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REGULAR COUNCIL MEETING AGENDA REVISED 07/22/2010 TO AMEND ITEM #11-B July 26, 2010 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE AGENDA ADDITIONS/DELETIONS * CONSENT AGENDA Those items on the Council Agenda which are considered routine and non-controversial shall be marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. * 1. Adoption of Minutes - Regular Council Meeting of July 12, 2010 2. Certificates of Recognition - Support of Woodcrest Apartment Fire Victims 3. Request for Withdrawal of Rezoning Application - Properties located at 217 and 223 McKee Road, owned by Mor-Kath-Ric, LLC, consisting of 1.12+/- acres. The property is currently zoned R-7 (One Family Residence) and subject to COZ-1 (Corridor Overlay Zone). The proposed zoning is RM-1 (Medium Density Residence) and subject to COZ-1 (Corridor Overlay Zone). (Ordinance #2010-16; Tax Parcels: ED05-067.15-02-02.00-000 and ED-05-067.15-02-01.00-000; Planning Reference: Z-10-06; Council District: Fourth) (The First Reading of Proposed Ordinance #2010-16 Was Accomplished During the Council Meeting of May 24, 2010. This Item Was Postponed by the Planning Commission During Their Meeting of June 21, 2010. On July 12, 2010, City Council Rescheduled the Public Hearing for September 13, 2010.) * 4. Parks, Recreation, and Community Enhancement Committee Report - July 12, 2010 A. Active Recreation Plan Review: The Arbors - 1051 College Road (C-10-02) (Committee Recommended Approval of the Active Recreation Plan Review) B. Request of Maple Glen Homeowners Association to Amend Active Recreation Area (Committee Recommended Approval of the Request of the Maple Glen Homeowners Association to Amend the Active Recreation Area, as Stipulated in Their Letter of Request) C. Semi-Annual Report - Statistics Regarding Jobs and Businesses Gained and Lost in the City of Dover Since July 2009 (Committee Recommended Acceptance of the Report) D. Updates (Committee Action Not Required)

Council Agenda for July 26, 2010 Page 2 * 5. Utility Committee Report - July 12, 2010 A. Briefing on State Energy Bills (Committee Recommended Acceptance of the Report) B. Review of Utility Related CIP's (Electric and Water/Wastewater) (Committee Recommended Acceptance of the Report) C. PACE/NAES Monthly Report (May) (Committee Recommended Acceptance of the Report) * 6. Legislative, Finance, and Administration Committee Report - July 12, 2010 A. Review and Recommendation - Filling Critical Positions a-1. Police Officer (Committee Recommended Approval to Recruit for Police Officer Position) a-2. Police Dispatcher (Committee Recommended Approval to Recruit for Police Dispatcher Position) B. Proposed Resolution in Support of the Local Jobs for America Act (Committee Deferred Consideration of the Resolution Until the Meeting of July 26, 2010) C. Actuary Services Contract - Pension and Other Post Employment Benefits (OPEB) (Committee Recommended that the Contract for Pension and Other Post Employment Actuarial Services and Benefits Consulting for FY 2011 - FY 2016, in the Amount of $62,000, Be Awarded to Milliman, Inc.) 7. Legislative, Finance, and Administration Committee Report - July 26, 2010 (Except for the following time sensitive issue, the LF&A Committee Report from July 26, 2010 will be presented to Council during their Regular M eeting of August 9, 2010 for Council’s review and consideration) A. Proposed Resolution 2010-08 In Support of the Local Jobs Act 8. Monthly CIP Report - May 2010 9. Evaluation of Bids A. System Control and Data Acquisition (SCADA) Maintenance Contract B. Sanitary Sewer Main Relining (Inflow and Infiltration Removal) 10. Approval of Contracts - Delaware Solid Waste Authority (DSWA) - Municipal Discount Disposal Fee and Recyclable Material Agreements * 11. Human Relations Commission Appointments/Reappointments A. Appointment Recommended by Mayor Carey - Maisha Britt (To Fill Expired Term of Brian E. Lewis - Term to Expire February 2013) B. Appointments Recommended by Council President Hogan - Three Year Terms to Expire February 2013 b-1. Phyllis Edamatsu (Reappointment) b-2. Paul Fleming (Reappointment) b-3. Catherine M. Gregory (To Fill the Expired Term of Samuel Hoff) b-4. Willie E. Jones (To Fill the Expired Term of Gregory Bunkley) C. Appointment Recommended by Council President Hogan - Anlee Baccio-Walker - Three Year Term to Expire February 2011 (To Fill the Unexpired Term of Saundra Sutton)

Council Agenda for July 26, 2010 Page 3 * 12. Resolution No. 2010-06 Authorizing Controller/Treasurer and Assistant Treasurers to Disburse Funds 13. Final Reading - Proposed Ordinance The First Reading of the following proposed ordinance was accomplished during the Council Meeting of July 12, 2010. Copies of the proposed ordinance are available at the entrance of the Council Chambers. A. Proposed Ordinance #2010-22 - Amending Chapter 18 - Animals, Section 18-16 - Keeping Bees 14. Council Members Announcements /tm S:\AGENDAS & MINUTES\Council-Agendas\2010\07-26-2010 REVISED.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

REGULAR COUNCIL MEETING The Regular Council Meeting was held on 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

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 2 WHEREAS, due to the teamwork and the commitment of our employees, the citizens of Dover 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 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 4 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 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.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 5 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. 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.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 6 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. (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:

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 7 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. 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.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 8 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 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.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 9 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 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.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 10 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 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 11 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 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

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 12 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 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.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 13 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 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”.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 14 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 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.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 15 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 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

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 16 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 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 1½ 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.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 17 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. 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:

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 18 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 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 19 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 11,650 square feet (0.267 acres) more or less.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 20 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 21 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 is not known at this time, she assured members that seven (7) year financing is normal practice when financing fire apparatus.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 22 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. 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.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 23 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. 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.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 24 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. 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.

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 25 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 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).

CITY COUNCIL MEETING OF JULY 12, 2010 PAGE 26 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 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 27 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 S:\AGENDAS & MINUTES\Council-Minutes\2010\07-12-2010 Council.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

Certificate of Recognition On behalf of the City of Dover we would like to recognize all of the individuals, businesses and organizations in the Greater Dover Area, who were incredibly generous in the giving of donations to aid in helping the victims of the Woodcrest Apartment fire. We should all feel proud of living in a community where people come together in such dire times. The outpouring of donations was astronomical, and continued on for weeks to follow. Thank you again for making Dover a place where people want to live. ___________________________ _________________________ Carleton E. Carey, Sr. Kenneth L. Hogan Mayor Council President

Certificate of Recognition WHEREAS, in a society where things can change so rapidly, the importance of community involvement remains constant; and WHEREAS, affectionate, caring people are essential to the growth and development of a community and we recognize the leaders who stand out amongst us as the basis of our City’s strength and morality; and WHEREAS, the Capital School District’s continued to support to the community in aiding with a shelter in the time of need; most recently being the fatal fire at the Woodcrest Arms Apartments. We appreciate the dedication of Gene Montano, William Cintron and Kevin Fountain who aided our employees in helping run a shelter that made the victims feel as welcome and comfortable as possible in their time of sorrow and fear. NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE would like to recognize Gene Montano William Cintron Kevin Fountain of Dover High School in the Capital School District for their outstanding participation and community involvement during a tragic time of need. ___________________________ ____________________________ Carleton E. Carey, Sr. Kenneth L. Hogan Mayor Council President

Certificate of Recognition WHEREAS, in a society where things can change so rapidly, the importance of volunteering in a community remains constant; and WHEREAS, dedicated, giving people are essential to the well being of any community, we want to recognize Rick Gould, Executive Director of the YMCA as a leader that stands out amongst many and the numerous volunteers who aided the efforts; and WHEREAS, the support you offered to the city to aid in the organization and distribution of donations from our community during the days following the fatal fire at the Woodcrest Arms Apartments was sincerely appreciated. We are grateful to you, your staff, volunteers and members of the YMCA that participated. NOW, THEREFORE, THE MAYOR and COUNCIL OF THE CITY OF DOVER, DELAWARE would like to recognize Rick Gould YMCA Volunteers for your outstanding participation and community involvement during a tragic time of need. ___________________________ _________________________ Carleton E. Carey, Sr. Kenneth L. Hogan Mayor Council President

Certificate of Recognition WHEREAS, in a society where the unexpected can change our day so quickly, the importance of your position as Emergency Management Coordinator remains constant; and WHEREAS, dedicated employees are essential to the well being of any organization, particularly to our own municipality, where so many rely upon our services for daily living and education; and WHEREAS, the support you offered to the victims during the day of and those following the fatal fire at the Woodcrest Arms Apartments was sincerely appreciated. For making those at the shelter feel welcome to assisting in distribution of supplies to the victims. We thank you. NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE would like to recognize Wayne Hutchison for your outstanding participation and community involvement during a tragic time of need. ___________________________ _________________________ Carleton E. Carey, Sr. Kenneth L. Hogan Mayor Council President

Certificate of Recognition WHEREAS, Woodcrest Arms Apartments experienced a tragic, fatal fire on June 6, 2010, resulting in injuries and the displacement of many residents; and WHEREAS, Kay Dietz-Sass, Public Affairs Coordinator for the City of Dover, provided immediate aid and support to victims at the scene of the fire and began the process of establishing a shelter; and WHEREAS, Kay Dietz-Sass coordinated ongoing efforts within the local community to gather food, arrange permanent housing, replace household goods, and collect monetary donations to address the needs of the fire victims; and WHEREAS, Kay Dietz-Sass has maintained personal contact with those affected by the fire to ensure that they are well cared for. NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER would like to recognize Kay Dietz-Sass for her outstanding participation and community involvement during a tragic time of need. CARLETON E. CAREY, SR. KENNETH L. HOGAN MAYOR COUNCIL PRESIDENT

