COUNCIL Minutes

REGULAR COUNCIL MEETING The Regular Council Meeting was held on October 25, 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, Ms. Russell, Mrs. Mitchell, 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 was not in official session and could not take formal action. Mr. N.C. Vasuki, 235 Carnoustie Road, stated that the City=s new recycling contractor is doing a first rate job. He indicated that they are very efficient, taking about 10 seconds to stop, empty the cart, and move on. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Bonar moved for approval of the agenda, seconded by Mr. Leary and unanimously carried. Mrs. Williams requested that Item #7A - Parks, Recreation, and Community Enhancement Committee Report of October 11, 2010 - Status and Review of Library Project and Financing Plan and Item #9B - Legislative, Finance, and Administration Committee Report of October 11, 2010 - Status and Review of Library Project and Financing Plan, be removed from the Consent Agenda. Mr. McGiffin requested that Item #1 - Adoption of Minutes - Regular Council Meeting of October 11, 2010, be removed from the Consent Agenda. Mr. Salters moved for approval of the Consent Agenda, as amended, seconded by Mr. Leary and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 11, 2010 Mr. McGiffin reminded members of their lengthy discussion during the Regular Council Meeting of October 11, 2010 regarding the impact that the creation of the Sex Offender Unit had on the Community Policing Unit. He noted that, subsequently, Chief Hosfelt has clarified that the Sex Offender Unit added police officers to the force rather than detracting from the Community Policing Unit. Mr. McGiffin advised members that a note correcting the record has been included in the minutes. The Minutes of the Regular Council Meeting of October 11, 2010 were unanimously approved by motion of Mr. McGiffin, seconded by Mr. Bonar and bore the written approval of Mayor Carey.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 2 CERTIFICATE OF WELCOME - GREG WILLIAMS, CEO OF DELMARVA RURAL MINISTRIES Mayor Carey presented a Certificate of Welcome to Mr. Gregory Williams, Chief Executive Officer of Delmarva Rural Ministries, Inc. Mr. Williams advised members that Delmarva Rural Ministries provides housing and primary health care services to underserved populations, such as migrant farm workers. RECOGNITION OF SERVICE - PAUL FLEMING - DOVER HUMAN RELATIONS COMMISSION (MARCH 2004 - AUGUST 2010) On behalf of members of Council, Mayor Carey presented Mr. Paul Fleming with a Dover Cup in recognition of his service on the Dover Human Relations Commission from March 2004 through August 2010. Mr. Fleming thanked Council for the opportunity to serve and noted that the Commission has accomplished many good things and will continue to do so. PUBLIC HEARING - PROPOSED RESOLUTION NO. 2010-13 - APPROVING (PAPER) ALLEY ABANDONMENT - 18 ELM TERRACE - VALERIE SATTERFIELD A public hearing was duly advertised for this time and place to consider abandonment of a portion of a 12 foot wide paper alley running between two (2) parcels located at 18 Elm Terrace comprising 811.62 square feet, more or less. Council President Hogan declared the public hearing open. Mrs. Valerie Satterfield, 18 Elm Terrace, advised members that it appears that the alley has never been used and she requested approval of the abandonment so that she could place a shed behind her garage. Mr. Dennis Grimm, 20 Elm Terrace, stated that he was not opposed to the abandonment; however, he did not feel that the property owners should be required to pay for the deed if the City retains a utility easement, thereby making the property unusable to the owner. Responding, Mr. Anthony DePrima, City Manager, noted that this was a partial abandonment that pertained only to 18 Elm Terrace. He also noted that, in this case, the utility runs across the alley, not parallel to it, and Mrs. Satterfield would only be restricted from placing her shed on top of the water line. There being no one else wishing to speak, the public hearing was closed. Mr. Leary moved for approval of the request to abandon a portion of a 12 foot wide paper alley running between two (2) parcels located at 18 Elm Terrace comprising 811.62 square feet, more or less. The motion was seconded by Mrs. Russell and by a unanimous roll call vote, Council adopted Resolution No. 2010-13, as follows: A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 3 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 hereby vacates and abandons the following alley: All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a 12 foot wide paper alley running west to east approximately 67.00 feet from the southwest property corner of Parcel No. 1: Tax Parcel #ED-05- 077.09-05-65.00 to the southeast property corner of said parcel, then running in a southerly direction 12 feet to the northeast property corner of Parcel No. 2 - Tax Parcel #ED-05-077.09-05-65.00, then running east to west approximately 68.27 feet to the northeast corner of Parcel No. 2 - Tax Parcel #ED-05-077.09-05- 65.00, then running in a northerly direction 12 feet to back to the southwest property corner of Parcel No. 1: Tax Parcel #ED-05-077.09-05-65.00, comprising 811.62 square feet, more or less. Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley, no compensation is awarded. Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and all costs of conveyance shall be borne by the property owners. Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alley. ADOPTED: OCTOBER 25, 2010 PUBLIC HEARING - PROPOSED RESOLUTION NO. 2010-14 - APPROVING (PAPER) STREET ABANDONMENT - GIRL SCOUT LANE - TRACI MCDOWELL A public hearing was duly advertised for this time and place to consider abandonment of a portion of an unimproved street running behind property located at 80 and 100 Nixon Lane and in front of 44 Girl Scout Lane comprising 17,943.75 square feet, more or less. Council President Hogan declared the public hearing open. There being no one present wishing to speak, the public hearing was closed. Mr. Bonar moved for approval of the request to abandon a portion of an unimproved street running behind property located at 80 and 100 Nixon Lane and in front of 44 Girl Scout Lane comprising 17,943.75 square feet, more or less. The motion was seconded by Mrs. Russell and by a unanimous roll call vote, Council adopted Resolution No. 2010-14, as follows: A RESOLUTION VACATING AND ABANDONING A CERTAIN STREET SITUATED IN

