, they considered a letter received from Mr. Bill Benton requesting an amendment to Chapter 18 - Animals, Section 18-16 - Keeping Bees. After much discussion, the Committee indicated a willingness to consider a draft proposed amendment provided by the beekeeping community. Members were reminded that, during their meeting of April 28, 2010, they were provided a draft proposed ordinance amendment submitted by Mr. Bill Benton; Mr. Robert Volkomer, Vice President of the Kent County Beekeepers Association; and Mr. Robert Mitchell, State Apiarist, Delaware Department of Agriculture. The draft proposed amendment was mimicked from a document adopted in Louisiana. It was understood that additional revisions would be required. As recommended by the Committee, Mr. Benton and Mrs. McDowell, City Clerk, rewrote the draft proposed ordinance amendment in a format that meets City requirements, addresses the comments made by the Committee, and incorporates suggestions provided in the legal opinion from the City Solicitor's Office. The Committee recommended approval of Proposed Ordinance #2010-22, as presented (attachment to Committee minutes). Mrs. Williams stated that those interested in this matter may wish to attend the Council Meeting scheduled for July 12, 2010. By consent agenda, Mr. McGlumphy moved for approval of the Committee=s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. (The First Reading of the Ordinance will take place during the latter part of the meeting). Timing of Traffic Lights - Hazlettville Road/North Street; North Street at Queen Street, New Street, Governors Avenue, and State Street Members were provided an email submitted by Mr. Jon Schmidt relaying concerns about the timing of the traffic lights on Hazlettville Road and North Street. He noted that prior to the installation of the traffic light at the Eden Hill Medical Center, the timing of the traffic lights on North Street at Queen Street, New Street, Governor's Avenue, and State Street was a source of frustration. He suggested that an alternative solution to the problem of regulating traffic through the North Street corridor would be to convert the lights at Queen Street, New Street, and Governor's Avenue to blinking operation. It was his opinion that the volume of traffic along North Street is sufficient to warrant blinking yellow lights, with blinking red along the north- south streets. In addition, he suggested that these lights be converted to blink after midnight, noting that he has returned from a variety of events late in the evening and has had to sit at a red light at each intersection while no traffic passes north-south.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 26 Mr. Gary Laing, Community Relations Officer for DelDOT and Public Relations Liaison, advised members that traffic signal synchronization can only be accomplished through instituting one-way traffic. He explained that if signal synchronization is accomplished for traffic traveling east, it will have the opposite effect on traffic traveling west. Mr. Laing stated that lights on North Streets are timed to "favor" eastbound traffic in the morning and, conversely, green lights are "favored" for westbound traffic in the late afternoon. He stated that this strategy is based on usage, explaining that most traffic travels east in the morning and west in the afternoon. However, he stated that the goal is to accomplish this in such a way that north/south traffic is not negatively affected. It was his feeling that some of the discontent with North Street signals is due to the installation of a new traffic light. Mr. Laing assured members that traffic signalization is constantly being monitored and adjustments are made accordingly. Briefing on Delaware Department of Transportation (DelDOT) Projects - Gary Laing Mr. Gary Laing, Community Relations Officer for DelDOT and Public Relations Liaison, provided members a briefing on DelDOT Projects, as follows: West Dover Connector Mr. Laing stated that, although there has been some progress involving the West Dover Connector, the project is currently at a standstill due to budgetary constraints. He advised members that all stakeholders have been informed of DelDOT=s preferred alternative and explained the processes involved with this project. He stated that this alternative has not been made public; however, there will be a public workshop in November, at which time the preferred alternative will be announced and public comments allowed. South Governors Avenue Improvements Mr. Laing reported that, according to contract, the improvements to South Governors Avenue must be completed by the end of 2010; however, it is hoped that the project will be completed by the fall. Responding to Mrs. Williams, Mr. Laing indicated that all work on Governors Avenue will be completed by 2012. Water Street Railroad Crossover Mr. Laing advised members that any at-grade railroad crossing requires approval from the railroad; therefore, if Norfolk Southern Railroad does not authorize the Water Street Railroad Crossover, this project will not come to fruition. He stated that there have been no recent discussions with Norfolk Southern Railroad; however, it is planned to bring this project back to the table. He reminded members that this is a negotiated process that will involve the elimination of another at-grade crossing within the State and legislative approval would be necessary for any closure of a railroad crossing.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 27 After much discussion, Mrs. Williams suggested that all public and private parties collaborate on this issue. Wyoming Mill Road Project Mr. Laing advised members that, although the Delaware Department of Transportation (DelDOT) has developed a proposed route for the Wyoming Mill Road Project, a final design has not been completed. DelDOT recently realized that a few of the earliest residents were not advised by the developer of the roadway being installed. He stated that these residents are extremely unhappy with the roadway being within 50 feet of their homes. Route 13 Paving Project Although specific details are not known, Mr. Laing advised members that he was just recently made aware of a major Route 13 paving project. He assured members that further details will be provided to members at the next meeting. Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects Mr. James Galvin, Principal Planner with Dover/Kent County Metropolitan Planning Organization (MPO), briefed members on Dover/Kent County MPO Projects. He advised members that the MPO has submitted a Transportation Improvement Program (TIP) amendment for the Wyoming Mill Road Project, due to an increase in cost and schedule changes. There has also been a TIP amendment request for a new rail study to provide rail service from Newark, through Dover, to Ocean City, Maryland. He stated that over the next few months, members will be made aware of the TIP amendments and advised members that the amendment process will include the consideration of the prioritization of projects and compliance with regional growth management. Mr. Galvin reminded members that the Dover/Kent County MPO had begun the process of developing a Neighborhood Plan surrounding the Transit Center (from North Street to South Street and from State Street to West Street). He stated that bids were solicited, received, and reviewed. Soon after, it was discovered that the Downtown Dover Partnership (DDP) was considering a similar project. As a result, he met with Mr. Bill Neaton, City of Dover Economic Development Director, and Mr. Gregg Moore, Becker Morgan Group, and it was ultimately decided to collaborate in the charrette process for the project which would then encompass not only the North State to South Street area, but also from South Street to Division Street. At this time, the MPO is planning to meet with the DDP to develop an agreement on this concept. If the DDP declines the suggestion, Mr. Galvin advised members that the MPO will move forward with the project independently. Mrs. Williams announced that future meetings of the Safety Advisory and Transportation Committee will be scheduled for 5:00 p.m. By consent agenda, Mr. McGlumphy moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Leary and carried by a unanimous

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 28 roll call vote. MONTHLY REPORTS - MAY 2010 By motion of Mr. McGlumphy, seconded by Mr. Leary, 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 Dover Fire Department Report (April and May) APPOINTMENT RECOMMENDED BY MAYOR CAREY - DOWNTOWN DOVER PARTNERSHIP - ERIN TINSLEY - THREE (3) YEAR TERM TO EXPIRE MAY 2013 (TO FILL EXPIRED TERM OF THOMAS SMITH) Mayor Carey recommended the appointment of Erin Tinsley to serve on the Downtown Dover Partnership for a three (3) year term to expire May 2013 (to fill the expired term of Thomas Smith). By consent agenda, Mr. McGlumphy moved for approval of the appointment of Erin Tinsley, as recommended by Mayor Carey. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote. RE-APPOINTMENTS RECOMMENDED BY MAYOR CAREY - HISTORIC DISTRICT COMMISSION - THREE (3) YEAR TERMS TO EXPIRE JULY 26, 2013 Mayor Carey requested the following reappointments to the Historic District Commission for three (3) year terms to expire July 26, 2013: Charles A. Salkin - Resident Richard Scrafford - Professional By consent agenda, Mr. McGlumphy moved for approval of the reappointments to the Historic District Commission, as recommended by Mayor Carey, seconded by Mr. Leary and carried by a unanimous roll call vote. FIRST READING - PROPOSED ORDINANCE #2010-22 Council President Hogan reminded the public that copies of the proposed ordinance 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 July 26, 2010. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 29 the Ordinance Amendment as read by the City Clerk, by title only, as follows: PROPOSED ORDINANCE #2010-22 - AMENDING CHAPTER 18 - ANIMALS, SECTION 18-16 - KEEPING BEES (Referred by the Safety Advisory and Transportation Committee) COUNCIL MEMBERS ANNOUNCEMENTS Mr. McGiffin announced that the next African American Festival will be held on June 25, 2011. Mr. Leary moved for adjournment, seconded by Mr. Bonar and unanimously carried. Meeting Adjourned at 8:33 P.M. TRACI A. McDOWELL CITY CLERK

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 30 All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of July 12, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg 010 Council.wpdmag52C2.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Request of Mr. Alston - Proposed Ordinance Related to Public Indecent Exposure and Proposed Ordinance to Honor American Veterans Exhibit #2 - Request of Mr. Alston - Proposal for Consideration of Five (5) Additional Ordinances Exhibit #3 - Rezoning Petition - Saulsbury Road - Route 8 & Saulsbury Road Exhibit #4 - Rezoning Petition - 40-60 Ridgely Street - Robert A. and Nancy H. Kauffman Exhibit #5 - Correspondence Received Related to Mayor Carey=s Veto of the 2010/2011 Budget Ordinances Exhibit #6 - Salary Changes for State of Delaware and Municipalities Exhibit #7 - Mayor=s Veto Letter to President Hogan Dated July 7, 2010 Exhibit #8 - Revised Ordinance #2010-19 - 2010/11 City of Dover Budget Exhibit #9 - DAC Application Review Commentary - Request for Alley and Street Abandonments

EXHIBIT #1 Regular Council Meeting of 07/12/2010

EXHIBIT #2 Regular Council Meeting of 07/12/2010

EXHIBIT #3 Regular Council Meeting of 07/12/2010 PETITION TO AMEND ZONING DISTRICT Before the Dover City Council July 12, 2010 Applicants/Owners: Rt.8 & Saulsbury Road, LLC Address: Saulsbury Road, Dover Location: East side of Saulsbury Road, south of the intersection with Forrest Avenue Tax Parcel ID #: ED05-076.11-01-24.00-000 Size: 1.0+/- acres (43,560 S.F.) Present Use: Vacant Proposed Use: Commercial Retail Comprehensive Plan Designation: Commercial Present Zoning: CPO (Commercial/Professional Office Zone) COZ-1 (Corridor Overlay Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) COZ-1 (Corridor Overlay Zone) Planning Commission Recommendation: Following a public hearing before the Planning Commission on June 21, 2010, where no members of the public spoke in favor of or in opposition to the proposed rezoning the Planning Commission recommended approval of the request to change the zoning of the subject property from CPO (Commercial/Professional Office Zone) with COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial) with COZ-1 (Corridor Overlay Zone), with 8 members voting in favor and one recused from voting. File Number: Z-10-05

