Attachment

REGULAR COUNCIL MEETING AGENDA REVISED The agenda has been revised by adding Item #1-B and a new Item #7. November 14, 2011 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) The “Open Forum” segment is provided to extend the opportunity to the general public to share their questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda is prohibited and citizen comments are limited to three (3) minutes. Council is prohibited from taking action since they are not in official session; however, they may schedule such items as regular agenda items and act upon them in the future. INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANDERSON 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 A. Regular Council Meeting of October 24, 2011 B. Special Council Meeting of November 3, 2011 2. Certificate of Recognition - Challenger Football 3. Certificate of Congratulations - Dover Air Force Base - Winner of the AMC-Level Commander-in-Chief's Installation Excellence Award 4. Proclamations A. Geographic Information Systems (GIS) Day and Geographic Awareness Week B. National Diabetes Awareness Month C. Pancreatic Cancer Awareness Month * 5. Monthly Reports - September 2011 A. Chief of Police Report B. City Assessor’s Report C. City Manager’s Report D. City Planner’s Report E. Dover Fire Department Report

Council Agenda - November 14, 2011 Page 2 * 6. Appointments Recommended by Council President Leary - Dover Human Relations Commission A. Kim Warfield (To Fill Expired Term of Katrina Brumble - Term to Expire 2/2013) B. Faye White (To Fill Expired Term of Catherine M. Gregory - Term to Expire 2/2013) C. Aaron Yatskevich (To Fill Unexpired Term of Nauleen A. Perry - Term to Expire 2/2012) 7. Appointment of City Manager - Scott D. Koenig 8. Final Reading - Proposed Ordinance #2011-15 The First Reading of the following proposed ordinance was accomplished during the Council Meeting of September 26, 2011. Copies of the proposed ordinance are available at the entrance of the Council Chambers. A. Ordinance #2011-15 Amending Appendix A - Subdivisions, Article VII - Special Provisions 9. Council and Committee Meetings - Holiday Schedule 10. Council Members Announcements /tm S:\AGENDAS & MINUTES\Council-Agendas\2011\11-14-2011 Revised.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

REGULAR COUNCIL MEETING The Regular Council Meeting was held on October 24, 2011 at 7:30 p.m. with Council President Leary presiding. Council members present were Mr. Anderson, Dr. McGlumphy, Mr. Bonar, Mrs. Williams, Mr. Hare, and Mr. Hutchison. Mrs. Russell and Mr. Lynn were absent. Council staff members present were Maj. Bernat, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, First Assistant Chief Carey, Mr. Koenig, 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 Leary declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Hutchison moved for approval of the agenda as presented, seconded by Mr. Bonar and unanimously carried. Mr. Bonar moved for approval of the consent agenda as presented, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent). ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF SEPTEMBER 29, 2011 The Minutes of the Special Council Meeting of September 29, 2011 were unanimously approved by motion of Mr. Bonar, seconded by Mr. Hare and bore the written approval of Mayor Carey. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 10, 2011 The Minutes of the Regular Council Meeting of October 10, 2011 were unanimously approved by motion of Mr. Bonar, seconded by Mr. Hare and bore the written approval of Mayor Carey. EMERGENCY PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING ORDINANCE - 29 N. KIRKWOOD STREET (CATHERINE STEVENSON BOWEN, LTR (LIFETIME RIGHTS) AND OTHERS) In accordance with Article XI - Dangerous Buildings, Sec. 22-388 - Emergency cases, of the Dover Code, in cases where it reasonably appears that there is an immediate danger to the life or safety of any person, unless a dangerous building is immediately repaired, vacated and closed, or demolished, the building inspector shall report such facts to the council, which may cause the immediate repair, vacation, or demolition of such dangerous building.

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 2 Mrs. Ann Marie Townshend, Director of Planning and Community Enhancement, provided a chronological history and presentation (Exhibit #1) on the conditions of the property located at 29 North Kirkwood Street, owned by Catherine Stevenson Bowen, LTR (Lifetime Rights) and others. She advised members that the two (2) story, single-family, wood-framed dwelling has been the subject of various code violations since 2000, including cases of exterior and interior violations, tall grass and weeds, overgrowth, and vehicles on the grass. The house was registered by staff as a vacant building in June 2009 and was administratively condemned in February 2010. No vacant building fees have been paid by the property owner. The structure was the subject of an arson on September 21, 2011. Since this structure has been vacant, and as a result of the fire damage, she stated that the property cannot be fully secured; therefore, staff recommended that this be considered an emergency case and that the City proceed with demolition if such action has not been taken by the owner or equity owner within ten (10) days of Council action. Pictures of the property were provided to members depicting the property prior to and after the fire. Mrs. Townshend indicated that there are numerous outstanding payments due to the City that are related to this property such as delinquent taxes, code enforcement fines, grass cutting charges, vacant building registration, and water charges. Staff recommended that City Council: 1) declare this building dangerous on the property dangerous, and remove all overgrowth and junk and debris from the property; 2) order the property immediately repaired or demolished 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 by November 2, 2011; and 4) order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien, or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. Mrs. Townshend advised members that notice was sent to the property owner and lien holders by certified mail and that the return receipt cards were received signed on all three (3) mailings. Responding to Mr. Bonar, Mrs. Townshend stated that there has been no response from the property owner regarding this issue. Council President Leary declared the public hearing open. There being no one present wishing to speak, Council President Leary declared the public hearing closed. Mrs. Williams moved to declare the property located at 29 N. Kirkwood Street a dangerous building and subject to demolition, as recommended by staff. The motion was seconded by Mr. Bonar and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent). PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - OCTOBER 10, 2011 The Parks, Recreation, and Community Enhancement Committee met on October 10, 2011, with Mr. Hare presiding in the absence of Mrs. Russell.

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 3 Presentation - Foster Care Treatment Services Provided by Pressley Ridge Ms. Cha-Tanya Lankford, Pressley Ridge Program Director, provided a presentation, “An Introduction to Pressley Ridge,” and stated that her intent was to give members a brief overview of the background, purpose, and function of the organization, which provides treatment foster care (TFC) services. She explained that Pressley Ridge has two (2) foundational beliefs: 1) children matter, and 2) we can make a difference, and noted that every service provided by the organization is based on these beliefs. She provided historical information regarding the founding of the organization and explained that it has evolved throughout the years to meet the needs of children and families served. Mrs. Lankford explained that Pressley Ridge originally provided residential and educational services; however, programs today include residential treatment services, treatment foster care services, community-based services, education services, international programs and services, and the Pressley Ridge Institute, which is the organization’s research arm. Pressley Ridge’s principal purpose is to place children with trained foster care families in homes that provide stability and structure, with permanency and reunification as the primary goal for each child. She noted that many children that are referred to Pressley Ridge have had 12-14 placements before they come to the organization. Mrs. Lankford reviewed information regarding intermediate and long-term goals established and achieved by children served by the organization and their families. She stated that Pressley Ridge provides services in the Dover community, has foster homes in City neighborhoods, and has clients who are presently attending local schools. In response to Mr. Lewis, Ms. Lankford stated that Pressley Ridge does not have a local residential facility but places children in family settings that meet their needs. She explained that the caseload for staff members is between eight (8) and ten (10) children and that each child is treated by a treatment coordinator, supervisor, licensed social worker, therapist, psychiatrist, and trained foster parents. All foster parents receive 40 hours of initial training and 30 additional hours of training each year for dealing with children with behavioral problems. Responding to Mr. Lewis, Ms Lankford stated that Pressley Ridge is constantly recruiting foster care homes and has homes set aside and waiting for children. In response to Mrs. Horsey, Ms. Lankford noted that there are six (6) other foster care organizations in the State and that Pressley Ridge accepts referrals from these organizations. Ms. Lankford encouraged members to consult Pressley Ridge’s newly updated website for further information and to contact her if they have any additional questions. Neighborhood Stabilization Program (NSP) Partnership with Habitat for Humanity Mrs. Tracy Harvey, Community Development Manager, advised members that the Community Development Office was requesting to establish a Neighborhood Stabilization Program (NSP) Partnership with Central Delaware Habitat for Humanity (CDHFH). She explained that this request was due to the Dover Housing Authority (DHA) Board of Commissioners’ decision to decrease their participation in the NSP program as part of DHA’s plan to restore financial viability to their

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 4 organization. Mrs. Harvey felt that CDHFH would be an asset to the city’s NSP program due to their successful record in providing homeownership to the low-income population. She stated that CDHFH provides affordable homes with monthly mortgage payments that are lower than the rents typically charged for two (2) or three (3) bedroom apartments. Mrs. Havey indicated that, as part of the NSP, the DHA purchased four (4) properties and sold two (2). Of the remaining properties, one (1) is occupied under a lease-purchase arrangement, and the other, located on Hancock Avenue, has been renovated and is for sale. Once these properties are sold, DHA’s partnership with the City under the NSP will be dissolved. Mrs. Harvey noted that CDHFH has an excellent track record in providing homeownership in Dover, with 14 houses built within City limits, all of which are occupied. The organization recently purchased and renovated the property at 101 Jefferson Court and sold it to a low-income family that was previously living in a shelter. She noted that approximately $205,000 remains in the NSP line of credit, which would be used for CDHFH to purchase and renovate a property to sell to a qualifying family. Mrs. Harvey explained that the organization’s qualifying criteria and selection process for families is very structured, and they have provided permanent homeownership solutions to over 100 adults and children throughout Kent County since they have been in existence. She explained that CDHFH holds the mortgages for all houses that they renovate or construct. In response to Mr. Lewis, Mrs. Ann Marie Townshend, Director of Planning and Community Development, indicated that the City has partnered with CDHFH on a number of previous projects, including the renovation of 101 Jefferson Court under the Community Development Block Grant (CDBG) Program. Mr. Neaton, Economic Development Director, indicated that CDHFH worked with the City on the ABC = 123 Program, which involved performing minor renovations and clean-up in the Downtown Dover area. Mrs. Harvey indicated that CDHFH has an NSP relationship in Sussex County that has been very successful. Responding to Mr. Hare, Mrs. Harvey explained that the $205,000 that remains in the City’s NSP fund consists of the City’s allocation from the NSP as well as proceeds from homes already sold. The initial grant received from NSP was in the amount of $1.5M, and all but $205,000 has been expended. She stated that when the three (3) remaining homes are sold, the proceeds will go into the line of credit and will be used to purchase additional homes. Mrs. Townshend explained that when the City went forward with the NSP, it was determined that the City did not want to own/manage properties or hold mortgages in connection with the program. For this reason, the City partnered with other agencies to perform this function, and the City received grant funds and distributed them to these agencies, who purchase, maintain, repair, and sell properties. She indicated that, as houses sell, the City receives program income from these sales, which is returned to the fund. All funds generated by the sale of these properties will be dedicated to the NSP until 2013. After 2013, remaining funds will be allocated to Community Development Block Grant (CDBG) projects. Mrs. Townshend explained that the NSP was established as foreclosure rates began to rise in an effort to prevent foreclosures from becoming a blight on the community and to turn them into affordable homeownership opportunities.

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 5 In response to Mr. Hare, Mrs. Harvey confirmed that all housing projects undertaken as a result of the partnership with CDHFH would be within the City of Dover. The committee recommended that Council approve the Neighborhood Stabilization Program (NSP) partnership between the City and the Central Delaware Habitat for Humanity. By consent agenda, Mr. Bonar moved for approval of the committee’s recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent). Proposed Ordinance #2011-25 - Amendment to Appendix B - Zoning, Article 3 - District Regulations, Section 17 - Shopping Center Development [(SC-1, SC-2 and SC-3)], Subsection 17.3 - Permitted Uses (Relating to Neighborhood Shopping Center Zone) Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed Proposed Ordinance #2011-25, which would amend the SC-1 (Neighborhood Shopping Center) zone to permit retail and service establishments and specify that gas pumps would be permitted in this zone as an accessory use subject to conditional use approval. The proposed ordinance would prohibit wholesaling; warehousing; storage; and motor vehicle service, sales, and/or fueling stations in this zoning classification. Mrs. Townshend stated that, in order to determine the impact of this change, staff reviewed the properties within the City that are currently zoned SC-1, which include the former Playtex Plant at the northwest corner of Route 8 and Route 13, the Hamlet Shopping Center at the corner of Walker and Saulsbury Roads, the Dover Downs Shopping Center (location of Best Buy), and Route 8 Plaza (location of Talbots). She indicated that this type of use was not deemed to be out of character for these properties. In response to Mr. Hare, Mrs. Townshend explained that the need for the proposed ordinance became apparent when an initial land use plan was being considered for the property at the location of the former Playtex Plant at the corner of Route 8 and Route 13, noting that the plan involved consideration of gas pumps as an accessory use at that location. Because this was not a permitted use under the current zoning, staff concluded that it was more appropriate to amend the zoning text to add this as an accessory use than to approach it through the rezoning process, since it was determined that this type of use was not incongruous with the areas surrounding all City properties with this zoning designation. Mrs. Townshend explained that, before development, a site plan would be reviewed by the Planning Commission and a conditional use application for the gas pumps would be required. Conditions could be attached to such an application, including buffering or other protections. She noted that notifications would be sent to property owners within 200 feet and physical posting on the property would also be required. Mrs. Horsey stated that she agreed with the inclusion of the terms “accessory use” and “conditional use,” which she stated added two (2) protections in the ordinance. She felt that the amendment appeared to be a correction to the Code and it was logical to implement the change by ordinance rather than rezoning the individual properties affected to “get around” the existing ordinance.

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 6 Responding to Mr. Hare, Mrs. Townshend stated that the Playtex property was formerly zoned Industrial Park Manufacturing; however, its current designation is Neighborhood Shopping Center. She noted that the property was rezoned in 2009 as result of the City’s comprehensive rezoning. She recalled that the current designation was the result of a specific request from a realtor who was working with Playtex to market the property at the time. Mr. Lewis expressed concerns regarding the “carbon footprint” left by designating such an accessory use and the potential need to clean up the property if the type of use were to change in the future. In response to Mr. Hare concerning notification of the residents of Bayard Avenue, Mrs. Townshend reiterated that all property owners within 200 feet of the property would be notified and notice of the proposed change would also be posted on the property. Staff recommended that members recommend adoption of Proposed Ordinance #2011-25. The Committee recommended adoption of Proposed Ordinance #2011-25 amending Appendix B - Zoning, Article 3 - District Regulations, Section 17 - Shopping Center Development [(SC-1, SC-2, and SC-3)], Subsection 17.3 - Permitted Uses (Relating to Neighborhood Shopping Center Zone), as recommended by staff. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent). (The First Reading of Proposed Ordinance #2011-25 will take place during the latter part of the meeting.) Proposed Ordinance #2011-26 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones and Section 7 - Supplementary Regulations Applying to All Non-Residential Zones (Relating to Corner Lots) Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed Proposed Ordinance #2011-26. She advised members that, based on the definition of a “front yard” in the Zoning Ordinance, corner lots have two (2) front yards, one (1) along each street frontage. The Zoning Ordinance limits the height of a fence in a front yard to four (4) feet. This means that property owners of corner lots are restricted in their ability to install a privacy fence to fence in what many residents would consider a back yard. Mrs. Townshend stated that the proposed ordinance would clarify that corner lots have two (2) front yards; permit such lots in residential zones to have a fence of up to 6½ feet in height in the front yard that is along the side of the principal structure; permit such lots in non-residential zones to have a fence of up to eight (8) feet in height in the front yard that is along the side of the principal structure; and designate which yard on corner lots shall function as the side and rear yards. Additionally, the proposed ordinance would clarify that residential lots with dual frontages would be permitted to have fences of up to 6½ feet in height situated in the yard to the rear of the principal structure and non-residential lots with dual frontages would be permitted to have fences of up to eight (8) feet in height situated in the yard to the rear of the principal structure.

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 7 Mrs. Townshend reviewed a series of diagrams depicting the provisions of the proposed ordinance as they would apply to the designation of front yards and rear yards and fence height restrictions for dual frontage residential and non-residential lots. She noted that the intent of the proposed Code amendment was to correct language in the zoning ordinance that frequently leaves the City at odds with residents who apply for permits for privacy fencing. In response to Mr. Hare, Mrs. Townshend stated that, currently, property addresses are determined by the street on which the principal structure fronts; however, there is a “legacy” of side yards being used for that purpose and residents are resistant to changing these addresses. Staff recommended that members recommend adoption of Proposed Ordinance #2011-26. The Committee recommended approval of Ordinance #2011-26 - amending Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones and Section 7 - Supplementary Regulations Applying to All Non-Residential Zones (Relating to Corner Lots). By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent). (The First Reading of Proposed Ordinance #2011-26 will take place during the latter part of the meeting.) Benchmarks Established for the Economic Development Office Mr. Bill Neaton, Economic Development Director, reviewed a semi-annual update regarding the progress of the Economic Development Office (EDO) toward meeting its established benchmarks. He advised members that the EDO has two primary objectives: 1) to support the efforts of the Downtown Dover Partnership (DDP) (Mr. Neaton serves as the Executive Director of the DDP) and promote downtown business growth; and 2) to promote City-wide economic development. Mr. Neaton reviewed the FY 2010-2011 Strategic Accomplishments of the EDO, as follows: Downtown Dover Partnership and Downtown Dover Business Growth In regard to the DDP and Downtown Business Growth, Mr. Neaton noted that the DDP participated in 19 events in Downtown Dover during FY 2010-2011. A new chairperson of the Organization Committee was elected and fundraising letters were distributed. The goal of completing a merchant satisfaction survey in the downtown area was accomplished with nearly 100% participation and an above average rating was achieved. In reviewing the goals relating to downtown business growth, Mr. Neaton noted that the DDP recently established a $50,000 loan fund to assist downtown businesses in purchasing inventory, remodeling, etc. He indicated that a committee of bankers has been established to review applications for this program and make recommendations to the DDP. Mr. Neaton anticipated that the awarding of these loans would assist area businesses to stay in operation and prosper. He indicated that the goal of working with potential property owners to fill vacant commercial buildings

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 8 on Loockerman Street was an ongoing process, as many of these properties are not in conformance with Code. Mr. Neaton stated that the EDO is working with owners to improve properties as part of the aforementioned loan program. In regard to Fiscal Year 2010-2011 strategic accomplishments related to the DDP, Mr. Neaton explained that one of the initiatives of the DDP was to develop a recruitment strategy to attract new businesses to the downtown area. He noted that a Recruitment Subcommittee, chaired by Mr. Anthony DePrima, former City Manager, has been established for this purpose and Mr. DePrima has developed a group of realtors and developers to collaborate on this effort and has put a work plan in place. In regard to the property at 22-24 W. Loockerman Street (“the C. Moore building”), Mr. Neaton stated that the DDP is currently in the process of accepting bids for the renovation of this property and conducting meetings with bidders and Becker Morgan Group to develop cost-saving strategies for retrofitting the building. A Request for Proposals (RFP) has been issued for legal, architecture and engineering (A&E), and landscaping aspects of the project and the DDP approved Becker Morgan Group as the landscape and A&E firm and Street & Ellis as the law firm. Mr. Neaton noted that preliminary plans for the project would be submitted to the City on October 14, 2011. City-Wide Economic Development Mr. Neaton noted that the City’s unemployment rate has remained at or below the State’s unemployment rate and has decreased over the past year. He stated that the EDO continues to follow up with 12 small businesses and ten (10) out-of-town companies that were contacted to encourage locating in the City. In regard to Fiscal Year 2010-2011 Strategic Accomplishments Related to City-Wide Economic Development, Mr. Neaton advised members that completion of a site development master plan for the Garrison Tract and development of an overall marketing plan for the site were major tasks performed by the EDO and that Calpine Corporation has a current lease on Lot #7 at the site. He explained that the original tenant, Macquarie Energy, sold their interest to Calpine, and Calpine is currently awaiting an impact study from Pennsylvania, Jersey, Maryland Interconnection (PJM) before proceeding. He noted that the State of Delaware set aside $3M for infrastructure improvements at the Garrison Tract, and these improvements are also pending receipt of the impact study. Mr. Neaton stated that he spoke with Secretary Alan Levin, Delaware Economic Development Office, who indicated that there was no requirement for matching funds to be committed for this project, although Mr. Neaton indicated that Calpine has committed to matching funds to assist with infrastructure improvements. Mr. Neaton stated that he met with Secretary Collin O’Mara, Department of Natural Resources and Environmental Control, and Secretary Levin regarding the promotion of the Garrison Tract to renewable energy manufacturers outside the State. Mr. Neaton stated that, approximately one (1) week ago, Delaware State University was awarded a $500,000 grant to enhance economic development strategies in central Delaware and that Dr. Michael Casson, Assistant Professor of Economics, plans to work in partnership with the City’s EDO to use these funds to promote development in Dover. Mr. Neaton planned to attend a follow-up meeting with Dr. Casson and Dr. Harry Williams, President, Delaware State University, to determine how to proceed. Mr. Neaton noted that he works with the presidents of all higher educational institutions in the City on a regular basis.