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT The Parks, Recreation, and Community Enhancement Committee meeting was held on July 12, 2010, at 12:00 noon with Chairwoman Russell presiding. Members present were Mr. Ruane, Mr. McGlumphy, and Mrs. Horsey. Mr. Lewis was absent. AGENDA ADDITIONS/DELETIONS Mr. McGlumphy moved for approval of the agenda, seconded by Mr. Ruane and unanimously carried. Active Recreation Plan Review: The Arbors - 1051 College Road (C-10-02) Members were provided the Active Recreation Area Plan for the Arbors Condominiums located at 1051 College Road for their review and recommendation as a part of the Conditional Use Site Development Plan. The Conditional Use Site Plan is to permit the construction of an apartment/condominium building with a total of 48 units. This parcel has been subject to several previous applications. The most recent application for development was C-07-05, which proposed a Planned Neighborhood Design for a Senior Housing Option. The Recreation Plan, as submitted with the current application, differs significantly from previous applications. This parcel was subject to a recent rezoning (Z-09-05), changing the zoning of the property from R-8 (One Family Residence Zone) to RG-2 (General Residence Zone). Mr. Michael Albert, Planner II, advised members that the subject property consists of one (1) parcel of land totaling 4.32+/- acres. He explained that the Active Recreation Area is located in two (2) distinct locations within the site, and proposed amenities include a gazebo/picnic/tot-lot playground area, as well as a walking path. Staff submitted the following recommendations and comments regarding the Active Recreation Area Plan: 1. The proposed plan meets the area requirements for the Active Recreation Area. The plan is required to provide 10,000 S.F. of Active Recreation Area and it is proposing 10,600 S.F. of Active Recreation Area. 2. Staff recommended approval of the proposed Active Recreation plan. The site must cater to a wide variety of people and must provide recreation opportunities for them on a relatively small lot. The combination of a walking path to College Road and the sitting/picnic facilities provides opportunities for adults. The tot-lot playground caters to children who may reside in the apartment building as well. 3. The following items should be included on the Plan to clarify the construction of the recreation area improvements: a. Provide lighting around the Active Recreation Areas. b. Provide trash disposal/collection for the playground area. 4. The tot-lot playground should be geared towards children aged 5-12 in order to allow for the greatest usage of the area among residents.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF JULY 12, 2010 PAGE 2 5. The applicant was reminded of the requirements for construction phasing of the recreation area, as associated with the development of the residential units. Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met. 6. There shall be provisions which ensure that the common open space land (including Active Recreation Area) shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space, i.e., a Homeowners Association. The organization shall be responsible for maintenance, insurance, and taxes on the common open space. a. Add a note on the Site Plan regarding who is responsible for maintenance, insurance, and taxes on the common open space. 7. In the event that major changes and revisions to the Conditional Use Site Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reorientation of buildings, relocation of site components like stormwater management areas, and increases in floor area. These changes may require resubmission for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. In response to Mr. Ruane, Mr. Greg Rishel, Pennoni Associates, advised members that the applicant is aware of the recommendations submitted by staff. Mr. Jordan Ashburn, Ashburn Homes, indicated no objections to these recommendations. Mr. McGlumphy moved to recommend approval of the Active Recreation Plan Review for The Arbors - 1051 College Road, as recommended by staff. The motion was seconded by Mrs. Horsey and unanimously carried. Request of Maple Glen Homeowners Association to Amend Active Recreation Area Members were advised that the Planning Office received a letter from the Maple Glen Homeowners Association requesting permission to remove the playground equipment in the subdivision and replace it with a picnic/cook-out area and horseshoe pits. The horseshoe pits are already installed. Because the Active Recreation Area is part of the approved subdivision, the requested change must be reviewed by the Parks, Recreation, and Community Enhancement Committee and ultimately approved by the Planning Commission.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF JULY 12, 2010 PAGE 3 Members were provided a copy of a letter from Ms. Carolyn Akin, Vice-President of the Maple Glen Homeowners Association, explaining the reasons for requesting the amendment to the Active Recreation Area for Maple Glen. On behalf of the Association, Mrs. Laura Shernofsky advised members that the request is being made since the demographics of the neighborhood no longer support the need for the playground equipment for 3-5 year olds and due to the high costs of maintaining the equipment. In its place, she stated that the Homeowners Association would like to create an area for cookouts that would facilitate community gatherings. To this end, the homeowners have already relocated a table and bench to the park area and have voluntarily financed the building and installation of a horseshoe pit adjacent to the table and bench. In addition, Mrs. Shernofsky advised members that the homeowners have discussed the possibility of installing shuffleboard courts when it is financially feasible. She stated that the Maple Glen Homeowners Association requested permission to remove the playground equipment, level and seed the area, and, when their financial situation will allow, install a permanent picnic grill in the area, and she inquired if these changes would suffice as a recreational component for the community. Staff provided members a summary of the Active Recreation Plan that was approved by the Planning Commission as part of the Subdivision Plan in 2002. Responding to Mr. Ruane, Mrs. Townshend, Director of Planning and Community Development, stated that staff supports the request with the stipulation that the homeowners take the actions they have indicated. Mr. McGlumphy moved to recommend approval of the request of Maple Glen Homeowners Association to amend the Active Recreation Area, as stipulated in their letter of request. The motion was seconded by Mrs. Horsey. In response to Mr. Ruane, Mrs. Townshend stated that, to her knowledge, this is the first request for an amendment to an Active Recreation Area. She stated that the Dover Code is not prescriptive regarding the handling of changes to approved recreational areas; however, she stated that the Code is specific that such areas are a part of the Subdivision Plan and that homeowners associations are required to maintain these areas in perpetuity. As a result, she felt that it was necessary to bring this request through the process utilized for approval of the Active Recreation Area. Mr. Ruane noted that the demographics of neighborhoods change constantly and, although he understood the reasons for the request, he relayed concern with the lack of guidance for the process and its effect on future neighborhood associations. Responding to Mr. McGlumphy, Mr. Zachery Carter, Director of Parks and Recreation, stated that the requirement for maintaining such areas in perpetuity refers to the requirement that the land remain as open space. Clarifying, Mrs. Townshend stated that the Code indicates that improvements are required to be maintained by the homeowners association and does not provide guidance regarding improvements which no longer suit a community’s needs.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF JULY 12, 2010 PAGE 4 Mrs. Horsey felt that the Committee should be flexible in allowing homeowners associations to make these types of determinations if they are willing to finance and maintain such changes. She suggested that staff review the Code to determine if an amendment is required. Responding to Mr. Ruane, Mr. Phillip Shernofsky, President of Maple Glen Homeowners Association, stated that the issue was discussed at an annual general membership meeting, which was open to all homeowners. At that time, one (1) of the families with younger children suggested the amendment. Mr. Shernofsky assured members that a majority of the homeowners support the proposed amendment. The motion recommending approval of the request of the Maple Glen Homeowners Association to amend the Active Recreation Area, as stipulated in their letter of request, was carried, with Mr. Ruane voting no. Semi-Annual Report - Statistics Regarding Jobs and Businesses Gained and Lost in the City of Dover Since July 2009 Mr. William Neaton, Economic Development Director, provided an updated report of employment statistics for the 14 largest employers in the Dover area (Attachment #1) and reminded members that this information is updated and presented to members on a semi-annual basis (the last report was presented on February 22, 2010). Although the unemployment rate throughout the City of Dover has remained constant at 9.5%, Mr. Neaton noted that several employers have increased the number of employees. Mr. McGlumphy requested a more comprehensive report which includes details regarding small businesses, such as the number of businesses opened and closed within the last year. He noted that there are many closed businesses and empty buildings in the downtown area, as well as along Route 13. He suggested that information be provided regarding specific businesses that have closed, as well as new businesses that have taken their places, when applicable, in order to reflect the net result. It was his opinion that, although the report provided to members is helpful, it does not provide an indication of the City’s actions, since the City is not instrumental in the hiring of employees for some of the businesses listed. With regards to the goals and objectives of the Economic Development Office that were provided to members, Mr. McGlumphy noted there is a strong focus on the Downtown Dover Partnership and requested that this focus be expanded outside the downtown area. In response to Mr. Ruane, Mr. Neaton indicated that the City maintains a list of commercial and industrial properties located within the City of Dover. He confirmed that, in addition to monitoring retail vacancies, the Economic Development Office provides updated information to local realtors and works with manufacturers to encourage retaining or relocating businesses in the City. With regards to the Garrison Tract, Mr. Neaton stated that the site plan was near completion. He indicated he was working with Macquarie Energy Limited regarding this matter, would be meeting with State Department of Natural Resources and Environmental Control (DNREC) officials for permitting, and

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF JULY 12, 2010 PAGE 5 had a meeting scheduled with the Delaware Department of Transportation (DelDOT) on July 13, 2010. He advised members that he has already met with a professional marketer regarding the development of a marketing plan after the site plan is completed; however, he noted that there is limited funding available for this purpose. Once the plan is completed, Mr. Ruane requested that members be provided an opportunity to review it. Mr. McGlumphy moved to recommend acceptance of the Semi-Annual Report - Statistics Regarding Jobs and Businesses Gained and Lost in the City of Dover since July 2009, seconded by Mrs. Horsey and unanimously carried. UPDATES The following updates were provided to members: Puncheon Run Watershed Action Team Update Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that staff met with the Kent Conservation District and that a grant was obtained from the Clean Water Advisory Council for flood plain work adjacent to the pump station and bridge on Mr. Joseph Petrosky’s property. Staff met with Mr. Petrosky to discuss an overflow channel and redirection of water from Woodbrook into the channel. He assured members that Mr. Petrosky has indicated his concurrence with the project. Mr. Koenig advised members that there is a limited timeline for the first phase of this project due to the expiration of grant funding. He anticipated written correspondence regarding this project within the next 30-45 days. Responding to Mr. Ruane, Mr. Koenig stated that he has requested the inclusion of Puncheon Run flood plain mapping with the project and should know the results within the next couple of months. Planning and Funding for New Library Mr. Zachary Carter, Parks and Recreation Director, reviewed updated information regarding planning and funding for the new library. He reminded members that $2.5M was requested from the State of Delaware Bond Bill. Since a total of $3,284,357 in Bond Bill monies has been received, he stated that only $1.7M will be requested next year, rather than an additional $2.5M. He advised members that fundraising efforts continue to be successful. Responding to Mr. McGlumphy, Mr. Carter indicated that the total project is estimated to cost $22M and that this cost will be updated as the project moves forward. He assured members that costs associated with this project will be monitored closely and that detailed expenditure reports will be provided to members once construction begins. Should there be a shortage in funding, he stated that proposed plans will be presented to the Committee for their review. Community Development Block Grant (CDBG) Program Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed the report of the Status of FY 2008-2009 Community Development Block Grant (CDBG) projects which was provided to members.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF JULY 12, 2010 PAGE 6 In response to Mr. Ruane regarding the Downtown Dover Partnership Youth Employment Program, Mrs. Townshend stated that grant monies can be carried over to the next fiscal year. Mr. William Neaton, Economic Development Director, projected that funds would be expended by the end of August and relayed that he has requested an extension through that period. Mrs. Townshend assured members that such extensions are typically granted as long as funds are being expended and the extension does not jeopardize the City’s ability to meet the CDBG timeliness standard. Schutte Park Space - Boys and Girls Club/CDSA Mr. Darryl Tingle, Executive Director of the Greater Dover Boys and Girls Club, advised members that, during a recent meeting, Mr. George Krupanski, President and CEO of the Boys and Girls Clubs of Delaware, indicated that the Greater Dover Boys and Girls Club remains committed to building a facility in the Schutte Park area. However, due to the financial issues that many non-profit organizations are currently experiencing, he stated it was not possible to move forward at this time. He noted that a phased-in approach may be possible, if adequate funding is obtained. Mr. Tingle advised members that a retreat for the Greater Dover Boys and Girls Club Board is scheduled for July 29, 2010, and that this issue will be discussed at that time. He assured members they would be kept abreast of this matter. Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that the City was awarded $1,426,740 for the acquisition and rehabilitation of foreclosed properties. A total of $1,206,990 has been expended on the acquisition of eight (8) properties and renovations for two (2) properties. The remaining balance, in the amount of $232,209, will be utilized for renovations. She indicated that one (1) property has been sold, one (1) property is under contract, and four (4) properties are being renovated. She reminded members that the Dover Community Partnership, the Diamond State Community Land Trust, and the Connections Community Support Program are the three (3) partner agencies that purchased the properties. Comprehensive Plan Implementation Status Report Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that her staff has been focusing on three (3) major projects, including the evaluation and update of Historic District guidelines, development of ordinance amendments for Recreation and Open Space (ROS) Rezoning, and rewriting the environmental protections portion of the Comprehensive Plan. Responding to Mr. Ruane, Mrs. Townshend stated that there has been minimal negative feedback received from homeowners regarding the proposed ordinance amendments for the ROS Rezoning. She noted that approximately 150 properties within the City would be brought forward for rezoning in conformance with the proposed ordinance amendments and that approximately 3,000 notices were mailed to owners of properties proposed for rezoning and those within 200' of affected areas. The information was also posted on the City website, at the library, and at City Hall. Mrs. Townshend indicated that approximately 150 phone calls were received from the public requesting clarification

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF JULY 12, 2010 PAGE 7 and that two (2) property owners relayed concerns, one of whom was Mr. Petrosky. She indicated that the proposed ordinance has been revised to address Mr. Petrosky’s concerns and will be presented to the Planning Commission for their review and recommendation to City Council. Mr. Jess McVay, 7 McBry Court, stated that, although he resides outside of City limits, due to close proximity, he was provided notification regarding the proposed Recreation and Open Space Ordinance and was present at the meeting in order to get a better understanding of the proposed amendments and their possible effects. Responding, Mrs. Townshend agreed to meet with Mr. McVay following the meeting. Mrs. Townsend noted that staff is working with realtors, homebuilders, the Department of Natural Resources and Environmental Control (DNREC), and the Sierra Club to update the environmental protections provisions of the Comprehensive Plan to increase their effectiveness. She anticipated providing the draft to members for their review during the September or October meeting. Youth Advisory Committee Mrs. Russell advised members that the Youth Advisory Committee is on hiatus for the summer and will resume meeting in September. Mr. McGlumphy moved for adjournment, seconded by Mrs. Horsey and unanimously carried. Meeting Adjourned at 1:10 P.M. Respectfully submitted, Sophia R. Russell Chairwoman SRR/JS/jg/ac/tm S:\AGENDAS & MINUTES\Committee-Minutes\2010\07-12-2010 PR&CE.wpd Attachments Attachment #1 - Updated Report of Statistics Regarding Jobs and Businesses Gained and Lost in the City of Dover Since July 2009