This rezoning application consists of one parcel of land owned by Route 8 & Saulsbury Road, LLC. The parcel is a total of 1.01 acres ± (43,995.6 S.F.). The property is currently zoned CPO (Commercial/Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The subject area is located on the east side of Saulsbury Road, south of the intersection with Forrest Avenue/Forest Street. Tax Parcel: ED05-076.11-01-24.00-000 Existing Property: The subject parcel is currently vacant. A previous application (S-08-30) for a CVS Pharmacy moved a property line for this parcel and has a required shared access through this property. Surrounding Land Uses: The land directly adjacent to the subject site on the north is the existing location of the CVS pharmacy building (currently under construction). The CVS property is zoned C-2A and subject to the COZ-1. The adjacent properties to the east and to the south are zoned RG-1(General Residence Zone). The properties located to the west of the subject site is the Gateway West Shopping Center, zoned SC-2 (Shopping Center Development). Comprehensive Plan: In the 2008 Comprehensive Plan, the Land Development Plan (Map 12-1 as amended, dated 11/23/2009) recommends that this property be used for Commercial Use. The requested C-2A zoning is consistent with this category of uses. Request for C-2A (Limited Central Commercial Zone) The types of permitted uses in the C-2A zone are given Article 3 §14 of the Zoning Ordinance. The permitted uses include convenience retail stores such as drug stores, grocery stores, luncheonettes, variety stores or combination thereof; personal service stores such as, but not limited to, barbershops, beauty parlors, and tailors, service establishments furnishing services other than of a personal nature, but excluding gasoline filling stations and motor vehicle storage, repair, or service; residences conforming to the regulations set forth in Article 3 Section 2; banks or businesses, professional or governmental offices; other retail and services establishments with exclusions; theatres, and restaurants; apartments, provided that no dwelling units shall be permitted in the first floor and at least one off-street parking space shall be provided in the area for each apartment; hotels, clubs and places of worship; and civic institutions. Article 4, Section 4.15 of the Zoning Ordinance address bulk standards for the C-2A Zone. The bulk standards are as follows: C-2A (Limited Central Commercial Zone) Minimum required: Lot area Lot width (ft.) 50 Lot depth (ft.) 100 Front yard (ft.) 15 Side yard (ft.) None required, but 10 ft. min. if provided

Z-10-05 Lands of Rt. 8 and Saulsbury Road, LLC Report to City Council – July 12, 2010 Page 3 Rear yard (ft.) 20 ft above ground floor, at ground floor 5 ft. Side or rear yards which adjoin a 25 residence zone (ft.) Off-street parking Per 300 sq. ft. floor area or 1 Per employee (whichever is greater) 1 Maximum permitted: Building height Stories 6 Feet 60 Floor area ratio 4.0 Recommendation of the Planning Staff: This request is to rezone land from CPO (Commercial/Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The zoning requested is consistent with the 2008 Comprehensive Plan as amended 2009 and it is compatible with the surrounding land uses and zoning classifications. For this reason, staff supports the rezoning request. The proposed use of the property, as commercial retail would be permitted under the C-2A zone. The rezoning would also place the two properties held in the ownership of Rt.8 and Saulsbury Road, LLC into the same zoning classification. Following a public hearing before the Planning Commission on June 21, 2010, where no members of the public spoke in favor of or in opposition to the proposed rezoning the Planning Commission recommended approval of the request to change the zoning of the subject property from CPO (Commercial/Professional Office Zone) with COZ-1 (Corridor Overlay Zone) to C- 2A (Limited Central Commercial) with COZ-1 (Corridor Overlay Zone), with 8 members voting in favor and one member recused from voting. The following is an excerpt from the minutes of the Planning Commission hearing on this matter: Z-10-05 Lands of Route 8 & Saulsbury Road LLC at Sauslbury Road - Public Hearing and Recommendation to City Council regarding a rezoning application consisting of one parcel of land consisting of a total of 1.01 acre ±. The property is currently zoned CPO (Commercial/Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The subject property is located on the east side of Saulsbury Road, south of the intersection with Forrest Avenue/Forest Street. The owner of record is Route 8 & Saulsbury Road, LLC. Property Address: Saulsbury Road. Tax Parcel: ED05-076.11-01-24.00-000. Council District 4. Representatives: Mr. Conny Malmberg, principal of the Project; and Mr. Phil McGinnis.

Z-10-05 Lands of Rt. 8 and Saulsbury Road, LLC Report to City Council – July 12, 2010 Page 4 Mr. Baldwin recused himself from this application as he is a property owner located within 200 feet of the subject application which would be deemed a conflict of interest. Mr. Albert provided an overview of the application. Mr. Malmberg stated that the only DAC comment of substance would be the requirement of a cross access easement to the two parcels as they function as one center. This was done back in January and a copy has been provided to Mrs. Melson-Williams. Mr. Hemmig questioned with regards to the access road that was provided on the plan that was plotted in January for the CVS Pharmacy, is the exact location for this road fixed based on the previously approved Site Plan? Responding to Mr. Hemmig, Mr. Albert stated that DelDOT approved of this compromise and it is a fixed location. Mr. Hemmig further stated that this takes out a lot of the 1.01 acre available for an actual building. Did you consider the actual available building space left when considering zoning and is it enough to meet zoning requirements? Responding to Mr. Hemmig, Mr. Malmberg stated that when this portion of the integrated center gets developed, the cross access road that you see curving through the site will be incorporated into the travel lanes of the area around the building so it does impact on the value and the square footage that can be built on the property; however, it is not significant enough to impair it for C-2A purposes. Mr. Friedman opened a public hearing and after seeing no one wishing to speak closed the public hearing. Colonel Welsh moved to forward a recommendation of approval to City Council for Z-10-05 Lands of Route 8 & Saulsbury Road, LLC located at Saulsbury Road from CPO to C-2A and to also include the COZ-1 zone, seconded by Mr. Hemmig and the motion was unanimously carried 8-0 with Mr. Baldwin recused.

City of Dover Application No.: Z-10-05 Department of Planning & Inspections FOREST STREET HARTLY ROAD C-2A BERTRAND DRIVE BEDFORD DRIVE Site CPO ET LINCOLN STRE SC-2 BU SAULS RG-1 JAWD DRIVE AD RY RO Plan Title: Lands of Route 8 & Saulsbury Road, LLC Location: Saulsbury Road Legend Plan Type: Rezoning Tax Parcel: ED05-076.11-01-24.00-000 Zoning Current Zoning: CPO and COZ-1 Dover Parcels Proposed Zoning: C-2A and COZ-1 Owner: Route 8 & Saulsbury Road, LLC Corridor Overlay Zone Date: 05-12-10 0 90 180 360 Feet «

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JUNE 3, 2010 APPLICATION: Lands of Rt 8 & Saulsbury Road, LLC FILE #: Z-10-05 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / WATER / WASTEWATER 1. Our office has no objection to the rezoning of tax parcel ED05-076.11-01-24.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. WATER / WASTEWATER 1. Should this site be redeveloped, the applicant / developer is responsible for all costs associated with providing the appropriate service to this site based upon the use including any necessary system upgrades or extensions. Please be advised that sanitary sewer service is being provided via the parcel to the north and water service must be obtained off of Saulsbury Road. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: June 3, 2010 T =============================================================== APPLICATION: Lands of Route 8 & Saulsbury Road, LLC at Saulsbury Road FILE#: Z-10-05 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. DelDOT has no comments to the proposed rezoning. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: Access for the site must be from the internal access easement. A Traffic Impact Study (TIS) may be required, if the proposed development exceeds 50 VPH or 400 VPD. The department will require the applicant to provide proper forms, fees, and plans in order to be issued an entrance permit. If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY APPLICANT MEETING DATE: June 3, 2010 APPLICATION: Lands of Route 8 & Saulsbury Road FILE #: Z-10-05 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to rezoning of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project. • A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet.

CITY OF DOVER Dover/Kent County Metropolitan DEVELOPMENT ADVISORY COMMITTEE Planning APPLICATION REVIEW COMMENTARY Organization D.A.C. MEETING DATE: June 3, 2010 APPLICATION: Lands of Rt. 8 and Saulsbury Rd., LLC ___________________ FILE #: Z-10-05 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Jim Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. The following are advisory comments regarding the application: • This site is on the transit route of DART bus 113, on both legs of the trip. On the way out to Dover Mall, the bus passes the site on the east side of Saulsbury Road. The nearest stop is in Gateway West Plaza. As this and the adjacent CVS Drug Store develop, the demand for transit access to the site, for most any commercial/C-2A use, will become apparent. The MPO will inform DART of the upcoming development to allow consideration of a transit stop. Any development application should include a transit stop of a design DART specifies. Consideration of connections between parking lots of the subject parcel and the CVS site to the north should be mandated in any future site plan application. Pedestrian and bicycle access to the site is sufficient. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

EXHIBIT #4 Regular Council Meeting of 07/12/2010 PETITION TO AMEND ZONING DISTRICT Before the Dover City Council July 12, 2010 Applicants/Owners: Robert and Nancy Kauffman Address: 40-60 Ridgely Street, Dover Location: West side of Ridgely Street, north of Division Street Tax Parcel ID #: ED-05-076.08-01-26.01-000 Size: 2.0004+/- acres (87,294 S.F.) Present Use: Vacant Warehousing and Assembly buildings Proposed Use: Service and Warehousing Comprehensive Plan Designation: Industrial and Public Utilities Present Zoning: M (Manufacturing Zone) COZ-1 (Corridor Overlay Zone) Proposed Zoning: C-3 (Service Commercial Zone) COZ-1 (corridor Overlay Zone) Planning Commission Recommendation: Following a public hearing before the Planning Commission on June 21, 2010, where no members of the public spoke in favor of or in opposition to the proposed rezoning the Planning Commission unanimously recommended approval of the request to change the zoning of the subject property from M (Manufacturing) with COZ-1 (Corridor Overlay Zone) to C-3 (Service Commercial) with COZ-1 (Corridor Overlay Zone). Reason for Request: To allow for service commercial uses. File Number: Z-10-07