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 9 In response to Mr. Lewis, Mr. Neaton stated that two (2) businesses closed in the Downtown Dover area last year. He stated that a new tenant would soon occupy the former Hunter House restaurant and that a restaurant specializing in salads will be opened at the location of the former downtown shoe store. Responding to Mr. Lewis, Mr. Neaton stated that the projection of less than 10% unemployment in 2011-12 was based on the struggling national economy and a desire to set a realistic goal for the City. At the request of Mr. Hare, Mr. Neaton stated that a list of all vacant commercial buildings in the City could be developed. He noted that information is currently maintained for all vacant buildings over 20,000 S.F. and vacant buildings in the Rt. 13 corridor. He also agreed to develop a list of businesses that have been contacted to encourage locating in Dover, including the types of businesses and their responses. The Committee recommended acceptance of the Economic Development Office (EDO) report. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent). UPDATES Planning and Funding for the New Library Mr. Zachary Carter, Director of Parks and Recreation, advised members that a “Topping Off of the Steel” Ceremony has been scheduled for October 20, 2011 at 5:00 p.m. Library donors will be invited to sign a steel beam located inside the building. He stated that M & T Bank will sponsor this event and provide refreshments. Mr. Carter noted that, on October 19, 2011 at 5:00 p.m., the Fordham Brewing Company will hold a Fall Festival in conjunction with the release of a new product and a portion of the funds received will be donated to the Dover Library Foundation. Tickets for this event are currently on sale at the Dover Library, the Fordham Brewing Company, and the Dover Newsstand at a cost of $10 for adults and $5 for children. Mr. Carter stated that a grant has been prepared for submission to ING Direct, who provided funding for the new library during the previous year and subsequently encouraged the City to reapply. Artisans’ Bank also suggested that a grant request be submitted for the project. Mr. Carter stated that a new committee, the “Next Generation Committee” has been formed as part of the library’s Capital Campaign Committee. The Next Generation Committee has set a goal of raising $100,000 for the privilege of naming the storytime room in the new library facility. Mr. Carter noted that an official ribbon cutting will be held for the new Job Center at the existing Dover Public Library on October 14, 2011 at 12:00 noon. Governor Jack Markell and Senator Chris Coons were planning to attend and a tour of the new library construction site will be offered to a limited number of attendees.

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 10 Mr. Carter stated that construction of the new library was proceeding; the concrete for the first, second, and third floors had been poured; and more than 90% of the structural steel was in place. Within the next two (2) weeks, brickwork will begin and, within the next month, drilling will begin for geothermal wells. CDBG Program Mrs. Tracey Harvey, Community Development Manager, stated that the funding approval agreement for the release of FY 2011 Community Development Block Grant (CDBG) funds was approved by the Mayor on July 21, 2011. All sub-recipient contracts were signed by mid-August and all projects were underway. In response to Mr. Hare, Mrs. Harvey explained that the City serves as a “pass-through” for the majority of program funds, but the Street Repair Project and Housing Rehabilitation Programs were City projects. The Committee recommended acceptance of the report. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent). Housing and Recovery Act of 2008 funds (Neighborhood Stabilization Fund) This information was provided during the discussion of Agenda Item #2, Neighborhood Stabilization Program (NSP) Partnership with Habitat for Humanity. By consent agenda, Mr. Bonar moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent). UTILITY COMMITTEE REPORT - OCTOBER 10, 2011 The Utility Committee met on October 10, 2011 with Chairman Bonar presiding. Proposed Ordinance #2011-27 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, (New) Section 21 - Public Utility Infrastructure (Regarding Exemption of Public Utilities Infrastructure from Zoning Bulk Standards) Mrs. Dawn Melson-Williams, Principal Planner, reviewed Proposed Ordinance #2011-27. She explained that public utility infrastructure, such as sewer pump stations, water towers, wells, and electric transformers, is vital to support the residences and businesses throughout the City of Dover. Mrs. Melson-Williams advised members that, currently, the Zoning Ordinance does not consistently address public utilities infrastructure as a permitted use throughout the different zoning districts in the City. She stated that it is briefly referenced in regard to the production of electricity in the Industrial Park Manufacturing Zone - Technology Center (IPM2) and that there are some references to public utility right-of-ways and structures in one of the residential zoning district sections.

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 11 Additionally, Mrs. Melson-Williams stated that staff has found that there are potential conflicts with the various bulk standards within the Zoning Ordinance, such as requirements for setbacks from property lines, heights for structures being constructed, and the process for reviewing projects affected by these standards. She explained that the bulk standards specified in the Zoning Ordinance are typically based on the uses and building structures in the various zoning districts. For example, while a specific residential zone may have a maximum building height of 35 feet for structures, it is unrealistic to apply this height standard to a water tower that might be necessary to support the surrounding residential area. Additionally, while a fence within a front yard (an area of a property closest to a street) may be limited to four (4) feet in height, such a fence surrounding an electric substation may need to be taller to properly protect the equipment. Mrs. Melson-Williams explained that, in order to address these numerous issues throughout the code, staff has proposed an addition to Article V, the supplementary regulations of the code, in the form of a new Section 21. She stated that the proposed ordinance sets forth that public utility infrastructure would be permitted in all zones throughout the city and includes provisions for addressing the bulk standards of note, specifically, setback (the distance of the structure from a property line); the maximum height for fencing erected for a public utility infrastructure item; and the type of review process necessary for site development plan approval. Mrs. Melson-Williams explained that, depending on the type of project, a site development plan could involve just an administrative site plan by planning staff and affected agencies or may require consideration by the Planning Commission. Mrs. Melson-Williams also noted that the proposed ordinance also includes exceptions. Staff recommended that members recommend adoption of Proposed Ordinance #2011-27. Responding to Mr. Blakeman, Mrs. Sharon Duca, Water/Wastewater Manager, confirmed that she and Mr. Ron Lunt, Public Utilities Director, reviewed Proposed Ordinance #2011-27 on behalf of the Electric Department. In response to Mr. Bonar, Mrs. Duca stated that she was satisfied with the proposed ordinance. The Committee recommended approval of Proposed Ordinance #2011-27, amending Appendix B - Zoning, Article 5 - Supplementary Regulations, by inserting a new Section 21 - Public Utility Infrastructure (Regarding Exemption of Public Utilities Infrastructure from Zoning Bulk Standards), as recommended by staff. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent). Review of Utility Related Capital Investment Plan (CIP) (Electric and Water/Wastewater) Members were provided a Project Tracking Report, as of August 31, 2011, for the Utility Related (Electric and Water/Wastewater) Capital Investment Plan (CIP).

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 12 Referring to the Capital Improvement Projects on Page 4 of the report, Mr. Scott Koenig, Interim City Manager, informed members that, if adopted by City Council, Proposed Ordinance #2011-27 may have an impact on the 1.0 MG Elevated Water Storage Tank. He stated that staff was currently looking for a site for the tower and then would come forward with proper zoning and land use applications for the siting of the tower and eventual construction. In regard to the US 13 East Sanitary Sewer Interceptor Project, Mr. Koenig explained that this very large interceptor project covers the US 13 corridor and provides sanitary sewage to the entire northern end of Dover, from Dover Downs north. He stated that this project was operational and staff was working to complete the administrative paperwork, which is typically not completed until months after a project is finished. He reminded members that a request for the disposal of excess property, directly related to this project, was scheduled for consideration by the Legislative, Finance, and Administration Committee later in the evening. Referring to the Bayard Avenue Project, Mr. Koenig reported that, earlier in the day, crews were beginning to hot mix the trench section of the north side of Loockerman Street and clean up that area in preparation for winter. He stated that, next year, it was likely that the street program would redo the curbs and Americans with Disabilities (ADA) ramps and then repave the area; however, at this time, the roads must be closed up for the winter. In regard to the south side of Bayard Avenue, Mr. Koenig informed members that crews have been continuing the construction in the tower area on United Way, and it was hoped that this would be completed in the next month or two (2). Mr. Koenig explained that the Route 13 Water Main Project has been a very detailed project in which the middle of the southbound lanes of US 13 were dug up in order to replace the “water backbone” of US 13 and the business community in that area. He explained that this was a major project which would have a long-term effect on the water pressure and supply in that part of the City. He informed members that, after completion of the project, the State of Delaware will repave all of US 13 in that area. It was his hope that the City will then have a very solid pavement section and upgraded water system. In response to Mr. Bonar’s question, (in reference to a constituent concern) regarding whether the Route 13 Water Main Project would address problems with runoff in the East Lake Gardens area, Mr. Koenig stated that he met with one (1) constituent in East Lake Gardens and discussed the possibility of installing sump basins that do not have exit pipes but would allow water to drain below the top layer of soil. He explained that there was not a great deal of pipe in the area to connect to, and a major storm sewer upgrade in that area would probably cost between $1M and $3M. He stated that the lack of curbs or gutters in East Lake Gardens would make it difficult to install a storm drain system and direct water to catch basins. Mr. Koenig informed members that the City has had success in other parts of East Lake Gardens with the installation of a bottomless manhole or bottomless catch basin, which allows the water to seep in over a 24 to 48 hour time period and prevents damage to the road. He felt that this was a relatively effective and low-cost project. Responding to Mr. Bonar, Mr. Koenig stated his belief that they had spoken to the same constituent, and that this individual was in favor of the proposed solution.

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 13 Mr. Koenig stated that the Inflow/Infiltration (I&I) Removal Project was moving forward. He reminded members that the City would not realize immediate savings but would save money over the long term from this project, which would benefit all residents by refurbishing and extending the life of the pipes. He stated that controlling the cost of the I&I is a systemic issue for Dover and will need to be addressed over the next 5-15 years. In regard to the pump station projects, Mr. Koenig informed members that these efforts are moving forward and that bids have been awarded for several of these projects. Referring to the Tar Ditch Interceptor Project, Mr. Koenig stated that staff has met with residents regarding this project, and these residents have expressed concerns with the proposed location of the pipe. He explained that there would be an impact on the residents because the pipe must be replaced in the existing location due to insufficient latitude to move north or south. This will require maintenance and repairs on a pipe that has been in the ground for approximately 50-60 years, during which time trees have grown around the area and properties have grown toward the pipe. Although staff plans to continue to work with these residents, Mr. Koenig explained that they may voice their concerns to members of the Committee and Council. In response to Mr. Hare regarding Bayard Avenue, Mr. Koenig explained that blacktopping began in this area earlier in the day and stated his belief that the crews boxed out a portion of Bayard Avenue to Division Street and a portion of Greenhill Road. It was his hope that by week’s end the crews would have a majority of the hot mixing finished in the trench area. Mr. Koenig stated that the projects discussed thus far are backlogged projects and that current year projects, including the Wellhead Redevelopment Programs and the design of various water quality improvements and sewer system improvements, are underway. He explained that the City has a large backlog of projects associated with project financing; however, spending on those projects has accelerated and the projects have begun to move through the system very quickly. Mr. Koenig stated that, as staff moves forward with the redevelopment of the sanitary infrastructure, constituents will see the results of the funds used for capital improvements. Additionally, some reduction in I&I will be noticed as a result of the I&I projects, and water quality will begin to improve as a result of the water quality projects. It was his opinion that staff has done a good job in trying to catch up on the backlogged projects. In reference to Page 5, Mr. Koenig stated that the Electric Department has been working diligently to bring contracts before Council related to equipment replacement. He explained that there are typically long lead times for these items; therefore, the items that being installed may not necessarily be items that were recently approved. He expressed the importance of continuing to make investments in these projects because they are critical to the reliability of the system. By consent agenda, Mr. Bonar moved for acceptance of the Utility Committee Report, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent).

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 14 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - OCTOBER 10, 2011 The Legislative, Finance, and Administration Committee met on October 10, 2011 with Chairman McGlumphy presiding. Review of Cell Phone Use (Deferred by Committee on 9/29/2011 Due to Time Constraints) Members were provided the City’s Procedure #F320 - City or Employee Owned Cellular Phone Assignment and Usage. Mrs. Donna Mitchell, Controller/Treasurer, reminded members that during the process of reviewing cost-saving ideas, the Committee had requested the opportunity to review this procedure for possible savings. In response to Dr. McGlumphy, Mr. Scott Koenig, Interim City Manager, indicated that approximately 90% of the City’s vehicles have “in vehicle” radio transmission; however, he explained that some conversations are not appropriate for transmission over the radio system. In addition, he noted that the use of cell phones provides convenience in some circumstances, such as when contractors need to contact inspectors directly. Noting that there were different forms of communication available, Dr. McGlumphy questioned if there was duplication of services and if it would be possible to eliminate radios in some instances. Mr. Koenig stated that, although services appear to be duplicated, the “in vehicle” radio systems are important in emergency situations. He noted that, during the recent earthquake, cell phone service was lost; however, the radios worked. It was his opinion that radios play a vital role in providing services. Mr. Koenig reminded members that the purpose of utilizing cell phones was to improve the efficiency of the workforce, which has been accomplished; however, they do not take the place of the service provided by the “in vehicle” radios. Responding to Mr. Hare, Mr. Koenig indicated that, in reviewing the list of cell phones utilized in the Planning Department, some of the usage reflected was for air card services for in-car computer systems (listed as either air card or broadband). He noted that three (3) inspectors have cell phones. Mr. Koenig explained that all of the equipment is used to promote operational efficiency. At the request of Mr. Bonar, Mr. Koenig assured members that staff will confirm that the City is utilizing the State’s contract for cell phone services provided by Verizon. Mr. Bonar suggested that staff consider negotiating with Verizon for improved rates. Mr. Hare requested that department heads be required to resubmit justifications for the need for employees’ use of cell phones for the Committee’s review. Dr. McGlumphy suggested that staff review the usage and plans for cell phones to determine any possible savings. Review of Take-Home Vehicle Use (Deferred by Committee on 9/29/2011 Due to Time Constraints) Members were provided the City’s Procedure #F-362 - Municipal Vehicle Use. Mrs. Donna Mitchell, Controller/Treasurer, reminded members that, during the review of cost-saving ideas, the Committee had requested the opportunity to review this procedure for possible savings.

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 15 Mr. Hare suggested that department heads be required to resubmit justification for take-home vehicles for the Committee’s review. Referring to “non-emergency” use of vehicles for supervisors, he suggested that supervisors utilize their own vehicles and, if called in, they could then use a City vehicle to go to a particular job site. Dr. McGlumphy suggested that staff review the usage of take-home vehicles to determine any possible savings. Mr. Scott Koenig, Interim City Manager, reminded members that the original intent of the procedure was to provide operational efficiency and prevent “excuses” for non-responses. Disposal of Excess Property - US 13 Sewer Main Extension - Schwartz Pumping Station Mr. Scott Koenig, Interim City Manager, advised members that, as a part of the planned design and construction of the Route 13 Sanitary Sewer Interceptor Project, the City of Dover entered into a public utility easement agreement with the C.F. Schwartz Motor Co., Inc. Currently, the City owns a small parcel of land at 1536 North DuPont Highway (Tax Parcel #ED05-57.00-01-07.00). He noted that this is the location of the former Schwartz Sanitary Sewer Pumping Station. The construction of the Route 13 Interceptor Project has allowed the City to abandon and remove the old pumping station. As a result of the abandonment, the City does not need to retain ownership of this small parcel of land. The land is surrounded on three (3) sides by land owned by the C.F. Schwartz Motor Co., Inc., and the fourth side abuts the right-of-way of U.S. 13. The signed easement agreement anticipated the abandonment of the pump station as well as the transfer of this parcel back to the C.F. Schwartz Motor Co., Inc. Based upon the above facts, Mr. Koenig stated that the City Manager’s Office determined that this parcel of land is excess in nature and the disposal of such land would be beneficial to the City. Staff recommended that the City Manager be authorized to sell the property located at 1536 North DuPont Highway to the C.F. Schwartz Motor Co., Inc., for $1.00 under Exception C of the Land Disposal Policy. The Committee recommended that the City Manager be authorized to sell the property located at 1536 North DuPont Highway to the C.F. Schwartz Motor Co., Inc., for $1.00 under Exception C of the Land Disposal Policy. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent). Mr. Bonar questioned the value of the property. Responding, Mr. Koenig stated that the property is approximately 25' x 25', the size of a parking space. He estimated the man hour costs involved in disposing of the property at approximately $500. Mr. Bonar suggested the possibility of handling such disposals administratively, with the concurrence of the Council President, for properties with little to no value.

