COUNCIL PACKET

REGULAR COUNCIL MEETING AGENDA October 25, 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 LED BY COUNCILMAN RUANE 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 October 11, 2010 2. Certificate of Welcome - Greg Williams, CEO of Delmarva Rural Ministries 3. Recognition of Service - Paul Fleming - Dover Human Relations Commission (March 2004 - August 2010) 4. Public Hearings - Proposed Resolutions Approving Alley/Street Abandonments A. Resolution No. 2010-13 - 18 Elm Terrace - Valerie Satterfield B. Resolution No. 2010-14 - Girl Scout Lane - Traci McDowell 5. Public Hearings - Violations of Dangerous Building Ordinance A. Property located at 749 W. North Street, Owned by Knowles D. O. Harmon, Kerwin S. Harmon, and Carrie Leona Harmon B. Property located at 301 S. Governors Avenue, Owned by 301 Governors, LLC 6. Status Update - Violations of Dangerous Building Ordinance * 7. Parks, Recreation, and Community Enhancement Committee Report - October 11, 2010 A. Status and Review of Library Project and Financing Plan (Committee Recommended that the City Move Forward with the Schedule and Financing Plan for the City of Dover Library Project) B. FEMA (Federal Emergency Management Agency) Preferred Risk Policy (PRP) (Related to Homeowners Flood Insurance Policy) (Committee Action Not Required) C. Updates (Committee Action Not Required)

Council Agenda - October 25, 2010 Page 2 * 8. Utility Committee Report - October 11, 2010 A. Remote Control and Monitor Wells (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) B. PACE Global Presentation of the FY 2010 Power Year Review (Committee Recommended Acceptance of the PACE Global Presentation of the FY 2010 Power Year Review) C. Ten Year Electric System Improvement Plan (Deferred Until the Next Meeting Due to Time Constraints) * 9. Legislative, Finance, and Administration Committee Report - October 11, 2010 A. Review and Recommendation - Filling Critical Positions (Committee Action Not Required) B. Status and Review of Library Project and Financing Plan (Committee Recommended Acceptance of the Status and Review of Library Project and Financing Plan Report, as Presented) C. Request to Waive Hiring Policies - City Clerk's Office Restructuring (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) * 10. Monthly CIP Report - July 2010 11. Quarterly Revenue Report * 12. Semi-Annual Inspection by City Manager - Robbins Hose Company 13. Tentative Labor Contract with IUE-CWA 88315 14. Evaluation of Bids A. Overhead Line Work Contract B. Landscaping Services Contract C. Directional Boring Contract D. Underground Line Work Contract * 15. Appointment of Judges - Robbins Hose Company Election - November 15, 2010 A. John Hurd B. Jack Mitchell C. Jim Hurley (Alternate) * 16. 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) * 17. Appointment of Assistant City Clerk - Denise Devine

Council Agenda - October 25, 2010 Page 3 18. Rezoning Request/First Reading of Proposed Ordinance #2010-27 Recommended for referral to the Planning Commission on November 15, 2010 and that a Public Hearing be set for December 13, 2010 at 7:30 p.m. A. Properties located at 1016 and 1022 West College Road (south side of College Road, west of the intersection with McKee Road), consisting of 1.0044+/- acres, 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) (Tax Parcel: ED05-067.14-01-69.00 and ED05-067-14-01-69.01; Planning Reference Z-10-08; Council District 4) 19. Council Members Announcements /tm S:\AGENDAS & MINUTES\Council-Agendas\2010\10-25-2010.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

REGULAR COUNCIL MEETING The Regular Council Meeting was held on October 11, 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, 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. Mrs. Sophia Russell (Councilwoman), 208 N. New Street, advised members that a citizen had brought to her attention a safety concern regarding youth crossing Saulsbury and Walker Roads. She also suggested that a traffic light be installed at North Dover Elementary School on State College and McKee Road and requested police patrol, noting that there is often speeding traffic along this section of the roadway. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Bonar moved for the deletion of Item #9 - Tentative Labor Contract with IUE-CWA 88315 (to be scheduled for the next meeting), seconded by Mr. Leary and unanimously carried. Mr. Bonar moved for approval of the agenda, as amended, seconded by Mr. Leary and unanimously carried. Mr. Ruane requested that Item #7C - Prioritization of Transportation Projects, be removed from the consent agenda for the purpose of discussion. Mr. Leary moved for approval of the consent agenda as amended, seconded by Mr. Salters and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 27, 2010 By consent agenda, the Minutes of the Regular Council Meeting of September 27, 2010 were unanimously approved by motion of Mr. Leary, seconded by Mr. Salters and bore the written approval of Mayor Carey. CERTIFICATE OF CONGRATULATIONS - DR. HARRY WILLIAMS, PRESIDENT OF DELAWARE STATE UNIVERSITY On behalf of the Mayor and Council, Mayor Carey presented Dr. Harry Williams with a Certificate of Congratulations on his inauguration as the 10th President of Delaware State University.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 2 Dr. Williams thanked the City of Dover for the recognition and introduced his wife, Dr. Robin Williams, and his sons, Gavin (a 5th grade student at William Henry Middle School) and Austin (a 9th grade student at Dover High School). He stated that all family members have successfully made the transition to the City of Dover and that he looked forward to being a part of this wonderful community. PRESENTATION - MAYOR’S ARTS AWARDS Mayor Carey presented a Mayor’s Arts Award (trophy) to Ms. Jordan Beard. Mayor Carey advised members that Ms. Beard has performed the National Anthem at opening ceremonies for basketball clinics in the area, enjoys drawing and sketching classes at the Dover Art League, has participated in “Poetry In Motion” at the Biggs Museum of American Art, and has sung Christmas carols for visitors at the Delaware Agricultural Museum. He noted that Ms. Beard looks forward to pursuing music and the arts in college in the future. Mayor Carey presented a Mayor’s Arts Award (trophy) to Mr. Jeffrey Heilman. Mayor Carey advised members that Mr. Heilman is a Senior at Dover High School, where he plays the trumpet in the marching band, wind ensemble, jazz band, and pep band. Mr. Heilman has been accepted in the Delaware All-State Concert Band and the Kent County Honors Band, and is a member of the Smyrna Fire Company Band. Mayor Carey also commended Mr. Heilman’s membership in Bugles Across America, an organization that is committed to providing live performances of “Taps” at funeral services for veterans, and noted that Mr. Heilman and his family have traveled to four (4) different states to support this cause. Mr. Heilman thanked all of his previous and current music directors, including Mr. Lenny Knight, Mr. Reggie Daniel, and Mr. Gene Moore, as well as his family, for their support. Mayor Carey presented a Mayor’s Arts Award (trophy) to Mr. Ronald Rider, Jr. Mayor Carey advised members that Mr. Rider is an established accordion player who entertains audiences with music spanning modern, holiday, classical, and ethnic folk genres, including songs from Italian, Polish, Slavic, German, Russian, Hungarian, and Spanish traditions. In addition, Mayor Carey stated that Mr. Rider also participates in choir at his school and has continuously shared his music through community service opportunities, including his most memorable performance before the residents of a local nursing home. Mr. Rider thanked his teacher and the City for the recognition. PROCLAMATION - HALLOWEEN TRICK-OR-TREAT The City Clerk read the following Proclamation into the record: WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the observance of the Halloween Trick-or-Treat custom of traveling with friends and family going from door to door in their neighborhood, displaying their costumes, and gathering treats; and WHEREAS, parents are urged to join in the festivities by accompanying their children throughout their journeys in celebrating Halloween Trick-or-Treat; and

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 3 WHEREAS, residents are requested to indicate their willingness to welcome children by keeping their porch or exterior lights on and that youngsters call only on homes so lighted; and WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Saturday, October 30, 2010 between the hours of 6:00 p.m. and 8:00 p.m. NOW, THEREFORE, I, Carleton E. Carey, Sr. MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that the Halloween Trick-or-Treat observance be held on the 30th day of October 2010, between the hours of 6:00 P.M. and 8:00 P.M. in the City of Dover and urge all residents, both young and old, to make this a happy and safe occasion for our children. PROCLAMATION - BREAST CANCER AWARENESS MONTH The City Clerk read the following Proclamation into the record: WHEREAS, breast cancer forms in tissues of the breast, usually the ducts and lobules. It occurs in both men and women, although male breast cancer is rare; and WHEREAS, breast cancer is the most common cancer in women in the Unites States, aside from skin cancer. It is the second leading cause of death in women; and WHEREAS, it is estimated that more than 190,000 new cases of invasive breast cancer are expected to be diagnosed among women and more than 40,000 women will die from this disease in the United States this year; and WHEREAS, the basic treatment choices for breast cancer are surgery, radiation, chemotherapy, and hormonal therapy; and WHEREAS, a patient and their physician will choose the treatment that is right for him/her based on the location and extent of the cancer; patient's age and preferences, and the risks and benefits of each treatment; and WHEREAS, some of the most common risk factors are: sex, age, personal history, family history, the breast cancer gene, first pregnancy after age 25 or 35, having no children, the use of Hormone Replacement Therapy (HRT), and Oral Contraceptives; and WHEREAS, Mammography screening remains the best available method to detect breast cancer early; and NOW, THEREFORE, I, Carleton E. Carey, Sr., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 2010 as BREAST CANCER AWARENESS MONTH throughout the City of Dover and encourage all citizens to join in activities that will help the community understand what they can do to prevent and control breast cancer.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 4 Mayor Carey presented the Proclamation to Mrs. Melany Sammons, Director of the Statewide Mobile Mammography Facility. Mayor Carey introduced Mrs. Jean Peters, a Stage 3 breast cancer survivor of 20 years, and stressed the importance of proper testing and treatment. Mayor Carey noted that during the month of October, in the evening, the City of Dover flagpoles at various buildings are lit in “pink” to bring about awareness of breast cancer. There being no objections, Council President Hogan declared a brief recess to allow for photographs for the Mayor’s Arts Awards. Meeting Recessed at 7:47 P.M. and Reconvened at 7:58 P.M. (Mr. Salters arrived at 8:03 p.m. and Mayor Carey arrived at 8:08 p.m.) . UTILITY COMMITTEE REPORT - SEPTEMBER 27, 2010 The Utility Committee met on September 27, 2010 with Chairman Ruane presiding. Delaware State University (DSU) Force Main Reroute Mr. Ron Lunt, Public Utilities Director, advised members that the FY 2011 Operating Budget for the Public Utilities Wastewater Management Division includes a capital project to install a new force main from the west end of West Rustic Lane to the existing Delaware State University (DSU) force main along the Delaware Civic Center property. He explained that this project will consist of installing approximately 1,000 feet of 16-inch diameter ductile iron pipe. Mr. Lunt noted that the existing DSU force main currently flows to the Delaware Technical and Community College (DTCC) pump station, and the proposed force main rerouting will also provide for the reversal of flow from the DTCC pump station through valve installation and utilizing the remaining portion of the existing DSU force main. He advised members that flows from both pump stations will no longer discharge into Kent County Station #2 but will instead discharge into the new US Route 13 West Sanitary Sewer Interceptor (Rt. 13 Interceptor). Mr. Lunt noted that the DSU force main rerouting construction drawings were submitted to Eastern States Construction Services, Inc., who is currently constructing the Rt. 13 Interceptor. He stated that City staff and KCI Technologies, Inc., (KCI) the City’s Project Manager on the Rt. 13 Interceptor, reviewed the Eastern States Construction Services, Inc. bid proposal and found it free of math errors and/or discrepancies. KCI also conducted an independent cost analysis of the proposed project and found the Eastern States proposal to be reasonable and acceptable when compared to current construction costs. Mr. Lunt noted that the source of the funds for this project will be the Delaware Water Pollution Control Revolving Loan Fund Program, using the excess funds from the Rt. 13 Interceptor project, which was anticipated during the budget process. The Rt. 13 Interceptor project was budgeted at $3,201,480, the actual construction bid was $2,308,800, and the current estimated completion cost is approximately $2.6M. He stated that KCI and City staff are confident that the Rt. 13 Interceptor project cost will remain below this estimate; therefore, the City will have approximately $600,000 in excess loan funds to support the completion of the DSU/DTCC Force Main Rerouting project. Mr. Lunt stated that since this is the final stage of the Rt. 13 Interceptor, the DSU/DTCC Force Main

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 5 Rerouting project will be submitted to DNREC as part of an approved change order to the ongoing Rt. 13 Interceptor project. He noted that City staff has received assurance from DNREC staff that this is an acceptable change order to the loan program due to this interconnectivity. Staff recommended approval of the proposal submitted by Eastern States Construction Services, Inc. in the amount of $240,300 for the construction of the DSU/DTCC Force Main Rerouting and that the Finance Department be authorized to include the additional expenditure as a change order and a part of the existing loan agreement between the City of Dover and the Delaware Water Pollution Control Revolving Loan Fund Program. Responding to Mr. Bonar, Mr. Lunt assured members that the 16-inch pipe is substantially larger than what is currently needed and will accommodate future expansion when necessary. He advised members that Kent County performed some of the engineering work on this project to assure it would be adequate for the County’s rerouting/bypassing project for the current interceptor, which saved the City approximately $26,000 that was budgeted for engineering work. In response to Mr. Ruane, Mr. Anthony DePrima, City Manager, assured members that City Council was made aware of the appropriation for this project. The Committee recommended approval of the proposal submitted by Eastern States Construction Services, Inc., in the amount of $240,300, for the construction of the DSU/DTCC Force Main Rerouting and that the Finance Department be authorized to include the additional expenditure as a change order and a part of the existing loan agreement between the City of Dover and the Delaware Water Pollution Control Revolving Loan Fund Program, as recommended by staff. By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Commercial Recycling Fee Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that, during the changeover of vendors for the curbside recycling program, the Delaware Solid Waste Authority (DSWA) informed the City of its intent to discontinue recycling collection service to 17 Dover businesses that do not have City trash services. These 17 businesses use a private trash collection service due to their individual business needs. These customers were receiving direct service from the DSWA for a fee of $6.00 per month, per container; however, as of September 1, 2010, the DSWA no longer provides service to these customers. Staff requested authorization to create a special billing code and implement a fee of $6.00 per month per container for commercial curbside recycling for customers who do not have City of Dover trash collection services. Responding to Mr. Snaman, Mr. Koenig stated that the six (6) customers who are listed outside of the City limits are located in “in-fill” areas along Governors Avenue and are existing DSWA customers. He noted that staff did not recommend extending recycling services outside of the City limits at this time. The Committee recommended approval of staff’s recommendation.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 6 By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation authorizing staff to create a special billing code and implement a fee of $6.00 per month per container for commercial curbside recycling for customers who do not have City of Dover trash collection services. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote. Request for Alley Abandonment (paper) - 18 Elm Terrace - Valerie Satterfield A request was received from Ms. Valerie Satterfield for the abandonment of an unimproved alley running east-west on property located at 18 Elm Terrace. Members were provided with a map of the area. Since the alley is unimproved and is considered to be a “paper” alley, it does not require review by the Development Advisory Committee (DAC) or Planning Commission. Ms. Satterfield, 18 Elm Terrace, advised members that she wishes to erect a shed on the property behind her garage and that, prior to requesting a building permit, she assumed it would be necessary to own the property. Since the alley has not been used for several years, if ever, she requested that the alley be abandoned. Responding to Mr. Ruane, Ms. Satterfield stated that, if approved, she would be willing to pay for any costs involved with the preparation of the necessary deed. She relayed no objection to the utility easement that will be retained by the City. Mr. Anthony DePrima, City Manager, advised members that the homes that front on the south side of Elm Terrace have a paper alley that transects their property. In essence, he stated that these property owners own two (2) lots; one (1) on both sides of an alley that was not developed or dedicated to the City, but still appears on official tax maps. The situation has existed since this area was developed in the first half of the 1920s or 1930s. The owners of these properties have enjoyed the full benefit of this land without finding a need to abandon the alley. Mr. DePrima assured members that he reviewed the proposal with various City departments and that there was no objection to the abandonment. He noted there is a sewer line that transects the alley; therefore, staff recommended that the City retain a utility easement on the property. Any legal expenses related to the processing of the deeds or annexing the property to adjacent lots is to be paid for by the property owner. Although the sewer lines were depicted on the map provided, Mr. Snaman suggested that staff provide details as to the location of all utilities for future requests. Responding, Mr. DePrima relayed no objection to such a request. For the record, Major Kosior noted that his property is located immediately to the west of Ms. Satterfield’s and relayed no objection to the request. The Committee recommended approval of the alley abandonment at 18 Elm Terrace, reserving a utility easement on the property. (City Clerk’s Note: In accordance with the City’s Procedure for Alley Abandonments, Resolution No. 2010-11 setting the Public Hearing, will be presented to Council for consideration for adoption.)