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 4 THE CITY OF DOVER. 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 hereby vacates and abandons the following street: All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, beginning at the northeasterly corner of Tax Parcel #ED-05- 068.19-01-32.00 and running west a distance of 175.00 feet to a set yellow capped pin at the northwesterly corner of said parcel, then running in a southerly direction a distance of 200.00 feet to a set yellow capped pin at the southwesterly corner of said parcel, then running in a southerly direction a distance of 250.00 feet along the western property line of Tax Parcel #ED-05-068.19-0142.00 to a set pipe in the East line of Girl Scout Lane (unopened), then running in a westerly direction 27.5 feet along the same bearing as the southern property line of Tax Parcel #ED-05-068.19-01-42.00 to the West line of Girl Scout Lane (unopened), then running is a northerly direction a distance of 477.50 feet to a set corner of Tax Parcel #ED05-068.19-01-28.00, then running easterly a distance of 202.50 feet to the intersection of the west line of Nixon Lane and the north line of Girl Scout Lane, then running south a distance of 27.5 feet to the northeasterly corner of Tax Parcel #ED-05-068.19-01-32.00, comprising 17,943.75 square feet, more or less. Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid street, no compensation is awarded. Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and all costs of conveyance shall be borne by the property owners. Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid street. ADOPTED: OCTOBER 25, 2010 PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 749 WEST NORTH STREET, OWNED BY KNOWLES D.O. HARMON, JR., KERWIN S. HARMON, AND LEONA HARMON A public hearing was duly advertised for this time and place, to consider a violation of the Dangerous Building Ordinance at 749 West North Street, owned by Knowles D. O. Harmon, Kerwin S. Harmon, and Carrie Leona Harmon. Mr. Scott Koenig, Public Services Manager/Director of Public Works, stated that the multi-story wood framed dwelling was

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 5 damaged by fire in November of 2006. There are numerous code violations, such as broken window glass, holes in the walls, holes in the roof, extensive fire damage throughout the structure, and overall deterioration to the dwelling from exposure to weather. The structure is also a fire hazard and a danger to the residents in the surrounding area. Numerous notices were sent to the previous property owners; however, no effort was made to resolve the code violations and bring the property into compliance. Staff has received complaints from citizens regarding the current condition of the property. Mr. Koenig noted that the property was previously owned by the Estate of Knowles D. Harmon, Sr. During the City Council meeting of May 24, 2010, Council voted unanimously to refer the matter back to staff, as it was revealed that the property was under new ownership. Shortly after this meeting, ownership was transferred to Mr. Knowles D. O. Harmon, Jr., and others; however, no progress has been made regarding the outstanding code violations. Mr. Koenig stated that he spoke with Mr. Harmon on August 8, 2010 regarding the condition of the property and Mr. Harmon indicated that he was discussing the property with an attorney and that a schedule would be provided. On September 14, 2010, staff sent Mr. Harmon a certified letter advising him that the schedule had not been received and that the matter was being scheduled for Council=s consideration. Mr. Koenig showed slides depicting the condition of the structure (Exhibit #1). Staff recommended that City Council take the following action for property located at 749 West North Street: 1) declare this building and all accessory buildings on the property dangerous; 2) order the property repaired or demolished by November 25, 2010 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner within (10) days of the date set by Council and; 4) order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. Mr. Koenig provided a preliminary repair estimate of $30,000 to $35,000. Council President Hogan declared the public hearing open and, with no one present wishing to speak, the public hearing was closed. Mr. Salters moved to: 1) declare the building and all accessory buildings on the property located at 749 West North Street dangerous; 2) order the property repaired or demolished by November 25, 2010 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner within (10) days of the date set by Council and; 4) order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 6 added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote. PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 301 SOUTH GOVERNORS AVENUE, OWNED BY 301 GOVERNORS, LLC A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 301 South Governors Avenue, owned by 301 Governors, LLC. Mr. Scott Koenig, Public Services Manager/Director of Public Works, stated that in June 2007, then Deputy Fire Marshal Wayne Hutchison sent notice to the property owner citing exterior violations and requiring that a structural engineering report on the subject structure be performed. Following this initial correspondence, the property ownership transferred and the new owner secured the structural engineering report dated October 22, 2007. The structural engineering report, developed by Scott Engineering, identified a number of structural deficiencies and recommended corrections to address these deficiencies. The noted deficiencies include, among other things, the exterior brick walls, the east concrete foundation wall, the beams supporting the first floor joists, and the intermediate brick wall in the crawlspace supporting the floor joists. When the report was obtained, the property owner was given until January 1, 2009 to make the necessary corrections identified in the report. In September 2009, the owner submitted a letter indicating that he intended to get funding through Kent County=s Housing Rehabilitation Loan Program to make repairs to the building. To date, no corrections have been made and no plans have been presented to the City to make these corrections. Mr. Koenig stated that, because this building is located within the Historic District Zone, a review by the Historic District Commission was required to determine if the building was being demolished by neglect. On September 16, 2010, the Historic District Commission determined that the building was being demolished by neglect and instructed the Building Inspector to move forward with proceedings for declaration by City Council as a dangerous building, in accordance with Chapter 22, Article XI. The recommendation by the Historic District Commission specified that the building should be repaired and not demolished. Mr. Koenig explained that the City sent a letter to the property owner and a notice to the tenants on September 22, 2010, informing them that the rental permits for the dwelling units in the building were being suspended and that the tenants had until October 25, 2010 to vacate the premises. Mr. Koenig showed slides depicting the condition of the structure (Exhibit #2). Staff recommended that City Council take the following action for property located at 301 South Governors Avenue: 1) declare this accessory building dangerous; 2) order the property repaired or demolished by November 25, 2010 by the owner or equity owner at their

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 7 own risk; 3) order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner within (10) days of the date set by Council and; 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. Council President Hogan declared the public hearing open and, with no one present wishing to speak, the public hearing was closed. Responding to Council President Hogan, Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that the property was on the delinquent tax list, with a total of $879.09 being due. Mr. Leary moved to: 1) declare the accessory building on the property located at 301 South Governors Avenue dangerous; 2) order the property repaired or demolished by November 25, 2010 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner within (10) days of the date set by Council and; 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. The motion was seconded by Mr. Bonar and carried by a unanimous roll call vote. STATUS UPDATE - VIOLATIONS OF DANGEROUS BUILDING ORDINANCE Mr. Scott Koenig, Public Services Manager/Director of Public Works, reviewed the Status Update - Violations of Dangerous Building Ordinance, as provided. Responding to Mr. Ruane, Mr. Koenig stated that expenses related to the property located at 123 Blue Beach Drive, to date, are as follows: $1,000 on immobilization; $400 for a pool inspection; staff time in excess of 40 hours; and legal expenses. Responding to Mr. Ruane, City Solicitor Nicholas Rodriguez stated that he was unaware of any past situations where the City recovered the costs incurred in a violation case after the violations had been corrected by the owner. Mr. Ruane stated that this property is in his neighborhood and he has received more complaints about it than any other property in the past 10 years. He suggested that a procedure be put in place to continue monitoring the situation and that every effort be made within legal means to recoup the expenses incurred in this case. (City Clerk=s Office Note: City Solicitor Rodriguez reviewed the Dangerous Building Ordinance (Sec. 22-381, et. seq.) and determined that, in this case, since action under the City=s Dangerous Building Ordinance was stayed by a temporary restraining order in the Court of Chancery and subsequently the owner complied with the ordinance to avoid demolition of the pool, the City=s costs cannot be captured. He stated that the City could recover expenses only if action is actually taken, i.e., in this case, demolition of the pool. Mr. Rodriguez suggested that City Council consider an amendment to the ordinance which would allow the City to recoup its costs after an owner returns to compliance with the ordinance. He stated that another possible approach would be to delay the demolition for a short period of time beyond the date given to the owner, if an owner then responds after the

