Attachment

UTILITY COMMITTEE AGENDA FEBRUARY 27, 2012 - 5:30 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Dedication of Rights-of-Way and Public Infrastructure - Lexington Glen - Phase I 2. Cash-In-Lieu of Pump Station Upgrades Agreement - Village of Maple Dale Senior Housing 3. NAES Agreement Extension 4. Updates A. Green Energy Funding and Programming B. Garrison Oak Technical Park Project 5. Adjournment by 5:55 P.M. /tm S:\AGENDAS & MINUTES\Committee-Agendas\2012\02-27-2012 UTILITY.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.

ACTION FORM PROCEEDING: Utility Committee AGENDA ITEM: 2/27/2012 DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 2/17/2012 PREPARED BY: Sharon J. Duca, P.E., Interim Public Works Director SUBJECT: Dedication of Rights-of-Way and Public Infrastructure – Lexington Glen Subdivision Phase 1 REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager EXHIBITS: Attachment A – List of Public Improvements to be accepted by the City of Dover Attachment B – Map EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIME TIMETABLE: All infrastructure improvements will become the responsibility of the City of Dover upon action by City Council. RECOMMENDED ACTION: Acceptance of dedication of rights-of-way and public infrastructure in Phase 1 of the Lexington Glen Subdivision. Dedication is to include all of the referenced public improvements. BACKGROUND AND ANALYSIS Ashburn Homes, Inc., the responsible party for completing the public infrastructure within Phase 1 of the Lexington Glen Subdivision, has requested that all public infrastructure improvements related to this phase be dedicated to the City of Dover for permanent ownership and maintenance. Attachment A outlines all of the public improvements associated with Phase 1. The total construction value of the public improvements is $1,184,627. Attachment B shows the general location and configuration of the subject rights-of-way. Ashburn Homes, Inc. has completed construction of the improvements within Phase 1 in accordance with City standards and specifications. After construction was completed, City staff inspected the public improvements and developed a list of repairs to be made to meet the City of Dover Standards and Specifications for Public Works Construction. As of this date, all work required by the Interim Public Works Director has been completed. A one (1) year Maintenance Agreement, Letter of Credit, and a Release of Liabilities will be submitted as part of the dedication process. As-built drawings of the infrastructure have been provided to staff.

DEDICATION OF RIGHTS-OF-WAY AND PUBLIC INFRASTURCTURE LEXINGTON GLEN SUBDIVISION PHASE 1 ATTACHMENT A The following is a list of all public improvements which are to be accepted by the City of Dover: Sewer Utility Infrastructure (Construction Value = $234,137 ): 10” SDR-35 PVC Sanitary Sewer Main - 1,865 l.f. 8” SDR-35 PVC Sanitary Sewer Main - 945 l.f. 6” PVC Sanitary Sewer Laterals - 3,430 l.f. (98 laterals) 4' Diameter Sanitary Sewer Manholes - 12 ea. (67.42 v.f.) 8” PVC Sanitary Force Main - 110 l.f. Water Utility Infrastructure (Construction Value = $207,148 ): 8” Ductile Iron (Class 52 Cement Lined) Water Main - 3,815 l.f. 6” Ductile Iron (Class 52 Cement Lined) Water Main - 160 l.f. 1” Polyethylene Water Service Lines - 3,185 l.f. (98 services) 8” Gate Valve - 13 ea. 6” Hydrant Valve - 7 ea. Fire Hydrants - 7 ea. Storm Water Infrastructure (Construction Value = $335,564 ): Catch Basins - 45 ea. 4’ Diameter Storm Sewer Manholes - 3 ea. Outfall Structure - 1 ea. 15” Type III Reinforced Concrete Pipe - 2,144 l.f. 18” Type III Reinforced Concrete Pipe - 355 l.f. 24” Type III Reinforced Concrete Pipe - 1,536 l.f. 30” Type III Reinforced Concrete Pipe - 1,023 l.f. 36” Type III Reinforced Concrete Pipe - 408 l.f. Flared End Sections (Concrete) - 8 ea. Street Infrastructure (0.5771 miles) (Construction Value = $407,778 ): Nicholas Drive Station 2+82 to Station 15+55 1,273 l.f. Thornton Street Station 0+00 to Station 10+00 1,000 l.f. Lexington Place Station 11+20 to Station 18+94 774 l.f.