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 7 By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation, seconded by Mr. Salters and by a unanimous roll call vote, Council adopted Resolution No. 2010-11, as follows: A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF CERTAIN ALLEYS SITUATED IN 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 favors the vacating and abandoning of 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. The Council of the City of Dover will sit on Monday, October 25, 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: OCTOBER 11, 2010 Request for Alley Abandonment (paper) - Girl Scout Lane - Traci McDowell A request was received from Mrs. Traci McDowell for the abandonment of an unimproved portion of Girl Scout Lane, which runs behind her properties located at 80 and 100 Nixon Lane. Members were provided a map of the area. The roadway is unimproved and is considered to be a “paper” road; therefore, it does not require review by the DAC or Planning Commission. Mrs. McDowell, 115 Nixon Lane, advised members that Girl Scout Lane is an unimproved, paper road, which she has been maintaining for several years. If the abandonment is approved, she stated that it would provide enough property to allow her to subdivide and build another house at some time in the future.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 8 Responding to Mr. Ruane, Mrs. McDowell assured members of her understanding that, if approved, she would be responsible for any costs involved with the preparation of the necessary deed. She relayed no objection to the utility easement that will be retained by the City. Mr. Anthony DePrima, City Manager, advised members that Girl Scout Lane is an unimproved (dirt) lane/alley that was annexed into the City of Dover and never paved. Only one (1) house fronts on the alley. He stated that the properties on the west side of Nixon Lane have access to the rear of their lots and that Mrs. McDowell owns two (2) properties on the east side of the lane on the north end. The west side of the Lane is owned by the City and is associated with Dover Park. There are two (2) lots on the west side of the Lane that are owned by David and Mary Miller. Only the one (1) lot is impacted by this abandonment. Mr. DePrima reminded members that when abandoning roadways with owners on both sides of the property, the City will offer one half to each owner. In this instance, he stated that the City has no interest in the half that runs along Dover Park, noting that the area is outside of the fence and has not been maintained by the City. He stated that no City departments objected to the abandonment and that there are no utilities in the proposed abandonment area. Mr. DePrima indicated that any legal expenses related to the processing of the deeds or annexing the property to adjacent lots would be paid for by the property owner. In response to Mrs. McDowell, Mr. DePrima confirmed that the map provided to members did not depict the correct abandonment. He advised members that the abandonment would include property from Nixon Lane back to and including Girl Scout Lane. Mr. Ruane requested that the correct map be provided to City Council when this matter is presented for their consideration. Responding to Mr. Snaman, Mr. DePrima stated that Mr. and Mrs. Miller may or may not exercise their right to take ownership of their half of the alley. If they do not, the area would remain a part of the alley. The committee recommended approval of the abandonment of the unimproved lane adjacent to 80 and 100 Girl Scout Lane, reserving a utility easement for existing utilities, as requested by Mrs. McDowell. (City Clerk’s Note: In accordance with the City’s Procedure for Alley Abandonments, Resolution No. 2010-12 setting the Public Hearing, will be presented to Council for consideration for adoption.) By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and by a unanimous roll call vote, Council adopted Resolution No. 2010-12, as follows: A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF CERTAIN ALLEYS SITUATED IN THE CITY OF DOVER.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 9 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 alley: 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-05-068.19-01-42.00 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. The Council of the City of Dover will sit on Monday, October 25, 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: OCTOBER 11, 2010 Dedication of Rights-of-Way and Infrastructure - Susan Place Mr. Scott Koenig, Public Services Manager/Director of Public Works, submitted a request for all public infrastructure improvements associated with the construction of Susan Place, located within the Persimmon Park Place Subdivision, to be dedicated to the City of Dover for permanent ownership and maintenance. Members were provided a list (noted as Attachment A to the Committee Action Form) that identified the public improvements associated with the proposed dedication, as well as a map (noted as Attachment B to the Committee Action Form) that showed the general location and configuration of the subject right-of-way. Mr. Koenig advised members that Separe, Inc., constructed most of the improvements in accordance with City standards and specifications and that, last fall, the developer paid the City to complete the final construction of the street. He stated that, as of this date, all work related to the public infrastructure has been completed.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 10 Staff recommended acceptance of the dedication of rights-of-way and public infrastructure for Susan Place and that the dedication include all of the referenced public improvements. The Committee recommended acceptance of the dedication of rights-of-way and public infrastructure for Susan Place and that the dedication include all of the referenced public improvements. By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation to accept the dedication of rights-of-way and public infrastructure for Susan Place and that the dedication include all of the referenced public improvements (Exhibit #1 and Exhibit #2). The motion was seconded by Mr. Salters and carried by a unanimous roll call vote. Update - Green Energy Funding and Programming Members were provided a Green Energy Funding and Programming Update - Stimulus Funding. Mr. Ron Lunt, Public Utilities Director, reviewed the information provided to members, stating that there had been a slight change in the funding and programming. He reminded members that the State Energy Office has allocated $2M of the federal American Recovery and Reinvestment Act stimulus money received by the State towards reducing the existing backlog of approved residential green energy grants that have delayed grant payments due to insufficient funds in the respective grant program. He stated that the $2M has been put into one (1) fund that is available to the City of Dover, other Delaware Municipal Electric Corporation (DEMEC) participants, Delmarva Power, and Delaware Electric Cooperative customers. Mr. Lunt stated that the City has one (1) customer in the delayed grant program who would have paid once the grant funds were available; however, the establishment of the new fund would provide the opportunity to receive these monies in advance (or earlier). He explained that the customer could apply directly to the State Energy Office for funds. A home energy audit of the residence in question would be required, with a rebate of up to $250 (50%) available to cover this cost. The customer would be required to complete improvements totaling a minimum of $500 to the residence based on the audit, and this cost could also be rebated. The Committee recommended acceptance of the Update on the Green Energy Funding and Programming. By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Review of Utility Related CIP’s (Electric and Water/Wastewater) (June) Members were provided a Project Tracking Report, as of June 30, 2010, for the Utility (Electric and Water/Wastewater) Related Capital Investment Plan (CIP). Responding to Mr. Ruane, Mr. Anthony DePrima, City Manager, indicated that the Cooling Towers Repair/Renovation Project is a FY2011 Project and was not included in the CIP Report provided. He stated that the condensation problem has been resolved and that, to his knowledge, there have been no complaints filed regarding “soot” damages to the vehicles of nearby residents.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 11 With regards to Mr. Ruane’s questions regarding the Bayard Avenue Project, Mr. Ron Lunt stated that the east side of North State Street, and Bayard Avenue Projects are being completed by the internal construction crew. He noted that currently, Phase A of North State Street, which includes Hazel and Rodney Roads, is underway. Mr. Lunt explained that once construction is completed there, the crew will move to Bayard Avenue to begin construction. Following completion of this project, the crew plans to return to North State Street to begin Phase B. He stated that the Route 13 Program has been delayed due to Delaware Department of Transportation (DelDOT) requirements involving an extensive traffic management plan that has been submitted for approval. Once approved, bids will be solicited, since this project will be contracted. In addition, Mr. DePrima reminded members that these three (3) projects were part of the State Revolving Loan, which caused a substantial delay. Concurring, Mr. Lunt indicated that the City was not provided the funds until after the first of the fiscal year and that the engineering work had to be accomplished. Responding to Mr. Bonar, Mr. Lunt stated that the last paperwork submitted to DelDOT by the City regarding this matter was in August. Mr. Bonar suggested that staff contact DelDOT to expedite the required approval and if there is a delay, he felt that it may be necessary for City Council to become involved. In response to Mr. Ruane, Mr. DePrima stated that the Review of the CIP is scheduled to be presented to members each month. He reminded members that there is always a delay in submitting the June report since it is the end of the fiscal year. Mr. Ruane suggested that a “prepared date” be included on the report. The Committee recommended acceptance of the Utility Related CIP’s Report. By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. PACE/NAES Monthly Report (June and July) Due to time constraints, Mr. Ruane suggested that the PACE/NAES Monthly Report be considered by members during their next meeting. He noted that he had concerns regarding the Reports and requested that staff provide an update on the condition of the plants. By consent agenda, Mr. Leary moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - SEPTEMBER 27, 2010 The Legislative, Finance, and Administration Committee met on September 27, 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

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 12 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. Minority Procurement Program Policy Members were advised that the City does not have a tracking or control mechanism for seeking minority/women vendors for purchases in the mid-range of $5,000.00 - $24,999.99. As a result, staff submitted a proposed amendment to Section 3.4 of the Purchasing Policy, along with the addition of Appendix E, to provide a mechanism to ensure minority/women vendors are approached for purchases within this range and a mechanism for tracking by the Procurement Manager. Mr. Anthony DePrima, City Manager, reminded members that this matter was previously discussed and that Mr. Clay Hammond, Chairman of the Delmarva Black Chamber of Commerce and Vice President of Business Development, Global Diversity Group, has reviewed the proposed amendments and has indicated his concurrence. Mr. Pete Gregg, Contract and Procurement Manager, reviewed the proposed amendment and form (Appendix E), which will be utilized by departments. In response to Mr. Salters, Mr. Gregg explained that when the 3% minority vendor preference is applied, staff considers the amount of a minority bid at 3% less than submitted. This allows the City to select a minority vendor who may not have been the lowest bidder (as long as it is within 3% of the lowest bid); however, the City pays for the services at the full bid amount. Mr. Jay Burks, Director of the State Office of Minority and Business Women Enterprises, stated that the database utilized consists of those businesses that are certified as 51% owned/managed by minorities and/or women. He advised members that the database contains over 1,800 certified vendors and is available for public access. Mr. Salters requested specifics regarding the percentage of minority-owned businesses and those that are located in Kent County. Responding, Mr. Burks stated that the information would be provided to Mr. Gregg for distribution to members. The Committee recommended approval of the proposed amendment to Section 3.4 of the Purchasing Policy for purchases in the mid-range of $5,000.00 - $24,999.99 and Appendix E of the Purchasing Policy. By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation for approval of the proposed amendment to Section 3.4 of the Purchasing Policy for purchases in the mid-range of $5,000.00 - $24,999.99 and Appendix E of the Purchasing Policy (Exhibit #3 and Exhibit #4), seconded by Mr. Salters and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 13 By consent agenda, Mr. Leary moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - SEPTEMBER 29, 2010 The Safety Advisory and Transportation Committee met on September 29, 2010 with Chairwoman Williams presiding. Discussion - Manchester Square Safety Concerns Ms. Ami Sebastian-Hauer, Executive Director of the Dover Housing Authority (DHA), reviewed a Presentation from the DHA (attachment to Committee minutes). She noted that on August 24, 2010, at 5:00 p.m., a major shooting occurred at Manchester Square involving 15 people. Ms. Sebastian- Hauer stated that the Dover Police Department responded immediately and that the majority of the individuals involved were apprehended. She stated that all of the individuals, with the exception of one (1), have since made bail. Since this incident, there has been an alarming increase in the number of reports of shots being fired and/or weapons displayed at several DHA properties. Ms. Sebastian-Hauer advised members of improvements being made by the DHA with regards to safety and security. She requested that the City of Dover consider increasing the number of police officers in the community policing division. She explained the vital importance of the visibility of police officers, as well as the development of relationships between the police and residents. Ms. Sebastian-Hauer introduced Mr. Dave Sweeney, of Advantech, Inc., the contractor who performed the upgrades and additions to the security systems for the DHA. Responding to Mrs. Williams, Police Chief Hosfelt indicated that in 2006, five (5) City police officers were assigned to community policing and four (4) officers to quality of life (nuisance crimes), for a total of nine (9) officers. He stated that the Police Department currently has only six (6) officers serving in these areas, and the community policing and quality of life teams have been combined due to the necessity to reallocate officers to address other problems in the City, such as sex offenders. He reminded members that, due to budget constraints, he agreed to maintain the police force at 91 for FY 10, rather than returning the authorized strength of the force to 93 officers. In response to Mr. Clay Hammond, 505 Troon Road, Chief Hosfelt stated that the City is no longer eligible for the Weed and Seed Grant, explaining that there is a five (5) year window before a new application can be made. He stated he had made an inquiry to the Attorney General’s Office regarding the City’s status in this matter. With regards to the incident on August 24, 2010, Ms. Sebastian-Hauer reiterated that none of the individuals involved were legal tenants of the DHA, although some were unauthorized guests or family members of three (3) tenants. She assured members that the DHA has taken appropriate action regarding those three (3) tenants in enforcing their “zero tolerance” approach. Responding to Mrs. Williams, Ms. Sebastian-Hauer stated that there is a problem with gang activity at Manchester Square that is continuing to worsen.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 14 Ms. Joybeth Guy, 745-B Bacon Avenue, advised members that she has resided in Manchester Square for three (3) years and problems have been in existence there for several years. It was her feeling that the DHA is not managing the property in a manner that would prevent the situations that are occurring. She felt the situation there has become out of control. Mr. Bobby Wilson, 1561 Nathaniel Mitchell Road, questioned how long security cameras in the area have been “out of service.” Responding, Ms. Sebastian-Hauer stated that only one (1) camera was out of operation and that the security camera system was recently updated. Mr. Wilson noted that a shooting incident occurred on June 26, 2010, and questioned the delay in responding to the problems that have been occurring. He advised members that this shooting involved the front window of one of the residents and that the window has not been repaired to date. It was his understanding that no one from the DHA has spoken with this resident, who felt like a prisoner in her own home. Mr. Wilson stated that, due to fear, she does not “live” in the first floor of her home, where the window is located. He suggested that the DHA improve their relationship with their residents. In response to Mr. Wilson’s concerns, Ms. Sebastian-Hauer indicated that there are two (2) residents at the home where the window was shot and that it is a one (1) story home. These residents have been offered transfers as part of the DHA’s relocation program and have been provided choice vouchers to move from the development. Ms. Sebastian-Hauer assured members that information regarding this incident was provided to the Dover Police Department and that there are investigations pending. She advised members that when the DHA has requested increased police presence, there have been complaints from the tenants. Ms. Sebastian-Hauer explained that, while the DHA enforces the “one strike” policy and lease provisions, they must also respect the civil rights and privacy of the tenants. Mr. Hammond advised members of his previous involvement with public housing and felt that a more effective strategy in dealing with these concerns is to focus on prevention rather than monitoring undesirable activity. It was his feeling that resources must be provided to address the needs of families in the community, explaining that children do not want to sell drugs but they must be given alternatives. He suggested involving tenants and getting them to take ownership. In response to Mrs. Williams, Chief Hosfelt stated that when the Dover Police Department had substations located at Senate View and Manchester Square there was much less crime in these areas. Regarding the incident that occurred on August 24, 2010, Chief Hosfelt stated that warrants have been obtained for eight (8) individuals, six (6) of whom have been arrested and two (2) of whom remain at-large. He explained that there were two (2) groups of subjects involved whose ages ranged from 10 to 20, and several shots were fired across the Manchester Square Development. Information obtained from witnesses indicated that there were 20 to 30 gunshots fired. Chief Hosfelt stated that the City was very fortunate that no one was injured or lost their life as a result of this incident; however, there was damage to three (3) vehicles and houses in the area. He advised members that a subsequent search warrant for a follow-up investigation resulted in the recovery of a 45-caliber, semi-automatic pistol, as well as an SKS assault rifle with a caliber of 223, which is the same caliber that the U.S. military carries in Afghanistan and Iraq.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 15 Chief Hosfelt advised members that, since 2008, there have been 15 gang-related shootings in Dover, three (3) gang-related stabbings, and five (5) gang-related homicides in or around subsidized housing (not just DHA projects). He stated that, since 2005, the Police Department has been educating the public regarding gang problems that were occurring and/or were anticipated in the City. He stated that the gangs in the Dover area consists of the “Bloods” and “Crips,” which are active in the neighborhoods of Capital Park, Capital Green, Liberty Court, Downtown Dover, and Whatcoat. He noted that there are other gangs, such as “Three Block,” which is a sect of the “Bloods” located in the downtown area. Chief Hosfelt stated that when he began on the police force 22 years ago, it was a rare occurrence to hear a “shots fired” announcement over the radio; however, it is now common to hear this at any time of day. He stated that from January 1, 2010 through the beginning of September, 91 calls of “shots fired” were received by the Police Department. Chief Hosfelt recommended increasing the number of authorized officers. He advised members that hiring and training a new officer is an 11-month process that includes a background check, 20 weeks of training at the Police Academy, and a 12-week training period with Dover officers. He stated that manpower surveys and workload assessments indicate that 34 additional police officers are needed for the City of Dover, which he understood was unrealistic. Chief Hosfelt stated that he would like Dover to have four (4), 12-man shifts, which would require an additional six (6) officers in order to put two (2) officers back into community policing. Responding to Mrs. Russell, Ms. Sebastian-Hauer explained that if an individual commits a crime on property owned by the DHA, they are placed on a “banned list.” Once banned from public housing, an individual is banned for life unless a request for removal is submitted. She stated that the banned list is provided to all residents, who are advised to contact the Police Department if anyone on the list is observed on the property since the individual would be trespassing. Mr. Bonar stated that, although he supports the “right to bear arms,” it was his opinion that handguns and automatic weapons have no place in the City of Dover except in the hands of police officers in the line of duty. He felt that the City should send a message to those coming into the City carrying a handgun that they are not welcome and that this message should be sent to the “Bloods” and “Crips.” He felt that the City should provide the Police Department with all the ammunition and resources required to do their job and ensure that the citizens of the public housing areas are safe. Referring to the City’s Vision Statement in regards to the City of Dover being “a place where people want to live,” Mr. McGlumphy stated that this refers to “all” people, regardless of where they reside. He stated that public housing residents should be provided the opportunity to live in peace and without fear. He requested that the DHA continue their efforts and strongly recommended that the City heed the information that was provided to members. He noted that the City has an additional $2M, which was presented during the discussion of Proposed Ordinance #2010-26, Budget Amendments, which was presented for a First Reading before City Council on September 27, 2010, and he felt that this matter should be the number one (1) priority for the City.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 16 In response to Mr. Harmon, Chief Hosfelt indicated that there are no requirements for owning a handgun in the City of Dover. He explained that when a handgun is purchased, the gun must be registered; however, if the purchaser then sells the gun, there is no requirement to update gun registration. Mr. Hammond suggested the possibility of creating a non–profit organization to address quality of life issues. It was his feeling that this would bring the churches, public sector, masonic community, and fraternity/sorority communities together and would provide additional funding resources. As an example, he stated that churches could offer positive alternatives, such as “movie nights” for children. Referring to the maintenance of DHA property, Mr. Wilson noted that lack of proper maintenance can draw undesirable elements into a community. He questioned which department is responsible for inspecting the DHA properties. Responding, Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that the City’s Inspection Department is responsible for conducting inspections. She stated that more than 3,000 rental permits have been issued in the City and that the Department’s manpower has also been reduced; therefore, only 600 units were inspected last year. Mrs. Townshend explained that the Department is currently operating in a complaint- driven mode and that recently, due to the large number of foreclosures and vacant properties, many demands have been placed upon staff. Mrs. Williams suggested that the maintenance issue be considered by members during an upcoming meeting and invited Mr. Wilson to participate in further discussion at that time. The Committee recommended that the manpower for the City of Dover Police Department be increased to 100 and to explore the necessary means of raising the revenues to see this accomplished. Mrs. Williams moved for approval of the Committee’s recommendation, seconded by Mr. Bonar. In reviewing the Committee’s deliberations, Mr. Leary noted that Chief Hosfelt had requested an additional six (6) officers and that the motion would actually add nine (9). He questioned the rationale for recommending more officers than requested by staff. Responding, Mr. Bonar explained that the decision to add nine (9) additional officers was to accommodate times when officers are not available due to vacations, illness, or other reasons. He noted that Chief Hosfelt stated this need during the Committee Meeting. Mr. Bonar felt that the gravity of the situation demands that the Police Department be manned at a level sufficient to handle these issues and that hiring additional officers would “send a message” to the citizens of Dover that Council wants to assure that there are enough officers to respond when necessary. He reminded members of an incident that occurred approximately two (2) months ago at the corner of State and Loockerman Streets which involved over 300 individuals who were fighting in the middle of the street. Mr. Bonar stated that other police departments from as far away as Smyrna and Milford were contacted for assistance with this disturbance, which occurred after the closing of a bar. He felt that the culture of violence developing among young people, the lack of respect for law enforcement and the law in general, and gang- related shootings were unacceptable. It was his opinion that by understaffing the Police Department, the City was failing to provide the citizens with the service they deserve.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 17 Mrs. Williams advised members that Chief Hosfelt had reported the success of community policing in the past. In addition, she noted that officers had been removed from the Community Policing and Quality of life Programs to work on the Sex Offender Program, and that crime had increased as a result. For clarification, Chief Hosfelt stated that two (2) officers were transferred from the Community Policing Unit to the Sex Offender Unit. He noted that, due to the budget shortfall, the Police Department agreed to reduce the number of officers from 93 to 91 in the FY 2010 budget and these two (2) positions remain vacant, which has created a void in the Community Policing Unit. (City Clerk’s Office Note: Information received from Chief Hosfelt subsequent to this meeting indicates that the Sex Offender Unit was created in September 2008 after Council approved two (2) additional officers in the FY 2007/08 Budget and added them to the force. The newly established Sex Offender Unit continued and expanded upon the existing functions of the Community Policing Unit.) Mrs. Russell stated that, although she agrees that there is a need for additional officers, she did not agree with the number of additional officers recommended due to the lack of funding, explaining her feeling that the City’s budget cannot accommodate the recommended additional officers. Mr. Ruane relayed concerns regarding the procedure for considering this matter. Although he understood the gravity of the situation, it was his feeling that the request was taken out of context. He stated that the steps being taken by the DHA to deal with the situation were appropriate and he was reluctant to dedicate police officers to a particular area. Mr. Ruane noted that a request to increase staff would normally be presented as a detailed recommendation, including budget information. He advised members that, according to staff, the cost for one (1) police officer would be $82,724 and the cost for each additional vehicle (if necessary) would be $22,300, which equates to a total of $105,000 per officer for the first year, explaining that this cost would escalate due to step and grade increases as provided in the police employment contract. Mr. Ruane felt that a more detailed analysis should be provided and presented to members during the mid-year budget review. He felt it would be premature to act without determining funding or studying the issue to determine if additional police officers would be an appropriate solution. He suggested that the matter be referred to the Legislative, Finance, and Administration Committee for further analysis. Mr. Salters questioned whether the DHA had taken all necessary steps to assure that unwanted persons are prevented from accessing public housing properties. He suggested that it was the responsibility of the DHA to provide security for their residents and felt it would be more cost effective to erect fencing and security that would allow access only to residents and guests. He questioned if additional officers would actually resolve the issues and suggested that the creation of a “gated community” might prove to be more beneficial. Responding, Mrs. Williams advised members that off-duty officers are currently utilized to provide additional security during the evenings in public housing areas, in addition to high-level security cameras. She reminded members that the DHA, like any other landlord, must comply with the Landlord Tenant Act. Unless there is just cause and due process, she stated that a resident cannot be evicted or denied occupancy based on their associations. With regards to available funding, Mrs. Williams reminded members that $2M had been identified by the Controller/Treasurer in the budget carry forward and, although this has not yet been audited, she suggested that some of these