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 16 Review, Consolidation and/or Elimination of City Committees, Commissions, and Boards - Historic District Commission With increasing staff vacancies, and in consideration of current hiring limitations, Council President Leary requested members of Council and City Staff to explore possible inefficiencies within City of Dover committees, commissions, and boards. Some boards appear to serve like purposes and others have become obsolete; therefore, the Committee will consider whether any groups can be consolidated or eliminated. Several recommendations have been received and will be considered by the Committee in the following weeks and months. Members were provided details regarding the Historic District Commission (HDC) for their review and consideration. Mrs. Ann Marie Townshend, Director of Planning and Community Development, explained the history and role of the Historic District and the HDC. She noted that members received a more detailed history and summary of the HDC’s role, including application volume, code references, current membership, and a map of the Historic District Zone. She advised members that, if there was a desire to eliminate the HDC, several amendments to the City of Dover Code of Ordinances would be required. Staff recommended that, if this were the decision of City Council, an amendment be made to the Dover Code, Chapter 82 - Planning Commission, to ensure that the Planning Commission would include members with the background necessary to ensure that the City’s valuable historic resources are protected. Dr. McGlumphy requested that staff provide members with a list of all committees, commissions, boards, etc., the number of members in each, their compensation, cost factors, etc. He also suggested that staff review each of these groups for possible improvements to efficiency. Mr. Anderson questioned why Forrest and Loockerman Streets, beyond Governors Avenue, are included in the Historic District. Responding, Mrs. Townshend stated that, in 1997, this area was added, since the Victorian Dover Historic District is on the National Register of Historical Places. She explained that there are three (3) National Register Districts in the City that are beyond what the City has defined as the Historic District Zone. Elaborating, Mrs. Dawn Melson-Williams, Principal Planner, explained that the City of Dover Historic District is designated by the local governmental body. The Zoning Ordinance outlines the criteria for establishing this boundary, taking into consideration such items as architecture, association of key events or individuals in history, etc. She indicated that the National Register of Historic Places is a Federal designation and that the nomination process for this classification is very different. Mrs. Melson-Williams noted that the City of Dover has several National Register listed Historic Districts and that these boundaries do not match the City’s local Historic District, although some places may overlap. The City’s HDC has jurisdiction only over the local Historic District area. Mrs. Melson-Williams stated that National Register Districts typically focus on a specific period of time (e.g., the Victorian Dover Historic District encompasses buildings constructed from the mid-1800s to the early 1900s). She indicated that, in the case of Loockerman Street, the railroad played a key role in the local economy during that time frame, as it was the means by which people came to the City to conduct business, and residents in the area made use of the railroad connection

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 17 for both personal travel and to transport agricultural products. Mrs. Melson-Williams explained that each National Register Historic District has a “theme,” for example, The Green is focused on Colonial development, government buildings, and historic residential properties. In response to Mr. Anderson, Mrs. Melson-Williams stated that the process for changing the boundaries of the Historic District is specified in the Dover Code and is similar to the procedure for submission of a rezoning request. The process involves review by the HDC, Planning Commission, and City Council. Responding to Mr. Bonar, Mrs. Melson-Williams indicated that if it was Council’s desire to have the City’s Historic District match the National Register Districts, an expansion of the City’s Historic District would be necessary. She also noted that there are individual properties throughout the City that are listed on the National Register, such as the farm house at Eden Hill. These properties could become a local district, which would allow the City to have jurisdiction and authority to review them. Public Comment Period Mr. Charles Salkin, 15 Maple Lane, stated that he serves as a member of the City’s HDC. In addition to participating in the development process, he stated that the purpose of the Dover HDC is to preserve and protect the character of the community and to consider historical and architectural integrity, architectural heritage, economic development, tourism, and the quality of life for Dover residents. Having served as a member for four (4) years, Mr. Salkin stated that there have been times when the architectural heritage of the community was under siege. He noted that some proposals that were submitted by developers would have destroyed the architectural integrity of buildings, and historic buildings have been demolished by neglect. As a result, he felt that Dover is losing its historic fabric. Mr. Salkin stated that the Commission has been very creative in attempting to promote historic preservation, while at the same time accommodating and willing to develop compromises. He stated that since there are owners and developers of properties in Dover who have no concern for the historic and architectural values of buildings, the City government should have such responsibility, and that the Dover HDC serves in this capacity by conducting a first review. Mr. Salkin stated that there are several challenges in this regard and suggested the need for an expansion of the Dover HDC, noting that there are properties that provide historical value and an architectural heritage in the community that go beyond the Colonial and Victorian periods. He explained that as housing and commercial properties become older, their historical value becomes increasingly threatened; therefore, the Dover Historic District Commission will become more important to the City. By consent agenda, Mr. Bonar moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent).

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 18 QUARTERLY REVENUE REPORT Mrs. Donna Mitchell, Controller/Treasurer, reviewed the Revenue Report as of September 30, 2011. Referring to the transfer tax, she noted that there were some large value transfers, which resulted in a higher percentage for the first quarter year. She advised members that the number of transfers during this time period was at a historic low compared to previous years. Dr. McGlumphy moved for acceptance of the Quarterly Revenue Report as of September 30, 2011, seconded by Mr. Bonar and unanimously carried. Semi-Annual Inspection by City Manager - Robbins Hose Company In accordance with Section 46-43 of the City Code, Mr. Scott Koenig, Interim City Manager, met with the Fire Chief to discuss fire company issues. He discovered that the equipment and facilities are being maintained in excellent condition and that the Robbins Hose Company continues to provide an outstanding level of service to the City of Dover. By consent agenda, Mr. Bonar moved for acceptance of the report of the Semi-Annual Robbins Hose Company Inspection, as submitted by the Interim City Manager, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent). APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION - NOVEMBER 21, 2011 The Robbins Hose Company election is scheduled for November 21, 2011. The following persons have been recommended to serve as judges for the election: 1. James Hurley 2. Kline Kemp 3. James Howlett (alternate) By consent agenda, Mr. Bonar moved for approval of the appointment of judges for the Robbins Hose Company election, seconded by Mr. Hare and carried by a unanimous roll call vote (Mrs. Russell and Mr. Lynn absent). FIRST READING - PROPOSED ORDINANCES Council President Leary reminded the public that copies of the proposed ordinances were available at the entrance of Council Chambers or could be obtained from the City Clerk's Office. Since the ordinances are amendments to the Zoning Code, a public hearing is required. Staff recommended referral of the amendments to the Planning Commission on November 21, 2011; and that a public hearing take place during the Council Meeting of December 12, 2011, at 7:30 p.m., at which time, final action by Council will take place. Mr. Bonar moved to refer the amendments and set a public hearing before City Council for December 12, 2011 at 7:30 p.m., as recommended by staff. The motion was seconded by Mr. Hutchison and unanimously carried.

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 19 In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows: > ORDINANCE #2011-25 - AMENDMENT TO APPENDIX B - ZONING, ARTICLE 3 - DISTRICT REGULATIONS, SECTION 17 - SHOPPING CENTER DEVELOPMENT [(SC-1, SC-2 AND SC-3)], SUBSECTION 17.3 - PERMITTED USES (RELATING TO NEIGHBORHOOD SHOPPING CENTER ZONE) (Parks, Recreation, and Community Enhancement Committee) > ORDINANCE #2011-26 - AMENDMENT TO APPENDIX B - ZONING, ARTICLE 5 - S UPPLEMENTARY R EGULATIONS, S ECTION 1 - SUPPLEMENTARY REGULATIONS APPLYING TO RESIDENCE ZONES AND SECTION 7 - SUPPLEMENTARY REGULATIONS APPLYING TO ALL NON-RESIDENTIAL ZONES (RELATING TO CORNER LOTS) (Parks, Recreation, and Community Enhancement Committee) > ORDINANCE #2011-27 - AMENDMENT TO APPENDIX B - ZONING, ARTICLE 5 - SUPPLEMENTARY REGULATIONS, (NEW) SECTION 21 - PUBLIC UTILITY INFRASTRUCTURE (REGARDING EXEMPTION OF PUBLIC UTILITIES INFRASTRUCTURE FROM ZONING BULK STANDARDS (Utility Committee) COUNCIL MEMBERS ANNOUNCEMENTS Council President Leary wished Mayor Carey and Dr. McGlumphy a happy birthday. Mayor Carey reminded everyone that Halloween Trick-or-Treat will be held on Monday, October 31, 2011 from 6:00 p.m. to 8:00 p.m. Mr. Bonar noted that daylight savings will end in a few weeks (clocks to be set one (1) hour back on November 6, 2011) and suggested that everyone take the opportunity to check the batteries in their smoke alarms, noting that the Fire Department would provide batteries. Mr. Anderson stated that if there was anyone wishing to dispose of a computer that is still in working condition, he was aware of an afterschool program that could make use of it. Mr. Bonar moved for adjournment, seconded by Dr. McGlumphy and unanimously carried. Meeting Adjourned at 7:44 P.M. TRACI A. McDOWELL CITY CLERK

CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 20 All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 24, 2011, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg S:\AGENDAS & MINUTES\Council-Minutes\2011\10-24-2011.wpd Exhibit Attached to Original Minutes and File Copy Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 29 N. Kirkwood Street

SPECIAL COUNCIL MEETING A Special Council Meeting was held on November 3, 2011 at 5:30 p.m. with Council President Leary presiding. Members present were Mr. Anderson (arrived at 5:40 p.m. and departed at 6:45 p.m), Dr. McGlumphy, Mr. Lynn (arrived at 5:48 p.m.), Mr. Bonar (departed at 6:47 p.m. and returned at 7:26 p.m.), Mrs. Williams, Mr. Hare, and Mr. Hutchison. Mrs. Russell was absent. Council staff members present were Mr. Koenig, City Solicitor Rodriguez (departed at 5:49 p.m.), and Mrs. McDowell. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS The agenda was approved by unanimous consent. Mr. Bonar moved to recess into executive session to discuss legal and personnel matters, seconded by Mr. Hutchison and unanimously carried. Meeting recessed at 5:31 p.m. and reconvened at 8:02 p.m. EVALUATION OF CANDIDATE INTERVIEWS During the executive session, members evaluated the candidates interviewed for the City Manager’s position. Mr. Bonar moved to select Scott D. Koenig as City Manager for the City of Dover, seconded by Mrs. Williams and unanimously carried (Mr. Anderson and Mrs. Russell absent). By unanimous consent, the meeting adjourned at 8:08 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Special Meeting of November 3, 2011, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM S:\AGENDAS & MINUTES\Council-Minutes\2011\11-03-2011 SPECIAL.wpd

Dover Police Department Monthly Report To Mayor & City Council “To Protect and Serve” September 2011

October 13, 2011 Honorable Carleton E. Carey, Sr., Mayor Members of Dover City Council City Hall Dover, DE 19901 Mayor Carey and Council Members: The following is the report on Police Department activities for the month of September 2011: COMPLAINTS Total complaints received through September 30th, 30,000 numbered 25,632. This is a increase of 480 25,155 25,632 22,584 22,557 21,208 complaints over the same time period for last year. 24,000 18,000 12,000 6,000 0 2007 2008 2009 2010 2011 CRIMINAL INVESTIGATIONS 20 16 15 16 Cases Reported in 10 September 12 Cases Cleared in 7 6 September 8 2 3 3 Cases Cleared from 4 Previous Months 0 0 Burglary Robbery Rape

Report to Mayor and Council September 2011 Page 2 QUALITY OF LIFE TASK SECTION ENFORCEMENT ACTION ARRESTS ABANDONED VEHICLES 0 ALCOHOL VIOLATIONS/DUI’S 4 ASSIST OTHER 0 WARRANTS ON FILE 0 BIKE ON SIDEWALK 0 CITY PARK VIOLATIONS 0 CRIMINAL ARRESTS 15 DRUG RELATED ARRESTS 0 LOUD MUSIC 0 MISCELLANEOUS VIOLATIONS 6 PARKING VIOLATIONS 9 PEDDLER 0 MEETINGS 38 PROSTITUTION 0 COLLECTION OF DELINQUENT DCO’S 0 WANTED CHECKS/CPC’S 30 TRAFFIC ARRESTS 81 WARNINGS 7 FUGITIVE 5 TOTAL ARRESTS 195 20,000 15,781 14,271 14,121 15,056 14,797 TRAFFIC ARRESTS 16,000 The department issued 14,797 traffic citations through this 12,000 reporting period. This is a decrease of 984 citations over the 8,000 number issued during the same period last year. 4,000 0 2007 2008 2009 2010 2011 TRAFFIC CRASHES Through September 30th, Dover Police investigated 1,292 traffic crashes. This is a decrease of 80 accidents investigated during the same period last year. 2,000 1,526 1,446 1,384 1,372 1,600 1,292 1,200 800 400 0 2007 2008 2009 2010 2011

Report to Mayor and Council September 2011 Page 3 1% 911 CENTER 8% During the month of September, our 911 Center handled a total of 10,170 calls averaging 339 calls per VoIP day. Dispatchers handled 2,618 calls on the 911 26% 911 Landline wireless lines, an average of 88 calls per day,780 calls 911 Wireless on the 911 landlines, an average of 26 calls per day, and Administrative 141 calls on the Voice Over Internet Protocol lines an 65% average of 5 calls per day. CITY ORDINANCE SUMMONS 10,000 7,333 6,618 6,835 th 8,000 6,091 6,377 Through September 30 , we issued 6,618 city ordinance summons, an increase of 241 summons over September of 5,073 6,000 4,793 4,153 4,158 last year. *Note: of those summonses issued in 4,209 September, 23 were issued for handicapped parking 4,000 violations, 12 for fire lane parking violations, 57 for false alarms (38 for 3-5 alarms, 16 for 6-9 alarms, 2 for 10-15 2,000 alarms, and 1 for 16 or more alarms) and 12 for noise violations (3 for vehicle violations and 9 for residence 0 2007 2008 2009 2010 2011 violations). ISSUED PAID Listed below are the major crimes and activities that occurred during the month of September: • On Sunday September 4, 2011, a 40 year old victim was driving his vehicle in the area of Reese Street in Simon Circle when a black male suspect yelled at him to slow down. Victim then stopped and began talking with the suspect who spat in his face. Victim exited his vehicle and an altercation ensued in which the victim was stabbed numerous times causing injuries to his hand as well as collapsed lung. Victim was taken to Bay Health Medical Center where he is listed in stable condition. The suspect was identified and arrested. • On Monday September 5, 2011, a black male subject, of Dover, was arrested by Dover Officers for incident that took place in the early morning hours. The subject blocked in the vehicle in which his ex-girlfriend was a passenger in the area of the River Chase Drive. He then opened the passenger door and demanded her cell phone. He later attempted to remove the vehicle and was charged with Robbery 1st, Carjacking 2nd, Criminal Mischief, and Rape 4th for actions committed during the struggle. • On September 9, 2011, Dover Officers responded to a report of a subject who had been shot in the roadway on South Queen Street just south of Division Street. Investigation revealed that three black males approached the 18 year old victim in retaliation from an altercation which had occurred earlier and that one of the suspects produced a handgun and shot the victim multiple times in his legs. All three suspects then fled on foot and upon arrival, the responding officers located one subject of Dover, in the area. He was positively identified as one of the suspects and was charged with Assault 1st and Conspiracy 2nd. • Dover Detectives are investigating a burglary which occurred at a business located on South Governors Avenue. The burglary occurred between September 9, 2011 and September 19, 2011 at 0600 hours. The subject or subjects forced entry into a window on the south side of the business to gain entry and once inside removed various tools and then fled. Video surveillance was obtained by the detective and the suspected was arrested. • Dover Detectives are investigating the robbery of a business located on South DuPont Highway, adjacent to Capitol Green. The robbery occurred on September 15, 2011, when three unknown black male subjects entered the business. All of the subjects were wearing something over their faces. Subject #1 was brandishing a sawed off shotgun. That subject held the clerk at gun point while Subject #2 and #3 removed an undisclosed amount of money. The subjects then fled on foot. The store employee was not physically injured during the incident.

Report to Mayor and Council September 2011 Page 4 • On September 15, 2011, Dover Detectives arrested a 31 year old subject for numerous counts of Rape and Sexual Abuse of a Child, after investigation revealed that he forced a relative to engage in multiple unlawful sexual acts over a period of approximately a year and a half. • On September 15, 2011, an unknown black male suspect approached the victim as she was entering her vehicle in the local business parking lot and grabbed her purse. The 42 year old female victim held on and was dragged by the subject who then got into what is believed to be a silver Saturn and drove away with the victim still hanging on. She was dragged several more feet before she fell to the ground causing a contusion to her head as well as injury to her ankle. The subject was arrested days later. • On September 17, 2011 Dover Officers responded to a reported domestic incident. The victim reported that the subject, age 22, was engaged in a verbal dispute while the victim, her friend and subject were driving on Scarborough Road in Dover. During the argument, the subject then removed their two week old baby from the baby’s car seat and threatened and motioned to throw the baby out the open car window. The victim’s friend, who was driving, pulled over. The victim was able to retrieve the baby from the subject and pass the baby to her friend. At that point the subject then slapped the victim in her head. The victim later reported the incident to police. The subject was later arrested without incident • On September 19, 2011 Dover Detectives began investigating a complaint of rape and unlawful sexual contact involving a subject, age 60. Investigation revealed that the suspect forced the victim, a family member, to engage in sexual intercourse in the summer of 2010. Since that time the subject has made in excess of 20 sexual advances to his relative, all involving unlawful sexual contact, fondling and groping of the victim. The subject was arrested without incident. • On September 21, 2011, Dover Police responded to a shooting in the area of South New Street. The 31 year old male victim was outside arguing with another subject at which time the subject removed a firearm from his waistband and shot the victim. The victim was struck in the upper right torso. The victim was treated at Kent General Hospital and is listed in stable condition. • Dover Detectives are currently investigating a burglary to a residence on Gristmill Drive. The burglary occurred sometime on September 19, 2011. An unknown suspect forced entry through a window and removed money, jewelry and electronics before fleeing. • Dover Detectives have made an arrest in an assault that occurred on September 7, 2011 at a local shopping center. The victim was assaulted by a group of teenagers outside of a restaurant establishment after the teens were observed trying to steal his music equipment. Another victim attempted to intervene in the assault and was also assaulted by the group. The first victim sustained a large laceration above his eye and a possible broken nose. The second victim had one of his teeth knocked out during the altercation. The victim stated that there were up to 10 black males. One 15 year old subject was identified and arrested. • On September 22, 2011, Dover Officers responded to a reported suspicious subject at a convenience store on Forrest Avenue. Upon arrival the suspicious subject entered the bathroom inside the business in an attempt to elude officers. The officers located the subject age 24. A struggle ensued at which time the subject struck an officer in the face. The subject was taken into custody after a struggle and 2.1 grams of Heroin was located on his person. • On Saturday September 24, 2011, Patrol Officers heard gunshots while investigating an unrelated complaint on Willis Road. The officers then responded to reports of numerous shots fired at a residence during a drive-by on Bradley Road. Several rounds penetrated the interior of the residence, one of which struck a 57 year old male resident in the back. The injury to the victim was superficial in nature and he was treated and released from Bay Health Medical Center. Two other adults and two children were also present at the time of the shooting. This incident is possibly related to a dispute which took place approximately 40 minutes prior involving a motor vehicle collision in front of the residence. Respectfully Submitted, James E. Hosfelt, Jr. Chief of Police

Monthly Report September 2011 Office of City Assessor

Assessor’s Report Number of Deeds Stamped for Transfer Tax Dollar Amount for the the Month of September Month of September 2010/2011 2010/2011 $400 $287 Thousands 22 25 25 $200 20 12 14 14 $22 $17 $34 15 7 $36 $7 $22 $5 10 1 1 1 2 2010 5 2010 $0 0 2011 2011 First Time Buyer for Month of September 2010/2011 Realty September 2010/2011 Property Sales in Dollars 14 14 Received Prior to Recording 15 12 Res. Non‐First $19 $20 Time Buyers Millions 10 $15 $2 7 $10 Res. First Time $5 $1 $2 $2 $1 $1 $0 2010 Buyers $0 5 2011 0 2010 2011 Major Updates July ‐ 11 Aug ‐ 11 Sept ‐ 11 Assessment Change $1,793,600 $3,490,600 $1,311,900 Residential Sales Ratio Report Sales in Study Total Assessed Value Total Sale Pric e Ratio PRD 14 $2,486,300 $2,316,439 1.07 1.02 Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98 tends to indicate assessment progressivity – high valued properties are relatively over appraised. 1

Assessor’s Report Points of Interest Scanning & Filing ‐ All new deeds are being scanned and attached to the CAMA software for easy retrieval. ‐ All appeal documents and correspondence are being scanned and attached to the CAMA software for easy retrieval. 2

City of Dover Sales Ratio Report for September 2011 Total Assessed PARID Address Value Sales DT Sales Price ED05‐067.05‐02‐28.00 232 MEADOW DR $ 239,000 20‐Sep‐11 $235,000 ED05‐068.17‐02‐31.00 323 N BRADFORD ST $ 186,000 13‐Sep‐11 $124,500 ED05‐068.20‐01‐13.00 103 LEXINGTON PL $ 210,200 16‐Sep‐11 $218,689 ED05‐077.16‐01‐01.00 699 ROBERTA AVE $ 162,900 15‐Sep‐11 $160,000 ED05‐068.17‐01‐64.00 43 WASHINGTON ST $ 214,000 9‐Sep‐11 $204,000 ED05‐076.06‐03‐19.00 258 GREEN BLADE DR $ 118,900 7‐Sep‐11 $98,250 ED05‐067.18‐03‐48.00 19 LIBERTY DR $ 186,500 6‐Sep‐11 $128,000 ED05‐067.17‐01‐57.00 40 CARNOUSTIE RD $ 206,900 21‐Sep‐11 $195,000 ED05‐076.09‐02‐32.00 263 TRAFALGAR DR $ 158,300 22‐Sep‐11 $141,000 ED05‐068.17‐01‐47.00 20 RODNEY RD $ 211,900 23‐Sep‐11 $225,000 ED05‐085.08‐03‐46.00 384 FIDDLERS GRN $ 175,900 8‐Sep‐11 $160,000 ED05‐076.10‐03‐38.00 1409 WOODMILL DR $ 143,300 29‐Sep‐11 $127,000 ED05‐067.12‐03‐18.00 937 SILVER LAKE BLVD $ 203,700 28‐Sep‐11 $230,000 ED05‐076.06‐02‐04.00 5 IVY HALL $ 68,800 28‐Sep‐11 $70,000