ATTACHMENT B Lexington Place, Thornton Street & Nicholas Drive Right of Way to be Dedicated to the City of Dover Pl gt on Le x in Tho n rnto St s Nichola Dr 0 100 200 400 Feet Date Printed: February 14, 2012 File: m:\gis_data\projects\tech_mxds Legend \street_dedication_lexington_glen Department: Public Services GIS Dover Parcels City of Dover, Delaware Right of Way to be Dedicated

ACTION FORM PROCEEDING: Utility Committee AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Works – Engineering DATE SUBMITTED: 2/17/2012 PREPARED BY: Sharon J. Duca, P.E., Interim Public Works Director SUBJECT: Cash-In-Lieu of Pump Station Upgrades Agreement – Village of Maple Dale Senior Housing REFERENCE: CIP – Retreat Pump Station Replacement (FY16) RELATED PROJECT: NA APPROVALS: City Manager, Controller EXHIBITS: Cash In-Lieu Agreement EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $360,500 (FY16) FUNDING SOURCE (Dept./Page in CIP & Budget): Public Utilities – Wastewater Management, Retreat Pump Station Replacement, FY-2015/16 CIP Page 47, Account Number 417-6900-569.40-31, Project Number WW1500. TIME TIME-TABLE: Per the agreement, the money will be transferred to the City of Dover prior to construction of additional residences. RECOMMENDED ACTION: Staff recommends execution of the agreement. BACKGROUND AND ANALYSIS The Village of Maple Dale Senior Housing subdivision is currently under construction. The subdivision is in the sanitary sewer basin that flows to the Retreat Pump Station, which is located on Pine Valley Road. The Retreat Pump Station is in need of upgrades in order to properly handle the proposed sanitary sewer flow from the complete build out of the Village of Maple Dale Senior Housing subdivision. Typically, the developer would have to perform the upgrades to the infrastructure prior to building residences. The complete replacement of the Retreat Pump Station is planned to occur in Fiscal Year 2016. As such, staff believes that it is in the best interest of all to perform the overall replacement as planned in Fiscal Year 2016 but to utilize a cash-in-lieu of agreement with the developer rather than perform the upgrades now. This will ensure that the new components are not removed after only four (4) years of usage. In lieu of the pump station upgrades, staff and the Becker Morgan Group, Inc. (consulting engineer) agreed that a certain amount of residences (thirty (30) townhomes and eighteen (18) condominium units) could be built without affecting the performance of the existing pump station. This was determined after a fairly extensive technical review of the pump station’s capacity and performance as well as projected flows and construction time frame. The monetary value of the upgrades that would be required for the pump station ($36,570) was established following staff review and approval of submitted estimates. City staff drafted an agreement in which Maple Dale Country Club, Inc., would pay for the improvements that would be necessary to the pump station. This agreement states that only thirty (30) townhomes and eighteen (18) condominium units can be built before the Retreat Pump Station is replaced.

CASH IN-LIEU AGREEMENT VILLAGE OF MAPLE DALE SENIOR HOUSING This AGREEMENT made this _____ day of __________ 2012 by and between the City of Dover, a Delaware Municipal Corporation, whose address is 15 Loockerman Plaza, P.O. Box 475, Dover, Delaware 19903-0475 (hereinafter referred to as the CITY), and the Maple Dale Country Club, Inc., whose address is 180 Maple Dale Circle, Dover, Delaware, 19904 (hereinafter referred to as MAPLE DALE). WITNESSETH: WHEREAS, MAPLE DALE provides funding in the amount of $36,570 for the following future CITY project: 1. Retreat Pump Station Replacement, scheduled to begin in FY 2015 (July 1, 2014 – June 30, 2015). WHEREAS, the purpose of these monies is to provide the necessary improvements to the Retreat Pump Station in relation to the proposed residential construction, in lieu of MAPLE DALE providing the required upgrades for the construction of residential units. WHEREAS, these improvements fall within the limits of a CITY capital improvement project rather than a private construction project. Now therefore, CITY and MAPLE DALE, for and in consideration of the mutual covenants hereinafter stipulated to be kept and performed, agree as follows: SECTION I MAPLE DALE agrees to the following terms: A. MAPLE DALE will provide the CITY the funding of $36,570 prior to construction of the agreed upon residential units (thirty (30) townhomes as well as one eighteen (18) unit condominium). B. MAPLE DALE shall not construct any additional residential units prior to the CITY upgrading the Retreat Pump Station, which will be designed to have the available capacity for the remaining residential units provided in the “Village of Maple Dale Senior Housing” approved subdivision plans. C. MAPLE DALE acknowledges that this agreement does not relieve the owner from paying impact fees, or other associates fees deemed necessary with this project.