ATTACHMENT #1 PR & CE Meeting of 07/12/10 Economic Development Office 101 W Loockerman St, 1A Dover DE 19904 CITY OF DOVER TOP EMPLOYERS COMPANY # EMPLOYEES BY DATE 6/30/2009 12/30/2009 6/30/2010 Bayhealth-Kent General & Milford 2915 2850 2851 640 S. State St Dover DE 19901 (302) 674-4700 Mr. Terry Murphy Dover Downs, Inc. Hotel & Casino – Hotel & Casino – Pending 1131 N. DuPont Hwy 938 938 Dover DE 19901 Speedway – 66 Speedway – 66 (302) 674-4600 FT Contract - 270 FT Contract - 270 Attn: HR Department Dover Air Force Base N/A N/A Active -3410 (302) 677-3372 Reserve – Public Affairs Office 1860 Civilian - 1085 State of Delaware N/A N/A Pending Office of Mgmt & Budget Delaware State University FT - 727 FT – 738 FT – 738 1200 N. DuPont Hwy PT – 156 PT - 98 PT - 98 Dover DE 19901 (302) 857-7027 Mr. Lance Houston Energizer (Playtex Products) 603 589 564 P.O. Box 7016 Dover DE 19903-7016 (302) 678-6176 Ms. Gina Sullivan Kraft Foods 520 520 Hourly – 516 1250 W. North St Salaried - 65 Dover DE 19903-0600 (302) 734-6100 Mr. Bruce Robinson (HR)

Comcast Cable 439 439 Pending 5729 W. Denney’s Rd Dover DE 19901 Mr. Tom Worley Delaware Technical & Community 409 409 450 College 100 Campus Dr Dover DE 19901 (302) 857-1000 Dan Simpson Proctor & Gamble 395 380 P&G 203 P.O. Box 7010C Contract - Dover DE 19903 189 (302) 678-2600 x2189 Ms. Teresa Dean WalMart 278 266 290 1574 N. DuPont Hwy Dover DE 19901 (302) 674-2159 Ms. Tammy Reynolds Wesley College 250 250 FT – 90 120 N. State St Faculty-67 Dover DE 19901 Aramark - (302) 736-2300 104 Dr. William Johnston Sam’s Club 215 210 FT – 110 1572 N. DuPont Hwy PT - 61 Dover DE 19901 (302) 678-4220 Mr. Steven Bromley Hirsh Industries 200 180 Pending 1525 McKee Rd Dover DE 19904 (302) 678-3454 Ms. Meg Shivone

UTILITY COMMITTEE The Utility Committee Meeting was held on July 12, 2010, at 5:00 p.m. with Chairman Ruane presiding. Members present were Mr. Bonar, Mr. McGiffin, and Mr. Snaman. Major Kosior was absent. Members of Council present were Council President Hogan and Mr. Leary (arrived at 5:05) . Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS The agenda was approved by unanimous consent. Briefing on State Energy Bills (Consideration of SB 119 Renewable Portfolio Standards was Deferred by Committee on June 28, 2010 Due to Time Constraints) Mr. Anthony DePrima, City Manager, introduced Mr. Patrick McCullar, President and Chief Executive Officer, Delaware Municipal Electric Corporation (DEMEC), and explained that the City is one of nine (9) municipalities in the State of Delaware who are paying members of the Corporation. He stated that one of the functions of DEMEC is to monitor energy related legislation. Mr. McCullar reviewed a presentation of a Summary of Energy Related Legislation Passed by the 145th General Assembly and Effects on Municipal Electric Cooperatives (Attachment #1). In response to Mr. Ruane, Mr. McCullar noted that an analysis has not been performed to determine municipalities’ current progress toward meeting the goals established by the State; however, this will be part of DEMEC’s planning process. In addition, he noted that DEMEC is committed to the offshore wind project planned for the Delaware coast and is doing all it can to encourage moving this project forward. Responding to Mr. Snaman, Mr. McCullar stated that local city and town councils have the option of administering an independent energy plan or charging DEMEC with the responsibility of constructing and implementing a plan on their behalf. He suggested that the most efficient approach would be for all nine (9) municipalities to allow the DEMEC Board of Directors (which would include a City of Dover representative) to guide policy decisions and direct DEMEC on implementation. He explained that different municipalities may choose different approaches. Concurring, Mr. DePrima noted that the DEMEC Board has not yet met to determine how the organization will be structured; however, he stated he currently favored learning how administration could be accomplished collectively with other municipalities for greater efficiency and flexibility. He assured Mr. Snaman that the City’s interests as a leader in the field, having instituted a solar project and made a commitment for wind power, would be monitored and protected. Mr. Bonar encouraged Mr. DePrima to pursue additional manufacturing facilities in the area. He felt it important to inform others that green energy is not cheap and will increase the cost of electricity for at least the immediate future.

UTILITY COMMITTEE MEETING OF JULY 12, 2010 PAGE 2 Concurring, Mr. McCullar noted that renewable energy currently is at a premium compared to energy from traditional sources and will be for several years. He stated that, as investments are made, technology will improve, costs of technology will decrease, and at some point parity with carbon- based energy will be achieved. He explained that caps were included in the legislation to avoid extreme run-ups in retail rates in the first five (5) years. Mr. McCullar noted that, in the future, it will be more practical to engage in larger, community-based renewable projects, similar to the Dover SUN Park, rather than small-scale projects. He stated that DEMEC was created by municipalities in 1979 to perform these types of capital finance investments. Mr. McCullar explained that DEMEC has A-rated credit in the financial markets, has bonds that are very much in demand, and obtains the lowest rates possible. He stated that bonds for a $7M substation in the City of New Castle recently sold at 2.92%. Mr. McCullar indicated that allowing DEMEC to finance and build these types of projects can bring value to the enterprise. Responding to Mr. Ruane, Mr. McCullar explained that the Sustainable Energy Utility (SEU) is a quasi-governmental agency created by the legislature several years ago which will have control over a substantial amount of funds and will decide how renewable energy and energy efficiency projects are performed in the State of Delaware. He explained that DEMEC does not have votes on the SEU board at this time; however, the State is creating a renewable energy task force and the municipalities will have a seat on that task force. The task force will be charged with making recommendations on how to best move forward in achieving renewable energy goals and energy efficiency goals in Delaware. Mr. McCullar stated that DEMEC has been assured that the SEU will be listening closely to the recommendations of the task force. Responding to Mr. Ruane, Mr. McCullar noted that Senate Bill 267 addresses solar, wind, biomass, and geothermal renewable energy. Mr. McCullar stated that DEMEC’s goal in considering the legislation is to ensure that provisions are implemented in way that is useful to the State of Delaware but does not cause unintended harm to end-use customers. Mr. Ruane commended Mr. McCullar for working with the General Assembly, expressed his appreciation, and stated that the City would continue to cooperate with DEMEC. Mr. Bonar moved to recommend acceptance of the report, seconded by Mr. McGinnis and unanimously carried. Mr. Ruane requested that Mr. DePrima and Mr. Ronald Lunt, Public Utilities Manager, provide members an update regarding the implementation of State energy-related legislation at the meeting scheduled for September 27, 2010. Review of Utility Related CIP’s (Electric and Water/Wastewater) (Deferred by Committee on June 28, 2010 Due to Time Constraints) Mr. Anthony DePrima, City Manager, stated that the report provided to members reflects the status of projects as of April, 2010. He noted that a number of smaller projects at the Power Plant were completed and several others at the Water/Wastewater Plant were delayed due to financing.

UTILITY COMMITTEE MEETING OF JULY 12, 2010 PAGE 3 Responding to Mr. Ruane, Mr. Lunt stated that the South Governors Avenue project is progressing, water lines are being placed, a cut-in for the hospital was completed during the week of July 5, 2010, and preparations have been completed for putting more facilities on the electric system. In response to Mr. Ruane, Mr. DePrima stated he would inquire as to possible internal problems creating delays for moving the utilities related to construction of the new library. Responding to Mr. Bonar, Mr. DePrima explained that the pumping station situated on the former PW2 property is operated by Kent County. He noted that the City often receives complaints regarding odor in the area, which are forwarded to the County. By unanimous consent, the report was accepted. PACE/NAES Monthly Report (May) Members were provided the PACE/NAES Monthly Report for May. The report was provided to allow members the opportunity to monitor what is being sold in electric and the revenues received, which will give members a better understanding of any fluctuations and make improvements if deemed necessary. Although it was not staff’s intention to make a presentation of the reports, they welcomed any questions. Mr. DePrima noted that May 2010 was a hotter month than normal, resulting in a small amount of energy generation and an $8,700 net value to the City. He noted that the City continues to operate below budget projections for the cost of providing power. He stated that demolition, including removal of old coal chutes, has begun behind the power plant, and expenses for this project were reduced due to the current high cost of metal. He further explained that the project would remove liability due to very old steel structures on the premises and would also free up property for construction in the future. Mr. DePrima also noted that the Power Plant management approached him to discuss the possibility of adding an engineering staffing position to the plant and possibly eliminating an administrative position due to increased demands on power plant operations. He stated that more detailed information on this matter has been requested, and PACE, as the asset manager, will be asked to evaluate the proposal. Mr. DePrima stated that increasing the capacity value of the Combustion Turbine (CT) was being considered. He noted that this matter was discussed previously and not found to be cost effective; however, a cost/benefit analysis utilizing a new technology will be performed. In addition, he noted that PJM is beginning to create a new trading market for Solar Renewable Energy Credits (SREC’s), so the City could trade, buy, and sell SREC’s. In response to Mr. Ruane, Mr. DePrima relayed that the Environmental Protection Agency (EPA) is considering proposed legislation related to a cap and trade bill, Renewable Portfolio Standards (RPS) legislation, and regulation of greenhouse gases; however, none of these proposed regulations have been finalized. Mr. McGiffin moved to recommend acceptance of the PACE/NAES Monthly Reports for May 2010, seconded by Mr. Bonar and unanimously carried.

UTILITY COMMITTEE MEETING OF JULY 12, 2010 PAGE 4 Mr. Ruane noted that Mr. McGiffin would stand in as Committee Chair during his absence throughout the months of July and August. By unanimous consent, the meeting was adjourned at 5:54 P.M. Respectfully submitted, Eugene B. Ruane Chairman EBR/JS/ac/tm S:\AGENDAS & MINUTES\Committee-Minutes\2010\07-12-2010 UTILITY (revised).wpd Attachments Attachment #1 - Summary of Energy Related Legislation Passed by the 145 th General Assembly and Effects on Municipal Electric Cooperatives

ATTACHMENT #1 Utility Meeting of 07/12/10 DEMEC Delaware Municipal Electric Corporation Summary of Energy Related Legislation Passed by 145th General Assembly And effects on Municipal Electric Companies ATTACHMENT #1 July 1, 2010 Utility Meeting of 07/12/10

DEMEC Three Energy Related Bills Passed: SS 1 for SB 119: Renewable Portfolio Standards Enhancement Title 26, Subchapter III-A Substantial new impacts and obligations for Municipal Electric Companies SB 266: Green Energy Endowment Program Title 29, Chapter 80, Subchapter II-The Delaware Energy Act no direct obligations created on Municipal Electric Companies SB 267: Aggregate Net Metering (after DEMEC amendments) Title 26, Chapter 10 – Electric Utility Restructuring Allows retail customers aggregate usage and build or contract for RE systems up to 110% of their annual aggregate consumption. Substantial administration and billing impacts Possible revenue impacts

DEMEC SB 119 - Original Proposed Changes to Current RPS Law : Proposes to eliminate the Municipal and Cooperative alternative compliance language currently in the RPS law. Would set the RPS goals the same for all utilities in Delaware. Utilities would be required to meet annual targets which escalate from 2% to 20% in 2019 and 29% by 2029 Large penalties in the form of Alternative Compliance Payments (ACP) required to be made into green energy funds if targets not met. System Benefit Charge to customers increased from 0.0178 to 0.0356, and would probably be periodically increased in future years.

DEMEC Summary of SB 119 As Adopted (after DEMEC Amendments): Munis/Coop may opt out of RPS by developing and implementing “a comparable program” to the RPS Regulation only by “Local Regulatory Authority”, No state regulation Continues Green Energy Funds and contributions at 0.178/mWh for all sales. Provides all multiple REC & SREC incentives currently provided to DPL Caps Implementation costs at 3% (1% Solar Cap) No Penalties for failing to meet targets (No ACP, No loss of 363 Special Provisions)

DEMEC Munis/Coop may opt out of RPS by developing and implementing “a comparable program” to the RPS Comparable program means targets of 25% RE and 3.5% Solar by 2025, but our own schedule of how we get there. Schedule can be changed as needed. Municipal Electric Utilities individually, or collectively through DEMEC, must create and submit a plan by 1/1/2013. The plan is submitted to its Local Regulatory Authority, the General Assembly, and the Energy Office. Annual progress reports required to be filed with same entities. “Local Regulatory Authority” means is its City or Town Council, Board, or Commission. No state regulation. Local Regulatory Authority determines program based on local “need, value and feasibility” and “economic and environmental well being” of its members. Program targets can be suspended if implementation costs exceed established caps: 3% of total cost of purchased power for Eligible Energy Resources 1% of total cost of purchased power for Solar 4% increase in average consumer’s monthly bill for all implementation costs The Local Regulatory Authority may approve increases in these caps

DEMEC Green Energy Fund Programs Continued: Must continue to contribute at least $0.178 per Megawatt hour of all sales to Fund. Funds must be used to support the following programs: Energy Efficiency Technologies Renewable Energy Technologies Demand Side Management Programs Grant Programs to end-use customers not required Local Regulatory authorities may increase the contributions to the Green Energy Funds To date, only Newark has done so, increasing to $0.356. State Requirement for Green Energy Subscription Program Eliminated. Municipalities may chose to continue or eliminate.

