Attachment

REGULAR COUNCIL MEETING AGENDA August 22, 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 COUNCILWOMAN WILLIAMS 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 August 8, 2011 B. Special Council Meeting of August 8, 2011 2. Presentation - Dover Sun Park * 3. Parks, Recreation, and Community Enhancement Committee Report - August 8, 2011 A. Bus Tour of Community Development Block Grant (CDBG) and Neighborhood Stabilization Program (NSP) Projects (Committee Action Not Required) * 4. Utility Committee Report - August 8, 2011 A. PACE/NAES Monthly Report (May) (Committee Recommended Acceptance of the Report) B. Update - Green Energy Funding and Programming (Committee Action Not Required) C. Proposed Ordinance #2011-20 - Chapter 110 - Utilities, Article III - Water Service, Division 1 - Generally, Section 110-67 - Private Wells (See Item #10) (Committee Recommended Adoption of Ordinance #2011-20)

Council Agenda - August 22, 2011 Page 2 5. Legislative, Finance, and Administration Committee Report - August 8, 2011 * A. Reconsideration of Review and Recommendation - Filling Critical Positions as a Standing Agenda Item and Review of Necessary Documentation for Requests for Filling Critical Positions (Committee Recommended Removing the Filling of Critical Positions as a Standing Agenda Item and Affirmation and Adoption of the Current and Proposed Hiring Process for Filling Vacant or New Positions, Including Submission of a Permission to Recruit Form, a Hiring Justification Outline Form, and a Wage and Benefit Information for Employee Hiring and Transfers Form) B. Formation of Salary and Benefits Compensation Comparison Committee (Committee Recommended the Formation of a Salary and Benefits Compensation Comparison Committee) * C. Proposed Ordinance #2011-21 - Appendix B - Zoning, Article 3 - District Regulations, Section 1 - One Family Residence Zones, Subsection 1.15 - Accessory Uses, Limited to and Appendix B - Zoning Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones (See Item #11) (Committee Recommended That Article 3 - District Regulations, Section 1 - One Family Residence Zones (Relating to Keeping of Animals in One-family Residence Zones) Be Referred Back to Staff for Additional Research and Development) (Committee Recommended Adoption of Proposed Ordinance #2011-21, Amending Article 3 - District Regulations, Section 1 - One Family Residence Zone and Article 5 - Supplementary Regulations as it Relates to Swimming Pools, as Amended) * D. Amendment to Personnel Policy - Compensatory Time (Committee Recommended Tabling the Matter, with the Intent That Members Be Provided an Opportunity to Discuss this Issue Further over the next Two (2) Weeks and Resolve Difficulties, with the Intent of Possible Implementation Prior to the End of the August 2011) * E. Review of Grant Application - FY08 Mobile Field Force Development Grant Program (DEMA BearCat) (Committee Recommended Approval of the Purchase of One (1) Lenco BearCat Armored Vehicle by the Delaware Emergency Management Agency (DEMA) for the Use of the Dover Police Department) * F. Discussion f-1. Review of Other City of Dover Insurances (Committee Recommended that the City Issue a Request for Proposals (RFP) for All City Insurances) f-2. Health Insurance RFP Questions (Committee Action Not Required) * G. Public Comment Period (Committee Action Not Required) 6. Monthly Reports - June 2011 A. Budget Report * B. Capital Investment Plan (CIP) Report

Council Agenda - August 22, 2011 Page 3 7. Appointments Recommended by the Legislative, Finance, and Administration Committee Chair - Salary and Benefits Compensation Comparison Committee A. Richard Cook D. Alan Machtinger B. Tim Horne E. Adam Perza C. Mike Karia 8. Evaluation of Bids A. SCADA Master Hardware Replacement B. Substation PT & CT Replacement 9. Rezoning Request/First Reading of Proposed Ordinance #2011-23 Recommended for referral to the Planning Commission on September 19, 2011 and that a Public Hearing be set for October 10, 2011 at 7:30 p.m. A. Property located at 327 Martin Street (east side of Martin Street and southeast of the intersection of Court Street and South DuPont Highway (Route 13)), consisting of 0.277+/- acres (11,744+/- S.F.), owned by EJB, Inc. The property is currently zoned C-4 (Highway Commercial Zone) and the requested zoning is IO (Institutional and Office Zone). (TAX PARCEL: ED-05-077.10-01-48.00-000, SECOND C OUNCIL DISTRICT; PLANNING R EFERENCE: Z-11-06) 10. First Reading - Proposed Ordinance #2011-20 The First Reading is offered on the following proposed ordinance. Final action by Council will take place during the Second Reading of the ordinance on September 12, 2011. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. A. Proposed Ordinance #2011-20 - Chapter 110 - Utilities, Article III - Water Service, Division 1 - Generally, Section 110-67 - Private Wells (Utility Committee) 11. First Reading - Proposed Ordinance #2011-21 The First Reading is offered on the following proposed ordinance. Since it is an amendment to the Zoning Code, it is recommended for referral to the Planning Commission on September 19, 2011, and that a Public Hearing be set for October 10, 2011 at 7:30 p.m. and that the Second Reading and Final Action by Council take place at that time. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office. A. Proposed Ordinance #2011-21 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones (Legislative, Finance, and Administration Committee) 12. Council Members Announcements /tm S:\AGENDAS & MINUTES\Council-Agendas\2011\08-22-2011.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 August 8, 2011 at 7:30 p.m. with Council President Leary presiding. Council members present were Mr. Anderson, Mrs. Russell, Dr. McGlumphy, Mr. Lynn, Mr. Bonar, Mr. Hare, and Mr. Hutchison. Mrs. Williams was absent. Council staff members present were Police Chief Hosfelt, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Fortney, Mr. Koenig, Deputy City Solicitor Pepper, 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, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mrs. Williams absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 25, 2011 The Minutes of the Regular Council Meeting of July 25, 2011 were unanimously approved by motion of Mr. Bonar, seconded by Mrs. Russell, and bore the written approval of Mayor Carey. VIOLATION OF DANGEROUS BUILDING ORDINANCE - 70 MIFFLIN ROAD (ROBERT STONE) 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. Mr. Scott Koenig, Interim City Manager, stated that the property located at 70 Mifflin Road is owned by Mr. Robert M. Stone and consists of a one (1) story, single-family, wood-framed dwelling that was damaged by fire in May 2011. An inspection indicated that at least 60% of the roof has burned away, leaving most of the interior fully exposed. There is an uncovered in-ground pool in the rear yard that has no water in it. Since the house is set back from the road, with limited visibility from the road and neighboring properties, Mr. Koenig stated that there are concerns that the inability to secure the building makes it conducive to entry and unsafe to the surrounding community. Based on these circumstances, the property was forwarded to City Council under the “emergency cases” provision. Mr.Koenig reviewed a presentation which included slides depicting the condition of the structure (Exhibit #1).