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 18 funds be utilized for this purpose. She explained that the urgency to act is due to the reality that children are victims of these acts of violence. It was her feeling that it would be unconscionable for the City to know that children are in jeopardy and not take any action in this regard. Understanding the concerns of several members, Mr. Bonar advised members that there is an 11 to 12 month preparation process before new police officers are equipped to “take to the streets;” therefore, unless the recommended action is taken immediately, the additional police officers would not be fully deployed until approximately a year after the next budget is adopted. He noted that the Downtown Dover Partnership has allocated $26,000 for extra duty officers to police the City’s downtown business community and he felt that this was an indication that the City has not properly funded the Police Department. Mr. Bonar stated that the Police Department, along with the Fire Department, is a fundamental part of the City. Although he supported the Police Department and was sympathetic to their needs, Mr. McGiffin relayed concern with making “piecemeal” budgetary decisions that would have a large impact on the City’s budget. He felt that this decision should be made in the context of all other budget considerations and reminded members that the Police Chief is authorized to assign officers and address priorities as they present themselves. It was his opinion that the current level of police officers was a substantial number for the City of Dover. Responding to Mr. Leary, Mr. Anthony DePrima, City Manager, stated that the mid-year budget review is typically scheduled for the first week in March. Mr. Ruane reminded members of the City’s budget situation and questioned the ability of members to vote on an issue without first identifying revenue sources. He noted that the recommendation would possibly require a property tax increase and, previously, several members adamantly rejected an increase in property taxes. In response to the suggestion to erect fencing and/or create a “gated community,” Mr. Bonar reminded members that during a recent shooting incident, individuals were shooting at people from a City-owned park through a fence that surrounds a community development. In order to prevent this from occurring, he noted that there would be a need to install a solid, eight (8) foot wall. He explained that the Committee recommended providing the police force the manpower needed to protect the citizens of Dover. Mr. Bonar indicated that, based on figures provided earlier, the City was considering an increase of ½ of 1% to fund a $186,000 bond issue for the library; therefore, if it is necessary to raise taxes to fund this recommendation, he stated that it may require a 1½% to 2% tax increase to fund the Police Department at a level that would give them the manpower to handle situations and re-establish various programs. Mr. Salters felt that the City was being presumptuous in thinking that the Police Department can stop the situations that are occurring in public housing communities. He reiterated the need to conduct a comprehensive study, noting that additional action by the DHA was needed.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 19 Mr. McGlumphy reminded members of the City’s Vision and Mission Statement and expressed his concern about the magnitude of violence in the City of Dover. He stated that there are times when a staffing “surge” is required and that this may not necessarily reflect what is required in the future. He explained that this is a safety issue that is critical at this time and that members should not delay taking the necessary action to help resolve these matters. He felt that the City would be negligent if action was not taken at this time. Mr. Leary moved to amend the motion by requesting that the Council President refer this item to the appropriate committee or committees for a proper and full exploration of the problems from the standpoint of law enforcement, for an examination into the operation and role of the Dover Housing Authority, and to study the budgetary impact, including funding sources. The motion was seconded by Mrs. Russell. Mrs. Russell noted that Mrs. Williams sits on the Board for the DHA and suggested that she recuse herself from this matter. On the call for the question by Mr. Bonar, the amendment to the motion was carried by a roll call vote of eight (8) yes and one (1) no (Mr. McGlumphy). The motion to approve the Committee’s recommendation that the manpower for the City of Dover Police Department be increased to 100 and to explore the necessary means of raising the revenues to see this accomplished, and that the Council President refer this item to the appropriate committee or committees for a proper and full exploration of the problems from the stand point of law enforcement, for an examination into the operation and role of the Dover Housing Authority, and to study the budgetary impact, including funding sources, was carried by a roll call vote of five (5) yes and four (4) no (Mrs. Russell, Mr. McGlumphy, Mr. Salters, and Mr. Ruane). Waiver Request for Length of Dead-end Street (Cul-de-Sac) in Wynsome Oaks Subdivision on White Oak Road Members considered a waiver request which would allow the length of a dead-end street in the Wynsome Oaks Subdivision to exceed 400 feet. The Conceptual Subdivision Plan proposes to create 17 parcels from an existing parcel totaling 12.78+/- acres. The property is located on the south side of White Oak Road, southwest of Mourning Dove Lane. The owner of record is TFLD Management, LLC (Tax Parcel: LC-05-068.00-01-18.00-000). Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that the Subdivision Plan for this project proposes 17 parcels with residual land, and the entrance street leading into the site is off White Oak Road. The Subdivision Ordinance limits a dead end street to a maximum length of 400 feet. The proposed development proposes a dead end street of 900+/- feet. The street layout in the subdivision proposes one (1) main street (Bella Boulevard) and a stub street (Emerson Drive) to connect to the property to the west. The portion of Bella Boulevard, south of the intersection with Emerson Drive, that will end in a cul-de-sac is 400 feet in length and would be permitted. However, until the road connection to the west is established, the entirety of Bella Boulevard will be a dead end street exceeding 400 feet in length.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 20 Mrs. Townshend advised members that the Planning Commission recommended approval of the waiver to allow the length of the dead end street to exceed 400 feet. The Committee recommended approval of the requested waiver, as recommended by the Planning Commission. By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Prioritization of Transportation Projects During their meeting of August 25, 2010, members were advised that in the upcoming months, the Delaware Department of Transportation (DelDOT), the Dover/Kent County Metropolitan Planning Organization (MPO), the Wilmington Area Planning Council (WILMAPCO), and Sussex County will be holding public hearings on the State’s Capital Transportation Program for the next fiscal year. These hearings will begin the process of preparing a capital program that will ultimately be approved as part of the Bond Bill in June 2011. Members recommended that the Mayor and Mrs. Ann Marie Townshend, Director of Planning and Community Development, finalize the list of City Capital Transportation Program priorities that will be ranked by members during their September meeting, provide this list to Mr. Ralph Reeb and other appropriate DelDOT officials and, following the November State elections, meet with legislators to obtain their support for these projects. (This recommendation was approved by City Council on September 13, 2010.) Mrs. Townshend reminded members that each year City Council ranks transportation projects in the City of Dover in order to share the City’s priorities with DelDOT. (The last ranking of priorities took place at the Safety Advisory and Transportation Meeting of September 30, 2009, and was approved by City Council on October 12, 2009.) Mrs. Townshend reviewed the previous year’s priority listing that was provided to members as well as staff’s comments, which were noted in red. With reference to the Delaware Route 8 Study, Mrs. Townshend advised members that there have been intense discussions with the Capital School District regarding the construction of the new Dover High School. She stated that two (2) stub streets were constructed in the Village of Westover and Village of Cannon Mill with the intent that these streets would connect to the property to the north (now the site of the proposed Dover High School) when it was developed. Mrs. Townshend noted that the Capital School District has been very resistant to interconnection. Staff has agreed that if the school district provides a bicycle/pedestrian connection at the stub street in the Village of Westover, this would be sufficient; however, with approximately 1,000 units in the Villages of Westover and Cannon Mill, she stressed that it is unacceptable to have individuals drive to Artis Drive or Mifflin Road, which are already overly congested intersections; and therefore, there is a need to connect to the stub street in the Village of Cannon Mills. She noted that the new high school is planned to open in 2014 and she provided a map depicting the road connection (Forrest Avenue and Hazlettville Road) that will ultimately be required (attachment to Committee minutes). In discussions with DelDOT regarding this matter, Mrs. Townshend explained the necessity for both the City and the School Board to give this road connection high priority in order for this project to come to fruition and for funding to be in place when the high school opens.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 21 In addition, members discussed the possibility of a crossover bridge for pedestrians at the school. Mr. Scott Koenig, Public Services Manager/Director of Public Works, explained the high costs that would be associated due to the need to meet requirements under the Americans with Disabilities Act. After much discussion, staff recommended that Priority #1 - Intermodal Transportation Terminal (Dover Transit Hub) be removed, #8 - Delaware Route 8 Study become either #1 or #2, #4 - West Dover Connector become either #1 or #2, and that the remaining priorities remain the same. The Committee recommended the establishment of new priorities for Transportation Projects as recommended by staff, with Priority #8 becoming #1 and Priority #4 becoming #2. In response to Mr. Ruane, Mrs. Townshend stated that during the Committee meeting, members were advised that the site improvements for the Dover Transit Center are underway and that State Capital Funding would not be granted for a building. Although the Department of Transportation will work with a public/private partnership on the project, she stated that the building will be built by the private sector and the publicly funded portion of the Transit Center will be completed this year. Mr. Ruane indicated his understanding that the Delaware Department of Transportation (DelDOT) is interested in the building and would be issuing a Request for Proposals (RFP) to obtain a private developer for the project. He relayed concern that if the project were not included on the list, it would be misconstrued that the Transit Center is no longer a priority for the City of Dover. He suggested that this project be included on the list. Mr. Ruane also relayed concern with the North/South Road between Route 8 and Hazlettville Road on the west side of the Capital School District Property and the Village of Cannon Mills (Project from Delaware Route 8 Study) being listed as a priority before the longstanding priority of the City and the Chamber of Commerce for the West Dover Connector. At the request of Mrs. Williams, Mrs. Townshend reiterated her significant concerns regarding traffic on Artis Drive and Mifflin Road and the overly congested intersections in that area. She reminded members that DelDOT has indicated that if the City and School District state that this project is a priority, DelDOT would possibly take the necessary action to expedite it. She noted that a DelDOT project can sometimes take decades to complete and, with the school proposed for completion in 2014, she felt that it was necessary to indicate its priority. Mrs. Townshend assured members that listing this project as the top priority did not indicate it is more important than the West Dover Connector; however, if the high school opens and the only ingress and egress is via Route 8, a “regional transportation nightmare” will be created. Mr. Ruane advised members that the West Dover Connector project is finally being considered a priority with DelDOT and he feared that if the West Dover Connector does not remain as Priority #1 with the City of Dover, the perception will be that funding can be taken from this project to fund the Route 8 project. In addition, he noted that the top project for the Chamber of Commerce and the economic development community is the Garrison Oak Connector Road. He advised members that