DEMEC Municipal Electric Utilities will receive all Renewable Energy Credit (REC) incentives currently provided to DPL 10%+ 10% bonus for DE Projects: 10% bonus for all projects sited in Delaware and 50% of equipment manufactured in Delaware 10% bonus for all projects sited in Delaware and 75% of labor from Delaware workforce. 300% for all Solar RECs 350% for all Off-Shore Wind RECs Any other incentives provided by paragraphs 356 and 357 of the Chapter.

DEMEC No State Regulation, No Penalties No regulation by General Assembly, DNREC or PSC No Alternate Compliance Payments required ($400 - $500 / mWh for DPL) Local Regulatory Authority determines program pace and cost impacts to customers.

DEMEC SB 266: Green Energy Endowment Program no direct obligations created on Munis Redefines the Green Energy Endowment Program Incentives for “Cost effective energy efficiency projects” Grant sizes set by DNREC Secretary and SEU Oversight Board

DEMEC SB 267: Aggregate Net Metering (after DEMEC amendments) Reduces retail customers ability to build system from up to 125% of their annual consumption to 110%. Still requires utilities to buy excess generation. Allows retail customers to aggregate buying power to secure alternative energy contracts, with controls. Strengthens the Generator Interconnection Application requirements to assure stability and safety of distribution systems. Allows Utility to bill a single account. May allow third-party suppliers to serve load inside Municipal service territory. May impact revenues if large projects are built Implementation delayed until July 1, 2011 to allow for further study.

DEMEC Ramification of Aggregate Net Metering for Municipal Utilities: Will probably cause an increase in the rate of Solar Deployment inside Municipal Distribution Systems Generator Interconnection Application Process becomes Critical. Increase requirements to assure stability and safety of distribution systems Feeder load modeling important to prevent overloads or instability Utility billing systems may require modification to accommodate. May allow third-party suppliers to serve load inside Municipal service territory. Is this a violation of the Retail Choice Law? May need to consider Decoupled Retail Rate Designs May impact electric revenues if large projects are built Implementation delayed until July 1, 2011 to allow for further study.

DEMEC DISCUSSION

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on July 12, 2010 at 6:00 p.m. with Chairman Leary presiding. Members present were Mr. McGiffin, Mr. Salters, Dr. Jones, and Mr. Shevock. Members of Council present were Council President Hogan, Mr. Bonar, and Mr. Ruane (arrived at 6:02 p.m.) . Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Mr. Salters moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried. Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there are no positions to consider, the item could be removed. Police Officer Members were reminded that, during their meeting of April 26, 2010, they reviewed a request to recruit for a Police Officer. At that time, members deferred consideration of the request until the incumbent of the position retired. Police Chief James Hosfelt explained that MCpl. Ralph Taylor would be retiring effective July 15, 2010, and reviewed a request to recruit for his replacement. He noted that filling the position is necessary in order for the Department and the City of Dover to remain compliant with the provisions of the Community Oriented Policing Service (COPS) grant, which City Council approved on September 14, 2009. In response to Dr. Jones, Mr. Anthony DePrima, City Manager, stated that the Police Department utilizes a recruiting system that is separate from that used by other City departments. Chief Hosfelt noted that the position would be advertised nationally through several police publications, on the internet, and in newspapers in the Tri-State radius. He explained that the Department has had good results in recruiting officers from other departments in the Tri-State Area in the past. Dr. Jones moved to recommend approval to recruit for the position of Police Officer, as requested, seconded by Mr. Salters, and unanimously carried. Police Dispatcher Chief James Hosfelt reviewed a request to recruit for a Police Dispatcher vacancy created by the sudden resignation of an employee. He noted that the Emergency Dispatch/911 Center is currently manned by ten (10) dispatchers, and the authorized strength of the unit is 11. He explained that the starting salary of the new employee would be approximately $31,000 per year, and that the previous employee, who had over ten (10) years of service, earned approximately $50,000. He noted that procedure for advertising the position would be similar to that used by the Department to recruit for Police Officers.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF JULY 12, 2010 PAGE 2 In response to Mr. Salters, Chief Hosfelt explained that, if this position was not filled, the cost of providing overtime pay for current employees to perform this function would exceed the cost of hiring a new employee. He noted that this was the only unit in the City that was not subject to furloughs during FY 2009-2010, due to the emergency nature of the work. He estimated it would take approximately two (2) months to fill the position. In response to Mr. Shevock, Chief Hosfelt stated that Police Officers will not be pulled from their regular duties to cover this position while vacant and indicated that interim duties would be performed by the 911 Manager and other dispatchers. Mr. McGiffin moved to recommend approval to recruit for the position of Police Dispatcher, as requested, seconded by Mr. Shevock and unanimously carried. Proposed Resolution in Support of the Local Jobs Act Mayor Carey explained that the National League of Cities has requested support for passage of the Local Jobs for America Act by Congress. Members were provided a sample Resolution expressing support. He stated that he spoke with Mitchel Herckis, Principal Associate for Human Development and Public Safety, National League of Cities, who indicated that the City could receive as much as $3,995,865 per year for two (2) years, if this legislation is passed as written, and would also have the opportunity to apply for $1.2 billion in police hiring grants. He noted that the deadline for submission of a Resolution in support of the Local Jobs for America Act is the end of July. Mr. Ruane stated his support of such a Resolution; however, he suggested that its wording be significantly revised before it is brought to Council for a final vote. Mr. Ruane requested that the document be edited to be “less generic” and more specific to the current economic condition of the City, which he felt to be less severe than indicated in the Resolution. He specifically mentioned that references to “layoffs” did not apply. Mr. Ruane also requested that further information be obtained from the League of Local Governments before the Resolution is presented to Council, including the status of the bill in Congress and the role of the local delegation. Concurring with Mr. Ruane, Mr. Leary noted that references to “firefighters” and “teachers” should be removed from the Resolution. Mr. Hogan concurred with the concept of the Resolution and favored the content of the last two (2) paragraphs; however, he felt Paragraphs 2, 3, and 4 were in need of revision. Mr. Salters stated that he believed this bill had been rejected by Congress to this point; however, the National League of Cities was attempting to garner support for its passage.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF JULY 12, 2010 PAGE 3 By unanimous consent, members deferred consideration of the Resolution until the meeting of July 26, 2010; suggested that Mayor Carey contact Mr. George Wright, Executive Director of the League of Local Governments, to determine the League’s standing on the Local Jobs for America Act and determine if it is still active legislation; and rewrite the Resolution in accordance with the suggestions made by members for discussion at the Legislative, Finance, and Administration Committee meeting on July 26, 2010, and that, if the deadline is, in fact, the end of July, this item be forwarded to City Council for consideration the same evening due to time constraints. Actuary Services Contract - Pension and Other Post-Employment Benefits Mrs. Peggy Teal, Assistant Finance Director, reviewed a request to award a five (5) year contract to Milliman, Inc. for Pension and Other Post Employment Benefits (OPEB) actuarial and benefits consulting services. She explained that the $62,000 contract would include services to be performed from FY 2011 to FY 2016. Mrs. Teal noted that Milliman was selected because of their ability to perform both types of services requested and their convenient location in Wayne, Pennsylvania. She noted that the Request for Proposal included a provision to have one (1) actuary perform valuation services for both the Pension Plans and OPEB to create efficiency and cost savings in preparing data; previously services of two (2) vendors were used. Mrs. Teal explained that all proposals were reviewed for quality, experience, and qualifications of the firm and its staff, valuation fees, hourly rates, travel, administrative factors, and the amount of experience in the pension and medical benefits fields. In scoring the pricing of the proposals, the hourly rates for consulting services were considered, along with the valuation service fees. She noted that staff felt it was imperative to select a firm that could also meet the future needs of the Health Benefits Committee and provide consultation services at a reasonable overall cost. She indicated that ten (10) proposals were received, all of which indicated good qualifications and experience. A Response Rating Analysis was provided to members. Mrs. Teal noted that there were no local vendor or minority vendor preferences identified nor submitted with these proposals. In response to Mr. Salters, Mrs. Teal indicated that proposals were received from all over the United States. She indicated that Milliman is a national firm that has not previously served the City; however, references were checked and the firm was currently working with the Town of Smyrna. She explained that actuarial services for Pension were previously performed by Al Pike of Pike Associates, who recently retired, and that Nyhart, who was one (1) of the bidders for this proposal, is currently performing these services for OPEB. Mr. McGiffin moved to recommend that the contract for Pension and Other Post Employment Actuarial Services and Benefits Consulting for FY 2011 - FY 2016, in the amount of $62,000, be awarded to Milliman, Inc. The motion was seconded by Mr. Shevock and carried unanimously.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF JULY 12, 2010 PAGE 4 By unanimous consent, the meeting adjourned at 6:22 P.M. Respectfully submitted, Thomas J. Leary Chairman TJL/JS/ac/tm S:\AGENDAS & MINUTES\Committee-Minutes\2010\07-12-2010 LF&A.wpd

City of Dover MAYOR AND COUNCIL 1 DRAFT PROPOSED COUNCIL RESOLUTION NO. 2010-08 2 A RESOLUTION PROPOSING THE SUPPORT OF THE LOCAL JOBS FOR AMERICA ACT 3 WHEREAS, the City of Dover employs 394 workers in jobs ranging from city administration to trash collection, 4 and public safety; 5 WHEREAS, despite signs of national economic recovery, the City of Dover continues to face significant budget 6 shortfalls due to the loss of revenues from property taxes, construction permits, and real estate transfer taxes; 7 and 8 WHEREAS, the loss of revenues is significant enough that it may force the City of Dover to keep important jobs 9 vacant, including police officers, and others who provide critical services; and 10 WHEREAS, such vacancies contribute to an increase in the lack of fiscal stability for this community, and 11 further contribute to the nation’s unemployment rate just as the economy begins to recover; and 12 WHEREAS, federal aid will be necessary if the City of Dover is to avoid reducing public services, increasing 13 police and other job vacancies, or significant increases in taxes to pay the salaries of these employees. 14 NOW, THEREFORE, BE IT RESOLVED that the City of Dover endorses H.R. 4812, the “Local Jobs for 15 America Act,” because it would assist cities across America including Dover, community-based organizations, 16 and private employers to retain and hire new employees; 17 BE IT FURTHER RESOLVED that the City of Dover supports the funding levels proposed in this legislation, 18 including: 19 · $75 billion over two years to local governments and community-based organizations to retain or 20 create public service jobs designed to ensure that city and other services are maintained; 21 · $23 billion to local school districts for one year so that they may retain and create up to 250,000 new 22 jobs; 23 · $1.18 billion so that local governments may employ 5,500 new law enforcement and $500 million 24 to retain, rehire, and hire firefighters; and 25 · Funding for 50,000 on-the-job private-sector training positions. 26 BE IT FURTHER RESOLVED that the City of Dover supports H.R. 4812 because it would prevent state and 27 local governments from having to choose between eliminating services and raising taxes; and 28 BE IT FURTHER RESOLVED that the City of Dover supports H.R. 4812 because it would help stimulate local 29 businesses and create additional jobs in the local economy; and P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

DRAFT PROPOSED COUNCIL RESOLUTION NO. 2010-08 PAGE 2 30 BE IT FURTHER RESOLVED that the City of Dover urges Congress and the President to adopt H.R. 4812 into 31 law and fund the provisions outlined in the legislation immediately so that cities and towns across America can 32 retain existing employees and provide employment opportunities in the public and private sectors. 33 ADOPTED: * 34 S:\PACKETS\2010\Committee\LF&A\07-26-2010\Proposed Resolution 2010-08 In Support of the Local Jobs for America Act.wpd 35 36 CARLETON E. CAREY, SR. KENNETH L. HOGAN 37 MAYOR COUNCIL PRESIDENT 38 Actions History: 39 July 26, 2010 - Considered by Legislative, Finance, and Administrative Committee 40 July 12, 2010 - Deferred by Legislative, Finance, and Administrative Committee