SECTION II CITY agrees to the following terms: A. CITY will provide appropriate notice and/or justification to MAPLE DALE if the Retreat Pump Station Replacement project is delayed. B. CITY will provide appropriate notice to MAPLE DALE when the Retreat Pump Station Replacement project begins and finishes. CITY and MAPLE DALE agree that this agreement is the entire and complete Agreement between the parties and that no alterations, modification or amendments of this Agreement shall be made or deemed valid unless approved in writing and signed by both parties. IN WINESS THEREOF, the parties hereunto have caused this Agreement to be executed in duplicate, the day and year first above written. CITY OF DOVER Approved as to form: By: ______________________ ______________________ City Solicitor Scott Koenig, P.E. City Manager MAPLE DALE COUNTY CLUB, INC. Approved as to form: By: ______________________ ______________________

ACTION FORM PROCEEDING: Utility Committee AGENDA ITEM NO.: 02/27/12 DEPARTMENT OF ORIGIN: City Managers Office DATE SUBMITTED: 2/17/12 PREPARED BY: Scott Koenig, City Manager SUBJECT: NAES Contract Extension REVIEWED BY: City Manager & Controller/Treasurer RELATED PROJECT: Electric Cost of Service Study (Electric Rates) APPROVALS: City Council EXHIBITS: Special Council Minutes of April 24, 2006 EXPENDITURE REQUIRED: Est. $13,800 AMOUNT BUDGETED: $115,000 FUNDING SOURCE (Dept./Page in CIP & Budget): 480-8102-592-65-31 Contractual Services (Budgeted for contract negotiations and power supply RFP’s) TIMETABLE: To be completed before June 1, 2012 RECOMMENDED ACTION: Staff recommends that Council authorize the City Manager (1) to issue a letter advising North American Energy Services of Dover’s desire to review and renegotiate the terms of the Operations and Maintenance Agreement and (2) to issue a letter to Kirk Betts, Attorney, to commence the contract negotiations. BACKGROUND AND ANALYSIS The Operations and Maintenance (O & M) Agreement for the City’s electric generating facilities was entered into with North American Energy Services in 2006. The previous City Manager was prepared to extend the contract as it currently stands through May 31, 2014. Given the recent discussions regarding electric rates and cost of service, staff believes the City should re-negotiate the terms of the O & M agreement. Based on the review of Mr. Kirk Betts, the City’s energy attorney we offer the following comments – The initial term of the NAES contract was four years, ending June 2010. The contract has an evergreen provision that permits Dover to extend the contract on an annual basis after the initial term. All the compensation provisions remain, except for escalation which is an annual adjustment. Dover may terminate the contract by giving notice at least 18 months before the proposed termination date. This notice may be given at any time. A request may be made at any time to enter into sole source negotiations with NAES to adjust terms of compensation.