CITY COUNCIL MEETING OF AUGUST 8, 2011 PAGE 2 Mr. Koenig advised members that verbal contact was made with Mr. Stone on July 28, 2011,who indicated that he was unable to demolish the structure; however, he agreed that it cannot be salvaged. Mr. Koenig stated that notice of City Council’s consideration of this matter was mailed to all lien holders. Staff recommended that City Council: 1) declare this building, the pool, and the accessory building dangerous; 2) order the property repaired or demolished by August 18, 2011 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner within ten (10) days of the date set by Council; and 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the buildings 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. Responding to Mr. Lynn, Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that although homeowner’s insurance was not discussed with Mr. Stone during their conversation on July 28, 2011, the Fire Marshal’s Office indicated that Mr. Stone did not have homeowner’s insurance on the property. She assured members that Mr. Stone was advised of the public hearing scheduled at this time. Mr. Koenig stated that demolition notices were sent to lien holders including the Kent County Tax Office, the Division of Revenue, the Internal Revenue Service, Mrs. Helen Stone, First State Federal Credit Union, and Citizens Bank, as well as to Mr. Stone. He indicated that the City has not received responses regarding the notice from any of the lien holders. Mrs. Townshend confirmed that one (1) lien holder, Mrs. Stone, was not made aware of the public hearing scheduled at this time. Council President Leary declared the public hearing open. There being no one present wishing to speak, Council President Leary declared the public hearing closed. Mr. Hare moved to declare the property located at 70 Mifflin Road, owned by Robert M. Stone, a dangerous building and subject to demolition, as follows: 1) declare the building, the pool, and the accessory building dangerous; 2) order the property repaired or demolished by August 18, 2011 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner within ten (10) days of the date set by Council; and 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the buildings exists as a municipal lien, or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. The motion was seconded by Mr. Hutchison. In response to Mr. Bonar, Mr. Koenig stated that, to his knowledge, all investigations by the Police Department and Fire Marshal’s Office were complete; however, he was not aware of the results. Expressing concerns with evidence preservation, Mr. Bonar suggested that the demolition be delayed until Council is assured that all investigations are complete. He also requested that Mrs. Stone be contacted prior to the demolition. Responding, Mrs. Townshend advised members that the Fire Marshal’s Office and Code Enforcement Division have requested the emergency demolition due to safety concerns.

CITY COUNCIL MEETING OF AUGUST 8, 2011 PAGE 3 Regarding the completion of investigations, Police Chief Fortney stated that there were two (2) separate fires; the first was due to electrical problems and the second was due to rekindling. Responding to concerns of Mr. Lynn regarding potential ramifications from a lien holder, Deputy City Solicitor Pepper stated that the Post Office has attempted delivery of the notice and that the City will probably receive notification that delivery is unclaimed. He explained that the concern would be regarding any potential harm Mrs. Stone would sustain, and he did not feel that she could sustain harm due to the condition of the building. Mr. Pepper stated that Mrs. Stone’s position may be compromised to some extent by the amount of the City’s lien. In response to Mr. Lynn regarding the banks that are lien holders, Mr. Pepper stated that he believed that the liens involved are judgment liens rather than mortgage liens, which would typically require homeowner’s insurance. On a call for the question by Mr. Bonar, the motion to declare the property located at 70 Mifflin Road a dangerous building and subject to demolition, as recommended by staff, was carried by a roll call vote of seven (7) yes, one (1) no (Mr. Lynn), and one (1) absent (Mrs. Williams). PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS A public hearing was duly advertised for this time and place to consider approval of Proposed Ordinance #2011-14, containing zoning text amendments that would amend the procedures for conditional use permits, site development plans, architectural review certificates, and amendments to the zoning ordinance. Included in the proposed amendments were measures to clarify and streamline certain review processes and expand public notification requirements. Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed a presentation and advised members that the Planning Commission recommended approval of the proposed Ordinance amendments with the addition of PC Amendment #1. Mr. Hutchison moved that the Final Reading of Proposed Ordinance #2011-14 be acknowledged by title only, seconded by Mr. Hare and unanimously carried. (The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of June 27, 2011.) Council President Leary declared the hearing open. There being no one present wishing to speak during the public hearing, Council President Leary declared the hearing closed. Mr. Lynn and Mr. Anderson commended staff on their preparation of Ordinance #2011-14. By motion of Mr. Anderson, seconded by Mr. Lynn, Council adopted Proposed Ordinance #2011-14 (Exhibit #2), as recommended by the Planning Commission, by a unanimous roll call vote (Mrs. Williams absent). LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JULY 25, 2011 The Legislative, Finance, and Administration Committee met on July 25, 2011 with Chairman McGlumphy presiding.

CITY COUNCIL MEETING OF AUGUST 8, 2011 PAGE 4 Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of a Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there were no positions to consider, the item could be removed. Communications Dispatcher - Police Department Police Chief James Hosfelt reviewed a request to recruit two (2) Communications Dispatchers for the Police Department 911 Center to fill vacancies that will be created by the resignation of two (2) employees. He explained that he intends for these positions to first be posted in-house, city-wide to determine if there are dispatchers currently employed in other departments who may be interested. He indicated that if there are no interested in-house candidates, he would then refer to the list of one (1) or possibly two (2) candidates from the last testing cycle. If neither of these options result in filling the positions, Chief Hosfelt stated that he would then request to advertise the positions through the paper and local media. Mr. Hare questioned if the positions would be posted in-house for 30 days. Responding, Chief Hosfelt stated that he would follow Human Resources’ guidelines. Mr. Hare stated that he did not believe that there were established guidelines regarding the length of time required for in-house postings and suggested that 30 days would provide enough time. In addition to the hiring justification outline provided, he noted that last year the dispatch center handled over 115,000 calls, 35,000 of which were 911 emergency calls. Chief Hosfelt stated that in the last two (2) pay cycles, 65 hours of overtime pay was expended to cover these two (2) positions. Chief Hosfelt provided members with Payroll Information for Hiring Replacements and indicated that the top two (2) tables reflect the cost breakdown for dispatchers (noting that the other tables address other positions). He explained that the pension fund payout consists of employee contributions which do not affect the City’s Budget. Dr. McGlumphy relayed appreciation for the Payroll Information for Hiring Replacements and suggested that this be considered a model for any department submitting a request for filling critical positions. The Committee recommended approval of the request to recruit two (2) Communications Dispatchers for the Police Department 911 Center by posting in-house for a minimum of 30 days prior to publicly advertising the positions, as recommended by staff. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mrs. Williams absent).