City of Dover Capital Investment Plan Project Tracking Report May 31, 2010 Points to Remember - * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010. Can also be amended with City Manager approval per the Budget Amendment Procedure. * Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once individual projects are identified and estimated they are created using an allocation of the overall budgeted amount. Examples are Water Quality - Pear Street; New Developments - Kent County Lighting; Distribution Upgrades - Crossgates; * The FY10 Budget for Community Transportation & Streets $350,000 is expected to change based on the State of the City Review. * Status and Comments provided by City Manager. * For Finance purposes projects are considered completed when placed in service and all charges have been processed. Community Water & Total Current Year Budget Funding Sources General Transportation Wastewater Electric CIP Beginning Budget Balance $ 411,687 $ 172,690 $ 699 $ 50,591 $ 635,667 Federal &/or State Grants 4,180,234 1,000,000 45,248 240,875 5,466,357 Revolving Fund Loans - - 8,346,498 - 8,346,498 Bond Proceeds 1,912,433 - - 4,240,034 6,152,467 Impact Fees - - 518,230 - 518,230 State Funds (FY09 Carry Forward Gov Ave) - - - 710,318 710,318 Library Reserve & Contributions 3,180,235 - 3,180,235 Transfer from Operating Funds 44,802 - 700,000 811,140 1,555,942 Interest Earned 2,700 - - 25,000 27,700 Project Carry Forward Balances 51,006 - 1,094,697 2,652,769 3,798,472 Total Funding Sources (Unaudited) $ 9,783,097 $ 1,172,690 $ 10,705,372 $ 8,730,727 $ 30,391,886 Page 1 of 5

City of Dover General Fund - Major CIP Projects May, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY2008 M Park Improvement Program $ 30,000 $ 30,000 $ 28,734 $ 1,266 95.8% $ - $ 30,000 $ 28,734 0.0% Complete Basketball court repaved. Totals - FY08 $ 30,000 $ 30,000 $ 28,734 $ 1,266 95.8% $ - $ 30,000 $ 28,734 0.0% FY2009 M/G New Library Project $ 18,200,000 $ 24,679,934 $ 1,100,302 $ 23,579,632 4.5% $ 8,912,433 $ 9,272,902 $ 363,236 4.1% Started Finished Design Development. Totals - FY09 $ 18,200,000 $ 24,679,934 $ 1,100,302 $ 23,579,632 4.5% $ 8,912,433 $ 9,272,902 $ 363,236 4.1% FY2010 Vehicles & Equipment $ 372,910 $ 393,916 $ 266,078 $ 127,838 67.5% $ 372,910 $ 393,916 $ 266,078 71.4% Complete Includes DFD payment & Police grants. Contractor complete, will do some in-house Concrete Program 50,000 50,000 44,411 5,589 88.8% 50,000 50,000 44,411 88.8% Complete repairs. Pitts Center Addition 50,000 40,000 - 40,000 0.0% - 40,000 - 0.0% Started Material ordered & permits applied for. Transfer to CT Fund 300,000 - - - 0.0% 300,000 - - 0.0% N/A Totals - FY10 $ 772,910 $ 483,916 $ 310,488 $ 173,428 64.2% $ 722,910 $ 483,916 $ 310,488 42.9% Grand Totals $ 19,002,910 $ 25,193,850 $ 1,439,524 $ 23,754,326 5.7% $ 9,635,343 $ 9,786,818 $ 702,458 7.3% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. G = Grant funded project Page 2 of 5

City of Dover Community Transportation & General Fund Street Funds - Major CIP Projects May, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget (1) Expenses Spent Status Comments FY 2002 Work on hold, pending Collegiate North Street Sidewalk $ 80,416 $ 80,416 $ - $ 80,416 0.0% $ - $ 80,416 $ - 0.0% Not started decision. Totals $ 80,416 $ 80,416 $ - $ 80,416 0.0% $ - $ 80,416 $ - 0.0% FY 2005 Dover Little League Parking Lot Awaiting DELDOT/staff decision on re- Phase II $ 14,906 $ 14,906 $ 3,332 $ 11,574 22.4% $ - $ 11,574 $ - 0.0% Done appropriation of available funds. Totals $ 14,906 $ 14,906 $ 3,332 $ 11,574 22.4% $ - $ 11,574 $ - 0.0% - FY 2006 M Lincoln Park Center $ 400,000 $ 400,000 $ 294,851 $ 105,149 73.7% $ - $ 147,275 $ 42,126 28.6% Started Ongoing. Totals $ 400,000 $ 400,000 $ 294,851 $ 105,149 73.7% $ - $ 147,275 $ 42,126 0.0% - - FY 2007 10% received from State, not part of street program. Separate contract due to E. Water Street Brick Sidewalk $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ 65,000 $ - 0.0% Not started nature of work. Totals $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ 65,000 $ - 0.0% FY 2009 Spruance Road - White Oak to Maple Parkway $ 141,000 $ 141,000 $ 101,464 $ 39,536 72.0% $ - $ 101,465 $ 101,464 100.0% Started Work in progress. Spruance Road - Maple Parkway to East Division 125,400 125,400 120,309 5,091 95.9% - 120,309 120,309 100.0% Started Work in progress. Various FY09 Streets 225,000 225,000 185,000 40,000 82.2% - 85,000 45,000 52.9% Started Independence & Greenway started. Schutte Park 21,950 21,950 - 21,950 0.0% - 21,950 - 0.0% Not Started Scheduled FY 2009. Woodsedge Road 75,000 75,000 113,234 (38,234) 151.0% - 113,234 113,234 100.0% Not Started Scheduled FY 2009. Various Streets 206,287 206,287 - 206,287 0.0% - 206,287 - 0.0% Not Started Westover Landscaping 2,500 2,500 1,451 1,049 58.0% - 2,500 1,451 58.0% Work is done Totals $ 797,137 $ 797,137 $ 521,458 $ 275,679 65.4% $ - $ 650,745 $ 381,458 58.6% FY 2010 Street & Alley Program $ 350,000 $ 172,690 $ 30,895 $ 141,795 17.9% $ 350,000 $ 172,690 $ 30,895 17.9% Not Started Original Budget should be $300,000. Budgeted CT Agreements FY10 1,000,000 44,990 - 44,990 0.0% 1,000,000 44,990 - 0.0% Not Started No fiscal FY10 agreements signed. Totals $ 1,350,000 $ 217,680 $ 30,895 $ 186,785 14.2% $ 1,350,000 $ 217,680 $ 30,895 14.2% Grand Totals $ 2,707,459 $ 1,575,139 $ 850,536 $ 724,603 54.0% $ 1,350,000 $ 1,172,690 $ 454,479 38.8% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. Page 3 of 5

City of Dover Water/Wastewater Improvement & Extension Fund - Major CIP Projects May, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Approved Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY 2008 South Governors Ave. Water Main Upgrade $ 200,000 $ 200,000 $ 2,664 $ 197,336 1.3% $ - $ 200,000 $ 2,664 1.3% Started Water lines done. Doing service lines and Hydrants M 1.0 MG Elevated Water Storage Tower 4,196,600 2,590,000 4,830 2,585,170 0.2% 200,000 196,255 1,085 0.6% Started Selecting Tank Model & Site; FY11 = Constr. M Piney Point Well 398,800 665,000 52,475 612,525 7.9% - 185,455 22,930 12.4% Started Applying for permits; FY11 = Constr. M South Governors Ave. Sewer Main 300,000 291,000 10,514 280,486 3.6% - 281,088 602 0.2% Started Lines in. Doing punch list items. M/SL US 13 East Sanitary Sewer Interceptor 2,376,800 3,409,641 522,498 2,887,143 15.3% 3,201,480 3,201,480 314,337 9.8% Started Boring across RT 13 near Dover Litho. M Lafferty Lane Package P/S Replacement 230,000 374,369 418,833 (44,464) 111.9% - - 26,269 0.0% Completed In service. O/S Encumbrance $26,269. Totals - FY08 $ 7,702,200 $ 7,530,010 $ 1,011,813 $ 6,518,197 13.4% $ 3,401,480 $ 4,064,278 $ 367,887 9.1% FY2009 Washington Street $ 492,800 $ 310,100 $ 310,063 $ 37 100.0% $ - $ - $ - 0.0% Completed Pear Street 759,100 653,804 452,891 200,913 69.3% - 331,900 130,987 39.5% Completed South Street 120,800 79,800 37,469 42,331 47.0% - - - 0.0% Completed Contact Chambers - residual analyzers 100,000 113,800 95,484 18,316 83.9% - - - 0.0% Completed M/SL Bayard Avenue 590,910 590,910 6,490 584,420 1.1% 533,510 584,420 - 0.0% Started Material ordered. M/SL East side N. State Street 868,707 876,703 29,003 847,700 3.3% 846,807 847,700 - 0.0% Started Material ordered. M/SL Route 13 Water Main 1,058,700 1,091,797 122,647 969,150 11.2% 1,023,700 1,024,400 55,250 5.4% Started With DelDOT for approval. R Water Quality Improvements FY09 $ 3,991,017 $ 3,716,914 $ 1,054,047 $ 2,662,867 28.4% $ 2,404,017 $ 2,788,420 $ 186,237 44.9% Started M/SL DE State University Pumping Station Repl. $ 386,400 $ 386,400 $ 38,177 $ 348,223 9.9% $ 336,400 $ 360,473 $ 12,250 3.4% Started Material ordered - August completion. M/SL Fox Hall/Retreat Force Main Rerouting 133,100 139,245 98,068 41,177 70.4% 107,200 107,200 66,023 61.6% Completed Done. M/SL Acorn Lane Pump Station Replace. 386,400 386,400 39,397 347,003 10.2% 336,400 359,823 12,820 3.6% Started Material ordered - August completion. Totals - FY09 $ 4,896,917 $ 4,628,959 $ 1,229,688 $ 3,399,271 26.6% $ 3,184,017 $ 3,615,916 $ 277,329 7.7% FY2010 Vehicles & Equipment $ 55,600 $ 66,310 $ 62,730 $ 3,580 94.6% $ 55,600 $ 66,310 $ 62,730 94.6% Completed Vehicles and equipment in service. Water Quality - McKee Run Plant 100,000 100,000 93,215 6,785 93.2% 100,000 100,000 93,215 93.2% Completed Completed. M Water Quality - Walker Road 100,000 100,000 23,750 76,250 0.0% 100,000 100,000 23,750 23.8% Started In Design-survey only. In house design. R Wellhead Redevelopment Program 55,000 70,250 70,238 12 100.0% 55,000 70,250 70,238 100.0% Completed Done. Remote Control & Monitor Wells 55,000 55,000 23,104 31,896 42.0% 55,000 55,000 23,104 42.0% Started Radio in, need to alter location of project. R Misc. Distribution System Replacements 65,000 49,750 21,188 28,562 42.6% 65,000 49,750 21,188 42.6% Started Ongoing, as needed. M Inflow/Infiltration Removal 1,800,000 1,800,000 733 1,799,267 0.0% 1,800,000 1,800,000 733 0.0% Started Going to Council for approval. R Scada Technology Equip Upgrade 79,300 79,300 64,149 15,151 80.9% 79,300 79,300 64,149 80.9% Started Done. M Del. State Univ. Force Main Rerouting 137,700 26,800 - 26,800 0.0% 26,800 26,800 - 0.0% Started Design review by DNREC. M Fox Hall Pump Station 427,900 52,000 - 52,000 0.0% 52,000 52,000 - 0.0% Started Kick off meeting held. M Heatherfield Pumping Station Upgrade 220,400 40,000 - 40,000 0.0% 40,000 40,000 - 0.0% Started Design only, awarded to Braun Engineering. I Tar Ditch Interceptor Upgrade 518,230 518,230 - 518,230 0.0% 518,230 518,230 - 0.0% Started Design only, awarded to Braun Engineering. R Misc. Sewer System Improvements 33,000 22,290 - 22,290 0.0% 33,000 22,290 7,969 35.7% Not Started Ongoing, as needed. Various Pump Motor Replacements 45,248 45,248 - 45,248 0.0% - 45,248 - 0.0% Started Grant approved, ordering will begin. Totals - FY10 $ 3,692,378 $ 3,025,178 $ 359,107 $ 2,666,071 11.9% $ 2,979,930 $ 3,025,178 $ 367,076 12.1% Grand Totals $ 16,291,495 $ 15,184,147 $ 2,600,609 $ 12,583,538 17.1% $ 9,565,427 $ 10,705,372 $ 1,012,292 9.5% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. SL = State Loan Project - construction phase is financed I = Impact Fee Financed Project Page 4 of 5