This rezoning application consists of one parcel of land owned by Robert and Nancy Kauffman. This property at 40-60 Ridgely Street consists of a total of 2.0004 acres ± (87,294 S.F.). The property is currently zoned M (Manufacturing Zone) and is subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-3 (Service Commercial Zone) and is subject to the COZ-1 (Corridor Overlay Zone). The subject area is located on the west side of Ridgely Street, north of Division Street. Tax Parcel: ED05-076.08-01-26.01-000. Existing Property: The subject parcel currently has two vacant buildings. The existing buildings have been registered as vacant under the provision of the Vacant Buildings Ordinance. There are active code enforcement violations on the site. Surrounding Land Uses: The land directly adjacent to the subject site on the north is a vacant parcel of land zoned IPM (Industrial Park Manufacturing Zone). The property directly to the south is the Bennie Smith Funeral Home and is zoned C-2A (Limited Central Commercial Zone) and is subject to the COZ-1 (Corridor Overlay Zone). To the west there is a residence with apartments and an additional building are zoned M (Manufacturing Zone) and subject to the COZ-1 (Corridor Overlay Zone). Across Ridgely Street to the east there is a mix of warehousing and service commercial uses. The properties across Ridgely Street are zoned M (Manufacturing Zone) and C-3 (Service Commercial Zone) and are subject to the COZ-1(Corridor Overlay Zone). Comprehensive Plan: In the 2008 Comprehensive Plan as amended, the Land Development Plan (Map 12-1 as amended, dated 11/23/2009) recommends that this property be used for Industrial and Public Utilities. In Table 12-1: Land Use and Zoning Matrix for the Land Use Category of Industrial and Public Utilities there are a range of possible zoning districts ranging from certain manufacturing zones to a commercial zone. The requested C-3 (Service Commercial Zone) is consistent with this category of uses. Request for C-3 (Service Commercial Zone) The types of permitted uses in the C-3 (Service Commercial Zone) are given Article 3 §15 of the Zoning Ordinance. The permitted uses include service establishments including dry cleaning and laundry plants; wholesale, storage, and warehousing establishments; bowling alleys, and animal hospitals; motor vehicle, oat or farm equipment sales or service; motor vehicle service stations with restrictions; manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products for sale on or off the premises, provided that not more than 25 persons shall be engaged in such activity; and provided further, that any such use shall be subject to the performance standards procedures as set forth in Article 5 §8; newspaper and job printing; and ministorage facilities with restrictions. Article 4, Section 4.15 of the Zoning Ordinance addresses the bulk standards for the C-3 Zone. The bulk standards are as follows: C-3 (Service Commercial Zone) Minimum required:

Z-10-07 Land of Robert and Nancy Kauffman Report to City Council – July 12, 2010 Page 3 Lot area Lot width (ft.) 100 Lot depth (ft.) 100 Front yard (ft.) 25 Side yard (ft.) 20 Rear yard (ft.) 10 Side or rear yards which adjoin a 30 residence zone (ft.) Off-street parking Per 300 sq. ft. floor area or 1 Per employee (whichever is greater) 1 Maximum permitted: Building height Stories 2 Feet 30 Floor area ratio 0.5 Lot coverage 0.5 Recommendation of the Planning Staff and Planning Commission: This request is to rezone land from M (Manufacturing Zone) and subject to the COZ-1 (Corridor Overlay Zone) to C-3 (Service Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The zoning requested is consistent with the 2008 Comprehensive Plan as amended 2009 and it is compatible with the surrounding land uses and zoning classifications. For this reason, staff supports the rezoning request. The proposed use of the property, as service commercial uses (motor vehicle service) would be permitted under the C-3 (Service Commercial Zone). Following a public hearing before the Planning Commission on June 21, 2010, where no members of the public spoke in favor of or in opposition to the proposed rezoning the Planning Commission unanimously recommended approval of the request to change the zoning of the subject property from M (Manufacturing) with COZ-1 (Corridor Overlay Zone) to C-3 (Service Commercial) with COZ-1 (Corridor Overlay Zone). The following is an excerpt from the minutes of the Planning Commission hearing on this matter: Z-10-07 Lands of Robert & Nancy Kauffman at 40-60 Ridgely Street - Public Hearing and Recommendation to City Council regarding a rezoning application consisting of one parcel of land consisting of a total of 2.0047 acres ±. The property is currently zoned M (Manufacturing Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-3 (Service Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The subject property is located on the west side of Ridgely Street, at the intersection with Fulton Street. The owner of

Z-10-07 Land of Robert and Nancy Kauffman Report to City Council – July 12, 2010 Page 4 record is Robert & Nancy Kauffman. Property Address: 40-60 Ridgely Street. Tax Parcel: ED05- 076.08-01-26.01-000. Council District 4. Representatives: Mr. Phil McGinnis, McGinnis Commercial Real Estate Company, representing the Owner. Mr. Albert presented an overview of the application. Mr. Holt stated that Staff had stated that there were some violations of the Vacant Building Ordinance. Do you have any idea of what those violations were? Responding to Mr. Holt, Mr. McGinnis stated that the buildings have been historically used for warehousing and lighter manufacturing that fit in the C-3 district. The property has been vacant for about two (2) years partly because of the economy. Mr. Kauffman recognizes that there is some work that needs to be done there such as some broken fencing that needs to be repaired. Mr. Kauffman is trying to hold off until he gets a tenant before he does this. There is a perspective tenant for the smaller building and once this action gets finished, he will go ahead and finish fixing the fencing and some of the other violations. Mr. Nichols questioned if they were going to tear the buildings down as they were in bad shape twenty-five (25) years ago? Responding to Mr. Nichols, Mr. McGinnis stated that no, they were not. These buildings are good for their use which is warehousing. The tenant that will go in the little building will fix it up as these are steel frame buildings. Mr. Friedman opened a public hearing and after seeing no one wishing to speak closed the public hearing. Mr. Ambruso moved to forward a recommendation of approval to City Council for Z-10-07 Lands of Robert & Nancy Kauffman located at 40-60 Ridgely Street from M & COZ-1 to C-3 & COZ-1, seconded by Mr. Hemmig and motion was unanimously carried 9-0.

City of Dover Application No.: Z-10-07 Department of Planning & Inspections W KIRK OOD EET IL STR CEC STR EET IPM T REE TON ST FUL T REE TON ST FU L Site RIDG C-1A IO M EE STR ELY EE T STR T C-2A ION D IVIS T NUE REE AVE WES T ST AD T ON WES RAILRO DR C-3 IVE FORES T STREET CPO C-1 E GIBBS DRIV RG-1 ET LINCOLN STRE R-8 Plan Title: Lands of Robert & Nancy Kauffman Location: 40-60 Ridgely Street Legend Plan Type: Rezoning Tax Parcel: ED05-076.08-01-26.01 Zoning Current Zoning: M and COZ-1 Dover Parcels Proposed Zoning: C-3 and COZ-1 Owner: Robert & Nancy Kauffman Corridor Overlay Zone Date: 05-12-10 0 175 350 700 Feet «

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JUNE 3, 2010 APPLICATION: Lands of Robert and Nancy Kauffman 40-60 Ridgely Street FILE #: Z-10-07 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / WATER / WASTEWATER 1. Our office has no objection to the rezoning of tax parcel ED05-076.08-01-26.01-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. WATER / WASTEWATER 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate service to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of water and sewer services and meters will be assessed at that time. Should the existing services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Public Utilities Department standards and specifications. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: June 3, 2010 T =============================================================== APPLICATION: Lands of Robert & Nancy Kauffman at 40-60 Ridgely Street FILE#: Z-10-07 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. DelDOT has no comments to the proposed rezoning. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY APPLICANT MEETING DATE: June 3, 2010 APPLICATION: Lands of Robert & Nancy Kauffman FILE #: Z-10-07 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to rezoning of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project. • A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet.

CITY OF DOVER Dover/Kent County Metropolitan DEVELOPMENT ADVISORY COMMITTEE Planning APPLICATION REVIEW COMMENTARY Organization D.A.C. MEETING DATE: June 3, 2010 APPLICATION: Lands of Kauffman at 40-60 Ridgely Street FILE #: Z-10-07 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Jim Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. The following are advisory comments regarding the application: • Service Commercial uses require greater consideration for access than property used for Manufacturing purposes. There are currently no sidewalks on Ridgely or Fulton and should be required for a change in use. (Neighborhood improvements are evolutionary. If the sidewalk ends at a property line, it will continue on when the adjacent property redevelops. It is not an excuse to not install sidewalks, especially for a Service Commercial use.) The facilities should consider bicycle access as well. The site is part of the City street grid and has adequate accessibility and accessible to transit provided on W. Division Street. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

EXHIBIT #5 Regular Council Meeting of 07/12/2010

EXHIBIT #6 Regular Council Meeting of 07/12/2010 Salary Changes in Delaware FY 2010 FY 2011 Wilmington 0% 0% New Castle -5% -5% Dover 0% 7.5% Kent 0% 0% Sussex 0% 0% EXHIBIT #6 State of DE -2.5% 2.5% Regular Council Meeting of 07/12/2010

EXHIBIT #7 Regular Council Meeting of 07/12/2010

EXHIBIT #8 Regular Council Meeting of 07/12/2010 CITY OF DOVER ORDINANCE # 2010‐19 1 2010‐2011 BUDGET ORDINANCES 2 3 GENERAL FUND ‐ CASH RECEIPTS AND BUDGET FOR 2010‐2011 4 5 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 6 7 The amount hereinafter named aggregating Thirty Seven Million Six Hundred Ninety Four Thousand Fifty Five 8 dollars ($37,694,055) or so much thereof as may be necessary are hereby appropriated from current revenues and 9 other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2010 10 and ending June 30, 2011: 11 2009/10 2010/11 12 RECEIPTS REVISED BUDGET 13 PRIOR YEAR BALANCE $ 3,628,890 $ 2,277,575 14 FINES AND POLICE REVENUE 520,000 536,502 15 911 FEE 45,000 45,000 16 INVESTMENT INCOME 253,000 224,000 17 LIBRARY REVENUES 66,508 64,189 18 KENT COUNTY BOOK REIMBURSEMENT 460,000 460,000 19 BUSINESS LICENSES 1,465,000 1,523,675 20 PERMITS AND OTHER LICENSES 934,000 934,000 21 DEMOLITION REVENUE ‐ ‐ 22 MISCELLANEOUS CHARGES 54,250 54,250 23 POLICE EXTRA DUTY 300,000 300,000 24 PROPERTY TAXES 10,155,246 10,982,634 25 BID REVENUE 52,692 52,692 26 RECREATION REVENUE 141,500 141,500 27 FRANCHISE FEE 486,000 486,000 28 TRASH FEES 1,201,000 2,244,511 29 DSWA TRASH FEE REBATE 160,000 143,000 30 RENT REVENUE ‐ GARRISON FARM 41,535 87,000 31 COURT OF CHANCERY FEES 645,000 645,000 32 RECEIPTS SUBTOTAL 20,609,621 21,201,528 33 34 INTERFUND SERVICE RECEIPTS 35 INTRAFUND SERVICE RECEIPTS WATER/WASTEWATER 968,999 972,889 36 INTRAFUND SERVICE RECEIPTS ELECTRIC 3,379,975 3,374,945 37 INTERFUND SERVICE RECEIPTS SUBTOTAL 4,348,974 4,347,834 38 39 GRANTS 40 POLICE RELATED 100,000 138,350 41 CAPITAL SCHOOL DISTRICT REVENUE 73,500 73,500 42 POLICE PENSION GRANT 620,000 620,000 43 RECREATION GRANTS ‐ ‐ 44 MISC GRANT REVENUE ‐ ‐ 45 HOMELAND SECURITY GRANT ‐ ‐ 46 SALE OF ASSETS ‐ ‐ 47 GRANTS SUBTOTAL 793,500 831,850 48 49 TRANSFERS FROM ‐ 50 TRANSFER TAX 830,000 1,000,000 51 MUNICIPAL STREET AID ‐ 526,843 52 CIVIL TRAFFIC PENALTIES 750,000 930,000 53 WATER/WASTEWATER 548,020 ‐ 54 ELECTRIC 6,758,100 8,856,000 55 PARKLAND RESERVE ‐ ‐ 56 LIBRARY RESERVE ‐ ‐ 57 CAPITAL ASSET RESERVE ‐ ‐ 58 WORKER'S COMP FUND 350,000 ‐ 59 CONTINGENCY FUND 9,236,120 11,312,843 60 TRANSFERS FROM SUBTOTAL 61 $ 34,988,215 $ 37,694,055 62 TOTALS 63