CITY COUNCIL MEETING OF AUGUST 8, 2011 PAGE 5 Review of Grant Application - FY11 Edward Byrne Justice Assistance Grant Program Police Chief James Hosfelt advised members that the Dover Police Department recently received its annual allocation from the Office of Justice Programs (OJP) for the 2011 Justice Assistance Grant (JAG). Similar to previous years, the Dover Police Department was identified as a disparate funding agency, along with the Smyrna Police Department and Kent County, because there is no law enforcement function at the county level, unlike New Castle County in northern Delaware. Chief Hosfelt explained that this disparate condition requires the submission of a joint grant application for the three (3) agencies. Since the Dover Police Department will be receiving the largest share of the grant, it will serve as the fiscal and administrative agent and all funds for the grant will be disbursed through City of Dover accounts; however, Smyrna Police Department expenses will still be controlled and approved by the City of Smyrna. Chief Hosfelt reminded members that this is a recurring grant and there are no costs to the City associated with the grant. He reviewed the breakdown of funds and the items that the Dover Police Department plans to purchase with the funds, as follows: Department Amount Dover Police Department – supplemental computer upgrades and enhancements $60,051.00 Smyrna Police Department – police motorcycle and other equipment 11,969.00 GRAND TOTAL $72,020.00 Staff recommended approval of the grant project as requested. Responding to Mr. Shevock, Chief Hosfelt reiterated that the City of Smyrna will be responsible for their purchases and the payments for those purchases. The Committee recommended approval of the FY11 Edward Byrne Justice Assistance Grant Program, as recommended by staff. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mrs. Williams absent). Review of Grant Application - FY10 Buffer Zone Protection Program Grant (DEMA) Police Chief James Hosfelt reviewed a sub-grant award received from the Delaware Emergency Management Agency (DEMA) with funds provided by the Federal Emergency Management Agency (FEMA). He noted that all funds for the grant will be accounted for through the City’s financial system (HTE) and administered by the Dover Police Department. He outlined the agencies, items, and amounts approved on this grant, as follows: Agency Purpose Cost City of Dover Physical security enhancements $ 20,000.00 Dover Downs Physical security enhancements 137,500.00 Dover Police Department License Plate Reader 32,500.00 TOTAL $190,000.00

CITY COUNCIL MEETING OF AUGUST 8, 2011 PAGE 6 Staff recommended approval of the project and purchase as requested. Police Chief Hosfelt noted that there are no costs to the City associated with this grant. Responding to Mr. Hare, Police Chief Hosfelt stated this grant will allow for the purchase of one (1) license plate reader. Responding to Mr. Shevock, Police Chief Hosfelt confirmed that information is obtained through the license plate reader instantaneously; therefore officers will have immediate access to information, such as whether a vehicle is stolen, etc. In response to Dr. Jones, Police Chief Hosfelt explained that the physical security enhancements for Dover Downs include items such as jersey barrier walls, new fencing around propane tanks, etc. He stated that Dover Downs was approved for the grant and will make such purchases and the City of Dover will administer the grant. The Committee recommended approval of the FY10 Buffer Zone Protection Program Grant (DEMA), as recommended by staff. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mrs. Williams absent). Public Comment Period There was no one present wishing to speak during the public comment period. By consent agenda, Mr. Bonar moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mrs. Williams absent). MONTHLY REPORTS - JUNE 2011 By motion of Mr. Bonar, seconded by Mrs. Russell, the following monthly reports were accepted by consent agenda: Chief of Police Report City Assessor’s Report City Manager's Report City Planner’s Report Dover Fire Department Report APPOINTMENT RECOMMENDED BY MAYOR CAREY - PROPERTY MAINTENANCE CODE BOARD OF APPEALS - HEATHER D. ENNIS (ANNUAL APPOINTMENT DEFERRED DURING THE MEETING OF MAY 9, 2011) Mayor Carey recommended the appointment of Ms. Heather D. Ennis to serve on the Property Maintenance Code Board of Appeals, which is an annual appointment through May 2012 (deferred during the Annual Council Meeting of May 9, 2011). By consent agenda, Mr. Bonar moved for approval of the appointment of Ms. Ennis, as recommended by Mayor Carey. The motion was seconded by Mrs. Russell and carried by a unanimous roll call vote (Mrs. Williams absent).

CITY COUNCIL MEETING OF AUGUST 8, 2011 PAGE 7 FINAL READING - PROPOSED ORDINANCES The First Reading of the following Proposed Ordinances was accomplished during the Council Meeting of July 25, 2011. Mr. Hutchison moved that the Final Reading of the Proposed Ordinances be acknowledged by title only, seconded by Mr. Bonar and unanimously carried. Ordinance #2011-17 - Chapter 102 - Taxation, Article III - Realty Transfer Tax, Section 102-71 - Definitions and Article IV - Abatement of Real Estate Taxes, Section 102-13 - Qualifications Mr. Hare moved for adoption of the Proposed Ordinance, seconded by Mr. Anderson and, by a unanimous roll call vote (Mrs. Williams absent), Council adopted Ordinance #2011-17, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 102 - Taxation, Article III - Realty Transfer Tax, Section 102-71 - Definitions, Paragraph (a)(3) - First time homebuyer, be amended to read as follows: (3) First time homebuyer means a natural person who has at no time held an interest in residential real estate, wherever located, and which has been occupied as their principal residence, and who intends to occupy the property being conveyed as his principal residence, within 90 days following recordation of the deed. The first time homebuyer must file an affidavit certifying to his qualifications before the exemption can be granted. In order to alleviate claims for rebate of the transfer tax paid, no rebate shall be made once the deed for the transaction has been recorded. First time homebuyers submitting a false affidavit in any respect, which would entitle them to the exemption, shall be subject to payment of the unpaid transfer tax, plus interest at the rate of 1½ percent per month and, upon direction by the council, referral to the attorney general of the state for criminal prosecution. This subsection shall apply to all real estate settlements held on or after January 2, 2000. First time homebuyers are exempt from the transfer tax as provided herein. The first time homebuyer exemption shall apply to the seller of property that qualifies for the first time buyer exemption but only for property situated in the area from Mary Street to Loockerman Street and Governors Avenue to West Street. Council shall have the right to deny this exemption to any property owner where the sale and purchase appears to be done fraudulently to take advantage of the realty transfer tax exemption ordinance. BE IT FURTHER ORDAINED THAT: Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113 - Qualifications, Paragraph (d), be amended to read as follows: (d) Any persons purchasing residential real property in which they will reside within the area defined as Mary Street to Loockerman Street and Governors Avenue to West Street shall be given tax relief from the payment of real estate taxes in the following manner: first year of