City of Dover Electric Improvement & Extension Fund - Major CIP Projects May, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Current Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY 2006 M/B 69 KV feeders 3 and 4 $ 11,060,000 $ 8,693,782 $ 8,678,649 $ 15,133 99.8% $ - $ 597,859 $ 522,726 87.4% Completed In service. Completed south of Wyoming. M/S Governor's Avenue Rebuild 1,268,450 2,068,260 513,497 1,554,763 24.8% - 1,629,658 74,895 4.6% Started Conduit in beyond to Waples. Totals - FY06 $ 12,328,450 $ 10,762,042 $ 9,192,146 $ 1,569,896 85.4% $ - $ 2,227,517 $ 597,621 26.8% FY 2008 Unit 3 Turb Bearing Fire Protect Re-bidding due to delay in Deluge $ 50,000 $ 50,000 $ - $ 50,000 0.0% $ - $ 50,000 $ - 0.0% Started award. M/B Horsepond Road Substation 1,020,000 1,029,397 1,029,397 0 100.0% - - - 0.0% Completed In service. McKee Run Unit 3 Pollution M/B Construction in April. Remediation & Fuel Testing 3,000,000 2,914,910 2,765,809 149,101 94.9% - 200,580 151,479 75.5% Completed M/B St. Jones Substation 5,376,068 5,955,878 5,955,878 (0) 100.0% - 79,692 79,692 100.0% Completed In service. Totals - FY08 $ 9,446,068 $ 9,950,185 $ 9,751,084 $ 199,100 98.0% $ - $ 330,272 $ 231,171 70.0% FY2009 Danner Farm Transformer $ 45,000 $ 45,000 $ 32,971 $ 12,029 73.3% $ - $ 21,417 $ 9,388 43.8% Completed Done. Distribution Upgrades - Schoolview 100,000 175,000 174,335 665 99.6% - 16,398 15,733 95.9% Started On-going. McKee & VanSant Arc Flash 125,000 125,000 67,196 57,804 53.8% 75,000 75,000 26,196 34.9% Started Should be done in June. Totals - FY09 $ 270,000 $ 345,000 $ 274,502 $ 70,498 226.6% $ 75,000 $ 112,815 $ 51,317 68.4% FY2010 Vehicles & Equipment $ 347,042 $ 452,765 $ 387,702 $ 65,063 85.6% $ 347,042 $ 452,765 $ 387,702 85.6% Completed Truck and Equipment in service. B Vansant CT Mark IV Control (Replmnt) 700,000 610,000 280,506 329,494 46.0% 700,000 610,000 280,506 46.0% Completed In service. B Plant Driveway 240,000 240,000 478 239,522 0.2% 240,000 240,000 478 0.2% Completed In service. R Misc. Upgrades 51,000 51,000 23,691 27,309 46.5% 51,000 51,000 23,691 46.5% Started Ongoing, as needed. McKee Run Smoke/Heat Detection 55,000 55,000 21,200 33,800 38.5% 55,000 55,000 21,200 38.5% Completed Completed. Work Mgmt. System R l eplacement 85,000 85,000 12,204 72,796 14.4% 85,000 85,000 12,204 14.4% Started Vendor awarded bid. Unit 3 Remove Cyclone Separators 51,000 80,000 822 79,178 1.0% 51,000 80,000 822 1.0% Completed Removed. Unit 2 Remove Cyclone Separators 36,000 20,000 1,066 18,934 5.3% 36,000 20,000 1,066 5.3% Completed Removed. Unit 1 Remove Cyclone Separators 36,000 20,000 1,066 18,934 5.3% 36,000 20,000 1,066 5.3% Completed Removed. 10 KW Photovoltaic @ McKee 65,065 65,065 - 65,065 0.0% - 65,065 - 0.0% Started Material ordered. S LED Lighting Replacement 70,087 70,087 - 70,087 0.0% - 70,087 - 0.0% Started Out ot bid. R UG Transformers 156,570 156,570 85,409 71,161 54.5% 156,570 156,570 85,409 54.5% Started Ongoing, as needed. R UG Conductors 457,780 438,780 355,609 83,171 81.0% 457,780 438,780 355,609 81.0% Started Ongoing, as needed. R Kent County Lighting Project 216,950 216,950 40,777 176,173 18.8% 216,950 216,950 40,777 18.8% Started Lights in but not energized. R Single & 3 Phase Meters 50,000 50,000 17,618 32,382 35.2% 50,000 50,000 17,618 35.2% Started Ongoing as needed. Total New Developments 881,300 862,300 499,412 362,888 57.9% 881,300 862,300 499,412 57.9% R Lighting Improvements & Rehab 50,000 69,000 37,561 31,439 54.4% 50,000 69,000 37,561 54.4% Started Finishing Govs Aven. R Replacement of 69KV Breakers 183,000 183,000 163,552 19,448 89.4% 183,000 183,000 163,552 89.4% Started Installed. R Replace SS Equipment (as required) 40,000 47,425 - 47,425 0.0% 40,000 47,425 - 0.0% Started Ongoing, as needed. R Distribution Capacitors 120,000 120,000 18,887 101,113 15.7% 120,000 120,000 18,887 15.7% Dropped Dropped, no longer needed. M/B Mid City Substation 1,488,461 993,711 646,125 347,586 65.0% 1,593,461 993,711 646,125 65.0% Completed In service. R PT & CT Replacement 260,880 260,880 135,790 125,090 52.1% 260,880 260,880 135,790 52.1% Completed Material only this year. R Transmission & Switches 23,000 15,575 10,332 5,243 66.3% 23,000 15,575 10,332 66.3% Started Ongoing as needed. R Upgrade Trans., Distr. Lines 351,096 351,096 247,583 103,513 70.5% 351,096 351,096 247,583 70.5% Started Ongoing as needed. B Crossgates 396,904 543,075 428,364 114,711 78.9% 396,904 543,075 428,364 78.9% Started Line burial ongoing. B Buchanan Acres 406,000 865,144 641,953 223,191 74.2% 406,000 865,144 641,953 74.2% Started Line burial ongoing. Total Distribution Upgrades 1,154,000 1,759,315 1,317,900 441,415 74.9% 1,154,000 1,759,315 1,317,900 74.9% In Kent Acres & S. of Dover. Totals - FY10 $ 6,768,135 $ 6,060,123 $ 4,040,090 $ 2,832,333 66.7% $ 5,906,683 $ 6,060,123 $ 3,558,295 58.7% Grand Totals $ 28,812,653 $ 27,117,350 $ 23,257,822 $ 4,671,828 85.8% $ 5,981,683 $ 8,730,727 $ 4,438,404 50.8% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. B = Bonded Project S = State fully or partially reimbursed project Page 5 of 5

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities - Electric DATE SUBMITTED: 7/14/2010 PREPARED BY: Ronald Lunt – Public Utilities Director SUBJECT: SCADA (System Control and Data Acquisition) 2010 Maintenance Contract REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager and Controller EXHIBITS: N/A EXPENDITURE REQUIRED: Not to exceed budget for any account AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Operation accounts: 412-7600-576.30-31; 412-6900-569.30-31; 480-8300-563.30-31; or applicable CIP project. The last two years of contract value were: FY 09 $46,558 and FY 10 (through May) $24,650. TIMETABLE: Contract will be executed following Council approval. RECOMMENDED ACTION: Award a contract to Donovan Contractual Services (DCS) for one (1) year with the City’s option to annually extend the contract for a total of three (3) years. BACKGROUND AND ANALYSIS The Public Utilities operate two fixed System Control and Data Acquisition (SCADA) systems to monitor and control fourteen electric substations, two power generation facilities, twenty-three water wells, one water treatment plant, and forty-two wastewater pumping stations. In addition the Public Utilities operate the communication system for each location which communicates either through fiber optics or a radio system. In the past an employee was assigned to this function; however, after his retirement the position was not filled as it was decided to disperse the duties to current employees and issue a “support” contract to minimize expenses. It has been decided to continue this practice as this method has proven to be cost effective. The proposal package was advertised by the City’s Contract and Procurement Manager under Proposal #10- 0037 DPU and we received two responses to the request. The proposals were evaluated on experience, training and emergency response time. DCS and Downes Associates both presented acceptable proposals. The selection was based on the experience and knowledge that DCS has with the current SCADA configuration and a lower price. The services to be provided under this contract will include support for the current staff that are responsible for the maintenance and repair of the current SCADA components and assist with the upgrade of obsolete equipment. In addition the contractor will assist staff with the troubleshooting and repair of the radio/fiber communication system and related components. It is staffs recommendation that a one year contract be issued with the ability to extend it annually for an additional two years. By structuring the contract in this form the City can monitor the expenses and hire an employee if it is determined that this is more economically feasible. Vendor Hourly Rate Downes Associates, Inc $110 Donovans Contractual Services $50

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities – Wastewater DATE SUBMITTED: 07-13-10 PREPARED BY: Ron Lunt, Public Utilities Director SUBJECT: Evaluation of Bids – Sanitary Sewer Main Relining (Inflow & Infiltration Removal) REFERENCE: CIP – Inflow / Infiltration Removal RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: N/A EXPENDITURE REQUIRED: $1,307,300 AMOUNT BUDGETED: $1,800,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Public Utilities – Wastewater Management, Inflow / Infiltration Removal, CIP page 175, Account Number 417- 6900-569.40-31, Project Number WW1001. This project is funded through the Delaware Water Pollution Control Revolving Loan Fund program which is administered by DNREC, Division of Water Resources. TIME TABLE: Notice to Proceed to be issued within 30 days of Council approval. Substantial completion to be achieved within 180 days. RECOMMENDED ACTION: Approve the low bid submitted by Lanzo Lining Services, Inc. in the amount of $1,307,300 for the relining of the Division Street Interceptor and portions of the Northwest Interceptor. BACKGROUND AND ANALYSIS The Budget for Public Utilities – Wastewater Management includes the Inflow / Infiltration Removal capital project to correct areas in the sanitary sewer collection system that are deteriorating and allowing groundwater to enter the sanitary sewer system through cracked pipes and/or through poorly sealed joints. Eliminating infiltration into the City’s sanitary sewer mains will result in reduced pumping and treatment costs. Issues identified within the wastewater system are to be addressed through the Inflow / Infiltration CIP. During FY ‘06 a Sanitary Sewer Inflow & Infiltration Study was conducted which included the cleaning and video inspection of 18,243 l.f. of four (4) of the major sanitary sewer interceptors in the City. As a result of the study, 5,006 l.f. of various sized sanitary sewer mains were identified for relining and point repairs. The FY ’10 Budget included the Inflow / Infiltration CIP to allow for the relining and/or repair of issues identified within portions of the study area. Sanitary sewer lines identified for relining in this project consist of twelve‐inch (12”), twenty-four inch (24”), twenty-seven inch (27”) and thirty‐inch (30”) diameter pipes. The bid package was advertised by the City’s Contract and Procurement Manager under Bid #10-0033DPU and was opened on June 30, 2010. The following two (2) contractors submitted bids for the proposed project. CONTRACTOR LOCATION AMOUNT OF BID Abel Recon, Inc. Mountville, PA $1,555,348.88 Lanzo Lining Service, Inc. Deerfield Beach, FL $1,307,300.00 City staff reviewed the Lanzo Lining Services bid package and found it free of math errors and/or discrepancies. In addition, staff has reviewed the contractor’s qualification information which included a list of recently completed projects similar in material scope to the sanitary sewer relining project and their financial statement and found all information to be adequate. The low bid represents fair market value; and their qualifications are in accordance with the requirements of this project.