64 GENERAL FUND CONTINUED ‐ CASH RECEIPTS AND BUDGET FOR 2010‐2011 65 2009/10 2010/11 66 DEPARTMENT EXPENSES REVISED BUDGET 67 CITY CLERK $ 278,229 $ 287,403 68 COUNCIL 113,934 130,769 69 TAX ASSESSOR 565,924 197,249 70 FIRE 718,058 709,862 71 GROUNDS MAINTENANCE 1,104,457 1,055,557 72 LIBRARY 1,128,481 1,126,227 73 RECREATION 754,140 778,469 74 LIFE SAFETY 508,320 501,835 75 CODE INFORCEMENT 359,064 276,481 76 PLANNING 400,895 423,193 77 INSPECTIONS 509,371 494,807 78 ECONOMIC DEVELOPMENT 223,350 247,488 79 POLICE 12,307,566 12,458,373 80 POLICE EXTRA DUTY 449,516 449,516 81 STREETS 895,084 802,029 82 SANITATION 2,078,770 2,347,344 83 CITY MANAGER 566,474 561,572 84 INFORMATION TECHNOLOGY 797,071 748,214 85 FINANCE 781,791 827,169 86 PUBLIC SERVICES ‐ ADMINISTRATION 354,640 369,752 87 FACILITIES MANAGEMENT 996,515 990,757 88 CENTRAL SERVICES 714,165 669,977 89 FLEET MAINTENANCE 712,645 761,929 90 CUSTOMER SERVICES 889,919 869,404 91 HUMAN RESOURCES 430,037 358,890 92 MAYOR 70,699 88,341 93 DEPARTMENT SUBTOTALS 28,709,115 28,532,607 94 OTHER EXPENSES 95 DEBT SERVICE 328,410 331,800 96 TRANSFER TO CONTINGENCY ‐ ‐ 97 DSWA RECYCLING PROGRAM ‐ ‐ 98 INSURANCE 600,000 600,000 99 RETIREES HEALTH CARE 1,014,820 1,297,509 100 RETIREES PAYMENTS ‐ ‐ 101 UNCOLLECTIBLES ‐ TRASH AND OTHER 10,000 10,000 102 LOSS ON SALE OF ASSET 42,993 ‐ 103 STORM EMERGENCY 350,000 ‐ 104 STREET LIGHTS 985,000 985,000 105 OTHER EXPENSE SUBTOTAL 3,331,223 3,224,309 106 GRANTS 107 IT EMERGENCY PREPAREDNESS PLAN ‐ ‐ 108 GRANTS SUBTOTAL ‐ ‐ 109 TRANSFERS 110 TRANSFER TO OPEB ‐ ‐ 111 TRANSFER TO PENSION UNFUNDED LIABILITY ‐ 995,000 112 TRANSFER TO POLICE PENSION UNFUNDED LIABILITY 95,000 113 TRANSFER TO PENSION COLA ‐ ‐ 114 TRANSFER TO POLICE PENSION FUND 620,000 620,000 115 TRANSFER TO CAPITAL ASSET RESERVE ‐ ‐ 116 TRANSFER TO CAPITAL FUND ‐ PROJECTS 44,802 1,307,839 117 TRANSFER TO CAPITAL FUND ‐ RESERVE ‐ ‐ 118 TRANSFER TO STREET PROGRAM ‐ 119 TRANSFER TO PARKLAND/RECREATION RESERVE ‐ 120 TRANSFER TO LIBRARY RESERVE ‐ 121 TRANSFER TO CDBG FUND 5,500 6,000 122 TRANSFER TO VERIZON RESERVE ‐ 123 INVENTORY WRITE OFFS ‐ ‐ 124 TRANSFERS SUBTOTAL 670,302 3,023,839 125 CURRENT YEAR BALANCE 2,277,575 2,913,300 126 127 TOTALS $ 34,988,215 $ 37,694,055 128 129 The City Manager is hereby authorized, without further approval of the City Council, to make 130 inter‐departmental transfers of up to five percent of the amount hereinafter appropriated to any 131 department except that the City Manager shall not make any transfers prohibited by City 132 Procedure #F306 and/or #F306ADD.

133 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 134 135 GOVERNMENTAL CAPITAL PROJECTS FUND 136 137 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 138 139 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 140 141 The amount hereinafter named aggregating Eight Million Two Hundred Twenty Nine Thousand Two 142 Hundred Fifty Seven dollars ($8,229,257) or so much thereof as may be necessary are hereby 143 appropriated from current revenues and other funds for the use by several departments of the 144 Municipal Government for the fiscal year beginning July 1, 2010 and ending June 30, 2011: 145 146 CASH RECEIPTS 147 2009/10 2010/11 148 REVISED BUDGET 149 BEGINNING BALANCE ‐ PROJECTS $ 462,693 $ 65,479 150 STATE GRANTS 780,290 3,343,520 151 INTEREST EARNINGS 2,700 10,900 152 INCOME FROM SALE OF ASSETS 29,200 ‐ 153 RECREATION GRANTS ‐ ‐ 154 POLICE GRANTS ‐ 18,000 155 HOMELAND SECURITY GRANTS ‐ ‐ 156 LIBRARY BOND ISSUE/CONTRIBUTIONS 602,384 1,000,000 157 TRANSFER FROM GENERAL FUND FOR PROJECTS 44,802 1,307,839 158 TRANSFER FROM PARKLAND RESERVE (JWP CNTR) 40,000 ‐ 159 TRANSFER FROM LIBRARY RESERVE 177,906 2,343,519 160 GIFTS/DONATIONS (RECREATION) ‐ ‐ 161 PARKLAND RESERVE RECEIPT ‐ ‐ 162 TRANSFER FROM CAPITAL ASSET RESERVE ‐ 140,000 163 164 TOTALS $ 2,139,975 $ 8,229,257 165 166

167 GOVERNMENTAL CAPITAL PROJECTS FUND ‐ CONTINUED 168 169 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 170 171 EXPENSE SUMMARY 172 173 2009/10 2010/11 174 DEPARTMENT EXPENSES REVISED BUDGET 175 CITY CLERK $ ‐ $ ‐ 176 COUNCIL ‐ ‐ 177 TAX ASSESSOR ‐ ‐ 178 FIRE 292,210 288,210 179 GROUNDS MAINTENANCE ‐ 63,675 180 LIBRARY 1,560,580 6,687,039 181 RECREATION 70,000 45,000 182 LIFE SAFETY ‐ ‐ 183 PLANNING ‐ ‐ 184 INSPECTIONS ‐ ‐ 185 ECONOMIC DEVELOPMENT ‐ ‐ 186 POLICE 94,706 282,380 187 STREETS 50,000 481,055 188 SANITATION ‐ 246,075 189 CITY MANAGER ‐ ‐ 190 INFORMATION TECHNOLOGY 7,000 12,000 191 FINANCE ‐ ‐ 192 PUBLIC SERVICES ‐ ADMINISTRATION ‐ ‐ 193 FACILITIES MANAGEMENT ‐ ‐ 194 CENTRAL SERVICES ‐ ‐ 195 FLEET MAINTENANCE ‐ ‐ 196 CUSTOMER SERVICES ‐ ‐ 197 HUMAN RESOURCES ‐ ‐ 198 MAYOR ‐ 31,500 199 DEPARTMENT SUBTOTAL 2,074,496 8,136,934 200 TRANSFERS 201 TRANSFER TO CAPITAL ASSET RESERVE ‐ ‐ 202 TRANSFER TO PARKLAND RESERVE ‐ ‐ 203 TRANSFER TO LIBRARY RESERVE ‐ ‐ 204 TRANSFER TO GENERAL FUND ‐ ‐ 205 TRANSFER SUBTOTAL ‐ ‐ 206 CURRENT YEAR BALANCE 65,479 92,323 207 208 TOTALS $ 2,139,975 $ 8,229,257 209 210 The City Manager is hereby authorized, without further approval of the City Council, to make 211 inter‐departmental transfers of up to five percent of the amount hereinafter appropriated to any 212 department except that the City Manager shall not make any transfers prohibited by City 213 Procedure #F306 and/or #F306ADD.

214 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 215 216 GENERAL FUND CONTINGENCY 217 218 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 219 220 The amount hereinafter named aggregating Four Hundred Seventeen Thousand Nine Hundred Seventy 221 One dollars ($417,971) or so much thereof as may be necessary are hereby appropriated from current 222 revenues and other funds for the use by several departments of the Municipal Government for the 223 fiscal year beginning July 1, 2010 and ending June 30, 2011: 224 225 CASH RECEIPTS 226 2009/10 2010/11 227 REVISED BUDGET 228 BEGINNING BALANCE $ 744,871 $ 394,871 229 INTEREST EARNINGS ‐ 23,100 230 TRANSFER FROM GENERAL FUND ‐ ‐ 231 232 TOTALS $ 744,871 $ 417,971 233 234 EXPENSE SUMMARY 235 2009/10 2010/11 236 REVISED BUDGET 237 TRANSFER TO GENERAL FUND $ 350,000 $ ‐ 238 TRANSFER TO OPEB ‐ ‐ 239 TRANSFER TO LIBRARY FUND ‐ ‐ 240 CARRY FORWARD TO NEXT YEAR 394,871 417,971 241 242 TOTALS $ 744,871 $ 417,971 243 244 The City Manager is hereby authorized, without further approval of the City Council, to make 245 inter‐departmental transfers of up to five percent of the amount hereinafter appropriated to any 246 department except that the City Manager shall not make any transfers prohibited by City 247 Procedure #F306 and/or #F306ADD.