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 8 noticed demolition date, demolition could be stayed for a short period of time, conditioned upon the owner paying the City=s costs. Mr. Rodriquez indicated that this approach would not require an ordinance amendment.) Responding to Mr. Salters, Mr. Koenig stated that a demolition lien does not compel the sale of the property; however, the lien remains attached to the property. Mr. Salters moved for acceptance of the report, seconded by Mr. Leary and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - OCTOBER 11, 2010 The Parks, Recreation, and Community Enhancement Committee met on October 11, 2010 with Chairwoman Russell presiding. Status and Review of Library Project and Financing Plan Mr. Anthony DePrima, City Manager, reviewed a revised Presentation of the Dover Anchor Library: Status Report, which included details of the Library project and financing plan. He explained the way in which the current economy has shaped the project and that plans have been adjusted accordingly. He advised members of the financing plan details, project schedule, and operation plan. Mr. DePrima thanked staff members who participated in the preparation of the presentation and the many volunteers who have dedicated their time and money to the Library project. In response to Mr. Ruane=s comment regarding the potential for additional State funding, Mr. DePrima reiterated that State operating aid is based on the Library=s operating budget and that the revenue projections assume no increase in State Library Aid. He noted that staff took a very conservative approach in completing the analysis. Responding to Mr. Lewis, Mr. DePrima stated that if sufficient funding was not received, the areas for the teen loft, large meeting room, and reading garden, as noted in Bid Pack C, would be constructed; however, they would not be "fitted out" and would remain open space areas. At the request of Mrs. Russell, Ms. Marjorie Cyr, Library Director, advised members that security cameras are planned for specific locations throughout the building and that there will be security devices at the door to prevent items from being removed from the building without being properly checked out. She noted that the library will continue to have security guards on duty. Mr. N.C. Vasuki, 235 Carnoustie Road, relayed appreciation for the presentation and his feeling that the Anchor Library is an excellent project for the City of Dover. He reminded members that former Mayor Crawford Carroll stated that "when a City stops growing, it starts dying." Mr. Vasuki stated that the Anchor Library is important to the growth of the City. He suggested that members compare Dover to neighboring towns and cities that have expanded their libraries and have experienced growth as a result. Mr. Vasuki noted that the State has committed a significant amount of funding for this project. Reminding members of the City=s desire to improve the downtown area, he noted that the Library would prove to be an exceptional resource in this

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 9 regard. Mr. Vasuki noted that many private donations have been made toward the project and he felt that, if the project is constructed on schedule, additional donations will be received. He urged the City to move forward with the Anchor Library. Ms. Annie Scott, 216 Saxondale Lane, requested clarification on the proposal to hire an additional full-time custodian to begin in Fiscal Year 2013. Responding, Mr. DePrima stated that the Dover Public Library is currently served by one (1) full-time custodian and, since the Anchor Library will be triple the size of the existing library, it is estimated that an additional custodian will be required. Other than the proposed addition of a custodian, a teen librarian, and a part-time library page, it is anticipated that the current staff level will be sufficient to operate the library. Mr. Ruane advised members that, according to a recent Newsweek article, some construction cost estimates are being received at up to 20% less than previous rates due to the current depressed economy. He questioned why staff anticipated only a 1%-5% reduction in cost. Responding, Mr. DePrima stated that he was not aware of the article and that staff took a conservative approach with estimates. He also advised members that the City has hired an experienced construction manager with a good understanding of pricing, and that the manager indicated the probability that the project would come in under the proposed budget. Mr. DePrima reiterated that, should the project be delayed, there is a real possibility that labor and commodity costs would increase. He explained that these costs are currently low due to reduced demand for these services and products. Mr. DePrima stated that the expenditures to date, in the amount of $1,628,164, have been paid by a combination of revenues, including State Bond Bill funds. He confirmed that the State will match every $1 spent and reimburse the City. Responding to Mrs. Russell regarding the possibility of goals not being met, Mr. DePrima advised members that in 2020, the current U.S. Post Office building will be owned by the City of Dover. He stated that there has been no discussion regarding the possibility of crediting income from the sale of this building toward off-setting expenses for the Library. In addition, he noted the possibility of obtaining additional funds from the sale of other excess property. Mr. DePrima stated that the purpose of the presentation was to provide members information regarding the status of the project and that a public hearing will be held, as well as a possible presentation regarding Bid Pack A, in November. He suggested that the financial plan be brought forward for official action at that time. Mr. Ruane indicated his readiness to submit a recommendation to Council regarding this project. Responding, Mr. DePrima suggested the possibility of the Committee submitting an endorsement. In response to Mrs. Russell, Mrs. Donna Mitchell, Controller/Treasurer, indicated her