ACTION FORM PROCEEDING: Council DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: July 16, 2010 PREPARED BY: Anthony J. DePrima - City Manager SUBJECT: DSWA - Municipal Discount Disposal Fee and Recyclable Material Agreement REFERENCE: RELATED PROJECT: DSWA –Recycling Agreement REVIEWED BY: Anthony J. DePrima – City Manager EXHIBITS: Exhibit #1 – DSWA Agreement, Exhibit #2 – Recyclable Material Agreement EXPENDITURE ESTIMATED: $1,204.416 AMOUNT BUDGETED: $1,204,416 FUNDING SOURCE (Dept./Page Budget): Sanitation Division, Page 257 in Draft Budget ($1,608,170 listed, but reduced during the budget review to $1,204,416) TIMETABLE: Effective Immediately After Signing RECOMMENDED ACTION: Authorize the City Manager to sign the DSWA Municipal Discount Disposal Fee Agreement (Exhibit #1) and the Recyclable Material Agreement (Exhibit #2). BACKGROUND AND ANALYSIS The Delaware Solid Waste Authority and a coalition of Municipalities, that contract directly with the DSWA, negotiated a new three year contract with DSWA for Municipal Disposal Fees (Exhibit #1). The municipalities were able to successfully negotiate the “rebate” out of the contract where the DSWA was going to charge a higher fee and rebate it at the end of the year. The $72.00 per ton fee started on July 1, 2010 which represents a 40% increase over last year’s fee. The fees increase to $74.00 per ton and $76.00 per ton over the next two years of the contract. The municipalities were not successful in convincing the DSWA to keep a lower fee for “Dry Waste” as it was done in the prior contract. All other language is similar to existing provisions. The municipalities were also to negotiate free disposal of recyclable material waste for up to six years (Exhibit #2). This gives the contracted municipalities’ even greater assurances than what is in the new Universal Recycling Law. The municipalities were also able to negotiate a deferred payment plan, but there is no advantage to this option because Dover’s budget is done on an accrual basis of accounting. Other municipalities that are taking advantage of the deferred payment option use a cash basis budget.

MUNICIPAL DISCOUNT DISPOSAL FEE AGREEMENT THIS AGREEMENT, entered into by and between the Delaware Solid Waste Authority (”Authority”) and City of Dover, Delaware (“Customer”), made this ________ of _______, 20_____. WHEREAS, the Authority owns and operates facilities throughout the State of Delaware; and WHEREAS, the Authority receives solid waste and dry waste at its facilities from various customers who collect and/or transport solid waste and dry waste generated in the State of Delaware; and WHEREAS, for municipalities with accounts with the Authority which collect and transport the solid waste and dry waste generated within their municipal boundaries with their own equipment and labor force the Authority is willing to provide an option to such municipality which allows the municipality to choose to receive a rebate or a discount regarding payment of the adopted uniform base rate; and WHEREAS, the Customer wishes to utilize the services of the Authority for the receipt and disposal of all Customer’s solid waste and dry waste collected in the State of Delaware; and WHEREAS, the Authority wishes to provide disposal services to Customer under this Agreement as an integral part of fulfilling its statutory responsibilities and satisfying its financial obligations. NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement, and other good and valuable consideration, the parties, intending to be legally bound, hereby agree as follows: 1. Customer shall, subject to the exceptions set forth in Paragraph 6 hereafter, deliver to Authority designated facilities all solid waste and dry waste generated in the State of Delaware which is collected and/or transported by Customer during the term of this Agreement. 2. Customer shall pay to the Authority:

Delaware Solid Waste Authority Discount Disposal Fee Agreement (a) Seventy Two Dollars ($72.00) for each ton of solid waste and dry waste delivered to the Authority landfills; namely, the Northern Solid Waste Facility located at Cherry Island in Delaware, the Central Solid Waste Facility located at Sandtown in Delaware, and the Southern Solid Waste Facility located at Jones Crossroads in Delaware; and Seventy Six Dollars ($76.00) for each ton of solid waste and dry waste delivered to the Authority transfer stations, namely the Pine Tree Corner facility, the Milford facility, and the Route 5 facility, during the period commencing July 1, 2010 and ending June 30, 2011; (b) Seventy Four Dollars ($74.00) for each ton of solid waste and dry waste delivered to the Authority landfills; namely, the Northern Solid Waste Facility located at Cherry Island in Delaware, the Central Solid Waste Facility located at Sandtown in Delaware, and the Southern Solid Waste Facility located at Jones Crossroads in Delaware; and Seventy Eight Dollars ($78.00) for each ton of solid waste and dry waste delivered to the Authority transfer stations, namely the Pine Tree Corner facility, the Milford facility, and the Route 5 facility, during the period commencing July 1, 2011 and ending June 30, 2012; and (c) Seventy Six Dollars ($76.00) for each ton of solid waste and dry waste delivered to the Authority landfills; namely, the Northern Solid Waste Facility located at Cherry Island in Delaware, the Central Solid Waste Facility located at Sandtown in Delaware, and the Southern Solid Waste Facility located at Jones Crossroads in Delaware; and Eighty Dollars ($80.00) for each ton of solid waste and dry waste delivered to the Authority transfer stations, namely the Pine Tree Corner facility, the Milford facility, and the 3. In the event the Authority establishes a general base rate for disposal of solid waste and dry waste below the base rates specified in Paragraph 2 above for the time periods indicated, Customer shall be entitled to such lower base rates while such lower base rates are in effect. Dry waste shall be as defined in the Regulations of the Delaware Solid Waste Authority and 2

Delaware Solid Waste Authority Discount Disposal Fee Agreement shall be delivered in separated loads free of any commingled municipal solid waste. The delivery of yard waste to Authority facilities shall be subject to any limitations or prohibitions imposed by law, regulations and permit conditions, and any special restrictions or requirements imposed by the Authority. 4. The term of this Agreement shall be from July 1, 2010 or the execution date of this Agreement thereafter to June 30, 2013. 5. The rates in paragraphs 2, above shall be conditioned on full payment by Customer of all amounts due, when due, by Customer under the Authority’s payment policy for services provided by the Authority, provided, however, that delinquent payment shall not relieve Customer of the obligation to deliver all solid waste and dry waste to designated Authority facilities in accordance with the requirements set forth in paragraph 1 above. 6. For purposes of this Agreement the solid waste and dry waste required to be delivered to designated Authority facilities under Paragraphs 1 above shall not include: (a) source separated recyclable materials, including any materials collected under curbside recycling programs, provided however, the waste residue resulting from the recycling, resource recovery or beneficial use of Delaware solid waste and dry waste which is generated from operations conducted in Delaware shall not be subject to this exemption; (b) special solid waste as defined by the Authority; (c) industrial solid waste as defined by the Authority; (d) agricultural waste generated on a farm; (e) tires; (f) non-hazardous waste resulting from emergency clean-up actions; (g) waste materials collected from industrial facilities which have adopted and implemented a company wide policy requiring all waste materials generated at the industrial facility to be disposed at waste to energy plants; 3

Delaware Solid Waste Authority Discount Disposal Fee Agreement (h) dry waste generated and collected in New Castle County, Delaware. Customer may, however, deliver to Authority facilities the solid waste and dry waste generated in the State of Delaware and identified in subparagraphs (a) through (i) above, subject to payment of the applicable disposal fee, and subject to compliance with laws, regulations and permit conditions, and the Authority’s rules, regulations and procedures pertaining to such dry waste and solid waste. 7. It shall be a condition of default and cause for termination if Customer: (a) fails to maintain a current payment account in accordance with Authority’s rules, regulations, procedures, and payment policies; (b) fails to deliver the solid waste or dry waste required to be delivered to the Authority’s facilities under this Agreement, provided, however, that unintentional and non-material failures by Customer to make the required delivery of solid waste or dry waste will not be grounds for termination if the Customer provides written notice of the failure within seventy-two (72) hours of the event, and cures such failure by making arrangements for delivery to Authority facilities of sufficient amounts of acceptable alternative or replacement solid waste or dry waste generated in the State of Delaware, and not subject to the requirements of Paragraph 1 above, to account for the short fall in tonnage and user fee loss experienced by the Authority as a result of the failure; or (c) fails on a repeated basis to comply with laws and regulations applicable to solid waste collection and transportation, or the Authority’s rules, regulations and policies. 8. It shall be a condition of default and cause for termination if the Authority engages in the curbside collection of municipal solid waste, provided that the default is not cured by Authority within (30) days of written notification by Customer to Authority of the default. 9. Customer and Authority shall be relieved of responsibility for performance under this Agreement to the extent and for such time or times in which Customer or Authority are prevented or substantially impaired from performing obligations under this Agreement by reason of changes in law or official governmental action by rule, order, regulation or otherwise. 4

Delaware Solid Waste Authority Discount Disposal Fee Agreement 10. This Agreement shall inure to the benefit of and be binding on Customer, its successors, assigns, parents, subsidiaries, affiliates, partners, joint venturers, divisions, contractors and sub- contractors, and all other entities, existing or newly formed, controlled directly or indirectly by Customer or its successors, assigns, parents, subsidiaries, affiliates, partners, joint venturers, divisions, and all other entities, existing or newly formed, controlled directly or indirectly by them, through changes in ownership or status, by transfer of assets or otherwise, and which engage in the collection and/or transportation of solid waste and/or dry waste generated in the State of Delaware. 11. This Agreement shall be interpreted in accordance with the laws of the State of Delaware. Any lawsuit initiated with respect to this Agreement shall be filed in the State courts of the State of Delaware. 12. This Agreement represents the entire understanding of the parties. This Agreement shall not be amended without the written consent of both parties. If Customer has entered a separate Differential Disposal Fee Agreement with the Authority which is in effect at the time of execution of this Agreement, such prior Agreement shall remain in effect until its expiration date. IN WITNESS WHEREOF, the Authority and Customer have entered this Agreement. DELAWARE SOLID WASTE AUTHORITY MUNICIPAL CUSTOMER By:_______________________________ By:_______________________________ (Signature) (Signature) By:_______________________________ By:_______________________________ (Please Print Name) (Please Print Name) Witness:___________________________ Witness:___________________________ DDF Agree-Option for Rebate or Discount.revised.6.10.10doc 5

AGREEMENT FOR THE MANAGEMENT OF RECYCLABLE MATERIALS COLLECTED THROUGH MUNICIPAL PROGRAMS NOW COMES, the Delaware Solid Waste Authority, (“Authority”), a body politic and corporate constituting a public instrumentality of the State of Delaware, and City of Dover, Delaware (“Municipality”), a public body of the State of Delaware. WHEREAS, the Authority is authorized to enter into agreements with municipalities, Counties and State agencies to provide solid waste management services; and WHEREAS, the Authority has established a program for accepting, handling and marketing single stream source separated recyclable materials throughout the State of Delaware; and WHEREAS, Municipality has established a program for curbside collection and transportation of single stream source separated recyclable materials; and WHEREAS, the markets for recyclable materials is at times volatile and some or all of such materials can have negative value and involve a cost to have the materials property recycled; and WHEREAS, there are occasions when the cost of handling, transporting, managing and marketing recyclable materials exceeds the value of such materials; and WHEREAS, the Authority has designated facilities which are capable of accepting recyclable materials throughout the State; and WHEREAS, the Authority as a means of supporting local recycling programs is willing to bear the market risk of accepting recyclables at Authority designated facilities at no cost to those municipalities, Counties and State agencies that conduct curbside or facility single stream source separated recycling programs. NOW THEREFORE, based on the promises set forth herein and other good and valuable consideration, Authority and Municipality agree as follows: 1. The Authority shall accept from Municipality at no cost to Municipality all single stream source separated recyclables that are delivered by Municipality to designated Authority facilities. The recyclables delivered by Municipality shall be collected through Municipality’s duly established and operated curbside or facility recycling program. 2. The single stream source separated recyclables accepted by Authority shall be limited to paper materials (such as newspapers, magazines, catalogs, telephone books, soft cover books, junk mail, paper board and cardboard), narrow-neck plastic bottles, (such as milk jugs, bleach-detergent containers, shampoo bottles), plastic bags, glass bottles and jars, and metal containers (tin, steel and aluminum), and such other materials which are approved in writing by the Authority.