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 22 DelDOT has already bought the right-of-way for the connector road and that there are tenants preparing to move into the area, and many others who would potentially be interested, provided there was a service road. Mr. Ruane moved that the West Dover Connector remain listed as Priority #1; the Garrison Oak Connector Road be listed as Priority #2; the North/South Road between Route 8 and Hazlettville Road on the West Side of the Capital School District Property and the Village of Cannon Mills (Project from Delaware Route 8 Study) be listed as Priority #3; the Dover Transit Center be listed as Priority #4; and the remaining projects follow in the order previously listed. The motion was seconded by Mr. Leary. In response to Mr. Leary, Mrs. Townshend explained that, although the City’s ranking has some influence, DelDOT considers the eminent needs of the area and that the City’s priorities are only one (1) factor of many that DelDOT takes into consideration. On a call for the question by Mrs. Williams, the motion that the West Dover Connector remain listed as Priority #1; the Garrison Oak Connector Road be listed as Priority #2; the North/South Road between Route 8 and Hazlettville Road on the West Side of the Capital School District Property and the Village of Cannon Mills (Project from Delaware Route 8 Study) be listed as Priority #3; the Dover Transit Center be listed as Priority #4; and the remaining projects follow in the order previously listed (Exhibit #5), was carried by a roll call vote of five (5) yes and four (4) no (Mr. Bonar, Mrs. Russell, Mr. McGlumphy, and Mrs. Williams). Briefing on Delaware Department of Transportation (DelDOT) Projects - Gary Laing Mr. Gary Laing, Community Relations Officer for the Delaware Department of Transportation (DelDOT) and Public Relations Liaison, briefed members on DelDOT Projects, as follows: West Dover Connector Mr. Laing stated that a workshop was held by DelDOT on September 28, 2010, regarding the West Dover Connector and that approximately 200 people were in attendance. During the workshop, DelDOT presented the preferred alternative and stated that changes will be made to this alternative as a result of comments received. Mr. Laing stated that money is available in the draft Capital Transportation Program (CTP) which will allow DelDOT to move forward with project engineering for the design of the road in FY11 and FY12, right-of-way acquisition in FY12 and F13, and construction in FY14, FY15, and FY16. He stated that the total expenditure is estimated at $22M, that the process began in 2004, and that it will be 12 more years before the roadway is completed.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 23 South Governors Avenue Improvements Mr. Laing reported that, according to contract, paving of South Governors Avenue from Wyoming Avenue to just south of Water Street will begin next week. Additional work is required at the Water Street intersection; therefore paving of this intersection cannot be completed at this point. Responding to Mrs. Williams, Mr. Scott Koenig, Public Services Manager/Director of Public Works, stated that the Governors Avenue Improvement Project will not solve the water problem at the intersection of Water Street. He explained that, in order to reduce the flooding at Water Street, it will be necessary to upgrade the piping system from the intersection to the St. Jones or past Elm Terrace and Kerbin Street, where the pipe comes to daylight. This upgrade would cost approximately $3M-$4M. Responding to Mr. Bonar, Mr. Laing indicated that, according to the project contract, all Governors Avenue road work is to be completed by the end of the year. Water Street Railroad Crossover Mr. Laing advised members that there is no new information to report on the Water Street railroad crossover, explaining that this project is a long way from being realized. He reminded members that any at-grade railroad crossing requires approval of the railroad. Mr. Bonar relayed concern that this project will not be necessary once the Transit Center is complete. He stated his feeling that a railroad crossing would not be desired next to the Transit Center. Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that there has been much discussion regarding the railroad crossover being key to pulling the downtown and Eden Hill areas together. Wyoming Mill Road Project Mr. Laing advised members that he spoke with the manager of the Wyoming Mill Road Project who estimated that the project will be let out to bid in approximately one (1) month. He explained that there are two (2) properties that must be acquired and funds must be shifted internally. Mr. Laing stated that the project is planned to go to construction in the Spring of 2011. Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects - Juanita Wieczoreck Due to the absence of a representative from the Dover/Kent County Metropolitan Planning Organization, there was no briefing provided to members. Mrs. Williams moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Salters and unanimously carried.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 24 MONTHLY REPORTS - AUGUST 2010 By motion of Mr. Leary, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report City Assessor’s Report City Manager's Report City Planner’s Report Dover Fire Department Report PERMANENT EASEMENT AGREEMENT WITH DELDOT FOR ACCESS AND MAINTENANCE AGREEMENT OF LANDS LOCATED WEST OF GARRISON FARM PROPERTY PARCEL (LC-05-068.00-01.01) Mr. Anthony DePrima, City Manager, advised members that agreements between the City of Dover and LS Power for the Development of the Dover Sun Park required the City of Dover to secure access and maintenance easements to 24.39 acres of DelDOT-owned lands west of the Sun Park. He explained that the purpose of the easement is to remove trees that will cast a shadow on the Solar Panels and assured members that LS Power has agreed to reimburse the City for the easement and associated costs, including $25,000 for the easement and $2,250 for the appraisal of the property. Mr. DePrima stated that once the easement is secure, the City will develop an agreement with LS Power to complete the initial work to provide for maintenance. Staff recommended that the Mayor be authorized to execute the Permanent Easement Agreement with DelDOT. Mr. Ruane moved for approval of staff’s recommendation that the Mayor be authorized to execute the Permanent Easement Agreement with DelDOT (Exhibit #6), seconded by Mr. Salters and carried by a unanimous roll call vote. AUTHORIZATION TO PURCHASE CITY OF DOVER DEFINING AND INFORMATION PAGES IN THE KENT COUNTY DELAWARE 2011 PROFILE Mr. Anthony DePrima, City Manager, advised members that Independent Newspapers, Inc., publishes an annual Kent County Delaware Profile, which is designed to help with the economic growth of the County and will be used by the Economic Development Office, the Chambers of Commerce, local businesses, realtors, colleges and universities, hospitals and medical groups, etc., to attract new businesses and industries to the area, and to recruit professionals and executives for employment. There will be 10,000 copies of this booklet printed and distributed throughout the year. Mr. DePrima reminded members that last year, this expense was paid for out of Council’s budget and requested that the $1,200 cost for the information page be paid from Council’s budget again. Staff recommended authorization to place a City of Dover Information Page in the Kent County Delaware 2011 Profile and that staff be authorized to include this cost in the budget for future years.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 25 Mr. Ruane questioned why this expense would not be the responsibility of the Economic Development Office. Responding, Mr. DePrima stated that the request for the item to be paid for from the Council’s budget was based on the previous year’s action. Mr. Bonar moved for approval of staff’s recommendation authorizing staff to place a City of Dover Information Page in the Kent County Delaware 2011 Profile at a cost of $1,200, to be paid for from Council’s budget, and that this expense be included in the Economic Development Budget in future years. The motion was seconded by Mr. Leary and carried by a roll call vote of five (5) yes and four (4) no (Mrs. Russell, Mr. McGlumphy, Mrs. Williams, and Mr. Ruane). EVALUATION OF BIDS - PAYROLL, TIMEKEEPING, AND HUMAN RESOURCES SERVICES CONTRACT Members were provided information regarding a Request for Proposal (RFP) for Outsourcing Payroll Services - Integrated Human Resources and Payroll Services. Mrs. Donna Mitchell, Controller/Treasurer, reminded members that a cost/benefit analysis to compare outsourcing versus hiring additional payroll staff was previously shared with the City Manager, Human Resources Director, and City Council. Prior to issuing an RFP, in March 2010 department heads and representatives from City Departments reviewed a demonstration of the Automatic Data Processing system to assist in analyzing the payroll outsourcing option. The response was favorable and it was determined that this system would improve efficiency City-wide, particularly for the largest departments, Police and Public Utilities. Members were provided details regarding the cost/benefit analysis as well as the cost of outsourcing. Mrs. Mitchell stated that, based on the analysis, the manual system used today costs the City $414,685 compared to a projected cost of $114,209 with the Integrated Human Resources, Time Keeping, and Payroll services. She estimated a potential savings of $300,476, taking “human error” into consideration. Mrs. Mitchell advised members that three (3) proposals were received in response to the RFP, all of which met the criteria including functionality, qualifications, and project understanding. She stated that the RFP requested all vendors to price the service on an annual basis for 410 active employees (including seasonal help) and 236 retirees. A summary of the proposal review, including fees, was provided to members for their review. Responding to Mrs. Williams, Mrs. Mitchell stated that services provided by the City’s Human Resources Department include maintaining the Employee Handbook, performance evaluation, orientation and processing of new employees, recruitment, City activities (e.g., Munch Lunch), employee awards, etc. In reviewing the concept of outsourcing, she stated that it was discovered that the City never utilized the Human Resources module of the HTE system. This resulted in the Payroll Department handling the Human Resources function as it relates to status forms and other personnel paperwork in order to complete payroll. Mrs. Mitchell stated that the proposal will allow for a fully integrated system that is not in existence today with the HTE system. Although she was not aware of any direct cost savings related to the Human Resources Department personnel, she noted that there

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 26 are four (4) employees authorized for the Human Resources Department and that there are currently only three (3) active employees. She suggested the possibility of the fourth employee not being necessary as a result of the outsourcing. Mrs. Williams requested that the City Manager provide Council with a brief bullet list of the functions provided by the Human Resources Department. Mrs. Mitchell also advised members that staff included in their review the potential for the City’s Pension Trust Custodian, Wells Fargo, to handle the issuance of pension payments and benefit changes for retirees. Staff requested payroll vendors to provide separate pricing for retiree payments for this purpose. It was determined that Wells Fargo was a little less costly than the payroll vendor and that it would improve efficiency in the Finance Department, since all transactions would go directly to the Pension accounts without passing through the payroll account. Mrs. Mitchell stated that if Council agrees with the recommendations, staff would notify all active and retired employees of the change by October 31, 2010, to take effect on January 1, 2011. Staff recommended authorization to award a three (3) year contract, to begin January 1, 2011 and end December 31, 2013, to ADP for Human Resource, Payroll, and Time and Attendance services totaling $95,335.10 per year, plus equipment leases in the amount of $5,160.00; and authorization to award a contract to Wells Fargo for retiree payments at an annual cost of $5,664. Mr. McGiffin moved for approval of staff’s recommendation, seconded by Mr. Bonar and carried by a unanimous roll call vote. FINAL READING - PROPOSED ORDINANCE #2010-26 The First Reading of the following proposed ordinance was accomplished during the Council Meeting of September 27, 2010. FY 2011 Budget Amendment - Project Budgets Mrs. Williams moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried. Mr. Salters moved for adoption of Ordinance #2010-26 (Exhibit #7), seconded by Mr. Leary and carried by a unanimous roll call vote. COUNCIL MEMBERS ANNOUNCEMENTS Mr. McGiffin reminded members to mark their calendar for June 25, 2011 for the next African American Festival. Mrs. Williams moved for adjournment, seconded by Mr. Bonar and unanimously carried.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 27 Meeting Adjourned at 9:26 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 11, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg S:\AGENDAS & MINUTES\Council-Minutes\2010\10-11-2010 Council.wpd Exhibits Exhibit #1 - List of Dedication of Rights-of-way and Public Infrastructure Susan Place (Attached to Original Minutes and File Copy) Exhibit #2 - Map of Dedication of Rights-of-way and Public Infrastructure Susan Place (Attached to Original Minutes and File Copy) Exhibit #3 - Proposed Amendment to Section 3.4 of the Purchasing Policy (Attached to Original Minutes and File Copy) Exhibit #4 - Appendix E of the Purchasing Policy (Attached to Original Minutes and File Copy) Exhibit #5 - Revised 2010 City of Dover Transportation Projects Prioritization List Exhibit #6 - Permanent Easement Agreement with DelDOT (Attached to Original Minutes and File Copy) Exhibit #7 - Ordinance #2010-26 - FY2011 Budget Amendment - Project Budgets (Attached to Original Minutes and File Copy)

EXHIBIT #5 Regular Council Meeting of 10/11/2010 CITY OF DOVER 2010 TRANSPORTATION PRIORITIZATION LIST For the purpose of aiding in the prioritization of projects for the coming year, updates have been added to projects that City Council prioritized in 2009. The Delaware Department of Transportation is in the process of developing the FY 2012 - FY2017 Capital Transportation Program (CTP). This sets out the State’s transportation funding priorities over the next six years. Ultimately, the CTP will tie in with the FY2012 Bond Bill approved by the General Assembly in June 2011. The City’s identified transportation priorities, once approved by City Council, will be shared with the Delaware Department of Transportation, and City staff and the Mayor will advocate for these projects, as discussed previously by the Safety Advisory and Transportation Committee. 1. West Dover Connector With the completion of SR 1 around Dover, the east-west corridors in and out of the City have seen increases in traffic. The City of Dover Comprehensive Plan Update in 2003 and the Dover/Kent County MPO Long Range Transportation Plan recommended studying the extension of Saulsbury Road due to persistent and fast-paced growth that contributes to existing and future traffic congestion in the area. The West Dover Connector project is studying the feasibility of extending Saulsbury Road across the Eden Hill Farm and adjacent agricultural parcels making connections to New Burton Road and possibly to US Route 13. Because much of the land needed for such a roadway is undeveloped, the opportunity still exists to make improvements that best accommodate the area's multi-modal transportation needs. Alternative routes and concepts have been developed with the input and guidance of the West Dover Connector Working Group that began in 2004. This group is working in conjunction with DelDOT and with neighborhood and community officials, schools, local government leaders, concerned citizens, federal and state environmental and cultural resource agencies, and others to develop options that meet the diverse needs of the community. Through a series of workshops, the group developed five alternative options to improve mobility across the Norfolk Southern Railroad for all modes of travel to and from the west side of Dover, to reduce congestion at key intersections in the study area, and to improve the connecting roadway network for local travel. City Council, in December 2005, adopted a resolution to endorse Alternative Option 5C as the best possible alternative alignment for the West Dover Connector. The key features of 5C are as follows: • Extends Saulsbury Road over Puncheon Run and the railroad spur on a bridge; • Parallels New Burton Road on the west side of the railroad corridor; • Provides a new connector road across the Kesselring Farm (west of New Burton Road); • Connects to New Burton Road with a ramp; • Connects to US Route 13 using Charles Polk Road corridor; and • Potential connection to Wyoming Mill Road The Resolution stated that Alternative Option 5C has little or no impact on the existing homes, churches, and schools on nearby adjoining streets and would reduce cut-through traffic and 1

traffic volume along Camden-Wyoming Avenue, as well as provide a direct connector to US Route 13. Alternative Option 5C provides for interconnectivity and offers protection of City utilities without impacting the Mayfair Electric Substation. This option would establish a defined southern boundary for the City. This option was one of two concepts recommended by both the Working Group and the Project Team. Alternative Option 5C has been identified in the Dover City Council's Transportation Projects Prioritization as a key aspect of the West Dover Connector project. On September 28, 2010, the Department of Transportation held a workshop and unveiled the preferred alternative, which is a modified 5C. a. West Street/North Street Intersection The intersection of West Street and North Street has been identified as a potentially problematic portion of the road network. Difficulties for northbound traffic on West Street attempting to make left turns are compounded by line of sight issues down North Street. There have not been simple solutions to this issue to date as the road network in the surrounding area is compact enough where even small adjustments to one intersection can have dramatic impacts on other intersections. Increased traffic generation from Eden Hill Farm TND has begun to contribute to congestion in the area and is expected to be more significant with the addition of Eden Hill’s commercial portions. 2. Garrison Oak Connector Road Garrison Oak is a 385-acre tract zoned as IPM2 (Industrial Park Manufacturing Zone-Technology Center) and is the only site in the City to be zoned as such. It has been identified by the City as an ideal location for large technological/green industry firms that require large lot sizes of over twenty acres. DelDOT has acquired the necessary right-of way to build a road extending south to Route 8 to tie in with the interchange. As development plans for Garrison Oak are well underway, the design and construction of this road is a priority for marketing Garrison Oak. The Dover Sun Park is expected to break ground in late 2010, and the City is in negotiations with Macquarie Energy for a gas power plant on another lot in the park. Dover City Council has prioritized this project and recommended that it be identified in the State's six-year CTP. 3. North/South Road between Route 8 and Hazlettville Road on the West Side of the Capital School District Property and the Village of Cannon Mills (Project from Delaware Route 8 Study) The Dover/Kent County Metropolitan Planning Organization conducted a study in 2007 of the State Route 8 corridor from the railroad tracks, west to Artis Drive. The study identifies a number of service roads and alternative roadways to help disperse the traffic pattern and reduce congestion on Route 8. The Capital School District is moving forward with plans for a new Dover High School, and the construction of a north/south road between Artis Drive and Mifflin road, along the west edge of the Capital School District property and immediately west of the Village of Cannon Mills, is important in relieving potential stress on Hazlettville Road, Route 8, Artis Drive, and Mifflin 2

Road associated with traffic related to the new school. While the Capital School District will fund and construct a portion of this road from Route 8 into the Dover High School campus, the Delaware Department of Transportation will need to construct the majority of the road, as more than half of the distance between Route 8 and Hazlettville Road is south of the property owned by the Capital School District. Additionally, sidewalk installation where sidewalk gaps are present might be a priority for implementation to ensure safe pedestrian access to the new Dover High School. 4. Dover Transit Hub (Intermodal Transportation Center) The Dover Transit Hub has outgrown the existing Water Street Transfer Hub in Dover, and DelDOT has purchased the former George & Lynch property at Water and Queen Streets to support the new transit hub. The site improvements involved to construct the bus transfer hub are underway at this site, with the support of federal stimulus dollars. The concept for the site also includes an indoor waiting area, ticket sales, restrooms, and service for local DART, Paratransit and inter-county lines as well as commercial bus service and taxis and office space for lease. The building plans and construction are not part of the improvements underway. More recent discussions including DelDOT, the City of Dover, and the Downtown Dover Partnership would have DelDOT proceed with an RFP to solicit private sector developers to enter into a public private partnership to develop the building on the site. Dover City Council has prioritized this project and recommends that, even if additional State funding is not necessary to pursue the public private partnership to construct a building on the site, the Department continue with efforts to construct the transit center building in a cooperative effort with the private sector. 5. Loockerman Street/Forest Street Improvements This project includes a series of improvements throughout Dover that will encourage economic development and alternative modes of transportation. These improvements include a roundabout adjacent to the Dover Train Station building, new curbing, and new sidewalks. Additionally, this project will enhance Downtown Dover development. This project remains an important component to the western gateway to the downtown. It also ties in with the Clarence Street extension project, which will extend Clarence Street north from North Street to Forest Street. Additionally, a new office building proposal by Bob Duncan on what is referred to as the “triangle site” across from the Duncan Center also makes this a timely project. Dover City Council has prioritized this project and recommended that it be identified in the State's 6-year CTP. 6. US Route 13 Service Road Corridor In adherence to the State’s Corridor Capacity Preservation Program, the addition of service roads from Scarborough Road, east and west of Route 13, from the toll plaza through to Dover Downs, behind the Dover Mall and Wilmington University, would decrease traffic on US 13 in an attempt to get local traffic off Route 13. Dover City Council has prioritized this project and recommended that it be identified in the State's 6-year CTP. 3

The purpose of the US Route 13/113 corridor through the City has changed. This roadway once served the dual purposes of a high speed through travel route and as a local access road to service the many commercial businesses that were constructed along it. With SR 1 serving the needs of through travelers, the US Route 13/113 corridor is becoming a destination for commerce and community activities, as well as a significant employment center for the growing service sector. In order to address the changing character of this roadway, a workshop was conducted by the Dover/Kent County MPO. The purpose of the workshop was to generate new ideas for improving the appearance and operation of the corridor. The organization prepared a report entitled “Concept Plan for US Routes 13 and 113 in Dover – Phase I, Technical Memorandum II: Final Recommendations.” This was adopted by the MPO in November 1, 2000. The final recommendations of the study were: • Create a corridor overlay zone; • Service roads for local traffic; • Assist voluntary development of rear access to business; • Construction of sidewalks and bike paths; • Median landscaping; • Add bus pullovers where needed; • Installation of attractive lights that serve both motorists and pedestrians; • Bury utilities; • Install pedestrian buttons at signals and strip crosswalks heavily; and • Develop a system of appropriate signage. 7. US Route 13 Sidewalk Construction As part of an ongoing effort along the corridor, this project will complete the sidewalk network on both sides of US Route 13. The scope of the project includes addressing accessibility and ADA compliance. Field surveys and preliminary design have been conducted and this project is in the design phase. Dover City Council has prioritized this project and recommended that it be identified in the State's 6-year CTP. 8. Kenton Road Corridor Upgrades The proposal is to upgrade the Kenton Road corridor from Route 8 to Denneys Road to an urban road standard. Improvements to the corridor focus on new pavement sections, sidewalks, shoulders, curbing, enclosed drainage systems, bicycle lanes, lighting and intersection reconfiguration. DelDOT has entered into a contract with Whitman, Requardt & Associates and this project is in the study phase. The study is a large study and, in terms of prioritization, the installation of sidewalks along Kenton Road between Route 8 and College Road would be a first phase priority implementation project from this study that should be added to the CTP. Dover City Council has prioritized this project and recommended that it be identified in the State's six-year CTP. 4