248 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 249 250 GENERAL CAPITAL ASSET REPLACEMENT FUND 251 252 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 253 254 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 255 256 The amount hereinafter named aggregating Two Hundred Fifty Six Thousand Four Hundred Sixty Five 257 dollars ($256,465) or so much thereof as may be necessary are hereby appropriated from current 258 revenues and other funds for the use by several departments of the Municipal Government 259 for the fiscal year beginning July 1, 2010 and ending June 30, 2011: 260 261 CASH RECEIPTS 262 2009/10 2010/11 263 REVISED BUDGET 264 BEGINNING BALANCE $ 241,965 $ 248,965 265 INTEREST EARNINGS 7,000 7,500 266 TRANSFER FROM GOVERNMENTAL CAPITAL FUND ‐ ‐ 267 TRANSFER FROM GENERAL FUND ‐ ‐ 268 269 TOTALS $ 248,965 $ 256,465 270 271 EXPENSE SUMMARY 272 2009/10 2010/11 273 REVISED BUDGET 274 TRANSFER TO GENERAL FUND $ ‐ $ ‐ 275 FOR CAPITAL ITEMS ‐ ‐ 276 TRANSFER TO GOVERNMENTAL CAPITAL FUND ‐ 140,000 277 CARRY FORWARD TO NEXT YEAR 248,965 116,465 278 279 TOTALS $ 248,965 $ 256,465 280 281 The City Manager is hereby authorized, without further approval of the City Council, to make 282 inter‐departmental transfers of up to five percent of the amount hereinafter appropriated to any 283 department except that the City Manager shall not make any transfers prohibited by City 284 Procedure #F306 and/or #F306ADD.

285 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 286 287 MUNICIPAL STREET AID FUND 288 289 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 290 291 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 292 293 The amount hereinafter named aggregating Five Hundred Twenty Seven Thousand Four Hundred Seventy 294 One dollars ($527,471) or so much thereof as may be necessary are hereby appropriated from current 295 revenues and other funds for the use by several departments of the Municipal Government for the 296 fiscal year beginning July 1, 2010 and ending June 30, 2011: 297 298 CASH RECEIPTS 299 2009/10 2010/11 300 REVISED BUDGET 301 BEGINNING BALANCE $ 428 $ 428 302 STATE GRANT ‐ 526,843 303 INTEREST EARNED ‐ 200 304 305 TOTALS $ 428 $ 527,471 306 307 308 BUDGET SUMMARY 309 2009/10 2010/11 310 REVISED BUDGET 311 TRANSFER TO GENERAL FUND $ ‐ $ 526,843 312 CURRENT YEAR BALANCE 428 628 313 314 TOTALS $ 428 $ 527,471 315 316 The City Manager is hereby authorized, without further approval of the City Council, to make 317 inter‐departmental transfers of up to five percent of the amount hereinafter appropriated to any 318 department except that the City Manager shall not make any transfers prohibited by City 319 Procedure #F306 and/or #F306ADD.

320 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 321 322 WATER/WASTEWATER FUND 323 324 REVENUES AND BUDGET FOR 2010‐2011 325 326 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 327 328 The amount hereinafter named aggregating Twelve Million Seven Hundred Thirty Eight Thousand Two Hundred 329 Thirty Seven dollars ($12,738,237) or so much thereof as may be necessary are hereby appropriated from current 330 revenues and other funds for the use by several departments of the Municipal Government for the 331 fiscal year beginning July 1, 2010 and ending June 30, 2011: 332 333 2009/10 2010/11 334 BASE REVENUE REVISED BUDGET 335 PRIOR YEAR BALANCE ‐ WATER $ 659,584 $ 943,545 336 PRIOR YEAR BALANCE ‐ WASTEWATER 327,614 585,053 337 PRIOR YEAR BALANCE ‐ KCSA (397,473) (1,632,876) 338 WATER FEES 4,130,000 4,206,700 339 WASTEWATER FEES 2,700,000 3,308,300 340 WASTEWATER ADJUSTMENT FEES 3,000,000 4,275,600 341 WATER TANK SPACE LEASING 293,669 299,400 342 SEWER IMPACT FEES 320,000 323,000 343 WATER IMPACT FEES 250,000 357,000 344 INTEREST ‐ WATER 900 680 345 INTEREST ‐ WASTEWATER 1,100 835 346 MISCELLANEOUS SERVICE FEE 71,000 71,000 347 REVENUE SUBTOTAL 11,356,394 12,738,237 348 349 GRANTS AND REIMBURSEMENTS 350 STATE REIMBURSEMENT ‐ ‐ 351 GRANT REVENUE ‐ ‐ 352 GRANTS AND REIMBURSEMENTS SUBTOTAL ‐ ‐ 353 354 TRANSFERS FROM 355 TRANSFER FROM CAPITAL ASSET RESERVE ‐ ‐ 356 TRANSFER FROM CONTINGENCY ‐ ‐ 357 TRANSFERS FROM SUBTOTAL ‐ ‐ 358 359 TOTALS $ 11,356,394 $ 12,738,237

360 WATER/WASTEWATER FUND ‐ CONTINUED 361 362 REVENUES AND BUDGET FOR 2010‐2011 363 364 2009/10 2010/11 365 DIRECT EXPENSES REVISED BUDGET 366 ENGINEERING & INSPECTION $ 708,360 $ 642,878 367 WATER CONSTRUCTION 421,040 392,561 368 WATER DEPARTMENT 421,268 412,588 369 WATER TREATMENT PLANT 1,519,732 1,499,857 370 WASTEWATER DEPARTMENT 879,992 969,762 371 METER READING 71,350 ‐ 372 KENT COUNTY TREATMENT CHARGE 4,235,403 4,235,403 373 DIRECT EXPENDITURE SUBTOTAL 8,257,145 8,153,049 374 375 OTHER EXPENSES 376 DEBT SERVICE ‐ WATER 244,000 246,403 377 DEBT SERVICE ‐ WASTEWATER 216,000 316,198 378 RETIREES HEALTH CARE 134,680 177,427 379 INTRAFUND SERVICE FEES 1,250,827 1,272,331 381 OTHER EXPENSES SUBTOTAL 1,845,507 2,012,359 382 383 TRANSFER TO 384 GENERAL FUND FROM WATER 231,459 ‐ 385 GENERAL FUND FROM WASTEWATER 316,561 ‐ 386 WATER IMP AND EXT 500,000 500,000 387 WASTEWATER IMP AND EXT 200,000 500,000 388 TRANSFER TO OPEB ‐ ‐ 389 TRANSFER TO PENSION UNFUNDED LIABILITY ‐ 372,000 390 TRANSFER TO PENSION COLA ‐ ‐ 391 EWER IMPACT FEE RESERVE 104,000 6,802 392 WATER IMPACT FEE RESERVE 6,000 110,597 393 CAPITAL ASSET RESERVE WATER ‐ 100,000 394 CAPITAL ASSET RESERVE WASTEWATER ‐ 100,000 395 TRANSFER TO SUBTOTAL 1,358,020 1,689,399 396 397 CURRENT YEAR BALANCES 398 CURRENT YEAR BALANCE WATER 943,545 1,348,501 399 CURRENT YEAR BALANCE WASTEWATER 585,053 1,127,608 400 CURRENT YEAR BALANCE KCSA (1,632,876) (1,592,679) 401 CURRENT YEAR BALANCE SUBTOTALS (104,278) 883,430 402 403 TOTALS $ 11,356,394 $ 12,738,237 404 405 The City Manager is hereby authorized, without further approval of the City Council, to make 406 inter‐departmental transfers of up to five percent of the amount hereinafter appropriated to any 407 department except that the City Manager shall not make any transfers prohibited by City 408 Procedure #F306 and/or #F306ADD.

409 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 410 411 WATER/WASTEWATER IMPROVEMENT & EXTENSION FUND 412 413 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 414 415 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 416 417 The amount hereinafter named aggregating Five Million Five Hundred Forty Five Thousand Three Hundred Thirty Nine 418 dollars ($5,545,339) or so much thereof as may be necessary are hereby appropriated from current revenues 419 and other funds for the use by several departments of the Municipal Government for the fiscal year beginning 420 July 1, 2010 and ending June 30, 2011: 421 422 CASH RECEIPTS 423 2009/10 2010/11 424 REVISED BUDGET 425 PRIOR YEAR BALANCE ‐ WATER $ 1,631,844 $ 743,431 426 PRIOR YEAR BALANCE ‐ WASTEWATER 625,152 257,168 427 PRIOR YEAR BOND PROCEED BALANCE SERIES 2009 ‐ ‐ 428 PRIOR YEAR BOND PROCEEDS ‐ WASTEWATER ‐ 286,500 429 BOND PROCEEDS ‐ WATER ‐ ‐ 430 BOND PROCEEDS ‐ WASTEWATER ‐ 3,016,200 431 STATE LOAN FUND ‐ WATER 2,404,017 ‐ 432 STATE LOAN FUND ‐ WASTEWATER 5,942,481 ‐ 433 TRANS FR WATER/WASTEWATER FOR WATER 500,000 500,000 434 TRANS FR WATER/WASTEWATER FOR WASTEWATER 200,000 500,000 435 TRANSFER FROM IMPACT FEE RESERVE 518,230 242,040 436 TRANSFER FROM CAPITAL ASSET RESERVE ‐WATER ‐ ‐ 437 TRANSFER FROM CAPITAL ASSET RESERVE ‐WASTEWATER ‐ ‐ 438 MISCELLANEOUS RECEIPTS ‐ ‐ 439 INCOME FROM SALE OF ASSETS ‐ ‐ 440 DEVELOPER CONTRIBUTIONS ‐ ‐ 441 FEDERAL/STATE GRANTS 45,248 ‐ 442 INTEREST INCOME ‐ ‐ 443 444 TOTALS $ 11,866,972 $ 5,545,339 445 446 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 447 448 EXPENSE SUMMARY 449 2009/10 2010/11 450 REVISED BUDGET 451 WATER $ 3,753,430 $ 620,000 452 WASTEWATER 6,787,443 1,560,700 453 WATER TREATMENT PLANT 39,000 ‐ 454 WATER CONSTRUCTION ‐ ‐ 455 ENGINEERING & INSPECTION ‐ ‐ 456 TRANSFER TO IMPACT FEE RESERVE ‐ ‐ 457 CURRENT YEAR BALANCE ‐ WATER BOND ‐ ‐ 458 CURRENT YEAR BALANCE ‐ WASTEWATER BOND 286,500 2,153,140 459 CURRENT YEAR BALANCE ‐ WATER 743,431 623,431 460 CURRENT YEAR BALANCE ‐ WASTEWATER 257,168 588,068 461 462 TOTALS $ 11,866,972 $ 5,545,339 463 464 The City Manager is hereby authorized, without further approval of the City Council, to make 465 inter‐departmental transfers of up to five percent of the amount hereinafter appropriated to any 466 department except that the City Manager shall not make any transfers prohibited by City 467 Procedure #F306 and/or #F306ADD.