FUND SUMMARY Total Collected $730,716.10 DEMEC Admin Fee Paid $26,265.49 State Admin Fee Paid $14,550.38 Grants Paid $454,967.00 Grants/Fees Reserved and Amount Owed $99,975.00 Energy Depot Paid $34,904.08 Efficiency Programs Paid $34,068.34 *Funds Available to pay Customer Grants $68,282.02 Funding Shortfall -$31,692.97 Current Grant Payment Delay (Months) 8.4 * As of 02/16/2012 GRANTS PAID Grant Amount Review Fee Amount Date Grant Paid Applicant Type Paid Paid Owed 9/21/2007 Laura Drew Kelly Geo - Res $ 3,000.00 $ 225.00 $ - 12/5/2007 Domingo Reye Solar - Res $ 12,762.50 $ 750.00 $ - 4/16/2008 Lakeland Commercial Group Geo - Comm $ 10,800.00 $ 750.00 $ - 6/19/2008 & 08/25/2008 L.D. Shank - Triad Farms Solar - Comm $ 30,000.00 $ 750.00 $ - 10/6/2008 City of Dover Solar - Comm $ 40,820.00 $ 750.00 $ - 10/21/2008 Robert & Cynthia Hartman Geo HP- Res $ 1,800.00 $ 135.00 $ - 10/21/2008 Robert Varipapa Geo HP- Res $ 2,400.00 $ 180.00 $ - 2/27/2009 David Jump Solar - Res $ 15,000.00 $ 750.00 $ - 2/27/2009 Jakob Seren Solar - Res $ 15,000.00 $ 750.00 $ - 2/27/2009 William Sweet Solar - Res $ 15,000.00 $ 750.00 $ - 3/31/2009 LD Shank - Triad Farms Solar WH-Comm $ 3,000.00 $ 225.00 $ - 3/31/2009 Warren & Joan Seaver Geo HP- Res $ 3,000.00 $ 225.00 $ - 4/22/2009 William Sweet Solar HW $ 3,000.00 $ 225.00 $ - 4/28/2009 State of DE/DNREC - DE National Solar - Comm $ 30,000.00 $ 750.00 $ - 4/29/2009 Delaware Primary Care, LLC Solar - Comm $ 30,000.00 $ 750.00 $ - 9/11/2009 NCALL Solar - Comm $ 30,000.00 $ 750.00 $ - 9/11/2009 D. Brian Beckman Geo HP- Res $ 2,000.00 $ 150.00 $ - 9/21/2009 LKSC Dover, LLC Kids Cottage Solar - Comm $ 29,925.00 $ 750.00 $ - 10/5/2009 Mark F. Boller Geo HP- Res $ 3,000.00 $ 225.00 $ - 10/5/2009 John Welgan Solar - Res $ 15,000.00 $ 750.00 $ - 11/4/2009 LKSC Dover, LLC Kids Cottage Geo - Comm $ 12,000.00 $ 750.00 $ - 3/25/2010 Minaxi Patel Solar - Res $ 15,000.000 $ 750.000 $ - 3/23/2010 J. McGiffin Jr. & K. Doyle Geo HP- Res $ 3,000.000 $ 225.000 $ - 5/28/2010 Nancy Warner Geo HP- Res $ 1,200.000 $ 90.000 $ - 6/2/2010 David Teel Geo HP - Res $ 1,800.000 $ 135.000 $ - 6/2/2010 Dewey J. Barich Geo HP- Res $ 2,400.00 $ 180.000 $ - 7/12/2010 Mike & Sharonb Laverty Solar - Res $ 5,105.000 $ 382.880 $ - 8/19/2010 James Grilli Geo HP- Res $ 1,800.00 $ 135.000 $ - 8/19/2010 Michael Noble Solar - Res $ 15,000.000 $ 750.000 $ - 9/17/2010 David Teel Solar - Res $ 7,500.000 $ 562.500 3/8/2011 Michael & Carol Apgar Solar - Res $ 7,500.000 $ - $ 562.500 3/17/2011 Elizabeth Murphey School Geo HP - Comm $ 9,200.000 $ - $ 690.000 5/24/2011 Richard Avant Geo HP - Res $ 2,400.000 $ - $ 180.000 6/23/2011 Charles Messina Plumbing Solar - Comm $ 10,000.000 $ 750.000 10/4/2011 Charles Bounds Geo HP - Res $ 1,800.000 $ - $ 135.000 3/29/2011 Psychiatric Access Central DE Solar - Comm $ 13,187.500 $ - $ 750.000 7/8/2011 Michael J. Kopp Geo - Res $ 2,300.000 $ - $ 172.500 10/17/2011 City of Dover ** Geo HP $ 48,267.000 $ - (**$$ still available for future apps.) Total $ 454,967.00 $ 14,550.38 $ 3,240.00 ARRA RELIEF GRANTS PAID 6/10/2011 Arturo Sanchez Solar - PV $ 7,500.00 10/19/2011 John Diamond Enterprise LLC Solar - PV - Com $ 30,000.00 10/19/2011 John Diamond Enterprise LLC Geo HP - Com $ 10,000.00 Total $ 47,500.00 PENDING APPLICATIONS Grant Date Reserved Applicant Type Reservation 1/27/2010 Pat's Pizzeria Solar - Comm $ 30,750.000 1/17/2011 Pat's Pizzeria Hot Water - Comm $ 10,750.000 7/11/2011 Ruth Ann Piper Geo - Res $ 1,290.000 7/15/2011 Robert Hall Geo - Res $ 3,225.000 9/1/2011 Elizabeth Murphey School Geo - Comm $ 14,550.000 Bradford Bldg 9/1/2011 Elizabeth Murphey School Geo - Comm $ 12,750.000 Florence Bldg 9/1/2011 Elizabeth Murphey School Geo - Comm $ 5,805.000 Elizabeth Bldg 12/21/2011 Elizabeth Murphey School Geo - Comm $ 1,935.000 Garage & Apt Shop 12/21/2011 Elizabeth Murphey School Geo - Comm $ 10,950.000 School 12/21/2011 Frank Daniels Geo - Res $ 4,730.000 $ 96,735.00 ENERGY DEPOT FEES 3/3/2008 Start-up Fees $5,872.50 4/15/2008 Start-up Fees $1,957.50