CITY MANAGER’S MONTHLY REPORT SEPTEMBER 2011 City Manager’s Monthly Report, September 2011

Customer Services In the month of September we processed 1461 payments as of September 30, 2011. Parks, Recreation, & Library Library 691 attended 24children’s programs 29 attended 6 teen programs. Job Center noted 99 participants this month. Parks & Recreation The September Concerts on The Green series hosted a crowd of 327 for the Milford Community Band. Again, as the series has concluded for 2011, we offer a special thank you to Wilmington Savings Fund Society (WSFS) for their continued financial support of this program. Eden Hill Express Care sponsored the upcoming Challenger Football event with a donation of $200.00. Please offer a word of thanks when you see Sean Mace, President of Eden Hill Express Care. Public Affairs Attended MGT 312 for FEMA Senior Officials Workshop for All Hazard Preparedness. Continued Public Outreach and media releases for road closures, trash/recycling changes, sewer relining, etc. Paperwork for Hurricane Irene; several meetings with FEMA Representatives. Preparations for Mayor’s Prayer Breakfast. Miyagi Visitors in Dover. Public Services Completed purchase of the Bulk Truck in Sanitation for $120,000. 2 City Manager’s Monthly Report, September 2011

PUBLIC AFFAIRS AVERAGE TIME TO CLOSE COMPLAINTS RECEIVED - AUGUST 2011 Department Total # Complaints # Of Days Planning/Code Enforcement 82 2.6 days (property code violations) Police (community policing) 3 1.1 days Public Services - Grounds 3 - Sanitation 1.8 days 2 - Streets 2 Public Utilities 6 2.4 days Site Admin/Other Departments 11 1.7 days AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE JULY AUG SEPT OTHER ACTIVITIES YTD 10 10 10 10 10 11 11 11 11 11 11 11 11 11 Facebook - New Posts 26 54 41 52 59 57 38 42 37 34 29 17 29 22 521 Facebook - Page Views 1,004 1,145 1,152 1,671 1,768 1,882 1,903 2,114 2,206 2,217 2,276 2,196 2,776 2,796 27,822 Facebook - Replies to questions 37 21 23 21 27 21 16 19 11 12 16 13 26 14 294 Press Releases 9 16 5 2 3 4 3 5 4 6 16 11 19 11 720 Ceremonial Documents 16 26 19 17 16 15 12 17 20 19 18 17 11 24 272 City Manager’s Monthly Report, September 2011 3

CENTRAL SERVICES Fleet Operations & Maintenance Items on Hand with no Usage over 36 Months $ 100,000 Costs 140 $ 90,000 1000000 120 $ 80,000 Total Work Orders 100 800000 $ 70,000 Total Dollars $ 60,000 80 600000 $ 50,000 60 $ 40,000 400000 40 $ 30,000 200000 $ 20,000 20 $ 10,000 0 Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul Aug Sep 10 10 10 10 11 11 11 11 11 11 11 11 11 10 10 10 10 11 11 11 11 11 11 11 11 11 Total Dollars Total Work Orders Electric Water General Stock Purchases by Fund 500,000 400,000 300,000 200,000 100,000 0 Se Ocp- No 0t-1 v- 10 1 De 0 Ja Fe 1c- n- b- 10 1 11 M ar Ap 1 M 1 ay -1 r -1 -1 Ju Ju Au 1n- 1 11 l-1 g- Se 1 p- 1 11 Electric Water General Electric: $ 86,336.69 Total Dollar Value: $2,407866.72 Water: $ 4,463.50 Total Line Items: 1,707 General: $ 9,903.13 Major Program Updates MEASURE SEPTEMBER 2011 SEPTEMBER 2010 DIFFERENCE Issue Effectiveness (>90%) How often the warehouse has what 99.22% 99.23% -0.01% customers need when it’s needed. [issues / (issues + back orders)] * 100 Turn Over Rate (4-5 per yr.) Indicates that the material stocked is 1 every 6.8 years 1 every 44.27 years -37.47 years the material being used. Bids for non-inventory items converted 0 of 0 Bids (FY12 Total) 11 of 12 Bids (FY11 Total) to purchase orders within timeframe N/A 0% none awarded yet 91.67% (Quantity and Percentage) Sealed bids prepared, received & dis- 9 of 10 Bids 36 of 38 Bids (FY11 Total) tributed within 7 working days of re- -4.7% 90% FYTD 94.7% ceipt (Quantity and Percentage) Scheduled Preventative Maintenance 28 of 30 appointments kept 9 of 26 appointments kept appointments being kept. 20.26% 93.33% 73.07% (Quantity and Percentage) 59,204 pieces 399,185 pieces Mail receiving lowest discounted rate (FY12TD) (FY11 Total) 0.26% (Quantity and Percentage) 96.22% 95.96% Routine work orders completed within 48 work orders completed 20 work orders completed 9.04% 5 days (Quantity and Percentage) 96.0% 86.96% Emergency work orders completed 12 work orders completed 1 work order completed within 2 days (Quantity and Percent- 0% 100% 100% age) 4 City Manager’s Monthly Report, September 2011

CUSTOMER SERVICES WORK ORDERS PROCESSED EXTENSIONS OF CREDIT 3,000 1,000 908 2,500 833 800 765 1,985 2,042 729 708 2,000 1,825 1,892 682 683 1,804 1,689 1,668 1,683 632 1,659 593 1,540 1,459 600 523 539 1,500 1,325 1,361 1,000 400 500 200 Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- 10 10 10 10 11 11 11 11 11 11 11 11 11 10 10 10 10 11 11 11 11 11 11 11 11 11 CUSTOMER PAYMENT USAGE CUTS FOR NON PAYMENT 80,000 $2,000,000 60,000 $1,600,000 46,928 39,799 37,713 40,000 $1,200,000 16,623 18,049 $800,000 20,000 7,652 7,005 5,699 $326,176 $377,882 30 35 $400,000 0 $126,155 $170,122 Drive-Thru Over the Mail, Drop Credit Cards Bank Drafts Window Counter Box $- September 2011September 2010 FYTD12 FYTD11 2012 YTD 2011YTD FY 2012 FY 2011 Major Program Updates Sep 2011 Sep 2010 Difference Year-to-Date Year-to-Date Number of Customers Served 22,857 24,763 (1,906) 77,991 81,274 Final Bills 718 731 (13) 2,237 2,352 Estimated Bills 178 144 34 487 453 Penalties Posted $ 21,205 $ 22,699 $ (1,494) $ 45,228 $ 57,982 Extensions of Credit - Amount Extended $ 320,294 $ 247,732 $ 72,562 $ 852,563 $ 647,785 Balance Transfers $ 8 $ 197 $ (189) $ 3,960 $ 4,864 Utility Collections $ 42,278 $ 32,864 $ 9,414 $ 108,749 $ 86,151 Special Assessments $ 110 $ 2,550 $ (2,440) $ 110 $ 4,261 Miscellaneous Billings $ 246,803 $ 100,115 $ 146,688 $ 467,299 $ 359,467 CNP through Disconnect Collars $ 8 10 (2) 24 27 Court Cases - - - - - Tamperings 5 2 3 12 13 Taxes Levied (includes carry forward) $ 1,373,910 $ 1,549,695 $ (175,785) $ 1,373,910 $ 11,358,642 Billing Adjustments $ 3,126 $ 15,560 $ (12,435) $ 3,126 $ 354,439 Total Taxes Collected $ 233,953 $ 463,309 $ (229,356) $ 233,953 $ 9,687,568 Taxes Outstanding $ 1,143,083 $ 1,070,825 $ 72,258 $ 1,143,083 $ 1,070,825 Payments in Lieu $ - $ 1,500 $ (1,500) $ - $ 4,500 Billing Accuracy (on schedule billings) 99.0% 99.0% - 99.0% 99.0% Bills Published on Schedule 99.9% 99.9% - 99.9% 99.9% Meters Read on Schedule 99.9% 99.9% - 99.9% 99.9% Customer Satisfaction Rating 99.7% 99.7% - 99.7% 99.7% Delinquent Accounts Collected 99.7% 99.7% - 99.7% 99.7% City Manager’s Monthly Report, September 2011 5

HUMAN RESOURCES Customer Service Contacts 700 600 500 400 300 200 100 0 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Aug Sep Jul 11 10 10 10 10 11 11 11 11 11 11 11 11 Citizens Assisted 150 134 38 12 147 46 52 305 38 47 63 57 35 Employees Assisted 97 68 135 75 62 55 58 65 210 37 51 46 41 Applications Processed 259 273 3 0 235 24 39 273 0 0 0 0 2 Sept Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Category Total 10 10 10 10 11 11 11 11 11 11 11 11 11 * Caucasian 315 319 312* 311 313 314 315 316 316 313 310 306 302 N/A * Minorities 62 62 61* 61 61 61 61 63 63 63 63 63 63 N/A Hired 1 4 1 - 2 1 1 5 1 - - - 1 17 Terminated/Resigned/ 1 - 3 1 - - - 2 1 2 3 4 5 22 Retired Promoted - - - - - - - - - - - - - - Jobs Posted 4 1 - - 3 - 1 3 - - - 1 - 13 Workers Comp. Injuries 3 5 2 5 7 2 2 5 5 5 4 7 4 56 Workers Comp. Hours - 24 65 42 360 445 336 438 50 46 63 135 263 2,037 Insurance Claims 8 3 4 8 3 3 6 8 2 5 3 10 1 64 Full-time Employees: 351 Part-time Employees: 14 (4 Pitts Center, 1 Recreation, 9 Library) Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members. *Total Full Time, Caucasian and Minority Employees were adjusted due to audit of employee information. Resigned: Administrative Assistant (City Clerk), Planner II, MEO I and MEO II (Sanitation) Terminated: 1st Class Lineman Hired: Administrative Assistant (Police) Recruitment Information American Asian/Paci In Out Position Total Female Male Black White Hispanic Indian/Alaskan Unknown fic Islander Dover Dover Native Communications Operator (applications 2 - 2 - 2 - - - - 1 1 accepted until 9/8/11) 6 City Manager’s Monthly Report, September 2011

HUMAN RESOURCES continued Unfilled/Open Positions by Department Unfilled/Open Positions Sept Oct Nov Dec Jan Feb Mar Apr May Jun July Aug Sept By Department 10 10 10 10 11 11 11 11 11 11 11 11 11 Public Utilities 3 3 4 4 4 4 3 3 2 2 2 3 4 Public Services 2 2 1 2 1 1 1 1 2 3 1 1 3 Police 2 2 3 3 2 2 2 - - - 4 4 4 All Other Departments 6 3 4 4 4 3 3 4.5 4.5 7.5 5 6.5 8.5 Totals 13 10 12 13 11 10 9 8.5 8.5 12.5 12 14.5 19.5 City Manager & Heavy Equipment Operator on terminal leave, included in totals. Public Utilities: Motor Equipment Operator II/Water, Heavy Equipment Operator, Substation Technician, Journeyman – 1st Class Lineman. Public Services: Field Supervisor 1 - Streets, MEO I & MEO II - Sanitation Police: (2) Police Officers and (2) Communication Operator All Other Departments: Custodian I (1), Sr. LAN Analyst (due to A. Siegel currently acting as IT Director), Central Services Director, Human Resources and Safety Coordinator, City Manager, Senior City Administrator, Library Page (PT), Administrative Assistant - Clerk’s Office, Planner II Bonus Programs by Month Bonus Program Sept Oct Nov Dec Jan Feb Mar Apr May Jun July Aug Sept Total Category 10 10 10 10 11 11 11 11 11 11 11 11 11 Stop Program-Sensibly Taking Off Pounds(weigh-ins) 10 5 13 7 - 27 17 6 21 - 15 4 5 130 Caught Doing it Right- Promotes employees productivity & creativity 1 - 2 63 - - - - - - 1 1 68 - (submissions) Breathe Program-Rewards for ending tobacco use - - - 4 - - - - - - 1 1 6 (submissions) - Ducs in a Row-Doing Useful Community Service - - - - - - - - - - - - - (submissions) - Workers Comp Injuries 20 15 10 5 0 Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- 10 10 10 10 11 11 11 11 11 11 11 11 11 Public Utilities Public Services Police Others Public Utilities: 1 Public Services: 2 Police: 0 All Other Depts.: 1 Public Utilities: 258 Public Services: 2 Police: 3 All Other Depts.: 0 City Manager’s Monthly Report, September 2011 7

INFORMATION TECHNOLOGY Service Requests Resolved Citizen Action Center - Customers w/ New Issues 250 233 168 216 150 200 179 186 130 81 171 162 66 88 114 150 154 151 159 110 129 150 119 120 125 90 44 43 70 37 78 100 32 50 33 38 50 30 10 0 Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- 10 10 10 10 11 11 11 11 11 11 11 11 11 10 10 10 10 11 11 11 11 11 11 11 11 11 Programming Requests Completed Page Views - City of Dover Web Page 40 50,000 34 45,000 35 40,000 30 35,000 Pages Viewed 24 25 30,000 20 17 43,152 16 15 16 15 16 15 25,000 38,777 39,261 14 35,631 33,649 34,959 36,358 15 11 20,000 28,600 10 23,639 15,000 22,347 10 16,470 18,965 3 10,000 5 5,000 0 0 Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul-11 Aug- Sep- 10 10 10 10 11 11 11 11 11 11 11 11 11 10 10 10 11 11 11 11 11 11 11 11 Current Performance Indicators Last Month Same Month Month Last Year iSeries Availability 100% 100% 100% Server Availability 100.000% 99.758% 100% AS/400 Connections N/A N/A N/A (concurrent/authorized users) PCs Supported 337 336 343 Scheduled PCs Replaced - - - Servers Supported 16 16 16 People Trained 8 7 5 Availability Statistics based on 7:00 AM until 5:00 PM Monday—Friday 8 City Manager’s Monthly Report, September 2011

PARKS, RECREATION & LIBRARY Library Adult Services Children Services 1200 1000 1000 750 800 600 500 400 250 200 0 0 Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- 10 10 10 10 11 11 11 11 11 11 11 11 11 10 10 10 10 11 11 11 11 11 11 11 11 11 Reference Reader's Advisory Outreach Electronic Assistance Reference Reader's Advisory Outreach Electronic Assistance Reference - 112 Reader’s Advisory – 26 Reference - 128; Reader’s Advisory – 81 Electronic Assistance – 174; Outreach – 0 Electronic Assistance – 57; Outreach – 0 CIRCULATION SEPTEMBER 2011 FYTD 2012 SEPTEMBER 2010 FYTD 2011 Dover Residents 13,912 50,801 16,262 54,452 Kent County Residents* 12,320 44,837 13,937 46,289 Non-County Residents 1,250 4,872 1,182 3,763 REGISTRATIONS Dover Residents 212 651 250 810 Kent County Residents* 118 305 102 367 Non-County Residents 11 33 N/A 25 OTHER Visiting Patrons 31,221 96,604 30,688 100,886 Meeting Room Usage 100 120 240 660 Photocopier Usage 1,670 4,625 1,392 5,259 Dial-A-Story 1,075 3,425 1,087 4,464 Computer Usage 4,193 12,234 4,437 14,465 Holds (Total) 7,089 22,248 N/A 17,710 *Breakout of Kent County Residential Statistics Circulation Registrations Harrington: 152 Harrington: 0 Smyrna: 658 Smyrna: 14 Milford: 208 Milford: 2 Outside City Limits: 11,302 Outside City Limits: 102 Total Registered Users: (Card Holders) City: 18,003 Kent County: 13,835 Outside Kent County: 965 Other Points of Interest: Interlibrary: 5,242 items loaned out Technical services: 1,407 items added 3,562 items borrowed 2,151 items deleted Volunteers: 234 hours of service completed ** Meeting Room Usage Usage number is down as this room hosts the Job Center City Manager’s Monthly Report, September 2011 9

Parks and Recreation Recreation Revenue Recreation Revenue Breakdown $30,000 $23,690 $30,000 $20,160 $25,000 $18,761 $25,000 $15,867 $20,000 $20,000 $15,000 $9,3 62 $9,8 86 $9,0 22 9670.5 $7,7 48 $8,3 72 9606 $15,000 $10,000 $4,0 20 $3,8 06 $10,000 $5,000 $5,000 $- $0 Sep-10 Oct-10 Nov-10 Dec-10 Jan-11 Feb-11 Mar-11 Apr-11 May-11 Jun-11 Jul-11 Aug-11 Sep-11 General Rental Payments Sports Leagues Trips General: $1,150 Rental Payments & Special Events: $4,161 Sports: $140 Leagues: $3,485 Trips: $670 Rentals SEPTEMBER 2011 FYTD 2012 SEPTEMBER 2010 FYTD 2011 Baseball/Softball Field Rentals* 23 75 29 99 Dover Park Pavilions (2) 3 29 0 17 Multipurpose/Field Hockey Field Rentals* 2 21 0 51 Recreation Center – Dover Park 16 55 15 83 Silver Lake Pavilions (2) / Schutte (1) 3 11 5 23 Soccer Field Rentals* 3 3 2 6 Stage – Mobile Platform 3 12 3 11 *These numbers reflect groups that utilized our facilities during August 2011. Program Attendance* SEPTEMBER 2011 FYTD 2012 SEPTEMBER 2010 FYTD 2011 Super Summer Playground 0 0 0 0 *This number reflects activities that took place in September 2011. (Not included on the JWP report.) Pitts Center - Total Program Attendence FREE Open Gym Registration Cards* - through 8/30/2011 20,000 Total Cards Issued: 4,506 City Residents: 2,036 - (45%) Non-City Residents: 2,470- (55%) 15,000 12,692 10,306 - Kent County: 2,023 - (45%) # of people - Sussex County: 148 - (3%) 10,000 7,614 - New Castle County: 105 - (2%) 5,762 - Out of State: 194 - (4%) 3,886 3,399 2,447 2,392 2,266 2,006 5,000 1,340 1692 1062 *The cards permit entrance to the facility during 0 scheduled Public Open Gym Periods at no charge. Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- 10 10 10 10 11 11 11 11 11 11 11 11 11 10 City Manager’s Monthly Report, September 2011

PUBLIC SERVICES Administration Administrative review and inspection services continued on all residential and commercial developments. The following residential subdivisions are in various phases of construction: Oak Shadows Emerald Pointe Lexington Glenn Village of Westover (Phase VI) Farthing Woods Nottingham Meadows Patriot Village Clearview Meadows Village of Cannon Mill Eden Hill (Residential) Sanitation Monthly Total Refuse (Tons) Sanitation Hours 1,500 973 972 998 1000 919 904 924 1,000 829 845 774 779 795 706 636 570597 533 514522 473 500 359 353 390 441 412 500 251 226 188 240 167 169 202 75 39 78 0 5 - 0 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Bulk Col lecti on Mechanized Hand Trash Contai ner Electronic 10 10 10 10 11 11 11 11 11 11 11 11 11 Collection Collection Repair/Del ivery Goods Pickup Bulk Automated Sep 11 Sep 10 SEPTEMBER 11 FYTD 12 SEPTEMBER 10 FYTD 11 Trips to DSWA Sandtown Landfill 188 579 244 781 Total Tonnage to DSWA 1,157.20 3,370.90 1,277.69 4,039.89 90-Gallon Containers Delivered 22 70 44 79 300-Gallon Containers Delivered 2 4 4 18 Total Man Hours-containers Delivered 39 127 78 202 TOTAL # OF TOTAL # OF AC- CURBSIDE RECYCLING WEIGHT/LBS. AVE. LBS. HOUSEHOLDS COUNTS STATS SEP 2011 17,636 8,015 264,080 14.97 City Manager’s Monthly Report, September 2011 11