468 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 469 470 WATER/WASTEWATER CAPITAL ASSET RESERVE 471 472 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 473 474 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 475 476 The amount hereinafter named aggregating Four Hundred Eighty Seven Thousand Seven Hundred Seventy 477 dollars ($487,770) or so much thereof as may be necessary are hereby appropriated from current revenues 478 and other funds for the use by several departments of the Municipal Government for the fiscal year 479 beginning July 1, 2010 and ending June 30, 2011: 480 481 CASH RECEIPTS 482 2009/10 2010/11 483 REVISED BUDGET 484 BEGINNING BALANCE ‐ WATER $ 205,611 $ 212,603 485 BEGINNING BALANCE ‐ WASTEWATER 64,560 66,767 486 INTEREST EARNINGS ‐ WATER 6,991 6,400 487 INTEREST EARNINGS ‐ WASTEWATER 2,208 2,000 488 TRANSFER FROM WATER/WASTEWATER FUND ‐ 100,000 489 TRANSFER FROM WATER/WASTEWATER CONTINGENCY ‐ 100,000 490 491 TOTALS $ 279,370 $ 487,770 492 493 EXPENSE SUMMARY 494 2009/10 2010/11 495 REVISED BUDGET 496 TRANSFER TO WATER/WASTEWATER I &E FUND $ ‐ $ ‐ 497 TRANSFER TO WASTEWATER I &E FUND ‐ ‐ 498 TRANSFER TO WATER/WASTEWATER ‐ ‐ 499 CARRY FORWARD TO NEXT YEAR WATER 212,603 319,003 500 CARRY FORWARD TO NEXT YEAR WASTEWATER 66,767 168,767 501 502 TOTALS $ 279,370 $ 487,770 503 504 The City Manager is hereby authorized, without further approval of the City Council, to make 505 inter‐departmental transfers of up to five percent of the amount hereinafter appropriated to any 506 department except that the City Manager shall not make any transfers prohibited by City 507 Procedure #F306 and/or #F306ADD.

508 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 509 510 WATER/WASTEWATER CONTINGENCY RESERVE 511 512 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 513 514 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 515 516 The amount hereinafter named aggregating Two Hundred Sixty Eight Thousand One Hundred Eighty Two 517 dollars ($268,182) or so much thereof as may be necessary are hereby appropriated from current revenues 518 and other funds for the use by several departments of the Municipal Government for the fiscal year 519 beginning July 1, 2010 and ending June 30, 2011: 520 521 CASH RECEIPTS 522 2009/10 2010/11 523 REVISED BUDGET 524 PRIOR YEAR BALANCE $ 251,601 $ 260,371 525 INTEREST EARNINGS 8,770 7,811 526 TRANSFER FROM WATER/WASTEWATER ‐ 527 528 TOTALS $ 260,371 $ 268,182 529 530 BUDGET SUMMARY 531 2009/10 2010/11 532 REVISED BUDGET 533 TRANSFER TO WATER $ ‐ $ ‐ 534 TRANSFER TO WASTEWATER ‐ ‐ 535 TRANSFER TO CAPITAL ASSET RESERVE ‐ ‐ 536 CURRENT YEAR BALANCE 260,371 268,182 537 538 TOTALS $ 260,371 $ 268,182 539 540 The City Manager is hereby authorized, without further approval of the City Council, to make 541 inter‐departmental transfers of up to five percent of the amount hereinafter appropriated to any 542 department except that the City Manager shall not make any transfers prohibited by City 543 Procedure #F306 and/or #F306ADD.

544 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 545 546 ELECTRIC REVENUE FUND 547 548 REVENUES AND BUDGET FOR 2010‐2011 549 550 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 551 552 The amount hereinafter named aggregating One Hundred Ten Million One Hundred Eighteen Thousand 553 One Hundred Thirty Three dollars ($110,118,133) or so much thereof as may be necessary are hereby 554 appropriated from current revenues and other funds for the use by several departments of the 555 Municipal Government for the fiscal year beginning July 1, 2010 and ending June 30, 2011: 556 557 2009/10 2010/11 558 REVISED BUDGET 559 BASE REVENUE 560 PRIOR YEAR BALANCE $ 11,415,737 $ 12,086,275 561 DIRECT SALES TO CUSTOMER 95,830,100 96,595,300 562 PURCHASE POWER ADJUSTMENT ‐ (2,000,000) 563 UTILITY TAX 1,850,000 1,864,800 564 GREEN ENERGY 128,600 128,600 565 MISCELLANEOUS REVENUE 891,200 891,200 566 RENT REVENUE 186,816 186,816 567 EMISSION CREDIT SALES 274,000 ‐ 568 TRANSFER FROM RATE STABILIZATION ‐ ‐ 569 INTRAFUND SERVICE RECEIPTS WATER/WASTEWATER 281,828 299,442 570 REIMBURSEMENT OF BOND ISSUANCE COST ‐ ‐ 571 INTEREST EARNINGS 57,000 65,700 572 573 TOTALS $ 110,915,281 $ 110,118,133

574 ELECTRIC REVENUE FUND ‐ CONTINUED 575 576 REVENUES AND BUDGET FOR 2010‐2011 577 578 2009/10 2010/11 579 EXPENSES REVISED BUDGET 580 POWER SUPPLY $ 55,619,481 $ 48,059,699 581 POWER SUPPLY MANAGEMENT 3,000,000 2,280,000 582 PJM CHARGES ‐ LOAD 7,356,438 11,850,876 583 CAPACITY CHARGES 13,456,389 11,618,223 584 RATE STABILIZATION CREDIT ‐ ‐ 585 SUB‐TOTAL POWER SUPPLY 79,432,308 73,808,798 586 PLANT OPERATIONS 5,768,710 5,694,315 587 GENERATIONS FUELS 213,529 297,820 588 PJM CREDITS (520,842) (720,797) 589 CAPACITY CREDITS (12,135,127) (11,488,785) 590 GENERATION SUBTOTAL (6,673,730) (6,217,447) 591 POWER SUPPLY & GENERATION SUBTOTAL 72,758,578 67,591,351 592 593 DIRECT EXPENDITURES 594 TRANSMISSION/DISTRIBUTION 3,215,601 3,206,515 595 ELECTRICAL ENGINEERING 1,359,569 1,842,903 596 ADMINISTRATION 679,558 609,169 597 METER READING 281,614 222,908 598 SYSTEMS OPERATIONS 488,131 518,053 599 UTILITY TAX 1,850,000 1,864,800 600 DIRECT EXPENDITURE SUBTOTALS 7,874,473 8,264,348 601 602 OTHER EXPENSES 603 ALLOW FOR UNCOLLECTIBLES 135,000 135,000 604 RETIREES HEALTH CARE 567,430 639,110 605 GREEN ENERGY PAYMENT TO DEMEC 128,600 128,600 606 INTRAFUND SERVICE FEES 3,379,975 3,374,945 607 INTEREST ON DEPOSITS 54,500 54,500 608 INVENTORY WRITE OFFS 175,000 175,000 609 BOND ISSUANCE COSTS ‐ ‐ 610 POWER SUPPLY STUDY 457,250 ‐ 611 DEBT SERVICE 3,956,600 4,058,700 612 OTHER EXPENSES SUBTOTAL 8,854,355 8,565,855 613 TRANSFER TO 614 IMPROVEMENT & EXTENSION 2,500,000 3,500,000 615 GENERAL FUND 6,758,100 8,856,000 616 TRANSFER TO CONTINGENCY 83,500 ‐ 617 TRANSFER TO PENSION UNFUNDED LIABILITY ‐ 833,000 618 TRANSFER TO PENSION COLA ‐ ‐ 619 TRANSFER TO OPEB ‐ 1,200,000 620 TRANSFER TO DEPRECIATION RESERVE ‐ 1,250,000 621 TRANSFER FUTURE CAPACITY ‐ ‐ 622 RATE STABILIZATION RESERVE ‐ 1,300,000 623 TRANSFER TO SUBTOTAL 9,341,600 16,939,000 624 625 CURRENT YEAR BALANCE 12,086,275 8,757,579 626 627 TOTALS $ 110,915,281 $ 110,118,133 628 629 The City Manager is hereby authorized, without further approval of the City Council, to make 630 inter‐departmental transfers of up to five percent of the amount hereinafter appropriated to any 631 department except that the City Manager shall not make any transfers prohibited by City 632 Procedure #F306 and/or #F306ADD.

633 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 634 635 ELECTRIC UTILITY IMPROVEMENT AND EXTENSION FUND 636 637 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 638 639 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 640 641 The amount hereinafter named aggregating Five Million Two Hundred Twenty Nine Thousand Five Hundred 642 Sixty One dollars ($5,229,561) or so much thereof as may be necessary are hereby appropriated from current 643 revenues and other funds for the use by several departments of the Municipal Government for the fiscal 644 year beginning July 1, 2010 and ending June 30, 2011: 645 646 CASH RECEIPTS 647 2009/10 2010/11 648 REVISED BUDGET 649 PRIOR YEAR BALANCE $ 2,625,760 $ 1,688,861 650 PRIOR YEAR BALANCE BOND 4,240,034 ‐ 651 INTEREST EARNINGS 25,000 40,700 652 INTEREST TRUSTEE 2,599 ‐ 653 INCOME FROM SALE OF ASSETS ‐ ‐ 654 ELECTRIC NEW SERVICE FEES ‐ ‐ 655 RECEIPT FROM DEPRECIATION RESERVE ‐ ‐ 656 RECEIPT FROM FUTURE CAPACITY RESERVE ‐ ‐ 657 DEMA GRANT ‐ ‐ 658 STATE REIMBURSEMENT FOR SR1 &SR9 ‐ ‐ 659 STATE REIMBURSEMENT FOR GOVS AVE 710,318 ‐ 660 STATE GRANTS 105,723 ‐ 661 FEDERAL GRANTS 135,153 ‐ 662 BOND ISSUE 2008 ‐ ‐ 663 664 TRANSFER FROM ELECTRIC 2,500,000 3,500,000 665 666 TOTALS $ 10,344,587 $ 5,229,561 667 668 EXPENSE SUMMARY 669 2009/10 2010/11 670 REVISED BUDGET 671 672 ELECTRIC GENERATION $ 1,576,645 $ 1,480,068 673 TRANSMISSION AND DISTRIBUTION 1,108,147 739,000 674 ELECTRICAL ENGINEERING 5,865,211 1,390,429 675 ADMINISTRATION 105,723 ‐ 676 METER READING ‐ ‐ 677 SYSTEMS OPERATIONS ‐ ‐ 678 TRANSFER TO DEPRECIATION RESERVE ‐ ‐ 679 CURRENT YEAR BALANCE 1,688,861 1,620,064 680 CURRENT YEAR BALANCE ‐BOND ‐ ‐ 681 682 TOTALS $ 10,344,587 $ 5,229,561 683 684 685 The City Manager is hereby authorized, without further approval of the City Council, to make inter‐departmental 686 transfers of up to five percent of the amount hereinafter appropriated to any department except that the City 687 Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD.