9. College Road Corridor Upgrades Another road improvement project is to upgrade the College Road corridor from Kenton Road to Saulsbury Road to an urban road standard. Improvements in this project include new pavement sections, sidewalks, shoulders, closed drainage system, bicycle lane, lighting and other improvements. Once completed, this road will be similar to Walker Road. Dover City Council has prioritized this project and recommended that it be identified in the State's 6-year CTP. 10. Crawford Carroll Avenue Extension This project will continue the improved right-of-way of Crawford Carroll Avenue from West Rustic Lane in a southerly direction to the site with Circuit City and PetSmart and connect to US Route 13 via a signalized intersection. Crawford Carroll Avenue is a limited access service roadway designed to alleviate traffic congestion on Route 13 and provide local motorists with alternate routes to access the commercial areas of Route 13 in north Dover. This project is currently in Phase III of implementation. Policy/Program Prioritization List 1. Weekend Bus Service 2. Airport Studies and Improvements to Accommodate Passenger and Aircraft Related Industries 3. Red Light Photo Enforcement Program 4. Bike Path Connectivity 5. Continued Exploration of Options for Relocating the Storage and Marshalling of Chemical Cars at the Norfolk Southern Yard on New Burton Road 6. Additional Studies of Next Phase to Implement Commuter Passenger Rail Service between Wilmington and Dover. 5

CERTIFICATE OF WELCOME Presented to Mr. Gregory Williams Chief Executive Officer Delmarva Rural Ministries, Inc. October 25, 2010 CARLETON E. CAREY, SR. KENNETH L. HOGAN MAYOR COUNCIL PRESIDENT

City of Dover MAYOR AND COUNCIL 1 DRAFT PROPOSED COUNCIL RESOLUTION NO. 2010-13 - ALLEY ABANDONMENT IN 2 THE AREA OF ELM TERRACE 3 A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY SITUATED IN THE 4 CITY OF DOVER. 5 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 6 MET: 7 Section 1. The Council of the City of Dover hereby vacates and abandons the following alley: 8 All that certain piece or parcel of land situated in the City of Dover, Kent County, State of 9 Delaware, a 12 foot wide paper alley running west to east approximately 67.00 feet from the 10 southwest property corner of Parcel No. 1: Tax Parcel #ED-05-077.09-05-65.00 to the 11 southeast property corner of said parcel, then running in a southerly direction 12 feet to the 12 northeast property corner of Parcel No. 2 - Tax Parcel #ED-05-077.09-05-65.00, then 13 running east to west approximately 68.27 feet to the northeast corner of Parcel No. 2 - Tax 14 Parcel #ED-05-077.09-05-65.00, then running in a northerly direction 12 feet to back to the 15 southwest property corner of Parcel No. 1: Tax Parcel #ED-05-077.09-05-65.00, comprising 16 811.62 square feet, more or less. 17 Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid 18 alley, no compensation is awarded. 19 Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and 20 all costs of conveyance shall be borne by the property owners. 21 Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alley. 22 ADOPTED: * 23 S:\RESOLUTIONS & PROCLAMATIONS\2010\DRAFT\Res. No. 2010-13 - Unimproved Alley Abandonment - Elm Terrace.wpd 24 25 CARLETON E. CAREY, SR. KENNETH L. HOGAN 26 MAYOR COUNCIL PRESIDENT 27 Actions History: 28 October 25, 2010 - Introduced at City Council

Elm Terrace Southern Alley Proposed Alley Abandonment . ! . ! Elm Terrace . ! . ! . ! . ! 0 40 80 160 Feet Legend ¯ Overhead Electric Lines Date Printed: October 4, 2010 Right of Way to be Abandoned Date Created: September 9, 2010 Dover Parcels File: m:\gis_data\projects/tech_mxds \st_abandonment_map . ! Manholes Department: Public Services GIS City of Dover, Delaware Sewer Line

City of Dover MAYOR AND COUNCIL 1 DRAFT PROPOSED COUNCIL RESOLUTION NO. 2010-14 - STREET ABANDONMENT 2 GIRL SCOUT LANE 3 A RESOLUTION VACATING AND ABANDONING A CERTAIN STREET SITUATED IN THE 4 CITY OF DOVER. 5 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 6 MET: 7 Section 1. The Council of the City of Dover hereby vacates and abandons the following street: 8 All that certain piece or parcel of land situated in the City of Dover, Kent County, State of 9 Delaware, beginning at the northeasterly corner of Tax Parcel #ED-05-068.19-01-32.00 and 10 running west a distance of 175.00 feet to a set yellow capped pin at the northwesterly corner 11 of said parcel, then running in a southerly direction a distance of 200.00 feet to a set yellow 12 capped pin at the southwesterly corner of said parcel, then running in a southerly direction 13 a distance of 250.00 feet along the western property line of Tax Parcel #ED-05-068.19- 14 0142.00 to a set pipe in the East line of Girl Scout Lane (unopened), then running in a 15 westerly direction 27.5 feet along the same bearing as the southern property line of Tax 16 Parcel #ED-05-068.19-01-42.00 to the West line of Girl Scout Lane (unopened), then 17 running is a northerly direction a distance of 477.50 feet to a set corner of Tax Parcel #ED05- 18 068.19-01-28.00, then running easterly a distance of 202.50 feet to the intersection of the 19 west line of Nixon Lane and the north line of Girl Scout Lane, then running south a distance 20 of 27.5 feet to the northeasterly corner of Tax Parcel #ED-05-068.19-01-32.00, comprising 21 17,943.75 square feet, more or less. 22 Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid 23 street, no compensation is awarded. 24 Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and 25 all costs of conveyance shall be borne by the property owners. 26 Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid street. 27 ADOPTED: * 28 S:\RESOLUTIONS & PROCLAMATIONS\2010\DRAFT\Res. No. 2010-14 - Unimproved Street Abandonment - Girl Scout Lane.wpd 29 30 CARLETON E. CAREY, SR. KENNETH L. HOGAN 31 MAYOR COUNCIL PRESIDENT 32 Actions History: 33 October 25, 2010 - Introduced at City Council P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

Girl Scout Lane Proposed Street Abandonment . ! §Ò ! . ! !Ò§ !Ò§ ut Sco Girl !Ò§ !Ò§ . ! . ! Lan !Ò§ e §Ò ! !Ò§ !Ò§ !. !Ò§ !Ò§ !Ò§ !Ò§ . ! . ! !Ò§ !Ò§ §Ò ! . ! !Ò§ !Ò§ !Ò§ !. §Ò ! !Ò§ !Ò§ !Ò§ !. . ! !Ò§ !Ò§ ! . !Ò§ !Ò§ §Ò !Ò§ !Ò§ !Ò§ ! . !Ò§ ! !Ò§ !Ò§ !Ò§ . ! §Ò ! ! . 0 100 200 400 Feet LegendÒ§ ! !Ò§ Overhead Electric Pole ¯ Overhead Electrric Lines Date Printed: October 4, 2010 Date Created: September 10, 2010 . ! Manholes File: m:\gis_data\projects\tech_mxds Sewer Line \street_abandonment_map Department: Public Services GIS Right of Way to be Abandoned City of Dover, Delaware Dover Parcels

ACTION FORM PROCEEDING: Council AGENDA ITEM DEPARTMENT OF ORIGIN: Public Services DATE SUBMITTED: October 15, 2010 PREPARED BY: Scott D. Koenig, P.E., Public Services Manager; Tim Taraila, Inspector III SUBJECT: 749 West North Street, Dover, DE 19904 – Violation of Dangerous Building Ordinance. REFERENCE: Article XI – Dangerous Buildings, Sec. 22-385 Case # 08-2883 RELATED PROJECT: N/A APPROVALS: City Manager, City Controller EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $30,000-35,000. AMOUNT BUDGETED: $50,000 (Proposed for all demolitions City-wide). FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534.30-33, page 366 of the 2011 Annual Operating Budget. TIMETABLE: As soon as possible. RECOMMENDED ACTION: 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. 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. BACKGROUND AND ANALYSIS This multi-story wood framed dwelling was 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 fie damage throughout the structure, and overall deterioration to the structure from being left open to the weather. The structure is also a fire hazard and a danger to the residents in the surrounding area. Numerous correspondence was sent to the previous property owners and no progress or effort was made to resolve the code violations and bring the property into compliance. Staff has receiving complaints from citizens regarding the current condition of the property. The property was previously owned by the Estate of Knowles D. Harmon. During the May 24, 2010 City Council meeting, the City Council voted unanimously to refer the matter back to staff since it was revealed that the property was under new ownership. The property ownership was transferred to Mr. Knowles D. Harmon, Jr. & others shortly after the May 24, 2010 City Council meeting. Since the property ownership has changed, no progress has been made toward compliance with the outstanding code violations.

ACTION FORM PROCEEDING: Council AGENDA ITEM DEPARTMENT OF ORIGIN: Public Services DATE SUBMITTED: October 15, 2010 PREPARED BY: Scott D. Koenig, P.E., Public Services Manager; Ann Marie Townshend, AICP, Director of Planning and Community Development SUBJECT: 301 South Governors Avenue, Dover, DE 19901 – Violation of Dangerous Building Ordinance. REFERENCE: Chapter 22 – Buildings and Building Regulations, Article XI – Dangerous Buildings, Sec. 22-388 – Emergency Cases Case #08-3235; Appendix B – Zoning Ordinance, Article 10 - Planning Commission, Section 3.4 – Demolition by Neglect RELATED PROJECT: N/A APPROVALS: City Manager, Finance Director EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $35,000 - 40,000. AMOUNT BUDGETED: $50,000 (All demolitions City-wide). FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534.30-33, page 366 of the 2011 Annual Operating Budget. TIMETABLE: As soon as possible. RECOMMENDED ACTION: 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 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. 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. BACKGROUND AND ANALYSIS 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.

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 is 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. On September 22, 1010, the City sent a letter to the property owner and notice to the tenants, 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. The current owner of record is 301 S Governors LLC.

Memorandum Public Services Department PO Box 475 Dover, DE 19903 Phone: (302) 736‐7025 To: Mayor and City Council From: Scott Koenig, P.E., Public Services Director Date: October 18, 2010 Subject: Status Report on Buildings Declared Dangerous by City Council 123 Blue Beach Drive • Pool declared dangerous by City Council on September 25, 2006. • Temporary restraining order filed due to property being part of a bankruptcy proceeding. • Negotiations ensued between Deputy City Solicitor and attorney for the property owner. • City hired a pool inspector in summer 2010 to perform an inspection of the pool and determine what steps were necessary to bring the pool into compliance with code requirements. • Inspection performed on September 10, 2010 by the Code Enforcement Division showed to pool to contain clear water, the diving board removed, and compliance made. • As compliance has been made, this has been removed from the dangerous building list. 16 S. Queen Street • Declared dangerous by City Council on July 28, 2008. • Demolished by contractor hired by the City on May 10, 2010, after Court authorized the City to proceed with demolition. • Demolition lien in the amount of $12,105.00 has been placed against the property. 230 W. Division Street • Declared dangerous by City Council on July 28, 2008. • Demolished by property owner in July/August 2010, after the Court authorized the City to proceed with demolition. • Demolition lien in the amount of $8,100.00 for the asbestos survey was sent to Administrative Services for placement against the property.

66 Washington Street • Declared dangerous by City Council on October 12, 2009. • Building permit obtained by property owner on February 5, 2010 and expired on August 5, 2010 with no inspections scheduled or completed in relation to the building permit. • City will proceed with notifying property owner of our intent to conduct an asbestos survey and abatement and will secure bids for demolition. 225 N. Bradford Street • Accessory building declared dangerous by City Council on April 12, 2010. • Accessory building demolished by property owner in accordance with timeframe given by City Council. 715 Slaughter Street • Declared dangerous by City Council on May 24, 2010. • Asbestos survey & report completed on October 1, 2010. • Asbestos abatement and removal completed on October 7, 2010. • Bids received on October 13, 2010. • Public Service Manager is awaiting receipt of bids from the City’s Contract and Procurement Manager • Demolition date is pending based on review of bids. 628 N. West Street • Pool declared dangerous by City Council on August 23, 2010. • Demolition quotes received on October 12, 2010. • Low quote is currently being reviewed. • Demolition date is pending.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT The Parks, Recreation, and Community Enhancement Committee meeting was held on October 11, 2010, at 12:01 p.m. with Chairwoman Russell presiding. Members present were Mr. Ruane, Mrs. Horsey, and Mr. Lewis. Mr. McGlumphy was absent. AGENDA ADDITIONS/DELETIONS Mrs. Horsey moved for approval of the agenda, seconded by Mr. Ruane and unanimously carried. 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 (Attachment #1), 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 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

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF OCTOBER 11, 2010 PAGE 2 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 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. Mr. Ruane moved to recommend that the City move forward with the schedule and financing plan for the City of Dover Library Project. The motion was seconded by Mrs. Horsey and unanimously carried.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF OCTOBER 11, 2010 PAGE 3 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. 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

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF OCTOBER 11, 2010 PAGE 4 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 (Attachment #2). 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 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. Ruane moved for adjournment, seconded by Mr. Lewis and unanimously carried. Meeting Adjourned at 1:27 P.M. Respectfully submitted, Sophia R. Russell Chairwoman SRR/JS/jg/ac/dd/tm S:\AGENDAS & MINUTES\Committee-Minutes\2010\10-11-2010 PR&CE.wpd Attachments Attachment #1 - Revised Presentation of the Dover Anchor Library: Status Report Attachment #2 - Revised Status of CDBG FY 09-10 Funds Spent Report

ATTACHMENT #1 PR&CE Committee Meeting of 10/11/2010 The New Dover Public Library PR&CE Committee Meeting of 10/11/2010 ATTACHMENT #1 1

Goal: •To deliver a 46,000 square foot anchor library to meet the needs of the Greater Dover Community now and well into the future; •Designed in an • Designed as a LEED ( Leadership in Energy and architectural style befitting Environmental Design) Project to conserve energy, the capital city of the First water, and natural resources AND reduce State; utility operating costs; •With no long term debt service required of the general fund 2

Dover Anchor Library: Status Report 1. Construction Documentation 2. Fitting into today’s economic times 3. Cost estimates, Value engineering, Phasing 4. Funding & Financing Plans 5. Timeline 6. Estimated Operating Budget 3

Construction Plans and Documents • Completed +50% of Construction Document • 100% Completion by November 15, 2010 • Bid Pack A: Bids due October 26, 2010 • Value engineering & phasing plan completed • Spent to date: $1,628,164 4

Current Economy Shaping the Project • Fund raising goals scaled back • $5.7 million $3 million • Project has been re-sized • Building size 52,000 sf 46,000 sf • Value Engineering • Budget $23,500,000 $20,314,917 • 2 Phase Project 3 Phase Project • More time for completion of fund raising • LEED Level: Silver/Gold Certified/Silver 5

History Architect’s\CM’s Cost Estimates • April 2009: Schematic Design Phase $23,510,098 • November 2009: Design/Development Phase $21,868,855 • September 2010: 50% Construction Documents $22,452,347 • September 27, 2010: Value Engineering ($1,278,883) • September 27, 2010: Phasing & Add Alternates ($ 858,547) • September 27, 2010: Current Estimate $20,314,917 Total Cost including Fund Raising Expenses $20,646,169 6

Total Project Cost Summary Building Construction Costs Trade Contract Costs $13,572,525 Fees and Other Construction Costs $ 3,163,637 Other Construction Costs Design Services $ 2,415,755 Furniture, Fixtures,& Equipment $ 1,133,000 Owners Administrative Costs $ 30,000 Fund Raising $ 331,252 Total $20,646,169 7

Value Engineering Value engineering is an organized approach to providing the necessary functions at the lowest cost and the elimination of unnecessary costs. Examples: • Slate roof to standing seam roof: Savings: $121,323 • Natural tile to standard color tile: Savings: $ 52,410 • Reduce exterior brick protrusions: Savings: $ 61,980 Total of 29 Value Engineering Savings = $1,278,883 8

Building Add Alternates: Add Alternates are optional features that are bid separately and can be included if the project base bids come in lower than expected. Examples: • Change interior stone to custom wall covering: $191,965 • Delete exterior aluminum column covers: $ 56,160 • Shell Out Meeting Room: $ 76,650 Total of 8 Add Alternates for Possible Savings = $858,547 9

Re-Phasing: Spread the project over a greater amount of time to allow for more time for fund raising Original Phasing Plan: • Bid Pack A: Innovation Way exit road: Complete: March 2011 • Bid Pack B: Library building including adult, children’s, teen loft, tech lab, large meeting room, reading garden, parking, lobby: Complete: September 2012 New Phasing Plan: • Bid Pack A: Innovation Way exit road: Complete: March 2011 • Bid Pack B: Library building including adult, children’s, teen area, tech lab, parking, lobby: Complete: September 2012 • Bid Pack C or Add Alternates: – Teen Loft = $338,775 – Large Meeting Room = $76,650 – Reading Garden = $134,818 Complete: Upon meeting fund raising goals 10