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 10 concurrence with the financing plan as it relates to this project, advising members that she has worked with the City Manager, Director of Parks and Recreation, and Library Director on this presentation. She relayed confidence in the plan as presented and supported the idea that the Committee recommend endorsement of the Library Project and financing plan. The Committee recommended that the City move forward with the schedule and financing plan for the City of Dover Library Project. Mrs. Williams moved that no additional taxes be levied, bonds be issued, or bridge loans be entered into for this project. The motion was seconded by Mr. McGlumphy. Responding to Mr. Ruane, Mr. DePrima stated that the items included in the reports to the Parks, Recreation, and Community Enhancement and Legislative, Finance, and Administration Committees would be brought forward individually at a later date to the Legislative, Finance, and Administration Committee for review and a recommendation to City Council. Mr. Ruane suggested that the motion was premature and noted that Council would have the opportunity to vote for each aspect of the plan at a later time. Concurring, Mr. Leary reminded members that there would be public input regarding the project and the sale of the existing library. Mrs. Williams stated that the library project should be financed with private funding and donations rather than taxpayer funds. On a call for the question, the motion that no additional taxes be levied, bonds be issued, or bridge loans be entered into for the library project failed by a roll call vote of seven (7) no, two (2) yes (Mrs. Williams and Mr. McGlumphy). (As a result of this action, Mrs. Williams withdrew her request to have item #9B removed from the consent agenda.) Federal Emergency Management Agency (FEMA) Preferred Risk Policy (PRP) (Related to Homeowners= Flood Insurance Policy) Members were provided a Fact Sheet and Frequently Asked Questions provided by the Federal Emergency Management Agency (FEMA) regarding Preferred Risk Policy Eligibility Extension. Mr. Scott Koenig, Public Services Manager/Director of Public Works, reminded members that Mr. Ruane had requested this discussion as it relates to homeowners= flood insurance policies. He stated that Mr. Greg Williams, Department of Natural Resources and Environmental Control (DNREC), had provided this information and that Mr. Williams indicated that, to his knowledge, there are no map revisions in the City that would fall under this program; therefore, no property owners within the City limits should be affected. Mr. Koenig noted that, according to the fact sheet, the Preferred Risk Policy affects Zones A and V and provides very specific categories of properties that this policy affects. Mr. Koenig stated that, according to Mr. Williams, the City=s flood maps do not show any properties within Zones A or V.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 11 Mr. Koenig advised members that the purpose of the program is provide a two (2) year financial "buffering period" to assist affected homeowners in specific flood zones with increased insurance premiums. In response to Mr. Lewis, Mr. Koenig stated that a flood plain map revision in the Puncheon Run area will better define the flood plain, and could remove properties from the flood zone; however, other properties could conceivably enter the zone. Mrs. Russell suggested that residents be provided with the ability to determine their status in regard to the 100-year flood plain. Mr. Koenig stated that he would research the possibility of making this information available to the public through the Geographical Information System (GIS). Mr. Ruane suggested that maps delineating the flood plain also be included. 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 one (1) property owner in the Puncheon Run area has submitted a Letter of Map Revision and that staff is awaiting the results of this request. CDBG Program Mrs. Tracey Harvey, Director of Community Development, reviewed the report of the Status of FY 2009/2010 CDBG Projects which was provided to members. She advised members that the Housing Rehabilitation Program currently has four (4) homes approved for rehabilitation, the pre-bid meeting is scheduled for October 14, 2010, and bids will be opened on October 27, 2010. Mrs. Harvey stated that contracts for the CDBG FY 2010 Projects were signed on September 30, 2010 and the projects have begun. Referring to the Status of the FY 2009/2010 Program Funds Spent Report, she noted that the total grant amount for Connections Community Support should be $12,000, rather than $32,000 as stated in the report, and that a revised Funds Spent Report would be provided to members. Responding to Mrs. Russell regarding the Streets Project, Mr. Scott Koenig, Public Services Manager/Director of Public Works, stated that work is being completed on Mitscher Road and associated bills should be submitted by the end of October. In response to Mr. Lewis, Mr. Koenig indicated that the sidewalk construction on College Road is listed as Priority #8 on the Prioritization of Transportation Projects being presented to City Council during their meeting scheduled for later in the evening. Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) Mrs. Tracey Harvey, Director of Community Development, advised members that the City was