Streets SEPTEMBER 11 FYTD 12 SEPTEMBER 10 FYTD 11 Signed Installed 17 56 23 80 Signs Repaired 20 45 3 63 Curbs Painted Yellow (feet) 290 416 540 833 New Post Installed 8 33 10 28 Storm Catch Basins Repaired 3 30 0 24 Storm Catch Basin Repairing (Hrs.) 56 100 0 148 Storm Catch Basins Cleaned 184 184 0 0 Storm Catch Basins Cleaning (Hrs.) 38 38 0 0 Hot Mix Patching (Tons) 0 63 20 90 Hot Mix Patching (Hrs.) 0 420 75 348 Cold Mix Patching Hrs.) 24 125 16 80 Concrete Work (Hrs) 38 544 108 192 Concrete Patching (Cubic Yards) 0 1 10 33 Street and Alley Maintenance (Hrs) 176 520 157 469 Ditch Work (Hrs). 24 64 0 65 Street Sweeping (Miles) 1,403 3,399 1,577 3,793 Street Sweeping (Cubic Yards) 366 746 348 744 GROUNDS - Arborist Crew September 2011 September 2010 Trees Trimmed 13 48 Trees Removed 35 26 Much of the time was spent cleaning up storm damaged trees in the parks from the hurricane. Cleared out tree debris from the Puncheon Run stream behind Lynnhaven Drive. Chipped brush in the Towne Point subdivision to assist the Sanitation Division with storm debris removal. Beautification Crew Assisted with storm clean up including trees and Grounds shop. Began pulling beds for planting of spring flowering bulbs. Prepared quotes for the following: spring blub order, seed and plug order and horticulture supplies. Planted chrysanthemums in front edge of the Route 8 island bed. Assisted the Streets Division by helping put down 600 sq. feet of sod at The Meadows and keeping it watered. Mowing Crew Assisted the arborist crew with storm damaged trees it the parks. Removed three (3) small trees and cut back vines and underbrush at 21 N. Kirkwood Street to provide access for inspection and removal of vacant property. Cleaned up the Grounds shop from flood damage including raw sewage from the Kent County Pumping Station. 12 City Manager’s Monthly Report, September 2011

Economic Development UNEMPLOYMENT RATES AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG 10 10 10 10 10 11 11 11 11 11 11 11 11 City of Dover 10.2% 10.1% 10.3% 10.1% 9.4% 10.0% 9.6% 9.5% 9.0% 8.9% 9.9% 9.6% 9.4% National & State averages (US-9.2% & State-8.0%) Source: State of Delaware Department of Labor TYPE YTD Contacts Made Number of contacts made with small businesses and with out -of-town companies interested in locating to Dover. Small Businesses 8 Out-of-town Companies 7 Staff provided an update on the historical perspective of the Economic Development Office to the City Council’s Legisla- tion and Finance Committee. Staff participated in a Webinar on Captive Insurance. Staff provided historical data to DEDO on the Blue Hen Mall Staff met with the Campus Director of Delaware Technical and Community College; Staff attended meetings of the Central Delaware Business and Entrepreneurship Consortium. Staff provided an Economic Development Update to the Dover Rotary, including the plan for North Street Area Improve- ments. Downtown Dover Partnership Bids were received in response to the RFP for Renovations to 22-24 W Loockerman. All bids received were in excess of the funds budgeted and we are working with Becker Morgan and the bidders to perform value engineering for this pro- ject. Bids have been reviewed and interviews held with the top two firms responding to the RFP for Architectural and Engi- neering Services on the North Street Area Improvements. Only one RFP was received for Legal Services on the North Street Area Improvements. Recommendations on the North Street Project Contracts will be presented to the DDP Board at the October 6th Board Meeting. Six applications were received for the Design Demonstration Grant which will award up to $20,000 to be used for exterior improvements on a downtown property. The Loan and Incentive Subcommittee of the DDP Economic Development Committee is finalizing the application docu- ments, policies, and procedures for their loan program. Staff provided an update on the North Street Area Improvements and the funding received from the State Bond Bill to the City Council’s Legislation and Finance Committee. A workshop was held on September 14, 2011 on QuickBooks. It was attended by eleven (11) small business owners. Staff gave a presentation on the outcomes of the 2010 Charrette and conducted a walking tour for Main Street Managers and DEDO representatives to highlight the planned redevelopment activities in the downtown district (Bayard Plaza, North Street Improvements, and the Acme Site Plan). City Manager’s Monthly Report, September 2011 13

Life Safety Inspections SEPTEMBER 11 FYTD 12 SEPTEMBER 10 FYTD 11 Fire Protection Inspections (new & exist- 71 ing) 226 51 233 Fire Code Inspections 55 203 46 339 Inspection Deficiencies 99 298 40 367 Certificate of Occupancy 1 7 16 25 Office 83.5 282 98 294 Meetings 44 130 47 134 Plan Review 23 86 31 137 Training 4 4 25 42 Fire Investigations 8 20 17 55 Accidental $23,350.00 $124,750.00 $8,050.00 $48,550.00 Incendiary $51,800.00 $52,200.00 $0.00 $10,000.00 Undetermined $1,000.00 $41,500.00 $800.00 $2,300.00 Permitting and Inspections Permits Issued SEPTEMBER 11 FYTD 12 SEPTEMBER 10 FYTD 11 Administrative Permit 1 5 2 7 Building Addition/Renovation Permits 42 99 45 189 Building Permits 15 58 19 33 Demolition Permits 2 4 2 6 Fence Permits 7 29 6 28 Fire Prevention Permits 2 13 10 22 Mechanical Permits 26 69 16 66 Plumbing Permits 41 107 63 164 Sign Permits 17 61 19 63 Swimming Pool Permits 0 6 0 2 Licenses Issued Business Licenses 204 1,159 263 1,359 Fire Protection 40 189 0 0 Merchant Licenses 32 245 12 256 Contractor Licenses 59 580 58 669 Lodging House Licenses 0 0 0 0 Mobile Homes 17 223 16 151 Public Occupancy 22 39 11 27 Rental Dwelling 19 61 24 55 Building Inspections Permits Issued SEPTEMBER 11 FYTD 12 SEPTEMBER 10 FYTD 11 Building 256 842 365 1,239 Plumbing/Mechanical 375 1,084 567 1,259 Certificate of Occupancy 10 29 22 78 14 City Manager’s Monthly Report, September 2011

Geographic Information Systems (GIS) Created map of DDP properties. Created many maps for voter redistricting. Calculated pipe mileage for City water system. Created and printed several maps and posters for Downtown Dover Development Office. Dangerous Building/Demolition Status – September 2011 58 East Rustic Lane Declared dangerous by City Council on June 13, 2011. Property owner requested a 30-day extension until August 13, 2011. Bids have been solicited for the pending demolition of the structure. 43 East Division Street Declared dangerous by City Council on June 13, 2011. Property owner has demolished the structure without further city intervention. Case is still open pending completion of demolition by the property owner. 423 Collins Drive Declared dangerous by City Council. 443 Collins Drive Declared dangerous by City Council. 21 North Kirkwood Street Declared dangerous by City Council. Bids have been solicited for the pending demolition of the structure. City Manager’s Monthly Report, September 2011 15

PUBLIC UTILITIES Electric Total System Load System Peak 100,000 200 172.6 81,797 165.5 155.7 153.8 153.8 80,000 71,888 74,068 139.3 66,434 65,231 63,563 64,474 61,675 150 56,052 57,409 54,090 54,947 54,078 112.9 108.2 106.9 60,000 104 104.8 94.75 98.6 100 40,000 50 20,000 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 10 10 10 10 11 11 11 11 11 11 11 11 11 10 10 10 10 11 11 11 11 11 11 11 11 11 Outages Customers of Gained/Lost 35 8,000 40 7,000 34 30 35 6,000 30 25 5,000 Customers 25 23 23 Outages 20 4,000 15 20 17 18 3,000 16 10 15 2,000 10 9 9 8 8 5 10 1,000 5 4 0 0 5 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 0 10 10 10 10 11 11 11 11 11 11 11 11 11 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Outages Customers 10 10 10 10 11 11 11 11 11 11 11 11 11 Outages: 9 Customers: 2,381 Electric Monthly Outage Report The annual outage goal will be less than 295 minutes per customer, which is a Delaware Standard. This will be measured by calculating the System Average Interruption Duration Index. FY 12 YTD FY 11 FY 10 50.30 63.78 160.14 Controllable Outages Average Response Time Annual goal is less than 40 Goal is less than 30 minutes Month Year-to-date Month Year-to-date 4 25 37.43 Minutes 39.97 Minutes 16 City Manager’s Monthly Report, September 2011

Electric Engineering Design Major Program Updates SEPT 11 SEPT 10 DIFF FY12 YTD FY11 Extensions Design Completed Within 30 days 0 0 - 2 0 of complete Submission % New Underground Installation % Completed New Underground Installation Completed N/A N/A SEPT 11 SEPT 10 FY12 YTD PROGRAM UPDATES Tree Trimming 115 142 463 Number of Oil Releases 0 0 1 Lost Time Accidents – All Electric Utility Divisions 0 0 2 New Services 23 9 57 Major Goals Completed in the Past Two Months N/A City Manager’s Monthly Report, September 2011 17

Water/Wastewater Water Production/Billed Consumption/Flow to Kent County 255,000,000 205,000,000 155,000,000 105,000,000 55,000,000 5,000,000 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 10 10 10 10 11 11 11 11 11 11 11 11 11 Total Water Prod. Billed Consumpt. Total Flow to County City Readings ENGINEERING SUMMARY SEPTEMBER SEPTEMBER Major Program Updates DIFF FY12 YTD FY11 11 10 State and Federal Violations 0 violations 0 violations - - - Water Quality Complaints 14 9 5 39 26 -5 Plan Review Completed Within 30 days of 5 plans 10 plans plans 100% 100% Submission 100% 100% Field Inspection Response within 48 hours of 100% 93.75% 6.25% 99.1% 93.15% Request Major Goals Completed in the Past Two Months  Twelve inch water main installed from Wild Meadows toward the Sun Park. OPERATIONAL SUMMARY Task SEPTEMBER 11 SEPTEMBER 10 Current FY Water Production – Daily Average 4,487,200 5,335,367 478,126,000 Average Field Response Time (goal is < 30 minutes) 25.4 22.25 25.82 Water Mains Repaired 4 1 10 Water Service Lines Repaired 2 1 8 Wastewater Mains Repaired 0 1 0 Wastewater Service Lines Repaired 1 1 4 Sewer Lines Flushed – Linear Feet 72,587 135,357 259,318 Percentage of Flow Sent to Kent County vs. Gallons Billed 118% 98% 104% (inflow/Infiltration monitoring) Total Water Meters in City Distribution System 13,973 13,862 33 Lost Time Accidents – All Water/Wastewater Divisions 1 - 1 18 City Manager’s Monthly Report, September 2011

CITY PLANNER’S MONTHLY REPORT Public Services Group P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7196 Fax (302) 736-4217 September 2011 PERSONEL September 21, 2011 was Michael Albert’s (Planner II) last day with the City of Dover Planning Department. Best wishes as his family relocates to Raleigh, North Carolina for his wife’s post-doctorate employment. During the September 2011 NASCAR Race staff activities involved manning the Command Post, data gathering with GIS technology, intake of business licenses, license and code compliance checks, and incident response by Fire Marshals in addition to the regular daily operations of the Department of Planning. The Staff activities specifically related to the NASCAR event covered the period of Wednesday, September 28th through Sunday, October 2nd and involved 15 City Staff, 1 State Fire Marshal and 4 Kent County Dispatchers. EDEN HILL FARM TND In early September permits were re-issued for a series of revisions to six townhouse dwelling units proposed for construction on Ridgely Boulevard. For the Residential District of Eden Hill Farm Traditional Neighborhood Design the totals remain at 53 dwelling units complete of the 59 permits approved for dwelling units. In September, there was no specific activity associated with the Professional Office, Medical & Financial District. There was no activity associated with the Neighborhood Commercial District. Construction staging and preparation activities continue for the construction of the North Street Circle (Roundabout). This road system element at the previous intersection of the farmhouse driveway and North Street will include a traffic circle with connections from North Street into the Commercial District area, the Professional, Medical & Financial District, and the Eden Hill farmhouse property. COMPREHENSIVE PLAN IMPLEMENTATION Planning Staff continues to focus efforts on the implementation items identified in the 2008 Comprehensive Plan as amended. Following the adoption of revision to the application processing provisions of Zoning Ordinance, Article 10, Planning Staff has updated the Public Notice instructions. The Planning Commission and City Council have approved the Policy on Physical Posting of Properties. Planning Staff continues to work on the development of several other ordinances including text amendments to the Land Subdivision Regulations pertaining to Homeowners Associations. In September, the Planning Commission reviewed and provided a recommendation regarding the text amendments to the Zoning Ordinance pertaining to swimming pools. Other Activities New Dover High School Project (C-10-05) - Construction activities related to utilities, stormwater management facilities, and site prep continue at the site. The monthly progress meeting on the Dover High School project was held on September 15th with Planning Staff and Public Utilities Staff meeting with the district’s design professionals and DelDOT staff. The Planning Office continues working on the review of Bid Pack C for Check Print review of the overall site development plan as associated with Application C-10-05/S-

11-18. The construction activities continue for the following Capital School District projects: Professional Development Offices & Maintenance Facility located on Commerce Way and Site Improvements to William Henry Middle School/Booker T. Washington Elementary School. PERMITTING AND LICENSING REVIEW The Planning Staff is part of the Building Permit review process. Our activities involve reviewing specific types of permit applications for compliance with the Zoning Ordinance and for compliance with any conditions of approval from the Planning Commission, Board of Adjustment, or Historic District Commission. Permits Reviewed Jan- Feb- Mar- Apr- May- June- July- Aug- Sep- Permits Permits (Issued) 11 11 11 11 11 11 11 11 11 Reviewed Reviewed YTD YTD 2010 2011 Building 12 13 24 36 29 42 36 22 35 307 249 Additions/Renovations Permits Building Permits 2 3 10 11 7 6 13 4 3 75 59 Demolition Permits 3 6 2 3 11 1 1 1 2 23 30 Fence Permits 5 2 14 14 18 5 11 11 7 70 87 Sign Permits 9 4 6 10 11 12 7 8 5 81 72 Temporary Sign 2 6 9 3 11 7 6 7 9 52 60 Permits Swimming Pool 0 0 1 0 3 8 6 0 0 10 18 Permits Certificate of 11 9 22 17 20 17 10 7 10 147 123 Occupancy Total # Permits 44 43 88 94 110 98 90 60 71 765 698 Reviewed (Issued) CODE ENFORCEMENT Case Type # cases current # cases % staff initiated % staff initiated month YTD current month YTD No valid rental permit 2 141 100% 95% No valid building permit 8 56 75% 75% Tall grass and weeds 113 511 65% 65% Unregistered vehicle 1 20 100% 70% Abandoned vehicle 13 89 38% 62% Annual Housing Inspection 76 510 96% 98% Property Maintenance – 37 393 62% 55% Exterior Electric Termination 2 151 50% 92% Dover Code of Ordinances 60 432 73% 68% Zoning 10 88 60% 56% Total Cases 322 2391 Total # of Inspections 445

COMMUNITY DEVELOPMENT U CDBG FY11 PROJECTS The funding approval agreement for the release of CDBG funds was approved by the Mayor on July 21st and all FY 11 projects are underway. Neighborhood Stabilization Program (NSP) The City was awarded $1,426,740 for the acquisition and rehab of foreclosed properties to be sold to qualifying families. A total of $1,249,467 has been expended on the acquisition and renovations for 8 properties. One property has been purchased with program income and is for sale. The remaining balance of $177,272 will be utilized for renovations and acquisition. Three properties have been sold, four are for sale, one is a lease purchase and one is a rental that serves persons with disabilities. 218 Ann Avenue (sold) 337 N. Governors Avenue (for sale) 343 Mimosa Avenue (sold) 254 Green Blade Drive (sold) 907 Woodcrest Avenue (lease purchase) 302 Stonebrook Place (for sale) 1430 S. Hancock (group home rental) 11 Westover Drive (for sale) 1415 S. Hancock (for sale) MEETING REPORTS Board of Adjustment: The Board of Adjustment met on September 21, 2011 and took the following actions. The next regular scheduled meeting of the Board of Adjustment is scheduled for October 19, 2011. 1. Applicant #V-11-07 - 155 N. DuPont Hwy, W. Scot Parsons – Moved to approve variance pertaining to signage and sign placement. 2. Applicant #V-11-02 - 725 Horsepond Road, UHS of Dover, LLC – Moved to approve variance for expansion of a structure within the AEOZ (Airport Environs Overlay Zone). 3. Applicant #V-11-09 - 545 S. State Street: Adam Perza – Moved to approve variance for rear yard setback and lot coverage to allow an addition to the dwelling. 4. Applicant #V-11-10 - 852 S. Little Creek Road: The Dover Special School District – Moved to approve variance for the type and size of signage. 5. Applicant #V-11-11 - 591 S. DuPont Highway: Deanna Hynansky – Moved to postpone action on application seeking submission of additional information. Historic District Commission: The Historic District Commission did not meet on September 15, 2011 as there were no applications for review. The next regular Historic District Commission meeting is scheduled for October 20, 2011. Planning Commission The Planning Commission met on September 19, 2011 and took the actions summarized listed below. The next scheduled Planning Commission meeting is scheduled for October 17, 2011. 1. S-09-19 Walker Pavilion at Four Seasons at 101 Mont Blanc Boulevard - Moved to approve a one year extension. 2. SB-10-02 Wynsome Oaks Subdivision on White Oak Road - Moved to approve a one year extension. 3. S-10-17 Duncan Plaza at 600 Forest Street - Moved to approve a one year extension. 4. S-10-21 NBR Properties at 850 New Burton Road - Moved to approve a one year extension. 5. HI-10-08 Bayard Plaza on West Loockerman Street – Moved to approve the revisions to the Architectural Review Certification for the project based on recommendations of Historic District Commission.