LEED/Green Energy: Deliver a building that conserves energy & water and therefore, significantly reduces operating expenses. Total Cost: Difference over Annual Savings # of Payback Years Conventional Geothermal $315,000 $126,000 $ 15,249 8 Raised Floor $437,647 $ 17,506 $ 2,118 8 w/Under Floor HVAC Building $214,217 $ 42,843 $ 6,354 7 Envelope/Glazing Energy Efficient $360,000 $ 50,400 $ 5,083 10 Light Fixtures Exterior Shading $200,000 $ 6,000 $ 847 7 Energy Recovery $ 49,000 $ 12,250 $ 2,118 6 System Dash Board $ 28,000 $ 28,000 -0- N/A Educational System Green Roof $228,600 $228,600 $ 424 N/A Sub Total: $1,832,464 $511,599 $32,193 11

LEED/Green Energy Add Alternates Total Cost Difference Savings # of Payback Over Years Conventional Ice Storage $ 80,000 $ 32,000 $ 9,742 3 Rain Water $105,000 $105,000 $ 424 N/A Harvesting Grey Water $ 9,500 $ 9,500 -0- N/A Collection Sub Total: $194,500 $146,500 $ 10,166 Total w/ Add $2,026,964 $658,099 $42,359 Alternates 12

The Value of LEED/Green Energy • 43 percent annual savings or $42,359 (estimated) •LEED is eligible for Green Energy Rate Financing •The State Matches 50% of LEED Construction 13

Funding Plan Details 14

Funding Plan Likely Funding Sources Budget Committed Highly Probable State Grant $10,164,300 $8,084,357 $10,584,357 City Reserve Contribution $3,592,457 $3,592,457 $3,622,457 City Reserve Interest $460,063 $ 424,858 $460,134 Library Foundation (Bid A & B) $2,617,866 $ 903,531 $1,017,866 Sale of 45 S. State St. $1,200,000 0 Use Bridge Loan Green Energy Grants $215,000 0 $215,000 Friends of the Library $200,000 0 $200,000 Reynolds Trust $46,355 0 $ 46,355 Community Transportation $150,000 $ 85,000 $ 150,000 BTOP Grant $50,000 $ 50,000 $ 50,000 Financing Needs: Green Energy Bonds $1,500,000 0 $1,500,000 Bridge Loan: Sale of Bldg 0 0 $1,200,000 Construction Loan 0 0 $1,600,000 Total Funding Sources $20,646,169 $13,140,203 $20,646,169 15

Grants, Trusts and Other Commitments • The remaining FY 2012 bond bill money is $2,500,000. There is high support from Council on Libraries and Governor’s administration. • Reynolds Trust: Robert J. Reynolds, Governor of DE, 1891-1895: $46,355 • Friends of Library: Edward Smitheman Bequest: $150,000 & Friends Commitment $50,000 • CTF – commitments for Bid Pack A: $155,000 from: Senators Bushweller, Bonini & Ennis; Reps. Blakey, Carson, Scott & Bennett. • BOTP – Broadband Technologies Opportunity Program through the DE Div. of Libraries: $50,000 16

Green Energy Grant & Financing • State Law requires all electric rate payers in Delaware to pay a Green Energy rate. • Revenue is to be used for Green Energy and Energy Conservation projects and programs. • Dover has set aside $60,000 and since October 2009 has been setting aside half of the revenue or about $5,400 per month. • Jan. 2012: $215,000 will be available for Library. • After Jan. 2012: we propose $8,000 of the monthly revenue to finance a $1.5 million loan at 2.5% with a 20 year term. 17

Construction Loan & Bridge Loan •There will be a need for cash until we sell the existing library and while fund raising continues. •The Plan proposes a $1.2 million bank bridge loan needed until the library is sold. •The Plan substitutes $1.6 million Construction Loan; the amount is reduced as fundraising continues. •Any balance not paid off by the end of construction would be converted to permanent financing. •Current quote rates are 2.5% interest rates 18

Pay Off Possibilities for Temporary Financing • Fund raising campaign continues successfully – $2 million+ in active grant requests waiting responses [Goal = $1,000,000] – Major Donor level of campaign still under way [Goal = $1,000,000] – Mid Level Donor Campaign launches in December [Goal = $1,000,000] – First Level Donor Campaign still to be launched [Goal = $95,000] • 2nd Friends of the Library Commitment [Goal = $10,000-$30,000] • 2nd second cycle of CTF [Goal = $50,000-$100,000] • Avoid use of Budgeted Construction Contingency [$0-$1,000,000] • Construction Bids under budget 1-5% [$157,075-$795,375] • Fund Raising Expenses under budget 10-20% [$30,000-60,000] $5 million in Possibilities 19

Risk Analysis of Cash Flow Revolving Bank Loan: assume 10 years permanent financing @ 2.5 % IF: Need to Finance Annual Debt Risk of happening Service No funds raised $1,600,000 $180,998 No Risk 30% funds raised $1,120,000 $126,698 Very Likely to Exceed 50% funds raised $ 800,000 $ 90,499 Likely to Exceed 70% funds raised $ 480,000 $ 54,299 Likely to Meet 90% funds raised $ 160,000 $ 18,100 May not Meet 100% $0 $0 May not Meet 20

Why Start on Time as Planned? • Construction prices are low, risk higher cost in future • Labor costs will increase at least 1.5% after 3/15/2011 • Interest rates are low for bridge loans & construction loan • Local economy will benefit from a $20 million construction project • 175-200 jobs will be created by the construction project • Potential for loss of +$8.2 million in state funding • Potential for loss of foundation, corporate, & private grants • Community Momentum is lost with delay • Future Competition from other Capital campaigns starting – YMCA, Boys and Girls Club, & Bayhealth 21

Project Schedule Bid Pack A - Authorization Construction November 2010 Financing Plan - Authorize Controller December 2010 Bid Pack B - Authorize Bidding to Proceed December 2010 Bid Pack B - Open Bid & Award January 2011 Bid Pack A - Completed January 2011 Bid Pack B - Starts Construction March 2011 Bridge Loan - Secure August 2011 Construction Loan - Secure October 2011 Green Energy Loan - Secure January 2012 Open Dover Anchor Library September 2012 22

Operation Plan • FY2012 –Restore pre 2009 staffing: 1 FT Library Clerk, 1 PT Library Clerk • FY 2013 -1 FT Teen Librarian, 1 FT Custodian, 1 PT Library Page • Full staffing operation of new library in FY 2013 • Utilities cost based on operation of a LEED certified building 23

Operating Budget Projected to FY 2014 FY 2011 FY 2012 Proj. FY 2013 Proj. FY 2014 Proj. Personnel $ 927,004 $1,011,538 $1,137,781 $1,179,009 Materials & $ 85,078 $ 86,578 $ 93,891 $ 98,391 Supplies Administrative $ 114,145 $ 115,795 $ 151,818 $ 154,818 Exp. Green Energy 0 $47,6910* $95,382* $95,382* Debt Service* Total: $1,126,227 $1,261,602 1,478,872 $1,527,600 *Dedicated revenue source ** w/o GE debt service 7.7% increase 14% increase 3.5% increase 24

Revenue Budget Impact • The cost of restoring staff in FY12 to FY09 level is $48,381, this is a $0.0015 cent increase in taxes, which is 0.44% increase. • The cost of new staff, plus new building operation costs, added in FY 13 is $132,720. This is a .0041 cent increase in taxes, which is 1.20%. • Assuming 70% of Fund Raising is met and $480,000 of the construction is converted to permanent financing, the annual debit is $54,299. This is equal to $0.017 cent increase in taxes or 0.49% increase in taxes. In 2015 General Debt Service is scheduled to decrease by $84,790. • Assumes 2011 tax base, and does not account for any growth in City of Dover tax base or other revenue sources. • State operating aid is based on library operating budget, the above assumes no increase in State Library Aid. 25

Closing • Thanks to hundreds of volunteers who have committed time and money • Since July 2005 #1 project for City of Dover • Since 2007 #1 project for DE Council on Libraries • Community need is high • Community usage is high • Costs will increase with delay • Community Momentum is lost with delay 26

J. A. Langford* • “The only true equalizers in the world are books; the only treasure-house open to all comers is a library; the only wealth which will not decay is knowledge; the only jewel which you can carry beyond the grave is wisdom.” *English journalist, 1823-1903 27

ATTACHMENT #2 PR&CE Committee Meeting of 10/11/2010 Parks, Recreation, and Community Enhancement Committee 10/11/10 Status of FY-09-10 Program Funds Spent - Fiscal Year 7/1/10-6/30/11 2009 Grant Projects Project Details Total Grant Funds Expended Unencumbered Balance Settlement assistance to Homeownership Assistance Program low/mod families to $40,000 $0 $40,000 purchase homes Rehabilitate owner Housing Rehabilitation Program occupied homes found in $48,000 $0 $48,000 violation of city codes Renovate single family Habitat for Humanity home for a low income $32,000 $0 $32,000 family Provide motel vouchers to Connections Comm. Support $12,000 $0 $12,000 homeless individuals This project will provide RC & D $32,000 $0 $32,000 emergency home repairs Reconstruct streets, curbs Streets Project $63,434 $0 $63,434 and sidewalks *Housing Rehabilitation Program FY- Lead base paint testing $60,000 $3,804 $56,196 09 underway PR&CE Committee Meeting of 10/11/2010 Total $287,434 $3,804 $283,630 * rehab projects - please note that $56,196 has been rolled over to program year FY-10 106 Gordon Place ATTACHMENT #2 508 Walker Road 814 River Road 40 Bertrand Drive

UTILITY COMMITTEE The Utility Committee Meeting was held on October 11, 2010 at 5:00 p.m. with Chairman Ruane presiding. Members present were Mr. Bonar, Mr. McGiffin, Major Kosior and Mr. Snaman. Members of Council present were Council President Hogan (arrived at 5:03 p.m. and departed at 5:35 p.m.) and Mr. Leary (arrived at 5:18 p.m. and departed at 5:42 p.m.). Mayor Carey was also present (arrived at 5:04 p.m.) . AGENDA ADDITIONS/DELETIONS Mr. Bonar moved to consider Item #3 - Remote Control and Monitor Wells as Item #1, seconded by Mr. Snaman and unanimously carried. By unanimous consent, the agenda was approved, as amended. 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. 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.

UTILITY COMMITTEE MEETING OF OCTOBER 11, 2010 PAGE 2 Mr. McGiffin moved to recommend 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. The motion was seconded by Major Kosior and unanimously carried. 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. 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.

UTILITY COMMITTEE MEETING OF OCTOBER 11, 2010 PAGE 3 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. Mr. McGiffin moved to recommend acceptance of the PACE Global Presentation of the FY 2010 Power Year Review, seconded by Mr. Bonar and unanimously carried. 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. Mr. Bonar moved for adjournment, seconded by Major Kosior and unanimously carried. Meeting Adjourned at 5:54 P.M. Respectfully submitted, Eugene B. Ruane Chairman EBR/JS/jg/ac/tm/dd S:\AGENDAS & MINUTES\Committee-Minutes\2010\10-11-2010 UTILITY.wpd

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on October 11, 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 (arrived at 6:23 p.m.) , Mr. McGlumphy (departed at 6:56 p.m.), Mr. Ruane, and Mrs. Williams (departed at 6:56 p.m.). Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Mr. McGiffin 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. 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 (Attachment #1), 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.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 11, 2010 PAGE 2 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. Mr. McGiffin moved to recommend acceptance of the Status and Review of Library Project and Financing Plan Report as presented, seconded by Dr. Jones and unanimously carried. 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. Mr. McGiffin moved to recommend granting a waiver from the City of Dover Recruitment Policies to allow for the restructuring of the City Clerk’s Office as described. The motion was seconded by Mr. Shevock and carried with Dr. Jones voting no. Mr. Salters moved for adjournment, seconded by Mr. McGiffin and unanimously carried. Meeting Adjourned at 7:00 P.M. Respectfully submitted, Thomas J. Leary Chairman TJL/TM/jg S:\AGENDAS & MINUTES\Committee-Minutes\2010\10-11-2010 LF&A.wpd Attachments Attachment #1 - Revised Presentation of the Dover Anchor Library: Status Report

ATTACHMENT #1 LF&A Committee Meeting of 10/11/2010 The New Dover Public Library LF&A Committee Meeting of 10/11/2010 ATTACHMENT #1 1

Goal: •To deliver a 46,000 square foot anchor library to meet the needs of the Greater Dover Community now and well into the future; •Designed in an • Designed as a LEED ( Leadership in Energy and architectural style befitting Environmental Design) Project to conserve energy, the capital city of the First water, and natural resources AND reduce State; utility operating costs; •With no long term debt service required of the general fund 2

Dover Anchor Library: Status Report 1. Construction Documentation 2. Fitting into today’s economic times 3. Cost estimates, Value engineering, Phasing 4. Funding & Financing Plans 5. Timeline 6. Estimated Operating Budget 3

Construction Plans and Documents • Completed +50% of Construction Document • 100% Completion by November 15, 2010 • Bid Pack A: Bids due October 26, 2010 • Value engineering & phasing plan completed • Spent to date: $1,628,164 4

Current Economy Shaping the Project • Fund raising goals scaled back • $5.7 million $3 million • Project has been re-sized • Building size 52,000 sf 46,000 sf • Value Engineering • Budget $23,500,000 $20,314,917 • 2 Phase Project 3 Phase Project • More time for completion of fund raising • LEED Level: Silver/Gold Certified/Silver 5

History Architect’s\CM’s Cost Estimates • April 2009: Schematic Design Phase $23,510,098 • November 2009: Design/Development Phase $21,868,855 • September 2010: 50% Construction Documents $22,452,347 • September 27, 2010: Value Engineering ($1,278,883) • September 27, 2010: Phasing & Add Alternates ($ 858,547) • September 27, 2010: Current Estimate $20,314,917 Total Cost including Fund Raising Expenses $20,646,169 6

Total Project Cost Summary Building Construction Costs Trade Contract Costs $13,572,525 Fees and Other Construction Costs $ 3,163,637 Other Construction Costs Design Services $ 2,415,755 Furniture, Fixtures,& Equipment $ 1,133,000 Owners Administrative Costs $ 30,000 Fund Raising $ 331,252 Total $20,646,169 7

Value Engineering Value engineering is an organized approach to providing the necessary functions at the lowest cost and the elimination of unnecessary costs. Examples: • Slate roof to standing seam roof: Savings: $121,323 • Natural tile to standard color tile: Savings: $ 52,410 • Reduce exterior brick protrusions: Savings: $ 61,980 Total of 29 Value Engineering Savings = $1,278,883 8

Building Add Alternates: Add Alternates are optional features that are bid separately and can be included if the project base bids come in lower than expected. Examples: • Change interior stone to custom wall covering: $191,965 • Delete exterior aluminum column covers: $ 56,160 • Shell Out Meeting Room: $ 76,650 Total of 8 Add Alternates for Possible Savings = $858,547 9

Re-Phasing: Spread the project over a greater amount of time to allow for more time for fund raising Original Phasing Plan: • Bid Pack A: Innovation Way exit road: Complete: March 2011 • Bid Pack B: Library building including adult, children’s, teen loft, tech lab, large meeting room, reading garden, parking, lobby: Complete: September 2012 New Phasing Plan: • Bid Pack A: Innovation Way exit road: Complete: March 2011 • Bid Pack B: Library building including adult, children’s, teen area, tech lab, parking, lobby: Complete: September 2012 • Bid Pack C or Add Alternates: – Teen Loft = $338,775 – Large Meeting Room = $76,650 – Reading Garden = $134,818 Complete: Upon meeting fund raising goals 10

LEED/Green Energy: Deliver a building that conserves energy & water and therefore, significantly reduces operating expenses. Total Cost: Difference over Annual Savings # of Payback Years Conventional Geothermal $315,000 $126,000 $ 15,249 8 Raised Floor $437,647 $ 17,506 $ 2,118 8 w/Under Floor HVAC Building $214,217 $ 42,843 $ 6,354 7 Envelope/Glazing Energy Efficient $360,000 $ 50,400 $ 5,083 10 Light Fixtures Exterior Shading $200,000 $ 6,000 $ 847 7 Energy Recovery $ 49,000 $ 12,250 $ 2,118 6 System Dash Board $ 28,000 $ 28,000 -0- N/A Educational System Green Roof $228,600 $228,600 $ 424 N/A Sub Total: $1,832,464 $511,599 $32,193 11

LEED/Green Energy Add Alternates Total Cost Difference Savings # of Payback Over Years Conventional Ice Storage $ 80,000 $ 32,000 $ 9,742 3 Rain Water $105,000 $105,000 $ 424 N/A Harvesting Grey Water $ 9,500 $ 9,500 -0- N/A Collection Sub Total: $194,500 $146,500 $ 10,166 Total w/ Add $2,026,964 $658,099 $42,359 Alternates 12

The Value of LEED/Green Energy • 43 percent annual savings or $42,359 (estimated) •LEED is eligible for Green Energy Rate Financing •The State Matches 50% of LEED Construction 13

Funding Plan Details 14

Funding Plan Likely Funding Sources Budget Committed Highly Probable State Grant $10,164,300 $8,084,357 $10,584,357 City Reserve Contribution $3,592,457 $3,592,457 $3,622,457 City Reserve Interest $460,063 $ 424,858 $460,134 Library Foundation (Bid A & B) $2,617,866 $ 903,531 $1,017,866 Sale of 45 S. State St. $1,200,000 0 Use Bridge Loan Green Energy Grants $215,000 0 $215,000 Friends of the Library $200,000 0 $200,000 Reynolds Trust $46,355 0 $ 46,355 Community Transportation $150,000 $ 85,000 $ 150,000 BTOP Grant $50,000 $ 50,000 $ 50,000 Financing Needs: Green Energy Bonds $1,500,000 0 $1,500,000 Bridge Loan: Sale of Bldg 0 0 $1,200,000 Construction Loan 0 0 $1,600,000 Total Funding Sources $20,646,169 $13,140,203 $20,646,169 15