4/15/2008 Mar, Apr, May 2008 $1,692.13 7/22/2008 June, July, Aug 2008 $1,692.13 10/10/2008 Sept, Oct, Nov 2008 $1,692.13 1/2/2009 Dec 08, Jan, Feb 2009 $1,692.13 4/3/2008 Mar, Apr, May 2009 $1,692.13 7/1/2009 June, July, Aug 2009 $1,692.13 9/11/2009 Sept, Oct, Nov 2009 $1,692.13 1/4/2010 Dec 09, Jan, Feb 2010 $1,692.13 3/29/2010 Mar, April, May 2010 $1,692.13 6/30/2010 June, July, Aug 2010 $1,692.13 10/4/2010 Sept, Oct, Nov 2010 $1,692.13 1/3/2011 Dec 2010, Jan, Feb 2011 $1,692.13 4/5/2011 Mar, Apr, May 2011 $1,692.13 7/8/2011 June, July, Aug 2011 $1,692.13 10/4/2011 Sept, Oct, Nov, 2011 $1,692.13 1/3/2012 Dec 2011; Jan, Feb 2012 $1,692.13 Total Paid $34,904.08 ENERGY EFFICIENCY CAMPAIGNS/EDUCATION PROGRAMS 1,500 CFL Campaign & Educational 10/21/2008 Literature $5,012.29 12/11/2008 Reimbursement for Green $3,459.12 Thermal Imager for Home Audits 3/31/2009 Program $5,581.12 Eco @ Home Energy Conserv. 1/4/2011 Calendars $20,015.81 Total $34,068.34 Dover Library Commuity Grant Project Collections $5,021.15 1/2 of Oct 2009 GEF Payment $4,783.94 1/2 of Nov 2009 GEF Payment $4,813.23 1/2 of Dec 2009 GEF Payment $5,454.02 1/2 of Jan 2010 GEF Payment $5,147.49 1/2 of Feb 2010 GEF Payment $4,897.69 1/2 of March 2010 GEF Payment $3,976.14 1/2 of April 2010 GEF Payment $5,638.90 1/2 of May 2010 GEF Payment $5,645.35 1/2 of June 2010 GEF Payment $6,590.60 1/2 of July 2010 GEF Payment $7,786.09 1/2 of August 2010 GEF Payment $6,415.31 1/2 of Sept 2010 GEF Payment $5,327.96 1/2 of Oct 2010 GEF Payment $4,787.73 1/2 of Nov 2010 GEF Payment $4,939.75 1/2 of Dec 2010 GEF Payment $5,452.55 1/2 of Jan 2011 GEF Payment $5,410.35 1/2 of Feb 2011 GEF Payment $4,646.32 1/2 of March 2011 GEF Payment $4,742.22 1/2 of April 2011 GEF Payment $4,702.48 1/2 of May 2011 GEF Payment $5,664.97 1/2 of June 2011 GEF Payment $6,430.15 1/2 of July 2011 GEF Payment $6,916.50 1/2 of Aug 2011 GEF Payment $6,149.31 1/2 of Sept 2011 GEF Payment $5,243.92 1/2 of Oct 2011 GEF Payment $4,829.91 1/2 of Nov 2011 GEF Payment $4,531.81 1/2 of Dec 2011 GEF Payment $0.00 1/2 of Jan 2012 GEF Payment $0.00 1/2 of Feb 2012 GEF Payment $0.00 1/2 of March 2012 GEF Payment $0.00 1/2 of April 2012 GEF Payment $0.00 1/2 of May 2012 GEF Payment 1/2 of June 2012 GEF Payment 1/2 of July 2012 GEF Payment 1/2 of Aug 2012 GEF Payment 1/2 of Sept 2012 GEF Payment 1/2 of Oct 2012 GEF Payment 1/2 of Nov 2012 GEF Payment 1/2 of Dec 2012 GEF Payment $145,945.79 Total Collections Total Dover Lib. Draws to Date $48,267.00 10/17/2011 $97,678.79 Total Funds Available for Draw