6. S-11-11 Lands of Downtown Dover Partnership at 120 S. Governors Avenue - Recognized that the Historic District Commission has approved the side yard setback waiver request to allow a seven (7) foot setback as conditionally approved by the Planning Commission. Action becomes part of the Architectural Review Certification approved for the project. 7. S-11-09 State Street Plaza at 1004 S. State Street – Accepted the revised architecture for the building including the removal of two (2) dormers on the front facade. 8. C-08-01 House of Pride at Properties on North New Street and South New Street – Moved to approve continuation of the Conditional Use Permit for seven properties contingent upon the repair and correction of identified discrepancies(from the September 2011 Inspections) and to continue with the annual review of the Conditional Use Permit to take place in July with inspections to take place in June. 9. Z-11-06 Lands of EJB, Inc. at 327 Martin Street: Serenity Place - Moved to forward a recommendation of approval to City Council to rezone the property from C-4 to IO. 10. S-11-16 Governors Avenue Animal Hospital at 1008 South Governors Avenue – Moved to approve the Site Plan to include the approval of the waiver for the Arterial Street Buffer and the waiver for the elimination of the fence component for the opaque barrier only in the front yard setback with the rest of the fence remaining as an alternative material of vinyl rather than wood. 11. MI-11-09 Text Amendment: Revisions to Article 3 and Article 5 of the Zoning Ordinance regarding Swimming Pools - Moved to forward recommendation of approval to City Council for the text amendment. Submitted by: Ann Marie Townshend, AICP Planning & Community Development Director

Date Range: From 9/1/2011 to 9/30/2011 Incident Type Report (Summary) Dover Fire Department Count Pct of Total Est Total Est Incident Type Incidents Loss Loss 1 Fire 111 Building fire 4 5.80% $0 0.00% 113 Cooking fire, confined to container 9 13.04% $0 0.00% 131 Passenger vehicle fire 3 4.35% $0 0.00% 150 Outside rubbish fire, other 1 1.45% $0 0.00% 151 Outside rubbish, trash or waste fire 1 1.45% $0 0.00% 154 Dumpster or other outside trash receptacle fire 1 1.45% $0 0.00% Totals 19 27.54% $0 0.00% 2 Overpressure Rupture, Explosion, Overheat(no fire) Totals 0 0.00% $0 0.00% 3 Rescue & Emergency Medical Service Incident 353 Removal of victim(s) from stalled elevator 1 1.45% $0 0.00% Totals 1 1.45% $0 0.00% 4 Hazardous Condition (No Fire) 412 Gas leak (natural gas or LPG) 4 5.80% $0 0.00% 440 Electrical wiring/equipment problem, other 2 2.90% $0 0.00% 441 Heat from short circuit (wiring), defective/worn 1 1.45% $0 0.00% Totals 7 10.14% $0 0.00% 5 Service Call 500 Service Call, other 1 1.45% $0 0.00% 511 Lock-out 1 1.45% $0 0.00% Totals 2 2.90% $0 0.00% 6 Good Intent Call 600 Good intent call, other 3 4.35% $0 0.00% 611 Dispatched & canceled en route 1 1.45% $0 0.00% 622 No incident found on arrival at dispatch address 1 1.45% $0 0.00% 631 Authorized controlled burning 2 2.90% $0 0.00% 651 Smoke scare, odor of smoke 1 1.45% $0 0.00% Totals 8 11.59% $0 0.00% 7 False Alarm & False Call 700 False alarm or false call, other 14 20.29% $0 0.00% 714 Central station, malicious false alarm 1 1.45% $0 0.00% 730 System malfunction, other 1 1.45% $0 0.00% 733 Smoke detector activation due to malfunction 8 11.59% $0 0.00% 735 Alarm system sounded due to malfunction 2 2.90% $0 0.00% 743 Smoke detector activation, no fire - unintentional 4 5.80% $0 0.00% 745 Alarm system activation, no fire - unintentional 2 2.90% $0 0.00% Totals 32 46.38% $0 0.00% 8 Severe Weather & Natural Disaster Totals 0 0.00% $0 0.00% 9 Special Incident Type Totals 0 0.00% $0 0.00% Totals 69 $0 Date: 10/24/2011 Page: 1

Date Range: From 9/ 1/ 2011 to 9/ 30/ 2011 Manpower Hours by Sitation Found Dover Fire Department Num ber of Hours by Situation Found Sum of # Attending X Incident Length Fire 171 Fire 0 Overpressure Rupture, Exp 2 Rescue & Emergency Medica 34 Hazardous Condition (No F 1 Service Call 21 Good Intent Call 114 False Alarm & False Call 0 Severe Weather & Natural 0 Special Incident Type Overpressure Rupture, Exp Severe Weather & Natural Rescue & Emergency Medica Special Incident Type Hazardous Condition (No F Service Call Good Intent Call False Alarm & False Call Date: 10/24/2011 Page: 1

Date Range: From 1/ 1/ 2011 to 9/ 30/ 2011 Alarms by Month of Year Dover Fire Department 133 140 135 130 125 120 115 110 105 100 91 89 89 95 84 90 85 80 72 69 69 75 66 70 65 60 55 50 45 40 35 30 25 20 15 10 0 0 0 5 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Date: 10/24/2011 Page: 1

Date Range: From 9/1/2011 to 9/30/2011 Incident Run Log Company: All Companies Dover Fire Department Sorted by: Incident Number Date FDID Incident# Alarm ### Address Suite Type 09/01/2011 30046 2011-000694 22:35 930 WHATCOAT DR Cooking fire, confined to container On arrival occupant advised they had a grease fire contained to the pan in apt 14. I went in to investigate same. No damage, however there was smoke and dry Chemical in the apt. Apt was ventilated using natural ventilation. 17 Cleared. 09/02/2011 30046 2011-000695 20:16 1137 S STATE ST Smoke detector activation due to malfunction 09/02/2011 30046 2011-000696 23:36 11 BAKER TURN Electrical wiring/equipment problem, other 09/03/2011 30046 2011-000697 00:08 1 W LOOCKERMAN ST Central station, malicious false alarm Pull station activation in the club area of the bar. FD could not make access due to large number of occupants (500+) FM and Dover PD were notified. 09/03/2011 30046 2011-000698 04:04 516 West St Dumpster or other outside trash receptacle fire On arrival Dover PD on scene of a small dumpster fire outside 516 West Street. Engine 7's crew extinguished same and cleared. 09/03/2011 30046 2011-000699 08:33 237 PRESIDENT DR Authorized controlled burning UNAUTHORIZED CONTROLLED BURN. RESIDENT WAS ADVISED TO EXTINGUISH FIRE. 09/03/2011 30046 2011-000700 14:59 172 S GOVERNORS BLVD Authorized controlled burning UNAUTHORIZED CONTROLLED BURN. RESIDENT WAS ADVISED TO EXTINGUISH FIRE. 09/04/2011 30046 2011-000701 19:09 402 KESSELRING AVE Building fire Dispatched to a reported working structure fire. I responded from my residence less than 1/2 mile away in the Command Car. Upon location, found a 2-story, single family dwelling with smoke evident from the "C' side. The home owner relates that there was an active fire in the basement and that all subjects were out of the house. Fire could be seen coming through the dryer vent opening. CWVFC Engine 41-1 was first on scene and was sent to the "B" side and directed to take an 1-3/4" attack line to the basement. Engine 4 arrived and was told to ventilate. Ladder 1 arrived on scene and was told to ladder the structure and perform search and rescue. Ladder 2 arrived on scene and was told to secure the utilities. LCVFC Engine 54-4 arrived on scene and was told to make themselves available. E-41-1's crew advised the fire was knocked down. Crews checked for extension and ventilated the smoke from the structure. All utilities were secured (gas, electric,water). The Red Cross was contacted for 1 adult male and 2 adult females. The scene was turned over to Dover FM-5 for his investigation. User: O'Connor, Jr., Michael 09/04/2011 20:35:07 09/05/2011 30046 2011-000702 04:11 213 WESTOVER DR Smoke detector activation due to malfunction Responded to the above address for a smoke detector activation. Crews investigated to find the detectors needed new batteries. Scene was placed under control and all units returned. 09/05/2011 30046 2011-000703 14:50 STATE ROUTE 1 Good intent call, other On arrival vehicle was overheating all units cleared. 09/06/2011 30046 2011-000704 02:35 46 WILLIS RD Good intent call, other RP CALLED BACK TO CANCEL ALARM. ALARM NOT SOUNDING. CANCELLED PER DOVER 15. 09/06/2011 30046 2011-000705 08:10 1700 E LEBANON RD Lock-out Two small children locked in a GMC Envoy. 16 upon arrival, had children out in 30 secs. Both children were 10-1. 09/06/2011 30046 2011-000706 13:51 430 COLLEGE RD 100 Dispatched & canceled en route DSU security called and advised that system was being tested and they forgot to call 09/07/2011 30046 2011-000707 07:15 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional Subject in dorm room W19-3 activated a smoke detector from doing there Hair. Crews completed a walk through of the building with no other findings. Fm 4 was made aware and untis cleared. 09/07/2011 30046 2011-000708 16:31 530 N GOVERNORS AVE Electrical wiring/equipment problem, other DFD responded to the above address in reference to a possible house fire. On arrival, investigation revealed the electrical panel in the basement began smoking and caused smoke conditions in the basement and slightly on the first floor. Crews secured the power and utilized the positive pressure to ventilate the residence. FM4 was on location and the scene was turned over to same. No further action taken. 09/07/2011 30046 2011-000709 19:59 1300 S FARMVIEW DR H Heat from short circuit (wiring), defective/worn CREWS FOUND A HEATING ELEMENT THAT HAD SHORTED OUT IN APARTMENT 39. CREWS SECURED THE POWER TO THE OVEN AND CLEARED.THE FIRE ALARM DID NOT ACTIVATE EVEN THOUGH THERE WAS A HAZE OF SMOKE IN THE APARTMENT. THE ON CALL FM WAS NOTIFIED OF THE PROBLEM. 09/08/2011 30046 2011-000710 03:05 1200 N DUPONT HWY False alarm or false call, other Investigated automatic fire alarm . Found no problems. 09/08/2011 30046 2011-000711 07:52 1001 FORREST AVE Gas leak (natural gas or LPG) Single call for gas leak. 09/08/2011 30046 2011-000712 12:06 32 W LOOCKERMAN ST False alarm or false call, other Crews investigated and found pull station activated on the fourth floor. False alarm . 09/08/2011 30046 2011-000713 23:40 400 N DUPONT HWY A False alarm or false call, other Crews responded and found smoke detector activation with no known reason. Crews cleared with no further action. Date: 10/24/2011 Page: 1 Time:12:02

Date FDID Incident# Alarm ### Address Suite Type 09/09/2011 30046 2011-000714 00:19 430 COLLEGE RD 600 Building fire On arrival found a 4 story apartment building with smoke on the first floor. Crews went in to investigate and found a sprinkler head activation from attended cooking with extension into the cabinets above the stove in the apt. Fire was extinguished by the sprinkler system prior to FD arrival. Crew secured the sprinkler system, checked for additional extension and performed natural horizontal ventilation. Scene turned over to FM 2 and DSU PD. Engine 4 cleared. 09/09/2011 30046 2011-000715 00:29 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional On arrival DSU PD had checked the building and found a burning odor on the 2nd floor which thought was hair. Crews checked the area and confirmed same. Scene turned over to DSU PD. Engine 4 cleared. 09/10/2011 30046 2011-000716 00:34 1030 S GOVERNORS AVE Gas leak (natural gas or LPG) Dispatched to the above location for a possible gas leak. Upon arrival, crews investigated and found a faulty stove unit. The gas supply was shut off to same and the residents were advised to not restore the gas until it has been inspected by a repair technician. User: O'Connor, Jr., Michael 09/10/2011 01:04:27 09/10/2011 30046 2011-000717 14:52 400 HASLET ST System malfunction, other DFD responded to the above location reference to an alarm activation. Crews conducted a check of the building and met with negative findings. No further action taken. 09/12/2011 30046 2011-000718 13:47 2703 FORREST AVE Passenger vehicle fire E7 and E4 responded for report of a car fire at the above location. Upon arrival crews found a dodge stratus with a small fire in the front passenger wheel area due to the vehicle losing a wheel bearing. Charles Harvey was the registered owner of the vehicle. Vehicle was in motion when the fire started, due to this DSP was notified . Crews extinguished the fire and units returned turning the scene over to DSP for same. 09/12/2011 30046 2011-000719 22:16 S LITTLE CREEK RD Outside rubbish fire, other Dispatched for shopping cart on fire, on location, discovered a plastic type shopping cart on fire. on the sidewalk extinguished same, no exposures. 09/14/2011 30046 2011-000720 07:12 101 BABB DR Cooking fire, confined to container Dover Fire was alerted for an automatic fire alarm at the above location. Upon arrival crews found unattended cooking in a toaster in apt 1131. It was contained to same and scene was turned over to maintenance. 09/15/2011 30046 2011-000721 18:45 SAULSBURY RD Passenger vehicle fire DFD responded to the area of Saulsbury Rd b/t Walker Rd and Rt 8, in reference to a vehicle fire. Writer arrived on location first and observed a passenger vehicle with the engine compartment involved, extending into the interior of the vehicle. Engine 3 arrived and placed the front 1 3/4 ' proconnect in service. Crews quickly extinguished the fire, and after that, the scene was turned over to Dover PD. No further action taken. 09/15/2011 30046 2011-000722 23:49 1 W LOOCKERMAN ST Service Call, other Writer responded to above for report of an automatic alarm at above due to someone ripping the pull station off the wall as they were being escorted from the business for being disorderly. Writer contacted the owner Jason Leone who stated the subject had left the area and he did not cause damage to same he simply pulled the pull station as he was exiting. Alarm was reset prior to FD arrival. 09/16/2011 30046 2011-000723 08:25 150 SAULSBURY RD False alarm or false call, other Dover Fire was alerted for report of an automatic fire alarm at the above location. Upon arrival crews investigated and found that the alarm had been reset by maintenance prior to FD arrival. It was set off due to maintenance cutting pipes inside the building. Units cleared . 09/16/2011 30046 2011-000724 11:10 2800 N DUPONT HWY Alarm system activation, no fire - unintentional Responded to the above address for a smoke detector activation in the back of the store. Crew investigated to find workers had set the system off with steam cleaner. Scene was placed under control and E 4 returned. 09/16/2011 30046 2011-000725 15:15 97 COMMERCE WAY 101 Removal of victim(s) from stalled elevator On arrival for a mlae subject in stuck in an a stalled elevator on the second floor. Crew used elevator keys and freed same. No further action. 09/16/2011 30046 2011-000726 15:16 612 N WEST ST Smoke detector activation due to malfunction Occupant turned off the power to her alarm system due to an issue with a smoke detector and activated same. 09/16/2011 30046 2011-000727 20:48 820 CARVEL DR D Cooking fire, confined to container UNATTENDED COOKING APT D-11. NO DAMAMGE. 09/17/2011 30046 2011-000728 14:08 799 Townsend blvd Smoke scare, odor of smoke Single call or smoke coming from the rear of a structure. Caller was a passerby. Reported in the area of 799 Townsend Blvd. Crews handling a cover up for the Convention (Engine 32, Truck 2, Squad 7, and Rescue 3) handled the call. They investigated the area and found nothing. Units cleared, good intent. 09/18/2011 30046 2011-000729 15:51 1407 N DUPONT HWY Alarm system activation, no fire - unintentional Responded to the above address for a AFA. All units arrived on location about the same time. Crews were unable to make entry into the building because none of the keys in the notch box worked. Crews did a walk around of the building from the exterior with negative results. Scene was placed under control and all units returned. 09/19/2011 30046 2011-000730 04:24 1572 N DUPONT HWY Smoke detector activation due to malfunction 09/20/2011 30046 2011-000731 19:02 950 WHATCOAT DR False alarm or false call, other CHILDERN PULLED THE PULL STATION. 09/20/2011 30046 2011-000732 21:54 950 WHATCOAT DR False alarm or false call, other SUBJECTS SMOKING IN THE BASEMENT SET THE ALARM OFF. CAPTAIN HALL COMPLETED A WALK THROUGH WITH KNOW OTHER FINDINGS. 09/21/2011 30046 2011-000733 10:19 209 S STATE ST Smoke detector activation, no fire - unintentional Date: 10/24/2011 Page: 2 Time:12:02

Date FDID Incident# Alarm ### Address Suite Type LIGHT BULB EXPLODED IN THE BUILDING. CREWS COMPLETED A WALK THROUGH OF THE BUILDING AND ISOLATED THE PROBLEM. 09/21/2011 30046 2011-000734 18:42 29 N kirkwood st Building fire DFD responded to 25 N Kirkwood St in reference to a working building fire. Writer arrived and reported a 2 story residential with fire showing from the front of the residence. Engine 4 arrived and established a water supply from the hydrant at Fulton and Kirkwood Sts. The crew from Engine 4 advanced an 1 3/4" preconnect for an interior attack. Ladder 1 arrived and were instructed to advance another preconnect line to the interior for fire supression. As the crews were attacking the fire on the first floor, the scond floor and the attic area became engulfed with fire. Writer (Command) ordered the evacuation of the building and an exterior attack was initiated. Rescue 1 and Engine 6 arrived and their crews assisted with fire supression efforts. After the bulk of the fire was extinguished, writer made the dicision to re-enter the residence and conduct interior operations. Engine 6 and Rescue 1's crews conducted a primary and secondary search of the residence and met with negative results. Crews subsequently extinguished the remaining hot spots and completed an extensive overhaul. The scene was then turned over to the Fire Marshal's office for their investigation. 09/21/2011 30046 2011-000735 18:54 308 KESSELRING AVE Cooking fire, confined to container BROKEN PAN IN THE OVEN. 09/21/2011 30046 2011-000736 19:46 359 MIMOSA AVE Smoke detector activation due to malfunction DEAD BATTERY IN SMOKE DETECTOR. DOVER PD ON SCENE MADE ENTRY PRIOR TO FD ARRIVAL. 09/21/2011 30046 2011-000737 22:57 120 N STATE ST Cooking fire, confined to container UNATTENDED COOKING THIRD FLOOR. 09/22/2011 30046 2011-000738 22:54 907 W. north street Gas leak (natural gas or LPG) DFD responded to the above location in reference to a possible gas leak inside the structure. On arrival, crews conducted a walk through of the residence and met with negative results. No further action taken. 09/23/2011 30046 2011-000739 11:29 1200 N DUPONT HWY False alarm or false call, other Smoke detector activation, unknown reason 09/23/2011 30046 2011-000740 17:50 1371 S. STATE False alarm or false call, other DFD responded to the above address in reference to an alarm activation. On arrival, crews located a detector on the first floor activated. A walk through of the residence was completed and met with negative findings. No further action taken. 09/24/2011 30046 2011-000741 11:44 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional Dover 20 (Troubataris) was enroute to Evers Hall, DSU, in reference to an alarm activation. While responding, Dover dispatch advised DSU security was on location with burnt popcorn and no need for the fire department. Dover 20 cancelled his response and returned. 09/24/2011 30046 2011-000742 21:30 1045 N DUPONT HWY False alarm or false call, other Alarm activation due to construction workers. Call cancelled prior to responding. 09/25/2011 30046 2011-000743 08:24 115 S. NEW STREET False alarm or false call, other FF Osika arrived on location of 111 S New St in reference to an alarm activation. FF Osika conducted a walk through and placed the scene under control. No further action taken. 09/25/2011 30046 2011-000744 09:47 100 HAMAN DR False alarm or false call, other Dover 20 responded to the above address in reference to an alarm activation. Dover dispatch received a call from a resident in the building advising the alarm has been sounding for approximately an hour. Dover 20 arrived and placed the scene under control. Maintenance arrived and silenced / reset the alarm. No further action taken. 09/25/2011 30046 2011-000745 13:05 125 HAMAN DR Cooking fire, confined to container DFD responded to the above address in reference to a possible stove fire. While enroute, dispatch advised that the fire was extinguished but there was light smoke conditions. On arrival, crews from E4 and Ladder 2 noticed the stove had a coil wire broken and was still burning. Crews secured the power to the stove and extinguished the small flame. No further action taken. Building maintenance was unable to be contacted.. 09/25/2011 30046 2011-000746 15:25 1371 S State St False alarm or false call, other DFD responded to the above location in reference to an alarm activation. Crews conducted a walk through of the building and met with negative results. No further action taken. This is the second response for the same activation. 09/25/2011 30046 2011-000747 16:06 222 S DUPONT HWY False alarm or false call, other E4 responded to the above location in reference to an alarm activation. E4 arrived on location and management had already reset the alarm prior to fire department arrival. No action taken. 09/26/2011 30046 2011-000748 15:01 1225 WALKER RD Cooking fire, confined to container BURNT BUTTER ON STOVE. FM 4 RESPONDED. 09/26/2011 30046 2011-000749 15:54 1575 MCKEE RD 102 Alarm system sounded due to malfunction ALARM MALFUNCTION 09/27/2011 30046 2011-000750 15:39 60 CARVER RD Smoke detector activation due to malfunction ALARM MALFUNCTION 09/28/2011 30046 2011-000751 11:20 10 FAIRWAY LAKES DR A Passenger vehicle fire Vehicle fire in the roadway. Meadows development 09/28/2011 30046 2011-000752 18:39 21 S prestwick ct Cooking fire, confined to container Unattended cooking fire contained to container. 09/28/2011 30046 2011-000753 22:04 320 BILLY MITCHELL LN Outside rubbish, trash or waste fire HOODIE ON FIRE. FIRE OUT ON ARRIVAL. 09/28/2011 30046 2011-000754 23:35 1200 N DUPONT HWY Smoke detector activation due to malfunction MALFUNCTIONING SMOKE DETECTOR 46C. Date: 10/24/2011 Page: 3 Time:12:02