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 12 awarded $1,426,740 for the acquisition and rehabilitation of foreclosed properties to be sold to qualifying families. A total of $1,210,016 has been expended on the acquisition of eight (8) properties and renovations for three (3) properties. She indicated that the remaining balance, in the amount of $216,723, will be utilized for renovations. Two (2) properties have been sold, three (3) are being renovated, two (2) are completed and for sale, and one (1) is a lease purchase. Mrs. Harvey stated that the proceeds from the sale of the two (2) properties will be utilized to purchase another foreclosed property, which is anticipated to occur within the next two (2) weeks. Responding to Mrs. Russell, Mrs. Harvey stated that anyone interested in placing their name on the list for this program should contact the National Council on Agricultural Life and Labor Research Fund, Inc. (NCALL). Youth Advisory Committee Mrs. Russell advised members that applications will be sent to school districts for those students who may be interested in serving on the Youth Advisory Committee. She reminded members that several of the original members have left to attend college. Mr. Bonar moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Ruane and unanimously carried. UTILITY COMMITTEE REPORT - OCTOBER 11, 2010 The Utility Committee met on October 11, 2010 with Chairman Ruane presiding. Remote Control Monitor Wells Mr. Ronald Lunt, Public Utilities Director, advised members that, during the previous fiscal year, the Department undertook a project that involved upgrading the remote control and monitoring of the wells. He explained that the purpose of the project was to provide System Control and Data Acquisition (SCADA) system monitoring and communication upgrades for the production wells and water treatment plant. He noted that this would allow for the replacement of antiquated and/or obsolete equipment, as well as the ability to improve accuracy, compatibility, and monitoring capability. Mr. Lunt stated, that last year, it was planned to replace components at some of the deep wells, while improvements to the SCADA system at the water treatment plant were planned to start in FY 2015. Mr. Lunt advised members that the initial plan had to be altered because the Siemens Control System at the Water Plant abruptly crashed and could not be recovered. Functionality was lost in certain components which were planned for replacement in FY 2015. He explained that it was critical that the focus of the current Capital Improvement Plan (CIP) move toward regaining overall control through the SCADA system at the water treatment plant and deferring any remaining improvements to the production wells to the out-year CIP. Mr. Lunt assured members that staff worked diligently and innovatively to regain local control to ensure uninterrupted operations. Staff also began working with the SCADA system vendor to find the most efficient and cost effective way to repair the existing system.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 13 Members were provided a WS2000 proposal which would provide the following necessary functions: real time data acquisition, real time alarms, local control, remote control, after hours call out, after hours call in, trending analysis, report generation, 15-minute parameter recording, and SCADA "fail-over" capability. Mr. Lunt advised members that these functions are not only critical for proper production operations, but necessary to ensure compliance with the new Groundwater Rule regulations. He noted that installation and associated work would be performed by staff. Mr. Lunt stated that the items included within the WS2000 proposal are components of the SCADA system, which is a proprietary system; therefore, the new components must be purchased from the Original Equipment Manufacturer (OEM), Siemens Water Technologies Corporation. Members were provided sole vendor information for their review. Staff recommended purchasing the products listed in the WS2000 Proposal from Whel-Tech, dated September 8, 2010, for a total amount of $43,249. The Committee recommended approval of staff=s recommendation to purchase the products listed in the WS2000 Proposal from Whel-Tech, dated September 8, 2010, for a total amount of $43,249. By consent agenda, Mr. Salters moved for approval of the Committee=s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. PACE Global Presentation of the FY 2010 Power Year Review Mr. Frances Hodsell, PACE Global Energy Services (Energy Manager for the Dover Wholesale Electric Utility), reviewed a presentation of Dover Electric Utility Wholesale Operations FY 2009/2010 Year End Review, which was provided to members. In response to Mr. Bonar with reference to Page 7 of the presentation, Mr. Hodsell stated that a portion of the load is kept for "incremental auctions," explaining that the vast majority of supply and demand is auctioned in the base residual auction. As supply and demand change, subsequent auctions are held for incremental capacity and incremental demand. Mr. Hodsell noted that a change has been made in the market structure, and it is believed that this will provide more capacity revenue in the future, whereby some of the demand is taken from the base residual auction and put into the subsequent auctions. Mr. Hodsell stated his understanding that previous subsequent auctions did not have enough volume to attract additional bidders. Responding to Mr. Ruane, Mr. Hodsell stated that the Power Plant Fixed Operating Costs do not include capital projects (investments) and reflect only year-to-year operating costs. In response to Mr. Ruane with regards to Dover=s Energy Management Program, Mr. Hodsell indicated that the City=s Management Committee is comprised of the following members: Mr. Anthony DePrima, City Manager; Mr. Ronald Lunt, Public Utilities Director; Mrs. Donna Mitchell, Controller/Treasurer; Mr. Vince Scire, Manager of the City=s power plants; and PACE Representatives (including himself). He explained that, in addition to meeting monthly, members hold interim conference calls to discuss risk management issues related to changes in market prices. Mr. Ruane suggested that information regarding participants/groups involved in the City=s Energy Program, including the 2030 Committee, be provided in future presentations.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 14 Several members relayed their appreciation to City staff, in particular Mr. DePrima and Mr. Lunt, for the initiative taken with regards to the Dover SUN Park project. In response to Mr. Bonar=s inquiry as to whether a larger capacity (600 MW) facility should be considered, Mr. Lunt explained that Macquarie Power is planning construction of a 300 MW natural gas-fired electric generating plant. He advised members that the City is committed to a land lease for the plant and to seriously consider using power generated by the plant. Since the plant is being constructed by Macquarie Power, they are contacting numerous parties to determine their willingness to commit to purchasing power from the plant. Mr. Lunt explained that the identity of the parties has not been discussed with the City due to reasons of confidentiality. He noted that Macquarie Power is very proficient and assumed that they have considered the possibility of increasing the plant capacity to 600 MW. Mr. Bonar felt that the process would be improved if Macquarie Power was informed that the Integrated Resource Planning Process (IRP) is moving forward and that there may be willingness to accept additional generation. Mr. Lunt indicated that he would provide this information to Macquarie Power. In response to Mr. Snaman, Mr. Hodsell indicated that permitting and interconnection arrangements are being made to allow for a 300 MW plant; however, a determination has not been made as to whether the initial plant capacity will be 150 MW or 300 MW. Mr. Bonar questioned how public notification is funded for demand response programs. He inquired if a public awareness program would be established in the City and if additional funding would be required for this purpose. Responding, Mr. DePrima stated that staff is working in cooperation with other municipalities to determine the best method of public notification. Mr. Bonar encouraged staff to determine if there are avenues for obtaining federal funding for public awareness campaigns through the Department of Energy. He noted that the State Public Service Commission received $783,000 to educate the public regarding "smart meters." In response to Mr. Ruane, Mr. DePrima stated that there has been no further action or consideration taken regarding the possibility of wind generation. He advised members that there was an encouraging presentation provided by PJM regarding all off-shore wind projects being considered along the East Coast, and it was suggested at that time that the proposed project in Delaware would come on line before others; however, there has been no commitment made in this regard. The Committee recommended acceptance of the PACE Global Presentation of the FY 2010 Power Year Review. By consent agenda, Mr. Salters moved for approval of the Committee=s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. Ten Year Electric System Improvement Plan Members were provided with the Public Utilities Electric Division 10 Year Plan (2010-2020) which was reviewed by Mr. Ron Lunt, Public Utilities Director. Due to time constraints, Mr. Ruane suggested that staff complete the review, including the Major Accomplishments Over the Past Decade, during the Committee=s next meeting.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 15 By consent agenda, Mr. Salters moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and carried by a unanimous roll call vote. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - OCTOBER 11, 2010 The Legislative, Finance, and Administration Committee met on October 11, 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. Status and Review of Library Project and Financing Plan Mr. Anthony DePrima, City Manager, reviewed a revised Presentation of the Dover Anchor Library: Status Report, which included details of the Library project and financing plan. He explained the financing plan details, project schedule, and operation plan. Mr. DePrima thanked the many volunteers who have dedicated their time and money to this project. He introduced Mr. Jay Dougherty, EDiS Construction Manager, and Mr. John Phillos, State Division of Libraries, who were available for questions after the presentation. Responding to Mr. Leary, Mr. DePrima confirmed that there will be a series of action items that will be presented to City Council beginning in November 2010 and that the ultimate action will be for the bid opening and award in January 2011, since that will create a contract. Referring to the State Grant listed under the Funding Plan, Mr. DePrima explained that the difference between the committed and highly probable funds is based on the receipt of bond bill monies during the past four (4) or five (5) years and that the $2.5M will be the next bond bill award. Mr. Phillos explained the funding process, stating that applications are submitted from libraries throughout the State to the Delaware Council on Libraries. These Libraries are provided an opportunity to make a presentation on their request. Once the presentations are completed in September, the Council on Libraries forwards their recommendation to the Secretary of State=s Office for inclusion in the Governor=s recommended budget. Mr. Phillos stated that $2.5M was approved by the Council on Libraries in September and has been forwarded to the Secretary of State=s Office and he has been advised that it would be included in the Governor=s recommended budget; however, he reminded members that this is not certain until the bond bill is completed, passed, and signed. He felt confident that the $2.5M would be included in the bond bill. In response to Mr. Ruane, Mrs. Donna Mitchell, Controller/Treasurer, reiterated her confidence that this is a viable project. She noted that the City Manager has provided all risks and potential risks and given the resources committed.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 16 Responding to Mrs. Williams= concerns regarding the possible burden that would be placed on the taxpayers, Mr. DePrima stated that if the City raised no further dollars, there would be a possible 1.7% - 1.8% tax increase for 10 years. Mrs. Mitchell advised members that after the year 2017, the City will have no General Obligation debt. She stated that currently, there is approximately $400,000 per year in annual debt service. The Committee recommended acceptance of the Status and Review of Library Project and Financing Plan Report as presented. Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mr. Bonar and carried with Mrs. Williams voting no. Request to Waive Hiring Policies - City Clerk=s Office Restructuring Mrs. Traci McDowell, City Clerk, advised members that the Assistant City Clerk, due to family responsibilities, requested a voluntary demotion to the Administrative Assistant=s position. She noted that the current Administrative Assistant is willing to assume the Assistant City Clerk=s position. In accordance with Article V - Recruitment and Selection, Section 1 - Recruitment Sources of the Employee Handbook, the City would normally recruit for the position; however, since this is a restructuring and no vacancy will truly exist, staff requested a waiver from City of Dover Recruitment policies to allow the current employees to transfer positions. Responding to Dr. Jones, Mrs. McDowell stated that the current Administrative Assistant, Ms. Devine, was hired in June and became full-time last week. Elaborating, Mrs. Hawkins, Human Resources Director, advised members that Ms. Devine first began employment with the City of Dover in 2001 typing historical minutes. In 2002, she became the Records Management Coordinator and departed in 2004 to seek her bachelor=s and master=s degrees, which were obtained in history. Dr. Jones expressed her concern regarding upward mobility within the organization. Responding, Mrs. McDowell indicated that Ms. Devine was the only in-house candidate who applied for the Administrative Assistant position. Dr. Jones stated her unreadiness since there are people who have worked for the City for several years and questioned where there is a possibility for upward mobility for employees who have not left the City=s employment and returned. The Committee recommended granting a waiver from the City of Dover Recruitment Policies to allow for the restructuring of the City Clerk=s Office as described. By consent agenda, Mr. Salters moved for approval of the Committee's recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. Mr. Leary moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Ruane and unanimously carried.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 17 MONTHLY CAPITAL INVESTMENT PLAN (CIP) REPORT - JULY 2010 By consent agenda, Mr. Salters moved for acceptance of the monthly CIP Report for July 2010. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote. QUARTERLY REVENUE REPORT Mrs. Donna Mitchell, Controller/Treasurer, reviewed the Revenue Report as of September 30, 2010 noting the following: • Transfer taxes were lowered by $350,000 from $1 million to $650,000. This was due to a decrease in the overall market and lack of commercial real estate sales. The City is approaching an historic low for our transfer taxes. • Permits and licenses were below budget; however, this item will be monitored and changes made in the mid-year review if necessary. • Court of Chancery Fees were under budget, due to pending August and September receipts. • Library revenues, franchise fees, civil traffic penalties, police extra duty fees and recreation revenues were low, primarily due to the timing of receipts and billings. • The adjustment to transfer taxes is being forecasted and the other items will be monitored and brought back during the mid-year review if an adjustment is needed. • The water, wastewater, and electric utility revenues were all tracking above budget due to the summer weather creating higher consumption. Mr. Ruane noted that the Charter requires a balanced budget and the projection indicates a revenue shortfall of $350,000. Responding, Mrs. Mitchell stated that staff typically brings a budget amendment forward which balances the budget. Mr. Ruane moved for acceptance of the Quarterly Revenue Report as of September 30, 2010, with the understanding that staff will provide a budget amendment to account for the reduction of expenditures in the amount of $350,000 related to the diminishing transfer tax estimate. The motion was seconded by Mrs. Williams. Mr. Anthony DePrima, City Manager, stated that the Quarterly Revenue Report, which is used as a forecasting tool, is not normally followed by a budget amendment. He stated that budget amendments are typically done during the mid-year review. Mr. Ruane felt that it would be more appropriate to reduce expenditures now, rather than at the mid-year review. Mrs. Mitchell stated that she could bring the budget amendment forward with the Comprehensive Annual Financial Report (CAFR) budget balances, which would occur sooner. On a call for the question, the motion to accept the Quarterly Revenue Report as of September 30, 2010, with the understanding that staff will provide a budget amendment to account for the reduction of expenditures in the amount of $350,000 related to the