CITY COUNCIL MEETING OF AUGUST 8, 2011 PAGE 8 ownership, total tax abatement; second year of ownership, 75 percent tax abatement; third year of ownership, 50 percent tax abatement; fourth year of ownership, 25 percent tax abatement; fifth year of ownership, no tax abatement. Provided however that the homeowner is required to occupy the home as their principal place of residence during the entire time that the taxes are abated and if the property ceases to be their principal place of residence at any time during the four-year period of abatement, then they shall lose their right of abatement and shall be required to pay immediately all taxes abated up to the time that the home ceases to be their principal residence. In order to obtain the tax abatement, the homeowner must make application by affidavit submitted to the city clerk showing qualification for the abatement and each year thereafter, submit a similar affidavit showing their continued right to the abatement. If qualification for the abatement ceases within the four-year period of abatement the homeowner is required to notify the city clerk of the lack of qualification for the abatement and within 90 days from the date the qualification ceases, pay all taxes abated in the past. ADOPTED: AUGUST 8, 2011 Ordinance #2011-19 - Chapter 102 - Taxation, Article I - In General, Section 102-5 - Income and Expense Reports and Appendix F - Fees and Fines Mr. Hare moved for adoption of the Proposed Ordinance, seconded by Mr. Hutchison, and by a unanimous roll call vote (Mrs. Williams absent), Council adopted Ordinance #2011-19, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 102 - Taxation, Article I - In General, Section 102-5 - Income and expense reports, be amended to read as follows: Sec. 102-5. - Income and expense reports. The assessor shall request that an annual report of income and expenses be completed and filed for all commercial/industrial income-producing property within the city limits of Dover. The income and expense report forms shall be developed and provided by the assessor. This information will become mandatory if the owner of the commercial/industrial income-producing property petitions for appeal. BE IT FURTHER ORDAINED THAT: Appendix F - Fees and Fines, Chapter 102 - Taxation, Article I - In General, Sec. 102-5 - Failure to provide the assessor with an income and expense report - $100.00 fee, be deleted in its entirety. ADOPTED: AUGUST 8, 2011

CITY COUNCIL MEETING OF AUGUST 8, 2011 PAGE 9 COUNCIL MEMBERS ANNOUNCEMENTS Mrs. Russell thanked everyone for their participation and support during “Dover Fun Day” on July 30, 2011 and commended the Youth Advisory Committee for the successful event. Mrs. Russell announced that on August 20, 2011, the New Street Civic Association - New Beginning will sponsor a “Back to School Bash” on the corner of Cecil and North New Streets. By unanimous consent, the meeting adjourned into executive session to discuss legal matters at 8:00 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of August 8, 2011, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg S:\AGENDAS & MINUTES\Council-Minutes\2011\08-08-2011 COUNCIL.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 70 Mifflin Road Exhibit #2 - Ordinance #2011-14 Amending Appendix B, Article 10

SPECIAL COUNCIL MEETING A Special Council Meeting was held on August 8, 2011 at 8:03 p.m. with Council President Leary presiding. Members present were Mr. Anderson, Mrs. Russell, Dr. McGlumphy, Mr. Lynn, Mr. Bonar, Mr. Hare, and Mr. Hutchison. Mrs. Williams was absent. Others present were Mayor Carey, Mr. Koenig, Mrs. Mitchell, Deputy City Solicitor Pepper, and Mrs. McDowell. AGENDA ADDITIONS/DELETIONS Mr. Bonar moved for approval of the agenda, seconded by Dr. McGlumphy and unanimously carried. Mr. Bonar moved to recess into executive session to discuss legal matters, seconded by Mr. Hutchison and unanimously carried. Meeting recessed at 8:04 p.m. and reconvened at 8:13 p.m. UPDATE - WARD TRANSFORMER SUIT During the executive session, members were briefed on the General Notice/Demand/Consent Decree Letter for the Ward Transformer Superfund Site in Raleigh, Wake County, North Carolina. Mr. Bonar moved to retain the services of William A. White of Moore & Van Allen PLLC to represent the City of Dover in the Ward Transformer site matter. The motion was seconded by Mr. Lynn and unanimously carried. By unanimous consent, the meeting adjourned at 8:15 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Special Meeting of August 8, 2011, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM S:\AGENDAS & MINUTES\Council-Minutes\2011\08-08-2011 Special Council.wpd

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee meeting was held on August 8, 2011, at 12:00 noon with Chairwoman Russell presiding. Members present were Mr. Lewis and Mrs. Horsey. Mr. Anderson and Mr. Hare were absent. AGENDA ADDITIONS/DELETIONS By unanimous consent, the agenda was adopted as presented. Bus Tour of Community Development Block Grant (CDBG) and Neighborhood Stabilization Program (NSP) Projects Members attended a bus tour which visited sites within the City that were improved (or are in the process of being improved) utilizing funds received through the Community Development Block Grant (CDBG) Program and the Neighborhood Stabilization Program (NSP). Sites visited included the following: 1. Dover Interfaith Mission to the Homeless (684 Forest Street) The shelter received $60,000 in CDBG funding to renovate an existing building that serves up to 150 homeless men annually. Before the renovations, there were five (5) separate office buildings that were utilized as separate businesses. Since the renovations, the shelter has been converted into one (1) large facility that includes an intake office in the front of the building, living quarters for the men, a dining room, and a large kitchen. 2. 49 South Kirkwood Street CDBG funds were utilized to renovate a single family home to install a heating system and fully renovate the bathroom, which included the installation of a bathtub, vanity, and toilet. 3. Downtown Streets Project CDBG funds were utilized to reconstruct the streets and curbs in the Downtown Target Area. The streets that were repaired include South New Street, North New Street, North Queen Street, and North Kirkwood Street. 4. Habitat for Humanity (101 Jefferson Court) Habitat for Humanity purchased 101 Jefferson Court to renovate for affordable housing for a low-income family. Habitat received a CDBG grant for $40,000 to assist with the cost of fully renovating this home and bringing it up to code. This home was sold on Februrary 23, 2011 to a family who had been living in a shelter. 5. 218 Ann Avenue (NSP) This home was purchased by the Dover Housing Authority, the sub-grantee of the City’s Neighborhood Stabilization Program (NSP), whose role is to acquire foreclosed properties, renovate them, and re-sell them to qualified families. This property was the first home sold through the NSP Program, which made homeownership possible for a former subsidized housing resident.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENTCOMMITTEE MEETING OF AUGUST 8, 2011 PAGE 2 6. Mitscher Road Streets Project In 2009, the City received American Recovery and Reinvestment Act (ARRA) funding in the amount of $73,000 to be utilized for infrastructure projects in the city. ARRA funding was used for the construction of sidewalks on Mitscher Road. 7. Dover Parks and Recreation (White Oak Road Location) CDBG funds were utilized to make this facility handicapped accessible. The sidewalks from White Oak Road to the pavilion were made accessible for wheelchair entry to the park. Entrance doors to the facility were also made handicapped accessible. 8. 1415 S. Hancock Avenue (NSP) This home was recently purchased by Dover Housing Authority and is currently under renovation to be sold to a qualifying family. 9. 1430 S. Hancock Avenue (NSP) This home was purchased by Connections Community Support Program and will be utilized as a rental property that will serve persons with disabilities. The bus tour concluded at 1:50 P.M. Respectfully submitted, Sophia R. Russell Chairwoman SRR/JS/ac/tm S:\AGENDAS & MINUTES\Committee-Minutes\2011\08-08-2011 PR&CE.wpd