Grants, Trusts and Other Commitments • The remaining FY 2012 bond bill money is $2,500,000. There is high support from Council on Libraries and Governor’s administration. • Reynolds Trust: Robert J. Reynolds, Governor of DE, 1891-1895: $46,355 • Friends of Library: Edward Smitheman Bequest: $150,000 & Friends Commitment $50,000 • CTF – commitments for Bid Pack A: $155,000 from: Senators Bushweller, Bonini & Ennis; Reps. Blakey, Carson, Scott & Bennett. • BOTP – Broadband Technologies Opportunity Program through the DE Div. of Libraries: $50,000 16

Green Energy Grant & Financing • State Law requires all electric rate payers in Delaware to pay a Green Energy rate. • Revenue is to be used for Green Energy and Energy Conservation projects and programs. • Dover has set aside $60,000 and since October 2009 has been setting aside half of the revenue or about $5,400 per month. • Jan. 2012: $215,000 will be available for Library. • After Jan. 2012: we propose $8,000 of the monthly revenue to finance a $1.5 million loan at 2.5% with a 20 year term. 17

Construction Loan & Bridge Loan •There will be a need for cash until we sell the existing library and while fund raising continues. •The Plan proposes a $1.2 million bank bridge loan needed until the library is sold. •The Plan substitutes $1.6 million Construction Loan; the amount is reduced as fundraising continues. •Any balance not paid off by the end of construction would be converted to permanent financing. •Current quote rates are 2.5% interest rates 18

Pay Off Possibilities for Temporary Financing • Fund raising campaign continues successfully – $2 million+ in active grant requests waiting responses [Goal = $1,000,000] – Major Donor level of campaign still under way [Goal = $1,000,000] – Mid Level Donor Campaign launches in December [Goal = $1,000,000] – First Level Donor Campaign still to be launched [Goal = $95,000] • 2nd Friends of the Library Commitment [Goal = $10,000-$30,000] • 2nd second cycle of CTF [Goal = $50,000-$100,000] • Avoid use of Budgeted Construction Contingency [$0-$1,000,000] • Construction Bids under budget 1-5% [$157,075-$795,375] • Fund Raising Expenses under budget 10-20% [$30,000-60,000] $5 million in Possibilities 19

Risk Analysis of Cash Flow Revolving Bank Loan: assume 10 years permanent financing @ 2.5 % IF: Need to Finance Annual Debt Risk of happening Service No funds raised $1,600,000 $180,998 No Risk 30% funds raised $1,120,000 $126,698 Very Likely to Exceed 50% funds raised $ 800,000 $ 90,499 Likely to Exceed 70% funds raised $ 480,000 $ 54,299 Likely to Meet 90% funds raised $ 160,000 $ 18,100 May not Meet 100% $0 $0 May not Meet 20

Why Start on Time as Planned? • Construction prices are low, risk higher cost in future • Labor costs will increase at least 1.5% after 3/15/2011 • Interest rates are low for bridge loans & construction loan • Local economy will benefit from a $20 million construction project • 175-200 jobs will be created by the construction project • Potential for loss of +$8.2 million in state funding • Potential for loss of foundation, corporate, & private grants • Community Momentum is lost with delay • Future Competition from other Capital campaigns starting – YMCA, Boys and Girls Club, & Bayhealth 21

Project Schedule Bid Pack A - Authorization Construction November 2010 Financing Plan - Authorize Controller December 2010 Bid Pack B - Authorize Bidding to Proceed December 2010 Bid Pack B - Open Bid & Award January 2011 Bid Pack A - Completed January 2011 Bid Pack B - Starts Construction March 2011 Bridge Loan - Secure August 2011 Construction Loan - Secure October 2011 Green Energy Loan - Secure January 2012 Open Dover Anchor Library September 2012 22

Operation Plan • FY2012 –Restore pre 2009 staffing: 1 FT Library Clerk, 1 PT Library Clerk • FY 2013 -1 FT Teen Librarian, 1 FT Custodian, 1 PT Library Page • Full staffing operation of new library in FY 2013 • Utilities cost based on operation of a LEED certified building 23

Operating Budget Projected to FY 2014 FY 2011 FY 2012 Proj. FY 2013 Proj. FY 2014 Proj. Personnel $ 927,004 $1,011,538 $1,137,781 $1,179,009 Materials & $ 85,078 $ 86,578 $ 93,891 $ 98,391 Supplies Administrative $ 114,145 $ 115,795 $ 151,818 $ 154,818 Exp. Green Energy 0 $47,6910* $95,382* $95,382* Debt Service* Total: $1,126,227 $1,261,602 1,478,872 $1,527,600 *Dedicated revenue source ** w/o GE debt service 7.7% increase 14% increase 3.5% increase 24

Revenue Budget Impact • The cost of restoring staff in FY12 to FY09 level is $48,381, this is a $0.0015 cent increase in taxes, which is 0.44% increase. • The cost of new staff, plus new building operation costs, added in FY 13 is $132,720. This is a .0041 cent increase in taxes, which is 1.20%. • Assuming 70% of Fund Raising is met and $480,000 of the construction is converted to permanent financing, the annual debit is $54,299. This is equal to $0.017 cent increase in taxes or 0.49% increase in taxes. In 2015 General Debt Service is scheduled to decrease by $84,790. • Assumes 2011 tax base, and does not account for any growth in City of Dover tax base or other revenue sources. • State operating aid is based on library operating budget, the above assumes no increase in State Library Aid. 25

Closing • Thanks to hundreds of volunteers who have committed time and money • Since July 2005 #1 project for City of Dover • Since 2007 #1 project for DE Council on Libraries • Community need is high • Community usage is high • Costs will increase with delay • Community Momentum is lost with delay 26

J. A. Langford* • “The only true equalizers in the world are books; the only treasure-house open to all comers is a library; the only wealth which will not decay is knowledge; the only jewel which you can carry beyond the grave is wisdom.” *English journalist, 1823-1903 27

City of Dover Capital Investment Plan Project Tracking Report July 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 $ 1,162,299 $ 50,591 $ 1,797,267 Federal &/or State Grants 780,290 1,000,000 45,248 240,875 2,066,413 Revolving Fund Loans - - 8,346,498 - 8,346,498 Bond Proceeds - - - 4,240,034 4,240,034 Impact Fees - - 518,230 - 518,230 State Funds (FY09 Carry Forward Gov Ave) - - - 710,318 710,318 Income from Sale of Assets 29,200 - - - 29,200 Parkland Reserve 40,000 - - - 40,000 Library Reserve & Contributions 780,290 - - 780,290 Transfer from Operating Funds 44,802 - 700,000 2,500,000 3,244,802 Interest Earned 2,700 - - 27,599 30,299 Project Carry Forward Balances 51,006 - 1,094,697 2,575,170 3,720,873 Total Funding Sources (Unaudited) $ 2,139,975 $ 1,172,690 $ 11,866,972 $ 10,344,587 $ 25,524,224 Page 1 of 5

City of Dover General Fund - Major CIP Projects July, 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 FY2009 Working on Construction Documents and M/G New Library Project $ 18,200,000 $ 24,679,934 $ 737,066 $ 23,942,868 3.0% $ 6,687,039 $ 6,687,039 $ - 0.0% Started Bidding Bid Pack A. Totals - FY09 $ 18,200,000 $ 24,679,934 $ 737,066 $ 23,942,868 3.0% $ 6,687,039 $ 6,687,039 $ - 0.0% FY2010 Vehicles & Equipment $ 63,675 $ - $ - $ - 0.0% $ 735,185 $ 735,185 $ - 0.0% Started Vehicles being ordered. Structure done. Sprinklers in, wiring & heater Pitts Center Addition 50,000 40,000 3,497 36,503 8.7% - 40,000 369 0.0% Started to be installed. Totals - FY10 $ 113,675 $ 40,000 $ 3,497 $ 36,503 8.7% $ 735,185 $ 775,185 $ 369 0.1% FY2011 Core Law Enforcement Server Replacement $ - $ 53,500 $ - $ 53,500 0.0% $ - $ 53,500 $ - 0.0% Started Specifications done. Playground Improv Program - 15,000 - 15,000 0.0% 15,000 15,000 - 0.0% Not Started Nov. Paving of BB courts scheduled. Skate Park - 30,000 - 30,000 0.0% 30,000 30,000 - 0.0% Not Started In discussions with equipment provider. Concrete Program 50,000 50,000 - 50,000 0.0% 50,000 50,000 - 0.0% Started Complete with contractor portion. Transfer to CT Fund 300,000 - - - 0.0% 300,000 300,000 - 0.0% Started See CTF report. Downtown Security Cameras 63,000 63,000 - 63,000 0.0% 63,000 63,000 - 0.0% Not Started Site Selection. Totals - FY11 $ 413,000 $ 211,500 $ - $ 211,500 0.0% $ 458,000 $ 511,500 $ - 0.0% Grand Totals $ 18,726,675 $ 24,931,434 $ 740,563 $ 24,190,871 3.0% $ 7,880,224 $ 7,973,724 $ 369 0.0% 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 July, 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 Lincoln Park Center $ 400,000 $ 400,000 $ 357,257 $ 42,743 89.3% $ - $ - $ - 0.0% Started Ongoing. Totals $ 400,000 $ 400,000 $ 357,257 $ 42,743 89.3% $ - $ - $ - 0.0% Grand Totals $ 400,000 $ 400,000 $ 357,257 $ 42,743 89.3% $ - $ - $ - 0.0% 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 July, 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 Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments FY 2008 South Governors Ave. Water Main Upgrade $ 200,000 $ 200,000 $ 2,664 $ 197,336 1.3% $ - $ - $ - $ - 0.0% Started Water lines done. Doing service lines and hydrants. M 1.0 MG Elevated Water Storage Tower 4,196,600 2,590,000 6,623 2,583,377 0.3% - - - - 0.0% Started Selecting Tank Model & Site; FY11 = Constr. M Piney Point Well 398,800 665,000 52,475 612,525 7.9% - - - - 0.0% Started DNREC reviewing permits; FY11 = Constr. M South Governors Ave. Sewer Main 300,000 291,000 11,756 279,244 4.0% - - - - 0.0% Started Lines in. Doing punch list items. M/SL US 13 East Sanitary Sewer Interceptor 2,376,800 3,409,641 868,162 2,541,479 25.5% - - - - 0.0% Started Working in DSU and Rustic Lan sections. Totals - FY08 $ 7,472,200 $ 7,155,641 $ 941,680 $ 6,213,961 13.2% $ - $ - $ - $ - 0.0% FY2009 M/SL Bayard Avenue 590,910 590,910 6,490 584,420 1.1% - - - - 0.0% Started Material ordered. M/SL East side N. State Street 868,707 29,896 29,074 822 97.2% - - 71 (71) 0.0% Started Construction started. M/SL Route 13 Water Main 1,058,700 68,097 123,996 (55,899) 182.1% - - - - 0.0% Started With DelDOT for approval. R Water Quality Improvements FY09 $ 2,518,317 $ 688,903 $ 159,560 $ 529,343 23.2% $ - $ - $ 71 $ (71) 0.0% Started M/SL DE State University Pumping Station Repl. $ 386,400 $ 386,400 $ 145,715 $ 240,685 37.7% - - - - 0.0% Completed Station in use. Some punchlist items. M/SL Fox Hall/Retreat Force Main Rerouting 133,100 139,245 218,438 (79,193) 156.9% - - - - 0.0% Completed Done. Overage covered by US 13 Interceptor. M/SL Acorn Lane Pump Station Replace. 386,400 386,400 175,511 210,889 45.4% - - - - 0.0% Completed Done. Totals - FY09 $ 3,424,217 $ 1,600,948 $ 699,223 $ 901,725 43.7% $ - $ - $ 71 $ (71) 0.0% FY2010 R Remote Control & Monitor Wells 55,000 55,000 23,104 31,896 42.0% - - - - 0.0% Completed Radio in, need to alter location of project. M Del. State Univ. Force Main Rerouting 137,700 26,800 - 26,800 0.0% - - - - 0.0% Completed Design done, construct w RT 13 Intercept Pro. M Fox Hall Pump Station 427,900 52,000 1,856 50,144 3.6% 375,900 375,900 - 375,900 0.0% Started Waiting on final drawings. M Heatherfield Pumping Station Upgrade 220,400 40,000 1,284 38,716 3.2% 229,200 229,200 - 229,200 0.0% Started Waiting on final drawings. I Tar Ditch Interceptor Upgrade 518,230 518,230 2,898 515,332 0.6% - - 1,449 (1,449) 0.0% Started In design. Various Pump Motor Replacements 45,248 45,248 - 45,248 0.0% - - - - 0.0% Started Grant approved. Ordering will begin. Totals - FY10 $ 1,404,478 $ 737,278 $ 29,142 $ 708,136 4.0% $ 605,100 $ 605,100 $ 1,449 $ 603,651 0.2% FY2011 Misc. Distribution System Upgrade $ 60,000 $ 60,000 $ - $ 60,000 0.0% $ 60,000 $ 60,000 $ - $ 60,000 0.0% Started On-going as needed. Wellhead Redevelopement Program 60,000 0.0% 60,000 60,000 - 60,000 0.0% Started Going out to bid. Water Quality Improvements 500,000 500,000 - 500,000 0.0% 500,000 500,000 - 500,000 0.0% Not Started See above FY09. M/SL Inflow/Infiltration Removal 500,000 500,000 - 500,000 0.0% 500,000 500,000 - 500,000 0.0% Started Contractor selected, January start. R Scada Technology Equip Upgrade 82,100 82,100 - 82,100 0.0% 82,100 82,100 - 82,100 0.0% Started Equipment ordered. Del State/Del Tech Force Main Rerouting 286,500 286,500 - 286,500 0.0% 286,500 286,500 - 286,500 0.0% Started Securing easements. Lepore Road Pump Station Replacement 52,000 52,000 - 52,000 0.0% 52,000 52,000 - 52,000 0.0% Started Design with Braun. R Misc. Sewer System Improvements 35,000 35,000 - 35,000 0.0% 35,000 35,000 - 35,000 0.0% Started Ongoing as needed. $ 1,575,600 $ 1,515,600 $ - $ 1,515,600 0.0% $ 1,575,600 $ 1,575,600 $ - $ 1,575,600 0.0% - Grand Totals $ 10,896,417 $ 8,756,589 $ 1,640,903 $ 7,115,686 18.7% $ 2,180,700 $ 2,180,700 $ 1,520 $ 2,179,180 0.1% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. 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 July, 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 $ 8,761,762 $ (67,980) 100.8% $ - $ - $ 4,242 0.0% Completed In service. Taking down old poles, M/S Governor's Avenue Rebuild 1,268,450 2,068,260 520,460 1,547,800 25.16% - - - 0.0% Started installing lights. Totals - FY06 $ 12,328,450 $ 10,762,042 $ 9,282,222 $ 1,479,820 86.2% $ - $ - $ 4,242 0.0% FY 2008 Unit 3 Turb Bearing Fire Protect Deluge $ 50,000 $ 50,000 $ - $ 50,000 0.0% $ - $ - $ - 0.0% Started In design. Totals - FY08 $ 50,000 $ 50,000 $ - $ 50,000 0.0% $ - $ - $ - 0.0% FY2009 Danner Farm Transformer $ 45,000 $ 45,000 $ 36,923 $ 8,077 82.1% $ - $ - $ - 0.0% Completed Done. Distribution Upgrades - Schoolview 100,000 175,000 174,335 665 99.6% - - - 0.0% Completed Done. Totals - FY09 $ 145,000 $ 220,000 $ 211,258 $ 8,742 181.7% $ - $ - $ - 0.0% FY2010 B Vansant CT Mark IV Control (Replmnt) $ 700,000 $ 610,000 $ 286,637 $ 323,363 47.0% $ - $ - $ - 0.0% Completed In service. B McKee Run Entrance Road 240,000 240,000 154,722 85,278 64.5% - - 154,244 0.0% Completed In service. Work Mgmt. System Replacement 85,000 85,000 26,577 58,423 31.3% - - 9,859 0.0% Completed Done. Photovoltaic Install @ McKee Run - - - - 0.0% - - - 0.0% Completed In service. M/B Mid City Substation 1,488,461 993,711 975,819 17,892 98.2% - - 1,087 0.0% Completed In service. S LED Lighting Replacement 70,087 70,087 - 70,087 0.0% - - - 0.0% Started Material ordered. B Crossgates 396,904 543,075 524,391 18,684 96.6% - - 1,440 0.0% Completed Done. B Buchanan Acres 406,000 865,144 1,113,148 (248,004) 128.7% - - 34,683 0.0% Completed Done. Totals - FY10 $ 3,386,452 $ 3,407,017 $ 3,081,295 $ 325,722 90.4% $ - $ - $ 201,313 0.0% FY2011 Vehicles & Equipment $ 182,700 $ 182,700 $ - $ 182,700 0.0% $ 182,700 $ 182,700 $ - 0.0% Started Vechicles being ordered. Substation PT & CT Replacement 256,218 256,218 20,242 235,976 7.9% 256,218 256,218 20,242 7.9% Started Material ordered. Replace of 69 kV Breakers 100,000 100,000 - 100,000 0.0% 100,000 100,000 - 0.0% Started Material ordered, Lights done in Hidden Oaks, Lighting Rehabilitation 100,000 100,000 16,404 83,596 16.4% 100,000 100,000 16,404 16.4% Started Deerfeild. Going to Council to Walker Road OH Conversion 350,511 350,511 - 350,511 0.0% 350,511 350,511 - 0.0% Dropped reappropriate. Misc Capital Equipment Replacement 40,000 40,000 - 40,000 0.0% 40,000 40,000 - 0.0% Started Ongoing as needed. UG Transformers 120,536 120,536 12,891 107,645 10.7% 120,536 120,536 12,891 10.7% Started Ongoing as needed. UG Conductors 529,464 529,464 27,516 501,948 5.2% 529,464 529,464 27,516 5.2% Started Ongoing as needed. Meters 50,000 50,000 2,804 47,196 5.6% 50,000 50,000 2,804 5.6% Started Ongoing as needed. Unit 3 Cooling Tower Fill 353,338 353,338 - 353,338 0.0% 353,338 353,338 - 0.0% Started Under construction. Units 1 & 2 Cooling Tower 218,730 218,730 4,850 213,880 2.2% 218,730 218,730 4,850 2.2% Started Under construction Scoping. Work during spring Unit 3 Tubine Inspection 348,000 348,000 - 348,000 0.0% 348,000 348,000 - 0.0% Started outage Scoping. Work during spring Unit 3 Aux System Components 113,000 113,000 - 113,000 0.0% 113,000 113,000 - 0.0% Started outage. Misc Capital Equipment Replacement 71,000 71,000 3,146 67,854 4.4% 71,000 71,000 3,146 4.4% Started Ongoing as needed. Scoping. Work during spring Unit 3 Stack Repairs 25,000 25,000 - 25,000 0.0% 25,000 25,000 - 0.0% Started outage. Scoping. Work during spring Units 1 & 2 Life Extension 276,000 276,000 - 276,000 0.0% 276,000 276,000 - 0.0% Started outage. Unit 1 Turbine Outage - - - - 0.0% - - - 0.0% Completed Unit 3 FD & ID FAN CNRL UP 45,000 45,000 - 45,000 0.0% 45,000 45,000 - 0.0% Unit 3 DCS Com & Software 30,000 30,000 - 30,000 0.0% 30,000 30,000 - 0.0% Distribution Upgrades 400,000 400,000 - 400,000 0.0% 400,000 400,000 - 0.0% Started Ongoing as needed. 3,609,497 3,609,497 87,854 3,521,643 2.4% 3,609,497 3,609,497 87,854 2.4% Grand Totals $ 19,519,399 $ 18,048,556 $ 12,662,629 $ 5,385,927 70.2% $ 3,609,497 $ 3,609,497 $ 293,409 8.1% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. B = Bonded Project S = State fully or partially reimbursed project Page 5 of 5