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 18 diminishing transfer tax estimate, was carried by a roll call vote of eight (8) yes, one (1) no (Mr. Hogan). SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY In accordance with Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Section 46-43 of the City Code, the City Manager, Mr. Anthony DePrima, met with Fire Chief Christiansen to perform the semi-annual inspection. The following points were noted during the on-site visit: • All vehicles are in service and there are no major equipment problems. The Chief has formed a committee to select a vehicle to replace Ladder # 1. The group traveled to the Peirce Factory for the pre-construction meetings where features of the truck are selected. The vehicle, to be known as Truck #1, will have a 100-foot ladder; but can also serve as an Engine and Rescue vehicle. Truck #1 will be delivered after July 1, 2011. • The Chief filled the "Administrative Assistant to the Chief" position. Mrs. Rebecca Rollison was selected and is performing very well in her new position. She, along with the other dispatchers, became certified dispatchers. Mrs. Rollison is also scheduled for Emergency and Fire Dispatch Quality Assurance training. • All buildings are in good condition. The Central Services Department completed the installation of new electric outlets and lighting fixtures at Station #2. Security cameras are being installed at Station #2 and a generator is being replaced. Although the Department's dispatching computer server is currently down, they are still able to dispatch; however, reports are being completed manually. The server is being evaluated for repair. If replacement is necessary, the cost will be $7,000, which is the City=s responsibility. • The Department is working on specifications for replacement and expansion of the front apron to improve maneuverability and safety. Funding may come from Community Transportation Funds. • October is Fire Prevention Month. The Department gave tours to about 3000 school children. By consent agenda, Mr. Salters moved for acceptance of the Semi-Annual Robbins Hose Company Inspection Report, as submitted by the City Manager, seconded by Mr. Leary and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 19 TENTATIVE LABOR CONTRACT WITH IUE-CWA 88315 Mr. Anthony DePrima, City Manager, advised members that the negotiating team is recommending approval of a two (2) year contract with the IUE-CWA 88315. He noted the following terms of the contract: • Effective August 15, 2010, members would receive a three percent (3%) increase. By delaying the increase from July 1st until August 15th, the increase is equivalent to 2.63%. • In the second year of the contract, wages would increase by two percent (2%) with a guarantee of no furlough during the term of the contract. (This guarantee is contained within the FOP contract as well.) • The shift differential for the 4:00 p.m. to midnight shift would increase from .50 cents per hour to .75 cents per hour. Based upon previous shift differential payments, this change would result in an increase of $1,300 per year. The change also allows for easier processing of the differential as the amounts will be unified across all three (3) bargaining units. • Modifications were made to nineteen (19) articles. Changes included offering bereavement leave to part-time employees (currently there are 10 part-time employees), allow Parking Enforcement Officers to receive an additional $50 for unlimited pairs of safety shoes (two (2) officers are currently employed) and permitting the union membership to submit up to five (5) positions for possible reevaluation during the budget year. Responding to Mr. McGlumphy, Mr. DePrima explained that, currently, the default payment for unused sick and vacation time is a lump sum payment with the option to receive "terminal leave" payments over time. Staff recommends setting the default payment to "terminal leave" with the option to receive a lump sum payment. Mr. McGiffin moved for approval of the Tentative Labor Contract with IUE-CWA 88315, seconded by Mr. Bonar and carried by a roll call vote of six (6) yes, three (3) no (Mr. McGlumphy, Mr. Leary, and Mrs. Williams). EVALUATION OF BIDS - OVERHEAD LINE WORK CONTRACT The Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for any contractors that might be hired to perform work for the Utility Department. These contracts are priced as "time and material" contract and may exceed $25,000 annually. The proposed bid is for overhead line work which may include, but is not limited to, installing poles, conductors, transformers, equipment, and related equipment. The vast majority of this work will be performed by in-house staff; however, this contractor would be used to supplement City staff when scheduling conflicts or storms dictate the need for additional crews. Staff recommended that contracts be issued to two (2) bidders to ensure there are resources available to respond in the event of major storms. Bids were solicited and advertised according to City Policy by the City=s Contract and Procurement Manager under Bid #11-0018DPU; bids were received from eight (8) construction