UTILITY COMMITTEE The Utility Committee Meeting was held on August 8, 2011 at 5:00 p.m. with Chairman Bonar presiding. Members present were Mr. Blakeman and Mr. Snaman. Mr. Lynn and Mrs. Williams were absent. Other members of Council present were Mr. Anderson (arrived at 5:10 p.m.), Mr. Hare (arrived at 5:06 p.m.) , and Mr. Hutchison. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS By unanimous consent, the agenda was approved as presented. PACE/NAES Monthly Report (May) The PACE/NAES Monthly Report for May 2011 was provided to members to enable them to monitor electric sales and revenues received, which will provide a better understanding of any fluctuations that occur and allow the opportunity to make improvements if deemed necessary. Mr. Scott Koenig, Interim City Manager, indicated that the June report will be the last from PACE/NAES, reminding members that the agreement with The Energy Authority (TEA) has been completed and services began on July 1, 2011. Mr. Blakeman noted that a line item budget is currently provided for the power supply and power plant. He suggested that a summary of line items be included when the monthly report is submitted. Responding, Mr. Koenig stated that TEA indicated that they plan to refashion the monthly report and that he would advise them of this request. Mr. Snaman moved to recommend acceptance of the PACE/NAES Monthly Report for May 2011, seconded by Mr. Blakeman and unanimously carried. Update - Green Energy Funding and Programming Mr. Scott Koenig, Interim City Manager, noted that there is currently a $74,239.46 deficit in the Green Energy Fund. He stated that as funds are received this deficit will be eliminated, since project owners are not reimbursed until the funds become available. Responding to Mr. Bonar, Mr. Koenig stated that he believed there was typically a six (6) month time lapse before the City received reimbursement; however, he indicated that he would need to confirm this time frame. Mr. Bonar requested that staff submit a letter to the Delaware Municipal Electric Corporation, Inc. (DEMEC) to inquire as to the average turnaround time and the reason for such a delay, and to request an itemized list of those projects that are pending reimbursement. He advised members that he was aware of several instances when projects (outside of the City) were funded and an inordinate amount of time elapsed after paperwork was submitted, and that paperwork has sometimes been lost. Mr. Bonar indicated that some citizens have been “shorted” under this program and he wanted to ensure that the City does not experience this. He stated that, according to an investigation he performed during the last six (6) months, there is a significant concern with these reimbursements. Mr. Bonar requested staff to provide members with an update on this issue.

UTILITY COMMITTEE MEETING OF AUGUST 8, 2011 PAGE 2 Proposed Ordinance #2011-20 - Chapter 110 - Utilities, Article III - Water Service, Division 1 - Generally, Section 110-67 - Private Wells Members reviewed a proposed ordinance that would prohibit new private shallow wells within the City of Dover. Mr. Scott Koenig, Interim City Manager, advised members that this prohibition will protect the water resources of the unconfined aquifer from which the City draws a portion of its water supply, as well as protect the City’s Certificate of Public Convenience & Necessity (CPCN). He noted that, currently, private shallow wells, for irrigation purposes in particular, are permitted in accordance with certain criteria specified in the Code. In addition, Mr. Koenig stated that geothermal technology for heating and cooling is an emerging technology that was not contemplated when this section of the code was implemented. Geothermal systems require well permits from the Delaware Department of Natural Resources and Environmental Control (DNREC), although they do not draw water from the ground. The proposed ordinance would clarify that wells associated with the installation of closed loop geothermal systems are permitted within the City of Dover in accordance with specified criteria. Staff recommended adoption of Proposed Ordinance #2011-20. Responding to Mr. Hare, Mr. Koenig stated that the City is aware of the location of the shallow wells. He indicated that there is a requirement for an annual report to be submitted to the City indicating usage and that the City will need to conduct inspections. Mr. Hutchison questioned the alternatives available to property owners. Responding, Mr. Koenig stated that if a private well is not permitted, owners could utilize their current water service for lawn irrigation, or a second water meter could be installed to prevent paying for sewer usage on the service to the house. He noted that the private shallow wells have served as another option for owners. In response to Mr. Anderson, Mr. Koenig explained that every time someone drills down into the aquifer, there is potential for current or future contamination. He stated the proposed ordinance has a dual purpose: to protect the City’s interests and investments and to prevent possible contamination of the aquifer. Mr. Blakeman moved to recommend adoption of Proposed Ordinance #2011-20 (Attachment #1), as recommended by staff. The motion was seconded by Mr. Snaman and unanimously carried. By unanimous consent, the meeting adjourned at 5:18 P.M. Respectfully submitted, David L. Bonar Chairman DLB/DD/jg/js/tm S:\AGENDAS & MINUTES\Committee-Minutes\2011\08-08-2011 UTILITY.wpd Attachment Attachment #1 - Proposed Ordinance #2011-20