688 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 689 690 ELECTRIC UTILITY CONTINGENCY RESERVE 691 692 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 693 694 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 695 696 The amount hereinafter named aggregating One Million Seventy One Thousand Fifty Four dollars 697 ($1,071,054) or so much thereof as may be necessary are hereby appropriated from current revenues 698 and other funds for the use by several departments of the Municipal Government for the fiscal year 699 beginning July 1, 2010 and ending June 30, 2011: 700 701 CASH RECEIPTS 702 2009/10 2010/11 703 REVISED BUDGET 704 BEGINNING BALANCE $ 928,654 $ 1,039,854 705 INTEREST EARNINGS 27,700 31,200 706 TRANSFER FROM INSURANCE STABILIZATION ‐ ‐ 707 TRANSFER FROM ELECTRIC REVENUE 83,500 ‐ 708 709 TOTALS $ 1,039,854 $ 1,071,054 710 711 EXPENSE SUMMARY 712 2009/10 2010/11 713 REVISED BUDGET 714 TRANSFER TO ELECTRIC FUND $ ‐ $ ‐ 715 TRANSFER TO RATE STABILIZATION FUND ‐ ‐ 716 CARRY FORWARD TO NEXT YEAR 1,039,854 1,071,054 717 718 TOTALS $ 1,039,854 $ 1,071,054 719 720 The City Manager is hereby authorized, without further approval of the City Council, to make inter‐ 721 departmental transfers of up to five percent of the amount hereinafter appropriated to any department 722 except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD.

723 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 724 725 ELECTRIC UTILITY DEPRECIATION RESERVE 726 727 SOURCES AND USE OF FUNDS FOR 2010‐2011 728 729 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 730 731 The amount hereinafter named aggregating Nine Million Five Hundred Seventy Two Thousand 732 Three Hundred Ninety dollars ($9,572,390) or so much thereof as may be necessary are hereby 733 appropriated from current revenues and other funds for the use by several departments of the 734 Municipal Government for the fiscal year beginning July 1, 2010 and ending June 30, 2011: 735 736 CASH RECEIPTS 737 2009/10 2010/11 738 REVISED BUDGET 739 PRIOR YEAR BALANCE $ 7,789,990 $ 8,079,990 740 RECEIPT FROM ELECTRIC REVENUE FUND ‐ 1,250,000 741 INTEREST EARNINGS 290,000 242,400 742 743 TOTALS $ 8,079,990 $ 9,572,390 744 745 BUDGET SUMMARY 746 2009/10 2010/11 747 REVISED BUDGET 748 TRANSFER TO IMPROVEMENT AND EXTENSION $ ‐ $ ‐ 749 TRANSFER TO INSURANCE STABILIZATION ‐ ‐ 750 FOR CAPITAL ITEMS ‐ ‐ 751 CURRENT YEAR BALANCE 8,079,990 9,572,390 752 753 TOTALS $ 8,079,990 $ 9,572,390 754 755 The City Manager is hereby authorized, without further approval of the City Council, to make inter‐ 756 departmental transfers of up to five percent of the amount hereinafter appropriated to any department 757 except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD.

758 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 759 760 ELECTRIC UTILITY FUTURE CAPACITY RESERVE 761 762 SOURCES AND USE OF FUNDS FOR 2010‐2011 763 764 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 765 766 The amount hereinafter named aggregating Nine Million Two Hundred Ninety Four Thousand Five Hundred Sixty 767 Three dollars ($9,294,563) or so much thereof as may be necessary are hereby appropriated from current revenues 768 and other funds for the use by several departments of the Municipal Government for the fiscal year 769 beginning July 1, 2010 and ending June 30, 2011: 770 771 CASH RECEIPTS 772 2009/10 2010/11 773 REVISED BUDGET 774 PRIOR YEAR BALANCE $ 8,763,863 $ 9,023,863 775 RECEIPT FROM ELECTRIC REVENUE FUND ‐ ‐ 776 INTEREST EARNINGS 260,000 270,700 777 778 TOTALS $ 9,023,863 $ 9,294,563 779 780 BUDGET SUMMARY 781 2009/10 2010/11 782 REVISED BUDGET 783 TRANSFER TO IMPROVEMENT AND EXTENSION $ ‐ $ ‐ 784 CURRENT YEAR BALANCE 9,023,863 9,294,563 785 786 TOTALS $ 9,023,863 $ 9,294,563 787 788 The City Manager is hereby authorized, without further approval of the City Council, to make inter‐ 789 departmental transfers of up to five percent of the amount hereinafter appropriated to any department 790 except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD.

791 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 792 793 ELECTRIC UTILITY INSURANCE STABLIZATION RESERVE 794 795 SOURCES AND USE OF FUNDS FOR 2010‐2011 796 797 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 798 799 The amount hereinafter named aggregating Four Hundred Eight Thousand Five Hundred Three dollars 800 ($408,503) or so much thereof as may be necessary are hereby appropriated from current revenues 801 and other funds for the use by several departments of the Municipal Government for the fiscal year 802 beginning July 1, 2010 and ending June 30, 2011: 803 804 CASH RECEIPTS 805 2009/10 2010/11 806 REVISED BUDGET 807 PRIOR YEAR BALANCE $ 385,103 $ 396,603 808 RECEIPT FROM ELECTRIC REVENUE FUND ‐ ‐ 809 RECEIPT FROM ELECTRIC DEPRECIATION RESERVE FUND ‐ ‐ 810 INTEREST EARNINGS 11,500 11,900 811 812 TOTALS $ 396,603 $ 408,503 813 814 BUDGET SUMMARY 815 2009/10 2010/11 816 REVISED BUDGET 817 TRANSFER TO ELECTRIC REVENUE CONTINGENCY $ ‐ $ ‐ 818 CURRENT YEAR BALANCE 396,603 408,503 819 820 TOTALS $ 396,603 $ 408,503 821 822 The City Manager is hereby authorized, without further approval of the City Council, to make inter‐ 823 departmental transfers of up to five percent of the amount hereinafter appropriated to any department 824 except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD.

825 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 826 827 ELECTRIC UTILITY RATE STABLIZATION RESERVE 828 829 SOURCES AND USE OF FUNDS FOR 2010‐2011 830 831 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 832 833 The amount hereinafter named aggregating Six Million One Hundred Seventy One Thousand Twenty Seven 834 dollars ($6,171,027) or so much thereof as may be necessary are hereby appropriated from current revenues 835 and other funds for the use by several departments of the Municipal Government for the fiscal year 836 beginning July 1, 2010 and ending June 30, 2011: 837 838 CASH RECEIPTS 839 2009/10 2010/11 840 REVISED BUDGET 841 PRIOR YEAR BALANCE $ 4,652,527 $ 4,729,127 842 RECEIPT FROM ELECTRIC REVENUE FUND ‐ 1,300,000 843 RECEIPT FROM ELECTRIC CONTINGENCY ‐ ‐ 844 INTEREST EARNINGS 76,600 141,900 845 846 TOTALS $ 4,729,127 $ 6,171,027 847 848 BUDGET SUMMARY 849 2009/10 2010/11 850 REVISED BUDGET 851 TRANSFER TO ELECTRIC FUND $ ‐ $ ‐ 852 853 CURRENT YEAR BALANCE 4,729,127 6,171,027 854 855 TOTALS $ 4,729,127 $ 6,171,027 856 857 The City Manager is hereby authorized, without further approval of the City Council, to make inter‐ 858 departmental transfers of up to five percent of the amount hereinafter appropriated to any department 859 except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD.

860 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 861 862 WORKERS COMPENSATION FUND 863 864 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 865 866 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 867 868 The amount hereinafter named aggregating Two Million Fifty Two Thousand Nine Hundred Seventeen dollars 869 ($2,052,917) or so much thereof as may be necessary are hereby appropriated from current revenues 870 and other funds for the use by several departments of the Municipal Government for the fiscal year 871 beginning July 1, 2010 and ending June 30, 2011: 872 873 OPERATING REVENUES 874 2009/10 2010/11 875 REVISED BUDGET 876 PRIOR YEAR BALANCE $ 1,278,611 $ 1,342,387 877 INTEREST INCOME 40,000 40,000 878 PREMIUM FROM CITY 634,149 670,530 879 INSURANCE REFUND 3,392 ‐ 880 TRANSFER FROM GENERAL ‐ ‐ 881 TRANSFER FROM WATER/WASTEWATER ‐ ‐ 882 TRANSFER FROM ELECTRIC ‐ ‐ 883 884 TOTALS $ 1,956,152 $ 2,052,917 885 886 OPERATING EXPENSES 887 2009/10 2010/11 888 REVISED BUDGET 889 PROGRAM EXPENSES/SUPPLIES ‐ CLAIMS $ 450,000 $ 450,000 890 INSURANCE 93,400 93,400 891 BANK FEES ‐ ‐ 892 STATE OF DEL ‐ SELF INSURANCE TAX 35,365 37,000 893 CONTRACTUAL SERVICES 35,000 32,000 894 TRANSFER TO PENSION FUND ‐ ‐ 895 TRANSFER TO GENERAL FUND FOR RETIREES ‐ ‐ 896 897 TOTAL EXPENSES 613,765 612,400 898 899 CURRENT YEAR BALANCE 1,342,387 1,440,517 900 901 TOTALS $ 1,956,152 $ 2,052,917 902 903 The City Manager is hereby authorized, without further approval of the City Council, to make inter‐ 904 departmental transfers of up to five percent of the amount hereinafter appropriated to any department 905 except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD.