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 20 companies. All bids were complete and the potential venders were deemed to be capable and competent; therefore, pricing was the determining factor in awarding the bid. Due to the variety of pricing strategies, staff developed a job scenario for an overhead construction project; this scenario included the major labor and equipment categories supplied by the bidders. Rates from the eight (8) bidders were inserted into the scenarios and it was determined that the bid submittal from Utility Lines Construction Services, Inc. was three percent (3%) lower than the next lowest bidder, which was Rock Creek Line Construction. Both contractors should be able to respond to localized storm-related outages within a reasonable timeframe. Funding will be from the appropriate Operations or Capital budget for which the work is being performed. It is noteworthy that the Utility Lines Construction Services bid submittal includes a fixed price for the first year and CPI adjustments for the rest of the years, Rock Creek Line Construction provided fixed pricing for years one (1) and two (2), a one percent (1%) increase for years three (3) and four (4), and a one percent (1%) increase for year five (5), should the extensions be executed. Responding to Mr. McGlumphy, Mr. Ron Lunt, Public Utilities Director, stated that the City has no prior experience with Rock Creek Line Construction, Inc., and that Utility Lines Construction Services, Inc., had a previous blanket contract for overhead line construction. Staff recommended awarding the blanket Overhead Line Work Contract blanket to two (2) bidders, Utility Lines Construction Services, Inc. as the primary contractor and Rock Creek Line Construction, Inc. as a secondary contractor. Each contractor is to receive a three (3) year contract with a City option to extend it an additional two (2) years (five (5) years total), as per the pricing included in the bid submittal. Mr. Bonar moved for approval of staff=s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote. EVALUATION OF BIDS - LANDSCAPING SERVICES CONTRACT The Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to by any contractors that might be hired to perform work for the Utility Department. These contracts are priced as "time and material" contracts. This bid is for miscellaneous landscape work that includes the repair of rights-of-way and private property disturbed by City activities during maintenance and/or construction. Bids were solicited and advertised according to City Policy by the City's Contract and Procurement Manager under Bid #11-0019DPU. Bids were received from six (6) different companies. All of the bids were complete and the potential venders were deemed to be capable and competent; therefore, pricing was the determining factor in bid award. Staff used the hours, labor, and equipment needed on a previous project for the evaluation criteria and entered each bidder=s proposed rates in this evaluation. Laurel Gardens of Landenburg, Pennsylvania, had apparent lower hourly cost; however, they required an eight (8) hour minimum daily billing for any services rendered, which could have an unforeseeable impact on the total contract cost. Mr. Ruane asked if the bid included the landscaping required upon completion of the installation of underground utilities and if City staff still performed inspection of the work. Responding,