ATTACHMENT #1 CITY OF DOVER PROPOSED ORDINANCE #2011-20 Utility Committee Meeting of 08/08/2011 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 110 - Utilities, Article III - Water Service, Division 1 - Generally, Section 110-67 - Private 4 Wells, be amended by deleting text indicated in red strikeout (subsection (b) Shallow wells in its entirety) 5 and inserting text indicated in bold, blue, italics as follows: 6 Sec. 110-67. Private wells. 7 (a) When authorized. It shall be unlawful and a nuisance for any person to dig, drill or otherwise 8 excavate any well more than 150 feet below the surface of the ground within the city, or one 9 mile thereof, without the permission of the city council given by resolution. No permission 10 shall be given for a well on any property where a potable water supply is available. 11 (b) Shallow wells. Shallow wells may be drilled into and water withdrawn from the unconfined 12 aquifers within the limits of the city, subject to the following: 13 (1) All wells shall require a permit from the state department of natural resources and 14 environmental control or other regulatory agency and the approval of the city setting 15 forth construction details, design yield, and withdrawal rates. 16 (2) All wells must have the approval of the state board of health or other similar regulatory 17 agency for their intended use. 18 (3) A detailed plan showing the well location, well construction, piping plan and connection 19 details shall be submitted with the application. 20 (4) All wells shall be metered by an approved device and daily pumping records maintained. 21 (5) All water derived from shallow wells shall be used only for boiler makeup, cooling water 22 use, and underground irrigation systems. 23 (6) Any revisions, changes or deviations from the original permit must be in the same 24 manner as the original permit. 25 (7) There shall be no interconnection with any public water supply, nor shall the shallow 26 well be used as a potable water supply for human consumption. 27 (8) Private irrigation systems shall be completely underground, with no connections or 28 outlets that could be used for human consumption. Irrigation shall be by sprinkler heads. 29 (b) Geothermal wells. Wells may be drilled for the purpose of the installation of a geothermal 30 heating and cooling system within the limits of the city, subject to the following: 31 (1) These wells shall not be authorized for withdrawal or injection. They will function 32 as borings, filled with a bentonite grout, with a piping system that acts as a heat 33 exchanger to dissipate/absorb heat from the system to the ground. 34 (2) There shall be no interconnection with any public water supply, nor shall the 35 geothermal well be used as a potable water supply for human consumption. 36 (3) No well shall be located within any city right-of-way or utility easement without 37 written authorization from the city manager. 38 ADOPTED: * 39 SYNOPSIS 40 The proposed ordinance would eliminate the allowance of new private shallow wells within the 41 City of Dover, and adds language to clarify that geothermal wells are permitted provided they 42 meet certain criteria. 43 Actions History 44 August 8, 2011 - Scheduled for Consideration by the Utility Committee 45 S:\ORDINANCES\2011\Draft\Ordinance 2011-20 - Irrigation Wells REVISED CURRENT.wpd

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on August 8, 2011 at 5:30 p.m. with Chairman McGlumphy presiding. Members present were Mr. Anderson, Mr. Hare, Dr. Jones, and Mr. Shevock. Members of Council present were Mr. Bonar, Mr. Hutchison, Mr. Lynn (arrived at 6:52 p.m.), Mrs. Russell (arrived at 6:11 p.m.), and Council President Leary (arrived at 6:00 p.m.). AGENDA ADDITIONS/DELETIONS Mr. Shevock moved for approval of the agenda, seconded by Mr. Hare and unanimously carried. Reconsideration of Review and Recommendation - Filling of Critical Positions as a Standing Agenda Item and Review of Necessary Documentation for Requests for Filling Critical Positions Members were reminded that during their Regular Meeting of March 9, 2009, City Council approved the Legislative, Finance, and Administration Committee’s recommendation to approve a Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that, in order to avoid issues involving prior notice for agenda items, there could be a "standing" agenda item to consider the filling of critical positions and, if there were no positions to consider, the item could be removed. In light of the current economic conditions, Dr. McGlumphy, Chair of the Legislative, Finance, and Administration Committee requested that members reconsider retaining the Filling of Critical Positions as a standing item on the agenda and instead adopt the following process with regard to vacancies: < If a position becomes vacant that will affect public or employee safety or cause financial harm to the City, Permission to Recruit, Hiring Justification Outline, and Wage and Benefit Information for Employee Hiring and Transfers forms will be submitted to the Legislative, Finance, and Administrative Committee. < The justification to fill a position is to include the exiting employee's salary and benefits, estimated salary and benefits for the new employee, and how the department will fund this position within the realm of their current budget for salary and benefits, with cost to include any vacation, sick leave, or compensatory time paid out to the exiting employee. If the department cannot cover the cost due to terminal leave or lump sum payouts, then the position cannot be filled until such time as the cost can be covered in the current budget. < If Council decides to cover the cost overages, then the method of funding is to be determined by the City Manager, Council, or the Council/Mayor appointee. < To fill the needs of a department that has vacancies, staff from other departments or staff within the department that has vacancies will be utilized while Council is working through the current and future budget constraints.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 8, 2011 PAGE 2 Dr. McGlumphy requested that the Filling of Critical Positions be removed as a standing agenda item and the affirmation and adoption of the current and proposed hiring process. It was his opinion that this process would provide more transparency and accountability within departments. Mr. Hare moved to recommend removing the Filling of Critical Positions as a standing agenda item and affirmation and adoption of the current and proposed hiring process for filling vacant or new positions, including submission of a Permission to Recruit Form (Attachment #1), a Hiring Justification Outline Form (Attachment #2), and a Wage and Benefit Information for Employee Hiring and Transfers Form (Attachment #3). The motion was seconded by Mr. Anderson and unanimously carried. Formation of Salary and Benefits Compensation Comparison Committee Mr. Hare proposed the formation of a Salary and Benefits Compensation Comparison Committee to compare salary and benefit information from approximately ten (10) municipalities in the State of Delaware: New Castle, Sussex, and Kent Counties and the cities/towns of Wilmington, Newark, Middletown, Smyrna, Lewes, Seaford, Milford, and Dover. He stated that, to his knowledge, such research has never been conducted and he felt that such information would be useful, particularly with union contract negotiations scheduled for the near future. Mr. Hare suggested that this Committee consist of five (5) members from varied backgrounds and advised members that individuals have already been selected to serve on the Committee and have agreed to participate. Responding to Mr. Shevock, Dr. McGlumphy stated that a Health Benefits Committee has been formed and a meeting is scheduled for the week of August 15, 2011. Mrs. Donna Mitchell, Controller/Treasurer, explained that the Health Benefits Committee was formed specifically to review medical insurance options due to new accounting standards affecting Other Post Employment Benefits (OPEB) liability. Mr. Shevock questioned if these committees should be combined. Responding, Dr. McGlumphy stated that the committees would have separate responsibilities, explaining that the Salary and Benefits Compensation Comparison Committee would be established to review salary and benefit information similar to that provided previously through the MAG Pay-For-Performance Study; however, rather than utilizing corresponding municipalities in other states, the desire is to determine how the City compares with local municipalities. He reminded members that this recommendation was made during the recent Budget Hearings. Mr. Anderson inquired if the Committee would be temporary in nature, how members would be selected, and to whom the Committee would report. Responding, Mr. Hare felt that the Committee would be temporary; however, if there is a need for such research in the future, another committee could be established. He stated that the Committee’s findings would be reported to the Legislative, Finance, and Administration Committee and that the individuals proposed for membership have varied backgrounds in human resources, business, law, and accounting. Mr. Anderson indicated his support for obtaining such information outside of the constraints of a timeline associated with the budget development process. However, it was his feeling that the goal for reviewing this information should not be to compete in a “race to the bottom” in establishing salary levels and that the City’s pay scale should remain competitive.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 8, 2011 PAGE 3 Mr. Hare moved to recommend approval of the formation of a Salary and Benefits Compensation Comparison Committee, seconded by Dr. Jones. Mr. Lester Blakeman (former City Electric Director) advised members that, in the past, no such comparison has been performed for Electric Department employees. He explained that no other municipality in Delaware has a utility the size of the City’s; therefore, there is no comparable electrical function on the Delmarva Peninsula. Responding, Mr. Bonar stated that there are a few utility organizations in the State of Delaware with comparable positions and suggested obtaining information from Delmarva Power and the Delaware Electric Cooperative. Responding to Mrs. Kim Hawkins, Human Resources Director, Mr. Hare stated that the research would be conducted on all levels within the City (to include both bargaining and non-bargaining employees). Dr. McGlumphy stated that five (5) individuals have agreed to serve on the proposed Committee; however, members would not be appointed until Council authorizes the formation of the Committee. Mrs. Hawkins questioned how the membership selection process occurred. Responding, Dr. McGlumphy stated that two (2) of the proposed members are presently serving on the City’s Compensation Commission and the other three (3) members are from the community. Mr. Scott Koenig, Interim City Manager, informed members of a website (Sperling’s Best Places at www.bestplaces.net/col) that compares cost of living and salaries. He requested that this website be used as a tool to compare “apples to apples” when the Committee is reviewing the data obtained. Mrs. Ann Marie Townshend, Director of Planning and Community Development, noted that the City of Newark is the only municipality in Delaware that compares to the City of Dover in terms of population. In addition, she noted that the City of Milford outsources their engineering work and, although they have a Planner, some of their planning functions are also outsourced. Mrs. Townshend noted that the City of Harrington outsources all planning and has a consultant who performs all planning activities. She expressed her concern that positions in smaller towns perform very different functions from those within the City of Dover. She questioned if the size of the population served would be considered when assessing each position’s level of responsibility. Responding, Mr. Hare stated that the Committee members would be provided a charge and felt confident that they would take such issues into consideration. Mr. Anderson requested that the salaries and benefits of State of Delaware employees also be considered when conducting the comparison. Dr. Jones suggested that if the proposed Committee is formed, their charge will be stated and all discussions, considerations, and concerns could be addressed at that time. On a call for the question by Mr. Anderson, the recommendation to approve the formation of a Salary and Benefits Compensation Comparison Committee was unanimously carried. Mr. Anderson requested that the minutes of this meeting be forwarded to members of the proposed Committee for their review and consideration. Dr. McGlumphy requested that staff compile minutes of all meetings of the Legislative, Finance, and Administration Committee during the past year