Date FDID Incident# Alarm ### Address Suite Type 09/29/2011 30046 2011-000755 09:36 211 N NEW ST Alarm system sounded due to malfunction 09/29/2011 30046 2011-000756 19:46 1131 N DUPONT HWY Good intent call, other WHILE CHECKING THE DOVER DOWNS AREA B9 SPOTTED A SMALL FIRE IN A TREE. B9'S CREW WET DOWN THE AREA AND CLEARED. 09/30/2011 30046 2011-000757 09:37 263 N DUPONT HWY False alarm or false call, other CREWS CONDUCTED A WALK THROUGH OF THE BUILDING WITH NEGATIVE RESULTS. THE ALARM SYSTEM CONTIUED TO MALFUNCTION WHILE DFD WAS ON SITE. FM 1 PUT THE SYSTEM ON TEST AND ALL UNITS CLEARED. 09/30/2011 30046 2011-000758 12:13 101 SILVER LAKE DR Gas leak (natural gas or LPG) Gas leak outside discovered by HVAC technition. CU arrived on scene and found a leak in the charlie side piping. Gas was shut down and scene was turned over to C Utilities. 09/30/2011 30046 2011-000759 15:21 631 RIDGELY ST Smoke detector activation due to malfunction Smoke detector activation in suite 302. Unfounded, building placed on fire watch 09/30/2011 30046 2011-000760 16:28 1001 WHITEOAK RD BLDG M Cooking fire, confined to container 09/30/2011 30046 2011-000761 21:32 N.Dupont Highway No incident found on arrival at dispatch address No incident found. Units cleared. 09/30/2011 30046 2011-000762 21:42 271 N DUPONT HWY Building fire On arrival contacted the manager who advised there was an odor of smoke in the building and she stated it was coming from the electrical room. Crews checked same and found the electrical wires were smoking and melting together on the in coming electrical wires from the city into the main breaker of the restaurant. Management advised they have been having issues since Thursday. City Electric was contacted and responded. The building was evacuated and City Electric disconnected the power to the building at the pole. Scene was turned over to City Electric and FM -1. All units cleared. Total Incidents: 69

FY 11-12 City Funded Account Balance Sheet ACCOUNT BUDGET SPENT BALANCE Apparatus Repairs & Maintenance $ 62,000.00 $ 32,117.00 $ 29,883.00 Gasoline $ 19,050.00 $ 3,623.99 $ 15,426.01 Medical Supplies $ 700.00 $ 700.00 Other Equipment Repairs $ 3,000.00 $ 3,000.00 Program Expenses $ 36,630.00 $ 6,998.40 $ 29,631.60 Radio Repairs $ 2,000.00 $ 2,000.00 Safety & Security $ 2,150.00 $ 474.15 $ 1,675.85 Small Tools $ 4,800.00 $ 2,477.80 $ 2,322.20 Uniforms & Firefighting Gear $ 26,100.00 $ 15.30 $ 26,084.70 Building Expenses- Electricity $ 51,820.00 $ 15,207.75 $ 36,612.25 Building Maintenance Supplies $ 1,650.00 $ 1,650.00 Heating Expenses- Gas $ 20,000.00 $ 299.11 $ 19,700.89 Telephone $ 20,340.00 $ 1,928.61 $ 18,411.39 Water & Sewer $ 3,150.00 $ 299.24 $ 2,850.76 Contractual Services $ 16,587.00 $ 16,587.00 Training & Travel $ 8,815.00 $ 1,716.00 $ 7,099.00 Pension $ 3,500.00 $ 3,500.00 Office Supplies $ 2,500.00 $423.84 $ 2,076.16 Balance as of: 09/30/2011

4:56 PM Robbins Hose Company # 1, Inc. 10/22/11 Profit & Loss Detail Accrual Basis September 2011 Type Date Num Name Memo Clr Split Amount Balance Ordinary Income/Expense Expense Apparatus Repairs & Maintenance Check 9/4/2011 486 Atlantic Emergency ... MOR1244MOP City Fund Acco... 346.94 346.94 Check 9/4/2011 486 Atlantic Emergency ... MOR1438MOP City Fund Acco... 751.72 1,098.66 Check 9/4/2011 486 Atlantic Emergency ... MOS0849P City Fund Acco... 134.58 1,233.24 Check 9/4/2011 486 Atlantic Emergency ... MOR1351-A... City Fund Acco... 1,798.50 3,031.74 Check 9/4/2011 486 Atlantic Emergency ... MOS0844P City Fund Acco... 161.04 3,192.78 Check 9/26/2011 495 Atlantic Emergency ... MOR1542-AM0 City Fund Acco... 114.42 3,307.20 Check 9/26/2011 495 Atlantic Emergency ... MOR1397MOP City Fund Acco... 1,847.01 5,154.21 Check 9/26/2011 495 Atlantic Emergency ... MOR1539MOP City Fund Acco... 303.64 5,457.85 Check 9/26/2011 495 Atlantic Emergency ... MOR1359MOP City Fund Acco... 1,976.02 7,433.87 Check 9/26/2011 495 Atlantic Emergency ... MOR1394MOP City Fund Acco... 9,280.48 16,714.35 Check 9/26/2011 495 Atlantic Emergency ... MOR1395MOP City Fund Acco... 240.00 16,954.35 Check 9/26/2011 495 Atlantic Emergency ... MOR1363-AM0 City Fund Acco... 7,896.64 24,850.99 Check 9/26/2011 495 Atlantic Emergency ... MOR1517MOP City Fund Acco... 347.10 25,198.09 Check 9/26/2011 496 Atlantic Emergency ... MOR1349MOp City Fund Acco... 437.95 25,636.04 Check 9/26/2011 496 Atlantic Emergency ... MOR1476MOP City Fund Acco... 44.00 25,680.04 Check 9/26/2011 496 Atlantic Emergency ... MOR1477MOP City Fund Acco... 66.00 25,746.04 Check 9/26/2011 497 Carl King Tire Comp... Doc # 302496 City Fund Acco... 80.00 25,826.04 Check 9/26/2011 501 Municipal Emergenc... Emergency Li... City Fund Acco... 1,339.96 27,166.00 Check 9/26/2011 503 Townsend Bros. Ch... Car 15 Serviced City Fund Acco... 92.10 27,258.10 Total Apparatus Repairs & Maintenance 27,258.10 27,258.10 Electricity Check 9/4/2011 487 City of Dover Sta 1- 7/29 to ... City Fund Acco... 4,247.72 4,247.72 Check 9/11/2011 493 City of Dover Acct-44255-3... City Fund Acco... 893.26 5,140.98 Check 9/11/2011 493 City of Dover Acct-44253-3... City Fund Acco... 38.66 5,179.64 Total Electricity 5,179.64 5,179.64 Gasoline Check 9/4/2011 487 City of Dover Diesel- 1853.... City Fund Acco... 2,172.13 2,172.13 Total Gasoline 2,172.13 2,172.13 Heating Expenses- Gas Check 9/11/2011 492 Chesapeake Utilities Acct-01-7234... City Fund Acco... 70.39 70.39 Check 9/11/2011 492 Chesapeake Utilities Acct-01-3005... City Fund Acco... 48.74 119.13 Total Heating Expenses- Gas 119.13 119.13 Office Supplies Check 9/4/2011 487 City of Dover July Postage City Fund Acco... 23.66 23.66 Check 9/27/2011 505 Staples Acct # 6035 5... City Fund Acco... 18.68 42.34 Total Office Supplies 42.34 42.34 Page 1

4:56 PM Robbins Hose Company # 1, Inc. 10/22/11 Profit & Loss Detail Accrual Basis September 2011 Type Date Num Name Memo Clr Split Amount Balance Program Expenses Check 9/4/2011 485 Atlantic Emergency ... Invoice- EOS... City Fund Acco... 3,648.00 3,648.00 Check 9/4/2011 489 Witmer Public Safety Invoice-11412... City Fund Acco... 110.16 3,758.16 Check 9/4/2011 489 Witmer Public Safety Invoice- 1208... City Fund Acco... 22.00 3,780.16 Check 9/4/2011 489 Witmer Public Safety Invoice- 1141... City Fund Acco... 292.80 4,072.96 Check 9/4/2011 490 Magnum Invoice-28276 City Fund Acco... 18.00 4,090.96 Check 9/4/2011 490 Magnum Invoice- 27711 City Fund Acco... 98.00 4,188.96 Check 9/4/2011 490 Magnum Invoice- 28080 City Fund Acco... 8.40 4,197.36 Check 9/26/2011 499 ESI Equipment, Inc. Holmatro Res... City Fund Acco... 1,750.00 5,947.36 Check 9/26/2011 504 Witmer Public Safety MSA Meters ... City Fund Acco... 101.83 6,049.19 Total Program Expenses 6,049.19 6,049.19 Radio Repairs Check 9/26/2011 500 Magnum Invoice # 27046 X City Fund Acco... 0.00 0.00 Check 9/26/2011 500 Magnum Invoice # 28519 X City Fund Acco... 0.00 0.00 Total Radio Repairs 0.00 0.00 Safety & Security Material Check 9/26/2011 494 ATCO International Invoice 10322... City Fund Acco... 143.15 143.15 Check 9/26/2011 498 Delaware Fire & Saf... Refill Extingui... City Fund Acco... 331.00 474.15 Total Safety & Security Material 474.15 474.15 Small Tolls Check 9/4/2011 485 Atlantic Emergency ... Invoice- EOS... City Fund Acco... 868.00 868.00 Check 9/4/2011 491 Rommel's ACE Acct # 718379 City Fund Acco... 78.16 946.16 Check 9/26/2011 502 Municipal Emergenc... Invoice # 002... City Fund Acco... 492.69 1,438.85 Check 9/26/2011 502 Municipal Emergenc... Invoice # 002... City Fund Acco... 732.70 2,171.55 Total Small Tolls 2,171.55 2,171.55 Telephone Check 9/4/2011 487 City of Dover Verizon and C... City Fund Acco... 767.20 767.20 Total Telephone 767.20 767.20 Uniforms Check 9/4/2011 488 Dover Army-Navy St... Invoice-18479... City Fund Acco... 15.30 15.30 Total Uniforms 15.30 15.30 Water/Sewer Check 9/4/2011 487 City of Dover City Fund Acco... 94.25 94.25 Check 9/4/2011 487 City of Dover City Fund Acco... 11.54 105.79 Total Water/Sewer 105.79 105.79 Total Expense 44,354.52 44,354.52 Net Ordinary Income -44,354.52 -44,354.52 Net Income -44,354.52 -44,354.52 Page 2

PETITION TO AMEND SUBDIVISION REGULATIONS TEXT Report to the Dover Planning Commission November 14, 2011 Proposed Change: Amendment to Subdivision Regulations, Article VII –Special Provisions, to create a new Section B – Homeowners Associations Summary of Amendment: City Council and many residents of the City have expressed concerns about the state of several subdivisions that have gone inactive. This had led to infrastructure that is incomplete and not dedicated to the City and lack of maintenance of the private common areas (stormwater management areas and common open space) by homeowners associations. City Council assigned this issue to staff to develop a list of the problems and potential solutions related to the maintenance of development projects that are incomplete. On January 24, 2011, staff presented a report to the Utility Committee, who in turn ranked the problems and instructed staff to address the three top-ranked problems. This ordinance addresses Problem #4 from the report, “Stormwater/Passive Open Space Not Being Maintained”. The Zoning Ordinance requires that private open spaces within residential development be turned over and maintained by a homeowners association. In many locations, the homeowners association was developed, land is owned by the homeowners association, and yet the property is not being maintained. The City receives complaints about the lack of maintenance. If the City expends funds to maintain these areas, there is no mechanism to recover the funds. The City does not have the resources to maintain these areas without receiving payment to do so. The proposed ordinance would amend the Subdivision Regulations and require that homeowners associations be formed, membership mandatory, and that they assume and continue the maintenance responsibilities for the common open space, including the stormwater management areas, passive open space, and active recreation areas. If the City needs to perform maintenance of these areas due to code violations not addressed by the homeowners association, the City could bill the property owners of the lots within the subdivision to recover costs, and place these charges on the tax bill of these property owners. Planning Commission Recommendation: Following discussion by the Planning Commission at their meeting on October 17, 2011, the Planning Commission voted unanimously (six members voting yes and three members absent) to recommend approval of the proposed ordinance. Ordinance Number: 2011-15

File Number: MI-11-07 Attachments: Excerpt from DRAFT Minutes from Planning Commission meeting of October 17, 2011 DAC Agency Reports Dover Private Open Space Inventory Minutes from Utility Committee Meeting of January 24, 2011 Memo of January 3, 2011 to Utility Committee

Excerpt from DRAFT Minutes from Planning Commission Meeting of October 17, 2011 Page 1 MI-11-07 Text Amendment: Revisions to Article VII of the Land Subdivision Regulations regarding Homeowners Associations – Review for Recommendation to City Council on a series of Amendments to the Land Subdivision Regulations, Appendix A – Subdivisions, Article VII – Special Provisions by re-lettering Section B as Section C and adding a new Section B. Homeowners Associations. The proposed ordinance clarifies the requirements and responsibilities of existing and new homeowners associations in regards to open space/common areas and allows the City to complete delinquent maintenance responsibilities not performed by the homeowners associations and to bill the property owners for the incurred costs. Ordinance #2011-15. Representative: None Mrs. Townshend stated that this is a proposed amendment to the Subdivision Regulations, Article VII Special Provisions, which would create a new section regarding Homeowners Associations. Currently, Article 5 Section 10 of the Zoning Ordinance already requires that in areas that have required open space that a Homeowners Association be formed and membership mandatory. This text amendment would reinforce that within the Subdivision Ordinance and then go a step further. In the case where a Homeowners Association is not functioning or maintaining the open space that is part of their charge, it would allow the City to address Code violations such as tall grass, if there are issues with the stormwater management facility, and dead trees if there is wooded open space. It would allow us to correct the problem and bill back to the homeowners in the subdivision through their individual tax bills the cost of that maintenance. We are finding more and more that Homeowners Associations are having a very hard time existing. A lot of property owners do not pay their dues. In some cases, the Homeowners Associations have never been active and the City gets calls when the grass gets high asking when we are going to come cut the grass. If we are going to have someone cut the grass, then the reality is that it is the Homeowners Association that is supposed to do that. This has become a real problem with the number of subdivisions that have not reached completion and where land was never turned over to the Homeowners Associations. We suspect that Homeowners Associations are not formed as they are supposed to be and anticipate this being a growing problem. Mrs. Townshend further stated that this does not necessarily solve the problem; however, allows us to be able to recover the costs if we have to go in and maintain areas. As an example, and this is not one that would be covered by this because it is one of the ones where the open space was never turned over; however, we have had to cut some of the common open space in the Village of Cannon Mill in the last year and it is around $1,000 every time we have to cut it. Those kinds of charges will eat up our Code Enforcement budget and then we would have no way to recover the costs. Mrs. Townshend further stated that the Subdivision Ordinance does not required that things come before the Planning Commission when it is proposed that they be amended; however, because the Planning Commission oversees the land development process and Land Subdivision Regulations govern the land development process, Staff made the recommendation that this be sent through the Planning Commission for a recommendation to City Council. Mr. Holt questioned, as he does belong to a Homeowners Association, will you be able to do any kind of warning like a two (2) or three (3) weeks warning notice before you have to take action which may let the Homeowners Association see if someone in that group would want to pitch in together to get the job done before you have to step in? Responding to Mr. Holt, Mrs. Townshend stated that the short answer is yes. The challenge that we have is that the violation

Excerpt from DRAFT Minutes from Planning Commission Meeting of October 17, 2011 Page 2 notice would go to whatever the address is on the tax rolls for the Homeowners Association. In some cases, it goes to someone who was the President when they first took over ten (10) years ago and now no longer lives at that address. We do send notice to the address of record for the Homeowners Association; however, we do not necessarily have an updated address and cannot be sure who is getting it and what they would do with it. Colonel Welsh questioned that he is assuming that the City Solicitor has taken a look at this? Responding to Colonel Welsh, Mrs. Townshend stated that yes, he has. Colonel Welsh further questioned that he is curious as to how we can make membership in Homeowners Associations mandatory and what method we have to enforce that? Responding to Colonel Welsh, Mrs. Townshend stated that the way that we enforce it is through the deed restrictions which we review before the subdivision is recorded. It has been mandatory under the Zoning Ordinance since the early 1990’s. It has been on the books; however, it has not been in the Subdivision section from a functional standpoint of individual lots with common open space this is a subdivision issue. When property owners buy into a subdivision, they are made aware of the deed restrictions and they agree to them. When the conditional approval of the development is that the Homeowners Association be formed and the membership mandatory, that becomes part of the deed restrictions that gets recorded. Colonel Welsh further questioned if it is the City Ordinance that directs the membership as mandatory? Responding to Colonel Welsh, Mrs. Townshend stated that yes it is. Colonel Welsh further questioned how the City would enforce that? Let’s say you have a Homeowners Association with 30 homes and there are two (2) people who are saying they are not going to pay their dues. Responding to Colonel Welsh, Mrs. Townshend stated that we cannot necessarily enforce the membership mandatory portion; however, what we can do is if we have to incur costs, we can bill it to all the homeowners. This is a problem throughout the State where Homeowners Associations were formed to manage common areas in residential developments most significant of which is the stormwater management. In the State stormwater management regulations, as they are implemented through the Kent Conservation District, rely heavily on the Homeowners Associations. Through the approval processes, we have delegated that role to the Homeowners Associations and it is now starting to catch up with us. Colonel Welsh further stated that the Homeowners Associations bill for what the City has to come in and do or contracts someone else to come in and do the work. Responding to Colonel Welsh, Mrs. Townshend stated that each property owner would be billed. Colonel Welsh further stated that if he were a property owner and a member of the Homeowners Association and the issue is not on his property then the issue is on the portion of open space. For instance, where he lives, he has a drainage ditch that the City comes out a couple of times during the summer and cuts. If this were to be the responsibility of the stormwater management of the Homeowners Association and he as a conscientious homeowner went out there with a weed whacker and lawnmower and takes care of all of the stuff that is on his side of the drainage ditch; however, the person on the other side does not do anything, why would he be a part of the billing process because this person failed to do his area? Responding to Colonel Welsh, Mrs. Townshend stated Foxhall would not be affected by this because the common areas are City owned; but, in areas where the common area are privately owned, they are collectively owned by all of the property owners and are the collective responsibility of the property owners. The only other way to do it is to have the City assume that

Excerpt from DRAFT Minutes from Planning Commission Meeting of October 17, 2011 Page 3 burden and from a budget standpoint, we simply could not do that. The Town of Smyrna has this type of Ordinance on their books so we did look at that before developing this. Mr. Ambruso stated that he belongs to an Association as a property owner outside the City. With issues, this Civic Association places liens on properties for non-payment. There was no public hearing required for the text amendment. Colonel Welsh moved to forward a recommendation of approval to City Council for MI-11-07 Text Amendment: Revisions to Article VII of the Land Subdivision Regulations regarding Homeowners Associations, seconded by Mr. Baldwin and the motion was unanimously carried 6-0 with Mr. Tolbert, Mr. Nichols and Mr. Friedman absent.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 28, 2011 APPLICATION: TEXT AMENDMENTS: REVISIONS TO ARTICLE VII OF THE LAND SUBDIVISION REGULATIONS REGARDING HOMEOWNERS ASSOCIATIONS FILE #: MI-11-07 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / WATER / WASTEWATER 1. Our office has no objections to the proposed amendments. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE D E APPLICATION REVIEW COMMENTARY L D.A.C. MEETING DATE: October 5, 2011 D O T APPLICATION: Text Amendment: Revisions to Article VII of the land Subdivision Regulations Regarding Homeowners Associations. FILE#: MI-11-07 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. The Department has no comments. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