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 21 Mr. Anthony J. DePrima, City Manager, stated he believed that staff did inspect the work; however, due to the long, hot summer, they have had to re-do some of the work. Mr. Ruane requested that the contract language include a clean definition regarding "restoring property to the state it was in prior to the disturbance." Responding to Mr. McGlumphy, Mr. Ron Lunt, Public Utilities Director, stated that Joseph R. Smith, Inc., had a previous bid for directional boring; however, landscaping will be new for them. Staff recommended that the blanket Landscaping Services Contract be awarded to the lowest bidder with no minimums, as evaluated through the job scenario, Joseph R. Smith Inc. of Denton, Maryland, for three (3) years, with a City option to extend it an additional two (2) years (five (5) years total), as per the pricing included in the bid submittal. Mr. Bonar moved for approval of staff=s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote. EVALUATION OF BIDS - DIRECTIONAL BORING CONTRACT The Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for contractors that are hired to perform work for the Utility Department. These contracts are priced as "time and material" contracts and may exceed $25,000 annually. This bid is for directional boring, which would include the installation of conduit in established areas to minimize yard/right-of-way restoration and for road crossings. Bids were solicited and advertised according to City Policy by the City's Contract and Procurement Manager under Bid #11-0009DPU and bids were received from eight (8) potential vendors. All of the bids were complete and the potential venders were deemed to be capable and competent; therefore, pricing was the determining factor in the bid award. Due to the variety of pricing strategies quoted by each vendor, staff created a bid analysis by developing an itemized list of most of the major projects that were completed in FY 10. Each bidder's boring, labor, and equipment fees were then inserted into a spreadsheet to determine the lowest bidder. Using this methodology, Joseph R. Smith, Inc., was the low bidder; the next lowest bidder was Utility Lines Construction Services, which was 20% higher. Funding will be from the appropriate Operations or Capital budget for which the work is being performed. Responding to Mr. McGlumphy, Mr. Ron Lunt, Public Utilities Director, stated that Joseph R. Smith, Inc. had a previous bid for directional boring, and Utility Lines Construction Services, Inc. had a previous blanket contract for overhead line construction. Staff recommended awarding the blanket Directional Boring Contract to the low bidder, Joseph R. Smith, Inc. for three (3) years, with a City option to extend it an additional two (2) years (five (5) years total) as per the pricing included in the bid submittal. Mr. Bonar moved for approval of staff=s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 22 EVALUATION OF BIDS - UNDERGROUND LINE WORK CONTRACT The Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for any contractors that might be hired to perform work for the Utility Department. These contracts are priced as "time and material" contracts and may exceed $25,000 annually. This bid is for underground line work which would include the installation of conduit, cable, equipment, and related materials. The vast majority of this work is performed by in-house staff; however, this contractor would be used to supplement City staff when scheduling conflicts dictate the need for additional crews. Bids were solicited and advertised according to City Policy by the City's Contract and Procurement Manager under Bid #11-0010DPU; bids were received from seven (7) construction companies. All of the bids were complete and the potential venders were deemed to be capable and competent; therefore, pricing was the determining factor in bid award. Due to the variety of pricing strategies staff developed three job scenarios based on past projects; these scenarios included the major labor and equipment categories supplied by the bidders. Rates from the seven (7) bidders were inserted into the scenarios and it was determined that the bid submittal from Joseph R. Smith, Inc., was the low bidder by three percent (3%). Funding will be from the appropriate Operations or Capital budget for which the work is being performed. Responding to Mr. McGlumphy, Mr. Ron Lunt, Public Utilities Director, stated that Joseph R. Smith, Inc., had a previous bid for directional boring. Staff recommended awarding the blanket Underground Line Work Contract to the low bidder, Joseph R. Smith, Inc., for three (3) years with a City option to extend it an additional two (2) years (five (5) years total), as per the pricing included in the bid submittal. Mr. Bonar moved for approval of staff=s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote. APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION - NOVEMBER 15, 2010 The Robbins Hose Company election is scheduled for November 15, 2010. The following persons have been recommended to serve as judges for the election: 1. John Hurd 2. Jack Mitchell 3. Jim Hurley (alternate) By consent agenda, Mr. Salters moved for approval of the appointment of the judges for the Robbins Hose Company election as recommended, seconded by Mr. Leary and unanimously carried. APPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT HOGAN - DOVER HUMAN RELATIONS COMMISSION - CHARLES MACCALLUM (TO FILL THE UNEXPIRED TERM OF PAUL FLEMING - TERM TO EXPIRE FEBRUARY 2013) Council President Hogan recommended the appointment of Retired Reverend Charles MacCallum to serve on the Dover Human Relations Commission for a three (3) year term (to fill the expired term of Paul Fleming) to expire February 2013.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 23 Mr. Salters moved for approval of the appointment of Retired Reverend Charles MacCallum, as recommended by Council President Hogan. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote. APPOINTMENT OF ASSISTANT CITY CLERK - DENISE DEVINE By consent agenda, Mr. Salters moved for approval of the appointment of Denise Devine as Assistant City Clerk for 2010/2011, seconded by Mr. Leary and carried by a unanimous roll call vote. REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE #2010-27 - 1016 AND 1022 WEST COLLEGE ROAD, OWNED BY GRACE PRESBYTERIAN CHURCH A request was received to rezone properties located at 1016 and 1022 West College Road, owned by Grace Presbyterian Church. The properties are currently zoned CPO (Commercial/Professional Office) and subject to COZ-1 (Corridor Overlay Zone) and the proposed zoning is IO (Institutional and Office). Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. By motion of Mr. Williams, seconded by Mr. Bonar, Council unanimously referred the request to the Planning Commission on November 15, 2010 and set a public hearing for December 13, 2010 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows: ORDINANCE #2010-27 AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1016 AND 1022 COLLEGE ROAD. COUNCIL MEMBERS ANNOUNCEMENTS Mr. McGiffin reminded members of the African American Festival being held on June 25, 2011. Mr. Salters stated that the State employees= capital campaign was underway and encouraged all State employees to select the Inner City Cultural League #50143 for their donations this year. Mr. Hogan announced that the Delaware Agricultural Museum and the Kiwanis Club would be sponsoring "Gobblins and Goodies" on October 30, 2010 from 5:00-7:00 p.m. There is a $1 fee. Mr. Hogan wished Mayor Carey and Councilman McGlumphy happy birthdays. Mr. Hogan announced that joint meetings of the Legislative, Finance, and Administration

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 24 (LF&A) and Safety Advisory and Transportation (SA&T) Committees would be held to discuss the Manchester Square safety concerns and gang related activity. Mr. Hogan announced that he would not be running for re-election in April. Mr. Hogan announced that Trick-or-Treat would be observed in the City of Dover on Saturday, October 30th from 6:00-8:00 p.m. Mr. Bonar moved for adjournment, seconded by Mr. McGififn and unanimously carried. Meeting Adjourned at 8:47 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 25, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/js/ac/dd S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\08-22-2005 Council.wpd Exhibits Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 749 West North Street Exhibit #2 - Presentation - Violation of Dangerous Building Ordinance - 301 South Governors Avenue

EXHIBIT #1 Regular Council Meeting of 10/25/2010 Violation of Dangerous Building Ordinance 749 West North Street Public Services Department Dover, Delaware

749 West North Street Case History  Multi-story, wood framed dwelling damaged by fire in November 2006.  Numerous code violations including: – Broken window glass – Holes in the walls – Holes in the roof – Extensive fire damage throughout the structure – Overall deterioration  Presented to City Council on May 24, 2010 for dangerous building declaration.  New owners identified and staff directed to work with new owners.  No progress has been made by the new owners since May 24th meeting to bring the building into code compliance.

Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381  (2) Damaged walls, etc.  (4) Fire damage, etc.  (5) Unfit for habitation.  (6) Light, air, sanitation.  (9) General welfare.  (10) Code violations.  (12) Unoccupied buildings.

Recommended Council Action  Declare this building and all accessory buildings on the property dangerous.  Order the property repaired or demolished by November 25, 2010.  Order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner within (10) days of the date set by Council. This action is dependent upon the adoption of the FY-2011 Operating Budget for funding.  Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.

EXHIBIT #2 Regular Council Meeting of 10/25/2010 Violation of Dangerous Building Ordinance 301 South Governors Avenue Public Services Department Dover, Delaware

301 South Governors Avenue Case History  Three story, brick building constructed in mid-19th Century.  Located in the Dover Green Historic District listed on the National Register of Historic Places.  Located within the City’s Historic District Zone.  Property has had exterior code violation cases since 2005.  In June 2007, notice sent citing exterior violations and requiring a structural engineering report.  Structural engineering report issued by Scott Engineering on October 22, 2007, identifying recommended corrections.  Owner given until January 1, 2009 to make repairs.  To date, no repairs have been made, and the exterior of the building continues to deteriorate.

301 South Governors Avenue Case History  Presented to Historic District Commission for consideration as “demolition by neglect” on June 10, 2010.  Property owner indicated they were seeking funding through Kent County to make repairs. There was no additional follow- up.  Commission determined property is being demolished by neglect and gave the owner 90 days to make repairs.  On September 16, 2010, seeing no efforts to make necessary repairs the Historic District Commission referred to Building Inspector to proceed under Dangerous Building provisions.  Code violations include: – Rotting wood – Deteriorating brick – Interior structural issues

Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381  (2) Damaged walls, etc.  (5) Unfit for habitation.  (8) Loose parts.  (9) General welfare.  (10) Code violations.

Recommended Council Action  Declare this building and all accessory buildings on the property dangerous.  Order the property repaired or demolished by November 25, 2010.  Order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner within (10) days of the date set by Council. This action is dependent upon the adoption of the FY-2011 Operating Budget for funding.  Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.