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 8, 2011 PAGE 4 which included discussion of salaries and benefits and provide them to members of the proposed Salary and Benefits Compensation Comparison Committee. In addition, he requested that the Human Resources Director provide members of the proposed Committee with any additional information that would be beneficial in their consideration of this matter. Proposed Ordinance #2011-21 - Appendix B - Zoning, Article 3 - District Regulations, Section 1 - One Family Residence Zones, Subsection 1.15 - Accessory Uses, Limited to and Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones Mrs. Anne Marie Townshend, Director of Planning and Community Development, presented a proposed Ordinance amending Appendix B - Zoning, Article 3 - District Regulations, Section 1 - One Family Residence Zones, as it relates to the keeping of animals in one-family residence zones, and Article 5 - Supplementary Regulations, relating to swimming pools in residence zones. Mrs. Townshend explained that the proposed Ordinance would prohibit the keeping of farm animals and establish a maximum number of cats (five (5)) in a one-family residence zone. She advised members that currently, the Zoning Ordinance allows for keeping up to 25 fowl, up to three (3) dogs over six (6) months old, and sets no limit on cats. Mrs. Townshend explained that, as the City has become more urbanized, the allowance for up to 25 fowl and the absence of a maximum number of cats have become outdated. In addition, Mrs. Townshend explained that the proposed Ordinance would move the regulations regarding swimming pools from Article 3 - District Regulations, to Article 5 - Supplementary Regulations. She stated that the proposed amendment would more closely align the regulations regarding swimming pools with the provisions of the Building Code. Mrs. Townshend advised members that conflicts between the two (2) codes have been a source of confusion for residents in recent years. Staff recommended adoption of Proposed Ordinance #2011-21. Rather than prohibiting farm animals in one-family residence zones, Mr. Hare suggested the need to prohibit the keeping of farm animals within City limits. He stated that he was aware of a business that is adjacent to a residential zone that has chickens. Mrs. Townshend noted that the City has an agricultural zone that allows for farm animals. Mr. Hare felt that the agricultural zone should be an exception. Responding, Mrs. Townshend suggested that, in addition to the proposed amendment, there could be an amendment to the Supplementary Regulations that the “keeping of farm animals in any zone except the Agricultural Zone shall be prohibited.” Responding to Mr. Bonar, Mrs. Townshend confirmed that if a City resident currently raises chickens for organic eggs, they would be given 12 months before the ordinance goes into effect. Although he felt the intent of the proposed Ordinance was very good, Mr. Bonar suggested that staff conduct additional research.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 8, 2011 PAGE 5 Mr. Anderson expressed his opposition to the proposed Ordinance, explaining that the raising of chickens is a part of the culture of some City residents. He stated his concern with the current economy and felt that there may be a need to allow for individuals to raise their own food, which the proposed ordinance would prohibit. With regards to the number of cats and dogs permitted, Mr. Anderson did not feel that it was within the realm of the government to make such a determination if it does not affect others. He also questioned the City’s ability to enforce the rules that would be created if the Ordinance were adopted. In response to Mr. Shevock, Mrs. Townshend stated that adoption of the proposed Ordinance, as presented, would not affect Delaware State University (DSU); however, if members approve an amendment to the Supplementary Regulations to expand prohibiting farm animals in any zone except the Agricultural Zone, DSU would be affected. Mr. Shevock suggested that if DSU has a program involving farm animals, an exemption for the University should be included. In addition, he suggested that the number of cats and dogs should be equal and relayed concern regarding breeders of pedigreed dogs, stating that these dogs may produce puppies that may not sell within a specific time period. In addition, he suggested that individuals who currently have farm animals be “grandfathered” and not subject to the proposed Ordinance. Concurring with Mr. Anderson, Mrs. Russell advised members that there are several residents of the Fourth District that have farm animals and, to her knowledge, this has not created any problems. She relayed her opposition, feeling that the proposed Ordinance is directed toward certain individuals and that there are instances when having farm animals or raising pets is a means of “making ends meet.” As a result of the concerns relayed, Mr. Bonar suggested that the Committee table action to allow staff to redraft the proposed Ordinance. Mr. Anderson requested the division of the question for Ordinance #2011-21 so that Article 3 - District Regulations, Section 1 - One Family Residence Zones, relating to keeping of animals in one-family residence zones, be separated from the proposed amendments to Article 3 and Article 5 - Supplementary Regulations, regarding swimming pools in residence zones. Mr. Anderson moved to recommend that Article 3 - District Regulations, Section 1 - One Family Residence Zones (relating to keeping of animals in one-family residence zones) be referred back to staff for additional research and development. The motion was seconded by Mr. Hare and unanimously carried. Referring to the proposed amendment to Paragraph (b) of Article 3 - District Regulations, Section 1 - One Family Residence Zone and Article 5 - Supplementary Regulations, Mrs. Townshend explained that the amendment would move the regulations for swimming pools to the supplementary regulations for residence zones. She stated that the proposed amendment aligns the zoning requirements for pools with the building code requirements, which she felt was more logical. As an example, Mrs. Townshend explained that the Residence Zone allows for accessory structures; however, the Supplementary Regulations provide the details of such structures. She noted that the proposed amendment also includes the deletion of a portion of Paragraph (g) - Customary Home Occupations and explained that the referenced section is no longer in existence.