Quarterly Revenue Forecast September 30, 2010 Finance Department

Page 2 of 3 CITY OF DOVER FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 REVENUE FORECAST As of September 30, 2010 September 25.0% Original YTD % Budget FY11 FY10 FY09 GENERAL FUND Budget Receipts Received PROJ'D COMMENTS RECEIPTS RECEIPTS Property Taxes $ 10,982,634 $ 10,542,653 96.0% $ 10,982,634 $ 9,977,466 $ 10,022,288 Transfer from Electric Fund 8,856,000 2,214,000 25.0% 8,856,000 6,758,100 6,758,100 Intrafund Service Receipts Electric 3,374,945 759,386 22.5% 3,374,945 3,159,199 3,417,682 Transfer Tax 1,000,000 179,672 18.0% 650,000 Due to decrease in overall market value & lack of comm. RE sales 867,795 1,198,064 Business Licenses 1,523,675 1,424,427 93.5% 1,523,675 1,464,341 1,436,715 Intrafund Service Receipts Water/Wastewater 972,889 224,985 23.1% 972,889 900,164 965,917 Trash Fees & DSWA Rebate 2,387,511 662,829 27.8% 2,387,511 1,340,730 1,396,801 Permits & Other Licenses 934,000 119,246 12.8% 934,000 960,427 1,163,233 Transfer from Municipal Street Aid Fund 526,843 131,704 25.0% 526,843 - 791,306 Fines & Police Revenue 581,502 115,670 19.9% 581,502 626,833 628,928 Court of Chancery Fees 645,000 53,180 8.2% 645,000 Still due August & September 675,390 738,240 Transfer from Water/Wastewater Fund - - 0.0% - 548,020 564,810 Transfer from Civil Traffic Penalties Fund 930,000 215,841 23.2% 930,000 791,583 694,220 Library Revenues & County Reciprocal Pymt. 524,189 12,455 2.4% 524,189 465,387 514,458 Police Extra Duty Fees 300,000 9,053 3.0% 300,000 414,665 386,770 Franchise Fees 486,000 - 0.0% 486,000 520,157 507,135 Grants 831,850 18,475 2.2% 831,850 653,492 133,864 Business Improvement District Tax 52,692 50,939 96.7% 52,692 52,118 53,113 Other Miscellaneous Receipts 282,750 58,238 20.6% 282,750 282,274 308,495 Interest Income 224,000 4,444 2.0% 224,000 145,869 239,185 Transfer from Reserves - - 0.0% - 236,582 - TOTALS $ 35,416,480 $ 16,797,197 47.4% $ 35,066,480 $ 30,840,592 $ 31,919,324

Page 3 of 3 CITY OF DOVER FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 REVENUE FORECAST As of September 30, 2010 September 25.0% Original YTD % Budget FY11 FY10 FY09 WATER/WASTEWATER FUND Budget Receipts Received PROJ'D COMMENTS REVENUES REVENUES Water Fees $ 4,206,700 $ 1,566,787 37.2% $ 4,206,700 $ 4,274,966 $ 4,070,523 Wastewater Fees 3,308,300 1,029,376 31.1% 3,308,300 3,015,856 2,351,885 Wastewater Adjustment Fees - County Trtmt 4,275,600 1,194,255 27.9% 4,275,600 3,100,547 3,733,644 Wastewater Impact Fees 323,000 51,775 16.0% 323,000 418,475 609,024 Water Impact Fees 357,000 59,150 16.6% 357,000 369,750 126,000 Water Tank Space Leasing 299,400 23,908 8.0% 299,400 293,154 325,720 Interest Income 1,515 939 62.0% 1,515 1,573 63,714 Other Miscellaneous Revenues 71,000 14,847 20.9% 71,000 58,848 67,771 TOTALS $ 12,842,515 $ 3,941,038 30.7% $ 12,842,515 $ 11,533,169 $ 11,348,281 September 25.0% Original YTD % Budget FY11 FY10 FY09 ELECTRIC REVENUE FUND Budget Receipts Received PROJ'D COMMENTS REVENUES REVENUES Sales to Customers $ 96,595,300 $ 30,333,793 31.4% $ 96,595,300 FY10 Consumption 2.5% decrease; FY11 .8% increase; $ 96,158,794 $ 97,904,431 Purchased Power Adjustment (2,000,000) (605,809) 30.3% (2,000,000) - Utility Tax 1,864,800 571,289 30.6% 1,864,800 1,922,645 1,738,059 Emission Credit Sales - - 0.0% - 275,214 167,682 Miscellaneous Revenue 1,206,616 343,717 28.5% 1,206,616 1,388,482 1,642,420 Interest Income 65,700 5,095 7.8% 65,700 16,441 428,212 Intrafund Service Fees - Water/Wastewater 299,442 37,687 12.6% 299,442 179,360 191,247 TOTALS $ 98,031,858 $ 30,685,772 31.3% $ 98,031,858 $ 99,940,936 $ 102,072,051

Memorandum Office of the City Manager PO Box 475 Dover, DE 19903 Phone: (302) 736‐7005 Fax: (302) 736‐7002 E‐mail: tdeprima@dover.de.us To: Mayor and City Council From: Anthony J. DePrima, AICP, ICMA-CM City Manager Date: October 18, 2010 Subject: Semi Annual Inspection – Robbins Hose Company In accordance with Section 46-43 of the City Code, I performed the inspection of the Dover Fire Department on October 18, 2010 with Chief Sean Christiansen. 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. The Chief filled the “Administrative Assistant to the Chief” position. Rebecca Rollison was selected and is performing very well in her new position. Rebecca, along with the other dispatchers, became certified dispatchers. Rebecca 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 going to be replaced. Although the Department’s dispatching computer server is currently down, they are still able to dispatch. But they have to complete their reports manually. The server is being evaluated for repair, but if that is not possible it will need to be replaced; which will cost $7000. Dispatching equipment is the responsibility of the city. 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. Please feel free to contact me if you have any questions or concerns. ADJ/yml cc: Fire Chief Christiansen t:/City Manager/Robbins Hose Inspection/October 2010 P.O. Box 475, Dover, DE 19903-0475 Community Excellence Through Quality Service

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities – Electric DATE SUBMITTED: 10/13/10 PREPARED BY: Ronald H. Lunt, Public Utilities Director SUBJECT: Evaluation of Bids – Overhead Line Work Contract REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: N/A EXPENDITURE REQUIRED: As required AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Possibly both Electric Eng. and T&D Division “Contractual Services” operation budgets such as 480-8200-562-30-31 (Electric T&D); 480-8300-563-30-31 (Electric Eng.); or Capital project funding if applicable. The past two (2) years of contact value were: FY 09 - $66,995.98 and FY 10 - $5,749.57 TIMETABLE: Contract to be issued upon final approval. RECOMMENDED ACTION: Staff recommends awarding the 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 to receive a three (3) year contract with a City option to extend it an additional two (2) years (five years total), as per the pricing included in the bid submittal. BACKGROUND AND ANALYSIS 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 a “time and material” contract and may exceed $25,000 annually. This 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 recommends that contracts be issued to two (2) bidders to ensure we have 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 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 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 bidders were inserted into the scenarios and it was determined that the bid submittal from Utility Lines Construction Service was 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 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 and two, a one percent increase for years three and four, and a one percent increase for year five, should the extensions be executed. The following table is a summary of the scenario pricing: Bidder Price Bidder Price Utility Lines Construction $15,696.65 G.A. Vietri $23,063.90 Rock Creek Line Const. $16,207.35 The Tri-M Group $23,569.00 Infratech Corporation $16,232.00 Alfred Fry III, Inc. $23,647.79 CW Wright $19,035.44 Coastal Electric $24,229.20

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities – Electric DATE SUBMITTED: 10-12-10 PREPARED BY: Ronald H. Lunt, Public Utilities Director SUBJECT: Evaluation of Bid – Landscaping Services Contract REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: N/A EXPENDITURE REQUIRED: As Required AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Possibly all Utility “Contractual Services” operation budgets such as 480-8200-562-30-31 (Electric T&D); 480-8300-563-30-31 (Electric Eng.); 412-6900-569-30-31 (W/WW); or CIP project funding if applicable. The past two years of contact value were: FY 09 - $32,695.79 and FY 10 - $212,553.36 TIMETABLE: Contract to be issued upon final approval. RECOMMENDED ACTION: Staff recommends awarding the blanket Landscaping Services Contract to the lowest bidder with no minimums, Joseph R. Smith Inc. for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal. BACKGROUND AND ANALYSIS 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 a “time and material” contract. 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 activity. 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 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 bidders proposed rates in this evaluation. Laurel Gardens, Landenburg, PA, had the apparent lower hourly costs; however, they required an eight hour minimum daily billing for any services rendered. Because of this minimum charge and the unforeseeable impact on the total contract cost, staff is recommending that the contract be awarded to the second lowest bidder, as evaluated through the job scenario, Joseph R. Smith Inc., Denton, MD. The following table is a summary of the scenario pricing: Bidder Price Bidder Price Laurel Gardens $4,848.00 Reybold Construction $7,758.00 *Joseph R. Smith, Inc. $5,574.00 Shortcutz Lawn and $8,634.00 Landscape Guardian Construction $5,648.31 Jonny Nichols Landscape $8,759.10 * No price increase for the first three years, optional year 4 & 5 include a 3% annual increase.

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities – Electric DATE SUBMITTED: 10/13/10 PREPARED BY: Ronald H. Lunt, Public Utilities Director SUBJECT: Evaluation of Bid – Directional Boring Contract REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: N/A EXPENDITURE REQUIRED: As required AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Possibly both Electric Engineering and T&D Division “Contractual Services” operation budgets such as 480-8200-562-30-31 (Electric T&D); 480- 8300-563-30-31 (Electric Eng.); Water/Wastewater 412-6800-568-30-31; or Capital project funding as applicable. The past two years of contact value were: FY 09 - $338,430.98 and FY 10 - $1,066,153.23 TIMETABLE: Contract to be issued upon final approval. RECOMMENDED ACTION: Staff recommends awarding the blanket Directional Boring Contract to low bidder, Joseph R. Smith, Inc. for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal. BACKGROUND AND ANALYSIS 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 a “time and material” contract 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 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 the spreadsheet to determine the lowest bidder. Using this methodology, Joseph R. Smith was the low bidder; the next lowest bidder was Utility Lines Construction Services, who was 20% higher. Funding will be from the appropriate Operations or Capital budget for which the work is being performed. The following table is a summary of the scenario pricing: Bidder Price Bidder Price Joseph R. Smith, Inc. * $759,421.62 Infratech Corp. $1,144,525.00 Utility Lines Construction $915,954.84 Coastal Electric $1,304,425.97 JT Enterprise $938,979.90 Guardian Const. $1,760,006.80 Eastcomm $965,755.00 SMC Inc. $2,118,303.55 * No price increase for the first three years, optional year 4 & 5 include a 3% annual increase

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities – Electric Division DATE SUBMITTED: 10/12/10 PREPARED BY: Ronald H. Lunt, Public Utilities Director SUBJECT: Evaluation of Bid - Underground Line Work Contract REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: N/A EXPENDITURE REQUIRED: As Required AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Possibly both Electric Eng. and T&D Division “Contractual Services” operation budgets such as 480-8200-562-30-31 (Electric T&D); 480-8300-563-30- 31 (Electric Eng.); or Capital project funding as applicable. The past two years of contact value were: FY 09 - $28,011 and FY 10 - $100,088 TIMETABLE: Contract to be issued upon final approval. RECOMMENDED ACTION: Staff recommends awarding the blanket Underground Line Work Contract to low bidder, Joseph R. Smith, Inc. for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal. BACKGROUND AND ANALYSIS 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 a “time and material” contract 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 dictated 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 bidders were inserted into the scenarios and it was determined that the bid submittal from Joseph R. Smith Inc. was low bidder by 3%. Funding will be from the appropriate Operations or Capital budget for which the work is being performed. The following table is a summary of the scenario pricing: Bidder Price Bidder Price Joseph R. Smith, Inc. * $16,244.48 SMC Inc. $22,478.40 Guardian Const. $16,724.74 Coastal Electric $25,860.96 Infratech Corp. $16,848.00 Infrasource $59,229.60 Utility Lines Const. $17,828.88 * No price increase for the first three years, optional year 4 & 5 include a 3% annual increase.

PETITION TO AMEND AND ZONING DISTRICT First Reading before the Dover City Council October 25, 2010 Applicants/Owners: Grace Presbyterian Church Address: 1022 and 1016 College Road, Dover Location: South side of College Road, west of the intersection with McKee Road Tax Parcel ID #s: ED05-067.14-01-69.00 and ED05-067.14-01-69.01 Size: 1.0044+/- acres (43,750 S.F.) Present Use: Single family detached dwelling Proposed Use: Sunday school/youth activities Comprehensive Plan Designation: Office Present Zoning: CPO (Commercial/Professional Office Zone) COZ-1 (Corridor Overlay Zone) [portion] Proposed Zoning: IO (Institutional and Office Zone) Reason for Request: To allow for the use of a Sunday school and youth activities on the site. File Number: Z-10-08

City of Dover Application No.: Z-10-08 Department of Planning & Inspections E AR U SQ R-8 OLL EG E C C-2A AD O M R OLL CK EG E EE RO AD C CPO RG-2 Site IO RG-3 R-10 ROS Plan Title: Lands of Grace Presbyterian Church Legend Location: 1022 & 1016 College Road Plan Type: Rezoning Dover Parcels Tax Parcels: ED05-067.14-01-69.00 and ED05-067.14-01-69.01 Current Zoning: CPO and COZ-1 Zoning Proposed Zoning: IO Corridor Overlay Zone Owner: Grace Presbyterian Church Date: 10-14-10 0 110 220 440 Feet «

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2010-27 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED 3 AT 1016 AND 1022 COLLEGE ROAD 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 5 the limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 7 property described below from C-PO (Commercial/Professional Office Zone) and subject to COZ-1 8 (Corridor Overlay Zone) to IO (Institutional and Office Zone). 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 10 DOVER, IN COUNCIL MET: 11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 12 Ordinance of the City of Dover have been amended by changing the zoning designation from 13 C-PO (Commercial/Professional Office Zone) and subject to COZ-1 (Corridor Overlay Zone) 14 to IO (Institutional and Office Zone) on that property located at 1016 and 1022 College Road 15 (on the south side of College Road, west of the intersection with McKee Road), consisting 16 of 1.0044+/- acres (43,750 sq. ft.), owned by Grace Presbyterian Church. 17 (Tax Parcel: ED05-067.14-01-69.00 and ED05-067.14-01-69.01; Planning Reference Z-10-08) 18 ADOPTED: * 19 S:\ORDINANCES\2010\Draft Ordinances\Ordinance 2010-27 - Rezoning -1016 and 1022 College Road - 1st Rdg.wpd 20 Actions History 21 October 25 , 2010 - Proposed First Reading - Council