906 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 907 908 COMMUNITY TRANSPORTATION IMPROVEMENT FUND 909 910 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 911 912 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 913 914 The amount hereinafter named aggregating One Million Three Hundred Two Thousand Eight Hundred 915 dollars ($1,302,800) or so much thereof as may be necessary are hereby appropriated from current revenues 916 and other funds for the use by several departments of the Municipal Government for the 917 fiscal year beginning July 1, 2010 and ending June 30, 2011: 918 919 OPERATING REVENUES 920 2009/10 2010/11 921 REVISED BUDGET 922 PRIOR YEAR BALANCE $ 270,803 $ 100,913 923 GRANTS REVENUE 1,000,000 1,000,000 924 TRANSFER FROM GENERAL ‐ 300,000 925 INTEREST INCOME 2,800 2,800 926 927 TOTALS $ 1,273,603 $ 1,403,713 928 929 OPERATING EXPENSES 930 2009/10 2010/11 931 REVISED BUDGET 932 PROGRAM EXPENSES $ 1,172,690 $ 1,300,000 933 OPERATING TRANSFERS OUT ‐ ‐ 934 935 CURRENT YEAR BALANCE 100,913 103,713 936 937 TOTALS $ 1,273,603 $ 1,403,713 938 939 The City Manager is hereby authorized, without further approval of the City Council, to make inter‐ 940 departmental transfers of up to five percent of the amount hereinafter appropriated to any department 941 except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD.

942 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 943 944 PARKLAND/RECREATION RESERVE 945 946 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 947 948 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 949 950 The amount hereinafter named aggregating One Hundred Eighty Five Thousand Forty Five dollars 951 ($185,045) or so much thereof as may be necessary are hereby appropriated from current revenues 952 and other funds for the use by several departments of the Municipal Government for the fiscal 953 year beginning July 1, 2010 and ending June 30, 2011: 954 955 OPERATING REVENUES 956 2009/10 2010/11 957 REVISED BUDGET 958 PRIOR YEAR BALANCE $ 218,245 $ 178,245 959 GENERAL FUND APPROPRIATION ‐ ‐ 960 PAYMENT IN LIEU OF PARKLAND ‐ ‐ 961 TRANSFER FROM LIBRARY RESERVE ‐ ‐ 962 TRANSFER FROM CTF ‐ ‐ 963 INTEREST INCOME ‐ 6,800 964 965 TOTALS $ 218,245 $ 185,045 966 967 OPERATING EXPENSES 968 2009/10 2010/11 969 REVISED BUDGET 970 TRANSFER TO GENERAL CAPITAL PROJECTS FUND $ 40,000 $ ‐ 971 972 CURRENT YEAR BALANCE 178,245 185,045 973 974 TOTALS $ 218,245 $ 185,045 975 976 The City Manager is hereby authorized, without further approval of the City Council, to make inter‐ 977 departmental transfers of up to five percent of the amount hereinafter appropriated to any department 978 except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD.

979 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 980 981 LIBRARY RESERVE 982 983 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 984 985 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 986 987 The amount hereinafter named aggregating Three Million Five Hundred Eighty Seven Thousand Two Hundred Five 988 dollars ($3,587,205) or so much thereof as may be necessary are hereby appropriated from current revenues 989 and other funds for the use by several departments of the Municipal Government for the fiscal year 990 beginning July 1, 2010 and ending June 30, 2011: 991 992 OPERATING REVENUES 993 2009/10 2010/11 994 REVISED BUDGET 995 PRIOR YEAR BALANCE $ 3,554,078 $ 3,477,305 996 GENERAL FUND APPROPRIATION ‐ ‐ 997 TRANSFER FROM GENERAL CONTINGENCY ‐ ‐ 998 INTEREST INCOME 101,133 109,900 999 1000 TOTALS $ 3,655,211 $ 3,587,205 1001 1002 OPERATING EXPENSES 1003 2009/10 2010/11 1004 REVISED BUDGET 1005 TRANSFER TO PARKLAND RESERVE $ ‐ $ ‐ 1006 TRANSFER TO CAPITAL PROJECT FUND 177,906 2,343,519 1007 TRANSFER TO GENERAL FUND ‐ ‐ 1008 1009 CURRENT YEAR BALANCE 3,477,305 1,243,686 1010 1011 TOTALS $ 3,655,211 $ 3,587,205 1012 1013 The City Manager is hereby authorized, without further approval of the City Council, to make inter‐ 1014 departmental transfers of up to five percent of the amount hereinafter appropriated to any department 1015 except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD.

1016 2010‐2011 BUDGET ORDINANCES ‐ CONTINUED 1017 1018 LIBRARY GRANTS 1019 1020 CASH RECEIPTS/REVENUES AND BUDGET FOR 2010‐2011 1021 1022 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1023 1024 The amount hereinafter named aggregating Two Hundred Seventy Eight Thousand Eight Hundred Eighty Seven 1025 dollars ($278,887) or so much thereof as may be necessary are hereby appropriated from current revenues 1026 and other funds for the use by several departments of the Municipal Government for the fiscal year 1027 beginning July 1, 2010 and ending June 30, 2011: 1028 1029 OPERATING REVENUES 1030 2009/10 2010/11 1031 REVISED BUDGET 1032 PRIOR YEAR BALANCE $ 16,336 $ 16,336 1033 STATE GRANT 247,801 259,801 1034 FEDERAL GRANT ‐ 2,750 1035 INTEREST INCOME ‐ ‐ 1036 1037 TOTALS $ 264,137 $ 278,887 1038 1039 OPERATING EXPENSES 1040 2009/10 2010/11 1041 REVISED BUDGET 1042 FURNITURE/FIXTURES $ ‐ 1043 PROGRAM EXPENSES/SUPPLIES 41,935 41,935 1044 BOOKS 107,216 119,216 1045 COMPUTER SOFTWARE ‐ ‐ 1046 COMPUTER HARDWARE ‐ ‐ 1047 AUDIO VISUAL SUPPLIES 55,000 55,000 1048 ADVERTISEMENT ‐ 1049 TRAINING/CONF/FOOD/TRAV 5,000 5,000 1050 CONSULTING FEES ‐ 1051 CONTRACTUAL SERVICES 18,650 18,650 1052 OFF EQUIP/REPAIRS & MAINT ‐ ‐ 1053 OTHER EQUIP ‐ PURCHASE ‐ ‐ 1054 COMPUTER SOFTWARE ‐ ‐ 1055 COMPUTER HARDWARE 20,000 20,000 1056 SUBTOTAL EXPENSES STATE GRANTS 247,801 259,801 1057 1058 FEDERAL GRANTS 1059 PROGRAM EXPENSES/SUPPLIES ‐ 2,750 1060 BOOKS ‐ ‐ 1061 TELEPHONE/FAX ‐ ‐ 1062 ADVERTISEMENT ‐ ‐ 1063 TRAINING/CONF/FOOD/TRAV ‐ ‐ 1064 SUBTOTAL EXPENSES FEDERAL GRANTS ‐ 2,750 1065 1066 CURRENT YEAR BALANCE 16,336 16,336 1067 1068 TOTALS $ 264,137 $ 278,887 1069 1070 The City Manager is hereby authorized, without further approval of the City Council, to make inter‐ 1071 departmental transfers of up to five percent of the amount hereinafter appropriated to any department 1072 except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 1073 Adopted: July 12, 2010

EXHIBIT #9 Regular Council Meeting of 07/12/2010 CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: APRIL 1, 2010 APPLICATION: REQUEST FOR STREET & ALLEY ABANDONMENT: PORTIONS OF NORTH BRADFORD STREET, FULTON STREET, CECIL STREET AND ALLEYS FILE #: MI-10-06 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / WATER / WASTEWATER / STORMWATER 1. All public electric, water, wastewater and storm sewer infrastructure must be located within a public utility easement or right-of-way. As such the “Recommendations Suggested as Conditions of Approval to Meet Code Objectives” should be required in order to consider the abandonment of the streets and alleys requested by the applicant. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / STORMWATER 1. Permanent public utility easements must be provided to allow for the operation, maintenance, repair, replacement, etc. of all electric, water, wastewater and storm sewer infrastructure. Based upon available records, infrastructure is located within the proposed seven (7) areas as follows: a. Area #1: electric, storm sewer b. Area #2: electric c. Area #3: electric, water, wastewater d. Area #4: electric, water, wastewater (under no means shall the electric lines in the area be relocated underground) e. Area #5: electric, water, wastewater, storm sewer f. Area #6: electric, water, wastewater g. Area #7: electric, wastewater 2. All electric, water, wastewater and storm sewer infrastructure, within each area, shall be field located / verified and surveyed prior to developing the necessary public utility easements. 3. No temporary or permanent structures, including signage or stormwater management areas, shall be placed within the easement areas established. 4. Vehicular access shall be provided to allow for the operation, maintenance, repair, replacement, etc. of all electric, water, wastewater and storm sewer infrastructure.

Request for Street and Alley Abandonment: Portions of North Bradford Street, Fulton Street, Cecil Street and Alleys File #: MI-10-06 April 1, 2010 Page 2 of 2 5. In the event it is determined feasible that any of the utilities could be relocated, the applicant will be responsible for all costs associated with doing so. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. The Public Utilities Department has pole attachment leases with both phone and cable on some of the phone lines. WATER / WASTEWATER / STORMWATER 1. None. GENERAL 1. It should be noted that other, non-City of Dover utilities may be located within the existing right-of-ways, such as gas and communications, for which the applicant will be required to provide easements and meet other requirements as well. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: March 30, 2010 T =============================================================== APPLICATION: Request for Street and Alley Abandonment: Portions of North Bradford Street, Cecil Street, and Alleys FILE#: MI-10-06 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. The applicant will need to work and coordinate with DelDOT on a study of the streets and alleys closings. The applicant will need to provide the necessary traffic counts to DelDOT in order to create a Synchro Model of the streets and alleys closing for analysis and impact in the area. The result of the improvements contained in the study will be implemented per DelDOT's discretion. Please, contact Mr. Bruce Allen at (302) 760-2135 or via e-mail at Bruce.Allen@state.de.us to coordinate the basis and criteria of the analysis. 2. No direct access will be granted to the individual parcels on S. Governors Avenue and S. State Street, which will be affected by the streets and alleys closings. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

K CITY OF DOVER E C DEVELOPMENT ADVISORY COMMITTEE NO D APPLICATION REVIEW COMMENTARY T N I STAFF MEETING DATE: April 1, 2010 S S E T R R V I A C APPLICATION: Road Abandonment Request T T FILE #: MI-10-06 REVIEWING AGENCY: Kent Conservation District I O N CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to the road abandonment of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project. • A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet.

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: D S O H V A E L R APPLICATION: Wesley College Street abandonment FILE #:MI-10-06 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: David Truax, Fire Marshal PHONE #: (302) 736-7011 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: Once streets are closed, need better design information as to size of drive ails that will replace streets. And what means will be used to keep traffic off the closed streets. Show location of FDC’s for each building effected. Project to be completed per approved Site Plan. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. The proposed building will be reviewed under Occupancy.

The City of Dover uses the 2003 NFPA Life Safety Code, 2003 IBC, latest editions of all other NFPA Codes and the 2006 Delaware State Fire Prevention Regulations. The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.