3. The Authority will not accept under this Agreement as recyclables any hazardous materials, household hazardous wastes, oil, petroleum or grease wastes, chemical wastes, dry waste, construction and demolition wastes, food wastes, yard wastes, oil filters, batteries, tires, appliances, electronic goods, toxic wastes or other materials which are not compatible with the processing and marketing of single stream source separated recyclable materials. 4. The Authority reserves the right to reject deliveries of materials from municipalities which contain unacceptable materials. A delivery will be subject to rejection if it contains more than five (5) percent by volume of unacceptable materials as determined through inspection by the Authority. Any materials which are rejected by the Authority shall be properly disposed by the Municipality at the sole expense of the Municipality. 5. The Authority shall assure that all acceptable recyclables delivered by Municipality are directed to facilities which are properly permitted to process recyclables. The Authority shall be exclusively entitled to sell the recyclables received and receive all income derived from the sale of the recyclables. 6. Municipality shall be entitled to contract with any hauler that provides collection and/or transportation services for the recyclables collected under Municipality’s program. Municipality shall inform any such contractor of the requirements of this Agreement. 7. Municipality shall comply with the Authority regulations and guidelines and all laws, regulations and ordinances during the term of this Agreement. 8. Municipality shall deliver or cause to be delivered to the designated Authority facilities all the acceptable recyclable materials collected under Municipality’s program during the term of this Agreement. This Agreement shall expire on June 30, 2016. IN WITNESS WHEREOF, the parties hereto, intending to be bound, have executed this Agreement on this ________________ day of ____________, 2010. WITNESS: DELAWARE SOLID WASTE AUTHORITY ______________________________ _____________________________________ WITNESS: (MUNICIPALITY) ______________________________ ______________________________________ F:\FMP\!DSWA\2010\Agreement of Recyclable Materials Municipal Programs.doc

City of Dover MAYOR AND COUNCIL DRAFT PROPOSED COUNCIL RESOLUTION NO. 2010-06 1 WHEREAS, the City of Dover's investment policy includes the investment of funds up to $100,000 per 2 banking institution, investments in the State of Delaware Investment Pool and the purchase and sale of U.S. 3 Treasury and agency securities; and 4 WHEREAS, the banking institutions, brokerage firms, trust companies and other various financial 5 institutions require an Authorizing Resolution for the opening of accounts, and for purchasing, selling, 6 transferring, assigning and handling securities; 7 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that the 8 Controller/Treasurer and Assistant Treasurers are hereby authorized to open accounts with banking 9 institutions and purchase, sell, transfer assignment and handle securities and that they are authorized to sign 10 all related forms; 11 BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one signature; 12 and 13 That the following are the office holders authorized for these purposes, until further notice: 14 Donna S. Mitchell - Controller/Treasurer 15 Traci A. McDowell - Assistant Treasurer 16 Amber L. Clendaniel - Assistant Treasurer 17 ADOPTED: * 18 S:\PACKETS\2010\Council\07-26-2010\Res. No. 2010-06 Authorizing ControllerTreasurer and Assistants to Disburse Funds.wpd 19 20 CARLETON E. CAREY, SR. KENNETH L. HOGAN 21 MAYOR COUNCIL PRESIDENT 22 Actions History: 23 July 26, 2010 - Introduced at City Council P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2010-22 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Chapter 18 - Animals - Section 18-1 - Definitions, be amended by inserting the text indicated 4 in bold, blue, italics and deleting the text indicated in red strikeout as follows: 5 Sec. 18-1. Definitions. 6 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed 7 to them in this section, except where the context clearly indicates a different meaning: 8 Animal includes every living dumb creature, and birds and fowl. 9 Animal abandonment includes completely forsaking or deserting an animal originally under 10 one's custody, without making reasonable arrangements for custody of that animal to be assumed by 11 another person. 12 Animal control officer means a person employed by the city as an enforcement officer, 13 including sworn police officers. 14 Animal shelter and veterinary facility mean any premises so designated by the city for the 15 purpose of impounding and caring for strays, animals found running at-large, or animals in violation 16 of this chapter. 17 Apiary means the assembly of one or more colonies of bees at a single location. 18 At-large means an animal off the premises of the owner and not under the control of a 19 human being either by leash, cord, chain or otherwise. 20 Beekeeper means a person who owns or has charge of one or more colonies of bees. 21 Beekeeping equipment means anything used in the operation of an apiary, such as 22 hive bodies, supers, frames, top and bottom boards and extractors. 23 Colony or hive means an aggregate of bees consisting principally of workers, but having, 24 when perfect, one queen and at times many drones, including brood, combs, honey and the 25 receptacle inhabited of bees. 26 Cruel includes every act or omission to act whereby unnecessary or unjustifiable physical 27 pain or suffering is caused or permitted. 28 Custody includes the responsibility for the welfare of an animal subject to one's care and 29 control, whether he owns it or not.

Proposed Ordinance #2010-22 - Chapter 18 - Animals Page 2 30 Domesticated animal means any animal that is accustomed to living in or about the 31 habitation of man, including, but not limited to, cats, dogs, cows, horses, swine and fowl. 32 Food and drink includes providing each animal with daily food and water of sufficient 33 quality and quantity to prevent unnecessary or unjustifiable physical pain or suffering by the animal. 34 Habitable structure means any building or structure used, or intended for use, on a day-to- 35 day basis by people for residential properties, or for purposes of conducting a commercial or 36 industrial business, or for purposes of a similar nature. 37 Honey bee means all life stages of the common domestic honey bee, Apis mellifera 38 species. 39 Nucleus colony means a small colony created from larger colonies 40 Owner means any person, partnership, association, or corporation owning, keeping or 41 harboring a dog or other animal. Any animal shall be deemed to be harbored if it is fed or sheltered 42 for three or more consecutive days. 43 Public nuisance animal means any domestic animal or group of domestic animals which: 44 (1) At-large. Is repeatedly found at-large; 45 (2) Property damage. Damages the property of anyone other than its owner; 46 (3) Interference with persons, vehicles. Molests passersby or chases passing vehicles or 47 bicycles; 48 (4) Noise. Barks, whines or howls in an excessive, continuous or untimely fashion; 49 (5) Odor. Creates an odor which is noxious or offensive, and/or which constitutes a 50 substantial annoyance, convenience or injury to the public; or 51 (6) General welfare. Interferes with the health, comfort, safety or enjoyment of property; 52 offends the sense of decency of the public as a result of unsanitary conditions in the area 53 where such animals are kept; and/or creates a danger to the public health as determined by 54 the state division of public health. 55 Restraint means when a dog or other animal is controlled by a leash, cord, chain, or under 56 the control of an owner or other responsible person and obedient to that person's commands, or 57 within a vehicle being driven or parked on the street, or within the property limits of its owner or 58 keeper. 59 Shelter includes providing each animal with adequate shelter from the weather elements as 60 required to prevent unnecessary or unjustifiable physical pain or suffering by the animal.

Proposed Ordinance #2010-22 - Chapter 18 - Animals Page 3 61 Stray means a domesticated animal for which ownership is not established or for which the 62 owner disclaims future responsibility. 63 Super means an additional story on top of a hive. 64 Undeveloped parcel means any land that is not improved or in the process of being 65 improved with habitable structures. 66 Vicious dog or animal means any dog or animal which constitutes a physical threat to a 67 human being or other animal by virtue of attacks of such number and/or severity as to be likely to 68 cause property damage or physical injury. Evidence of a prior instance of an animal biting a human 69 being, without provocation, shall be prima facie evidence that the dog or animal is vicious. This term 70 is further defined in section 18-9(a). 71 Wild animal means any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous 72 snake, boa, python, leopard, panther, tiger, lion, lynx or any other warm-blooded animal which can 73 normally be found in the wild state. 74 BE IT FURTHER ORDAINED That Chapter 18 - Animals - Section 18-16 - Keeping Bees, be 75 amended by inserting the text indicated in bold, blue, italics and deleting the text indicated in red 76 strikeout as follows: 77 Sec. 18-16. Keeping bees. 78 (a) Notwithstanding compliance with the various requirements of this article, it shall be 79 unlawful for any beekeeper to keep any colony or colonies in such a manner or of such 80 disposition as to cause any unhealthy condition, interfere with the normal use and 81 enjoyment of human or animal life of others or interfere with the normal use and 82 enjoyment of any public property or property of others. 83 (a b) Location of beehives from structures and businesses. Beehives for the housing of bee 84 colonies shall not be located closer than 150 feet from residential structures, hospitals, public 85 eateries, churches, offices or schools. 86 (b c) Maintenance permitted at educational and farm facilities; exemption. Universities, 87 colleges, museums and farms of two acres or more may maintain hives on their properties 88 in a safe manner, provided that the hives meet a 40-foot setback requirement from buildings 89 on adjacent properties. Universities, colleges, museum facilities and farms of two acres or 90 more are exempt from the 150-foot setback requirement for buildings that are located on 91 their properties. 92 (c d) Declared nuisance; removal. Any beehive that is declared a nuisance by a majority vote 93 of the city council may be required to be removed or relocated. 94 (e) Hive Registration. All honey bee colonies shall be registered with the State of 95 Delaware Department of Agriculture.

Proposed Ordinance #2010-22 - Chapter 18 - Animals Page 4 96 (f) Hive Type. All honey bee colonies shall be kept in removable frames, which shall 97 be kept in sound and usable condition. 98 (g) Fencing of flyways. In each instance in which any colony is situated within 25 feet 99 of a public or private property line of the parcel upon which the apiary is situated, as 100 measured from the nearest point on the hive to the property line, the beekeeper shall 101 establish and maintain a flyway barrier at least six (6) feet in height consisting of an 102 opaque wall, fence, dense vegetation or combination thereof that is parallel to the property 103 line and extends 10 feet beyond the colony in each direction so that all bees are forced to 104 fly at an elevation of at least 6 feet above ground level over the property lines in the 105 vicinity of the apiary. It is a defense against prosecution under this section that the 106 property adjoining the apiary tract in the vicinity of the apiary is undeveloped property for 107 a distance of at least 25 feet from the property line of the apiary tract, unless prohibited 108 by the zoning ordinance. 109 (h) Water. Each beekeeper shall ensure that a convenient source of water is available 110 to the bees at all times during the year so that the bees will not congregate at swimming 111 pools, bibcocks, pet watering bowls, bird baths or other water sources where they may 112 cause human, bird or domestic pet contact. 113 (i) General Maintenance. Each beekeeper shall ensure that no bee comb or other 114 materials that might encourage robbing are left upon the grounds of the apiary site. Upon 115 their removal from the hive, all such materials shall promptly be disposed of in a sealed 116 container or placed within a building or other bee-proof enclosure. 117 (j) Queens. In any instances in which a colony exhibits unusual aggressive 118 characteristics by stinging or attempting to sting without due provocation or exhibits an 119 unusual disposition toward swarming, it shall be the duty of the beekeeper to promptly 120 re-queen the colony with another queen. Queens shall be selected from stock bred for 121 gentleness and non-swarming characteristics. 122 (k) Colony Densities. For every two (2) colonies authorized under this section, there 123 may be maintained upon the same tract one nucleus colony in a hive structure with no 124 supers attached, as required from time to tome for management of swarms. Each such 125 nucleus colony shall be disposed of or combined with an authorized colony within 30 days 126 after the date acquired. It shall be unlawful to keep more than the following number of 127 colonies on any parcel within the city, based upon size or configuration of the parcel on 128 which the apiary is situated: 129 (1) One-quarter acre or less - two (2) colonies 130 (2) More than one-quarter acre but less than one-half acre - 4 colonies 131 (3) More than one-half acre but less than one acre - 6 colonies 132 (4) One acre or larger - 8 colonies

Proposed Ordinance #2010-22 - Chapter 18 - Animals Page 5 133 (5) Regardless of parcel size, where all hives are situated at least 200 feet in 134 any direction from all property lines of the tract on which the apiary is situated, 135 there shall be a limit of ten (10) colonies. 136 (6) Regardless of parcel size, so long as all property other than the tract upon 137 which the hives are situated, that is within a radius of at least 200 feet from any 138 hive, remains undeveloped parcels there shall be a limit of ten (10) colonies. 139 (l) Inspection. The Department of Inspections shall have the right to inspect any 140 apiary. 141 (m) Violations; penalties. Any person convicted of violating the provisions of this section 142 shall be punished as provided for in Appendix F - Fees and Fines. 143 BE IT FURTHER ORDAINED That Appendix F - Fees and Fines, Chapter 18 - Animals - Section 144 18-16 - Keeping Bees, be amended by inserting the text indicated in bold, blue, italics, as follows: 145 Sec. 18-16 Keeping bees Subsec. (m) Violations; penalties, for each violation Not less than $25.00 or more than $100.00 146 ADOPTED: * 147 Actions History 148 July 12, 2010 - Introduction/First Reading at Council 149 June 30, 2010 - Considered by Safety Advisory and Transportation Committee 150 April 28, 2010 - Considered by Safety Advisory and Transportation Committee 151 January 27, 2010 - Considered by Safety Advisory and Transportation Committee 152 S:\ORDINANCES\2010\Draft Ordinances\Ordinance 2010-22 - Chpt 18 - Animals (Related to Beekeeping) FINAL RDG.wpd