Dover Private Open Space Inventory October 5, 2011 Name Dedicated? Open Space Owner Comments Acorn Farms Yes ACORN FARMS LTD. Open space and HOA functions are the responsibility of Cannon Mill the developer until the subdivision is dedicated and the No MOORE-CANNON MILL LLC HOA turned over to the homeowners. Open space and HOA functions are the responsibility of Clearview Meadow the developer until the subdivision is dedicated and the No FIRST DEVELOPMENT GROUP LLC HOA turned over to the homeowners. Cranberry Run Yes CRANBERRY RUN MAINTENANCE CORP Open space and HOA functions are the responsibility of Eden Hill Farm the developer until the subdivision is dedicated and the No HILL FARM ASSOCIATES LLC HOA turned over to the homeowners. Open space and HOA functions are the responsibility of Emerald Pointe the developer until the subdivision is dedicated and the No EMERALD POINTE INC HOA turned over to the homeowners. Farthing Woods No ASHBURN HOMES INC HOA has been inactive since initial formation. Residents frequently call the City for maintenance of areas that are Four Seasons HOA responsibility. Private open space on delinquent tax list. A builder who owns multiple lots has been Yes FOUR SEASONS HOMEOWNERS ASSOC maintaining the grass in the open areas. Fox Hall West Addition Yes FOX HALL WEST ADDITION The Greens of Dover Yes THE GREENS TOWN MEETING ASSOC The Hamlet Yes HAMLET HOMES ASSOCIATION HOA owns pool and tennis courts. Hidden Creek Yes HIDDEN CREEK HOMEOWNERS Open space and HOA functions are the responsibility of Lexington Glen the developer until the subdivision is dedicated and the No LEXINGTON GLEN INC HOA turned over to the homeowners. 1

Dover Private Open Space Inventory October 5, 2011 Maple Glen Yes MAPLE GLEN HOMEOWNERS HOA is active. Marsh Creek Yes PRESIDENTIAL ASSOC Meadows at Dover Yes MEADOWS HOMEOWNERS ASSOC INC Open space and HOA functions are the responsibility of Nottingham Meadows the developer until the subdivision is dedicated and the No STOVER HOMES LLC HOA turned over to the homeowners. Oak Shadows Yes OAK SHADOWS CONDO COUNCIL INC Open space and HOA functions are the responsibility of Patriot Village the developer until the subdivision is dedicated and the No CRAFT BUILT HOMES LLC HOA turned over to the homeowners. Persimmon Park Place Yes PERSIMMON PARK PLACE Condominium Association serves as the HOA. The Overlook on Silver Lake Yes THE OVERLOOK ON SILVER LAKE Seskinore Yes SESKINORE HOME BUILDERS, INC Silver Lake Townhouses Yes SILVER LAKE PROPERTIES LLC Stoney Creek Yes COUNTRY LIVING HOMES LLC Turnberry Yes TURNBERRY MAINTENANCE ASSOC Phases I-V HOA has responsibility for open space in Phases I-V. HOA Village of Westover Dedicated - is currently functioning; however, many owners do not Phase VI WESTOVER LLC pay their dues, and long-term viability of HOA and Undedicated VILLAGE OF WESTOVER HOMEOWNERS maintenance of open space is a concern. Westfield Yes WESTFIELD MAINTENANCE CORP 2

Excerpt from Utility Committee Minutes of January 24, 2011 Page 1 of 2 Development Projects - Performance and Maintenance Bonding Concerns During their meeting of January 10, 2011, members were advised that, as part of a shared performance goal, the City Manager, the Public Services Manager, and the Director of Planning and Community Development conducted a series of four (4) internal meetings to brainstorm various ideas to address concerns raised about performance and maintenance bonding in subdivisions, site plan compliance, ensuring the functionality of homeowners’ associations (HOAs), and other development project issues. As a result of these meetings, which were held in October, November, and December of 2010, he stated that eight (8) specific issues/concerns were identified. Members requested that staff provide the list of Development Projects to members for their review and prioritization to be considered by the Committee during their next meeting. Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that he, Mr. Ruane, Mr. McGiffin, Mrs. Townshend, and Mr. DePrima ranked the projects and written comments were submitted by Major Kosior. He stated that the highest-ranked projects are as follows: 1) Problem #2 - Some projects are partially built and the construction or the site work has been abandoned. 2) Problem #5 - Nuisance issues such as maintenance of buildable lots with homes, partially complete homes, partially complete subdivisions, roll-off trash containers for construction debris, soil stockpiles, and material storage areas are degrading the overall quality of various subdivisions (in both dedicated and undedicated subdivisions). 3) Problem #4 - Stormwater / Passive Open Space – Not Being Maintained. Mr. Koenig stated that these three (3) problems ranked significantly higher than the others, based on the feedback received. Staff recommended that a timeline be developed to begin resolving the three (3) highest-ranked problems and that recommendations be developed in the form of proposed ordinances or procedural amendments to be presented to the Committee for review. Responding to Mr. Ruane, Mr. Koenig advised members that administrative action is being taken on all problems and assured members that the goal is to resolve them. With regards to snow removal (Problem #7) at Nottingham Meadows, Mr. Koenig stated that the bank has hired a contractor to oversee both the “punch list items” and snow removal for this season at Nottingham Meadows. He stated that the developers or the banks are hiring contractors for removal of snow in other abandoned areas; therefore, he assured members that, to his knowledge, all undedicated developments have some method of snow removal in place during the current winter season. At the request of Mr. Ruane, Mr. Koenig read the comments submitted by Major Kosior in response to Mr. Koenig’s memorandum of January 3, 2011, Subject: Development Projects – Performance and Maintenance Bonding Concerns (Attachment #3 - Major Kosior’s comments are depicted in

Excerpt from Utility Committee Minutes of January 24, 2011 Page 2 of 2 red font). Council President Hogan stated that he had prepared a ranking, apologized for not submitting it to staff, and noted that he also ranked Problem #2 as the top priority. Mr. McGiffin moved to recommend acceptance of the designation of Problems #2, #5, and #4 as the highest-ranked concerns related to Development Projects - Performance and Maintenance Bonding, with the expectation that a timeline would be developed to begin resolving these problems, as recommended by staff. The motion was seconded by Mr. Snaman and unanimously carried.

Memorandum Public Services Manager P. O. Box 475 City Hall/ The Plaza Dover, Delaware 19903-0475 Phone: (302) 736-7026 Fax: (302) 736-7177 E-mail:skoenig@dover.de.us TO: Utility Committee Members FROM: Scott D. Koenig, P.E., Public Services Manager Anthony J. DePrima, AICP, ICMA-CM, City Manager Ann Marie Townshend, AICP, Director of Planning & Community Development DATE: January 3, 2011 SUBJECT: Development Projects – Performance & Maintenance Bonding Concerns As part of a shared performance goal, the City Manager, the Public Services Manager and the Director of Planning & Community Development conducted a series of four (4) internal meetings to brainstorm various ideas regarding concerns raised about Performance & Maintenance Bonding in subdivisions, site plan compliance, ensuring the functionality of homeowners associations (HOAs), and other development project problems. These meetings were held in October, November and December of 2010. Eight (8) specific problems/concerns were identified. Each problem is listed below along with one or more suggestions to improve the area of concern. Problem #1 – Active Recreation Areas in some Subdivisions / Site Plans (Apartments) are not being completed in proportion to the lots constructed. Article 5, Section 10.6 of the Zoning Ordinance is weak and difficult to enforce. It is difficult to build the recreation areas in proportion to the lots / building permits, as specified by code; therefore, an alternative solution must be developed. Possible Solutions: 1. Require specific phasing plan for the Active Recreation Plan. 2. Require a Performance Bond / Letter Of Credit (LOC) equal to 150% of the value (or add the active recreation improvements to current infrastructure LOC). LOC is preferred over a bond as the LOC creates more leverage. Note: A Code amendment is required to accomplish this.

Problem #2 – Some projects are partially built and the construction or the site work has been abandoned. (Examples: Enterprise Business Park, Tall Pines, Dove View) Possible Solutions: 1. Fund a Demolition Reserve that can be sustained with monies collected from liens and be used to demolish or safely seal construction. 2. Amend Tall Grass & Weed Ordinance (Chapter 114, Article II) to allow the City to regrade or restore the property and place a lien against the property to collect the costs. 3. Amend state law for Demolition Liens to allow for the City to recover costs through sheriff’s sale. 4. A Dangerous Building (DB) declaration accelerates tax sale (for delinquent taxes). This is an administrative action that is already in place. Problem #3 – Failure of HOA to take over initial responsibilities or HOA does not form or stay formed and therefore fails to function. Common Areas are not maintained. (Example: Four Seasons) Possible Solutions: 1. Amend assessment section of the code to allow city to bill and lien individual property owners for the common areas that the City is forced to maintain. 2. Amend subdivision ordinance to require an escrow start up account so HOA is capitalized from the beginning. 3. Buyers somehow are notified and certify / acknowledge that they are required to be part of the HOA and that there are maintenance responsibilities for which the HOA is responsible. Possible venues could include requiring that information be posted conspicuously in model homes or the City could send a letter after real estate transfer tax is received. 4. Require developer to meet guideline to turn over HOA at 75% of the initial phase of the development. - City could facilitate initial HOA meeting – Notice, Public Meeting at City Hall, City representative in attendance - Ensure elected official in attendance. 5. Amend subdivision ordinance to include a specific turnover requirement. 6. Amend subdivision ordinance to require a Certified Management Agency. Problem #4 – Stormwater / Passive Open Space – Not Being Maintained Possible Solutions: 1. Amend sections of the code addressing special assessment (Chapter 94) and/or amend tall grass and weeds (Chapter 114) to allow staff to hire contractors to maintain the passive open space and/or stormwater management areas and bill the property owners (developer or individual owners) and place a lien against the property to recover costs. 2. Create a Limited Stormwater Utility  Unilateral authority to take over facilities that are not being maintaned  Start with new developments

Problem #5 – Nuisance issues such as maintenance of buildable lots with homes, partially complete homes, partially complete subdivisions, roll-off trash containers for construction debris, soil stockpiles and material storage areas are degrading the overall quality of various subdivisions (in both dedicated and undedicated subdivisions). Possible Solutions: 1. Require an upfront agreement and escrow deposit from the developer of the subdivision ($1,000 / lot) to address these issues if they arise. 2. Provide incentives to dedicate infrastructure – Bill developer for Street Light operating costs and pump station maintenance until subdivision is dedicated. Problem #6 – Sidewalk network not complete and the developer wants to dedicate the rights-of-way and infrastructure. Possible Solutions: 1. Require all sidewalk construction to be complete prior to dedication. This position would maintain the status quo. 2. Add option that developer can go to Safety Advisory & Transportation Committee with a special Letter of Credit for the uncompleted sidewalks on the streets to be dedicated. The uncompleted sidewalks are associated with lots that have not had building permits issued as of that date. Potential enhancement to this option is to require a Public Hearing with notice to all residents and/or property owners in the development. Problem #7 – Snow Removal on uncompleted and/or undedicated streets represents a serious service delivery problem for the City of Dover and residents in these areas. Possible Solutions: 1. Require a maintenance escrow to be set up by the developer that can be used for snow and ice removal. 2. Require a signed contract between the developer and a private contractor responsible for snow removal be shared with the City. Problem #8 – The City does not provide a full range of services on undedicated streets since they are considered private property. (i.e. – snow removal, street sweeping, speed enforcement) Possible Solutions: 1. Earlier dedication – city would accept dedication of uncompleted streets and follow up with completion of the infrastructure on a designated time line identified in the dedication action. 2. Require more extensive maintenance agreement with longer time period for coverage.

Based upon the above information, staff is proposing the following next steps: 1) Staff would like to receive feedback from members of the Committee and Council on the possible solutions presented above as well as other items you would like to consider to address the identified problems. 2) Prioritize the problems listed above. 3) Prepare a timeline to address the problems in priority order. 4) Hold focus group with stakeholders (HOAs, Civic Associations, Civic Leaders, the development community, KCD) 5) Develop ordinances / charter amendments / administrative changes If you have any questions, please contact me. SDK/sdk

FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2011-15 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Appendix A - Subdivisions, Article VII - Special Provisions, be amended by re-lettering Section B - 4 Severability, as Section C and inserting a new Section B - Homeowners’ associations, to read as follows: 5 B. Homeowners’ associations. 6 1. Creation of homeowners’ association. The owner and/or developer shall create a homeowners’ 7 association for the proposed development where private open space and stormwater management 8 facility ownership and maintenance responsibility exist. The homeowners’ association shall be 9 organized and established as a legal entity prior to or as a part of the final plat approval and 10 recording process and all documents related to the homeowners’ association shall be submitted 11 in draft form at the time of application for the subdivision plan review (whether minor or major). 12 Such documents shall be acceptable to the city as a condition of subdivision plan approval. 13 2. Legal documents recorded. The owner and/or developer should pay for the preparation of the 14 legal document necessary to create the association, have same approved by the city solicitor and 15 council and record same in the recorder of deeds office for Kent County. 16 3. Maintenance of property of the homeowners’ association. The legal documents prepared will 17 give the city the authority to require the homeowner's association to perform routine maintenance 18 and minor/major repairs as necessary to keep the property in good condition, and eliminate any 19 health or safety issues. 20 If the homeowners’ association does not respond to a notice of violation from the city regarding 21 maintenance within 14 calendar days of the date of such notice, the city shall have the right to 22 perform the work itself or hire a contractor to perform the work and assess each property owner 23 of the homeowners’ association and/or each owner of property within the final plat for the 24 subdivision a fee to recover its cost. Such fee shall include an administrative charge equal to 15% 25 of the cost of the work performed. This fee will be added to the real estate tax bill as a special 26 assessment to these lot owners. 27 4. Homeowners’ association requirements. If the applicant is required to establish a homeowners’ 28 association for purposes of ownership and maintenance of common areas, common facilities 29 and/or open spaces, such association documents shall require, at minimum: 30 (a) Mandatory membership. All owners of property within the subdivision must be members 31 of the homeowners’ association. The members of the homeowners’ association shall share 32 equitably in the costs of maintaining all open space, common areas and facilities, recreation 33 areas and facilities, and stormwater management areas and facilities which are not accepted 34 by the city in writing in accordance with the provisions of all deed restrictions and 35 maintenance agreements, all applicable property maintenance codes, all record plan notes, 36 and in accordance with procedures established by the homeowners’ association. The deed

Proposed Ordinance #2011-15 - Appendix A, Article VII - Special Provisions Page 2 37 restrictions shall require, at minimum, that the costs of such maintenance shall be collectable 38 from the owner of the lot(s) to which such costs are assessed; and that such costs shall be and 39 constitute a lien upon such lot(s). 40 (b) Responsibilities. The homeowners’ association shall be responsible for all maintenance, 41 insurance, taxes, fees, and other burdens customary to the ownership of real property and all 42 improvements and construction thereon, including, but not limited to all recreation amenities, 43 walkways, storm water facilities, ponds, landscaping, and other facilities not owned or 44 accepted by the City of Dover. 45 (c) Deed restrictions. Restrictive covenants shall provide that in the event the association fails 46 to maintain the common areas, common facilities, and open areas according to the adopted 47 codes of the City of Dover, in accordance with the recorded plan, and in accordance with the 48 requirements of recorded restrictions, the city may: 49 (1) Demand that the deficiency of maintenance be corrected. If the homeowners’ association 50 shall fail to correct the deficiency, after reasonable notice, the city may enter the common 51 area to inspect and correct the deficiency. The cost of such maintenance shall be charged 52 to the association in accordance with the provisions of subsection (B)(3) - Maintenance 53 of property of the homeowners’ association. 54 5. Homeowners’ association reporting responsibilities. Each homeowners’ association established 55 pursuant to Appendix A, Subdivisions shall, not later than December 31 of each year, provide 56 to the City Clerk of the City of Dover a listing of the officers of such homeowners’ association, 57 including their addresses and telephone numbers, and the date of the annual meeting. The 58 homeowners’ association shall list the terms of office of each officer and the date of the annual 59 election. The homeowners’ association shall provide the name, address, phone number and 60 contact information for any firm providing services on behalf of or acting as agent for the 61 homeowners’ association in carrying out its responsibilities. 62 BE IT FURTHER ORDAINED: 63 That the provisions of this ordinance shall be in effect upon its adoption and shall apply to all existing 64 subdivisions where the homeowners’ association has maintenance responsibilities for open space and 65 stormwater management areas. The city manager shall send a letter to all property owners within the City 66 of Dover who have homeowners’ association maintenance responsibilities under this ordinance informing 67 them of these responsibilities and the City's right to bill property owners within the homeowners’ association 68 for any maintenance performed by the City of Dover due to lack of maintenance on the part of the 69 homeowners’ association. 70 BE IT FURTHER ORDAINED: 71 That all homeowners’ associations with maintenance responsibilities for open space and stormwater 72 management areas that existed prior to the adoption of this ordinance shall report to the city manager by 73 December 31, 2011 those items required in subsection (B)(5) - Homeowners’ Association Reporting 74 Responsibilities.

Proposed Ordinance #2011-15 - Appendix A, Article VII - Special Provisions Page 3 75 SYNOPSIS 76 The proposed amendment would clarify the requirement that developers of subdivisions with 77 common open space, including active recreation areas, woodlands, and stormwater 78 management areas, form homeowners’ associations where membership is mandatory. It 79 would allow the City to perform work that is the responsibility of the homeowners’ 80 association if such work is not performed in accordance with code requirements. Such work 81 would be billed to the property owners on their tax bill, including an administrative charge. 82 The proposed amendment would require that homeowners’ associations with management 83 responsibility for common open space submit annually a listing of officers of the association. 84 The proposed amendment also clarifies that these requirements are retroactive to all 85 subdivisions with common open space in existence prior to adoption of the ordinance. 86 ADOPTED: * 87 Actions History 88 November 14, 2011 - Scheduled for Final Reading by Council 89 September 26, 2011 - First Reading by Council 90 September 12, 2011 - Considered by the Legislative, Finance, and Administration Committee 91 June 13, 2011 - Tabled by the Legislative, Finance, and Administration Committee 92 S:\ORDINANCES\2011\Draft\Ordinance 2011-15 - Appendix A - Subdivisions - Regarding Homeowners' Associations - FINAL RDG.wpd

ACTION FORM PROCEEDING: Council DEPARTMENT OF ORIGIN: City Council PREPARED BY: Traci A. McDowell, City Clerk, on behalf of Council President Leary SUBJECT: Council and Committee Meetings - Holiday Schedule DATE SUBMITTED: 10-31-2011 RELATED PROJECT: N/A APPROVALS: N/A EXHIBITS: N/A EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: N/A RECOMMENDED ACTION: Cancellation of December 26, 2011 Utility and Legislative, Finance, and Administration Committee Meetings and City Council Meeting, as well as the December 28, 2011 Safety Advisory and Transportation Committee Meeting. BACKGROUND AND ANALYSIS As we have done in the past, due to the holiday season, it is recommended that the Utility and Legislative, Finance, and Administration Committee Meetings and the City Council Meeting scheduled for December 26th be cancelled, as well as the Safety Advisory and Transportation Committee meeting scheduled for December 28th. Please keep in mind that if the need arises, Special Meetings will be called. S:\CAFS\Holiday Schedule - Council 11-14-2011.wpd