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 8, 2011 PAGE 6 Responding to Mr. Anderson, Mrs. Townshend stated that the building code requires a four (4) foot safety barrier for swimming pools and the zoning ordinance requires a five (5) foot screening for swimming pools. This conflict is causing confusion for those erecting swimming pools and has become problematic during the past few years. Mrs. Russell felt that the language in the Dover Code is confusing and suggested that staff reword the amendment to provide a better understanding. Mr. Anderson moved to recommend adoption of Proposed Ordinance #2011-21, amending Article 3 - District Regulations, Section 1 - One Family Residence Zone and Article 5 - Supplementary Regulations as it relates to swimming pools, as amended (Attachment #4). The motion was seconded by Mr. Shevock and unanimously carried. Amendment to Personnel Policy - Compensatory Time Mr. Scott Koenig, Interim City Manager, advised members that with the implementation of ADP, it is necessary to create a simplified, City-wide policy for compensatory (comp) time. He stated that during a staff meeting on July 12, 2011, the general consensus was to eliminate the 90-day time limit and implement a maximum accumulation. Members were provided the proposed amendments to Article III - The Pay Plan, Section 9 - Overtime. Staff recommended approval of revised Section 9 - Overtime in the City of Dover Personnel Policy as presented. Mr. Anderson questioned why bargaining employees are provided comp time at 1½ times the number of hours worked and non-bargaining (exempt) employees accumulate comp time at a 1 to 1 rate. Responding, Mr. Koenig stated that the Fair Labor Standards Act (FLSA) determines those employees who are exempt from the provisions of the Act and those who are not. The rates for earning comp time are based on whether an employee is exempt or non-exempt from the FLSA. Only non-bargaining, non-exempt employees receive the 1½ time rate. In response to Dr. Jones, Mr. Koenig stated that a standard work week consists of 40 hours; however, special schedules for employees such as police officers and fire and police dispatchers may require more than 40 hours per week. He stated that employees have varying schedules, depending on the department for which they work. He confirmed that there could be employees in the same job classification in different departments who work different schedules. Dr. Jones relayed concern that eliminating the time frame for requiring the use of comp time earned could have a major impact on the budget. Responding to Mr. Hare, Mr. Koenig stated his opinion that a City Manager is a contract employee and not eligible for comp time. With regard to other department heads, he stated his opinion that if the employee works ½ hour late to finish a job or project, this would not qualify for comp time; however, if the department was required to attend an evening meeting, this would qualify for comp time.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 8, 2011 PAGE 7 Dr. McGlumphy relayed concern with providing comp time for management employees, including department heads. Disagreeing, Mr. Bonar advised members that he, as a management State employee, is provided comp time; however, he is required to take the time within a certain time period and may not carry forward any more than a certain number of hours (26 hours). He suggested that City employees be required to take the time within a certain time period (perhaps during the next pay cycle) and not be permitted to “bank” the time. Responding to concerns relayed by Mr. Bonar, Mr. Koenig stated that such requirements would create difficulties in several departments, such as the Police Department and City Clerk’s Office. Such requirements would drastically change the way comp time is currently accounted for and would probably create operational concerns for several departments. In regard to the concerns of Mr. Hare regarding “management” employees, Mr. Koenig stated that the distinction is between exempt and non-exempt employees, explaining that some management, non-bargaining employees are exempt and others non-exempt. Mr. Hare stated his opinion that comp time should be eliminated completely and that employees should be provided overtime pay. He stated he felt that department heads should manage their departments and be responsible for their budgets. Mr. Hare indicated he had never heard of upper management being provided comp time and that these employees have always been able to adjust their workday based on employee and personal needs. Responding to concerns of Mrs. Russell, Mr. Koenig indicated that the proposal would provide for accumulation of a maximum of 80 hours for comp time, thus limiting the City’s exposure to 80 hours. He noted that for exempt employees, the procedure specifies that any accumulated comp time shall be forfeited upon employment ending. Mrs. Russell stated her concern that there are different rules for different employees, feeling that all employees should be treated equally in this regard. In response to Dr. McGlumphy, Mr. Koenig confirmed that the proposed amendments would allow for the City to begin utilizing the ADP system and that adjustments could be made subsequently. Mr. Hare moved to recommend eliminating comp time, paying overtime, and making department heads more accountable for their budgets, thus eliminating the need for ADP to track comp time. The motion failed due to the lack of a second. Dr. McGlumphy felt that it would benefit the City to have the comp time module of the ADP system implemented and then, once up and running, have staff conduct a cost/benefit analysis to determine whether or not comp time should be provided or if it should be transferred to overtime. He reminded members that many of the employee benefits provided by the City are based on salary and overtime.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 8, 2011 PAGE 8 Noting that the Committee previously recommended the formation of a Salary and Benefits Compensation Comparison Committee, Mr. Hutchison suggested that this matter be referred to that Committee for their review and recommendation. Mr. Anderson moved to recommend that the proposed policy revision to Section 9 regarding overtime be referred to the new Salary and Benefits Compensation Comparison Committee. The motion was seconded by Mr. Hare. Responding to Mr. Shevock, Mrs. Mitchell, Controller/Treasurer, indicated that although staff can move forward with the ADP System, they would not include information for the comp time module at this time. She noted the purpose of utilizing ADP for comp time is to eliminate manual tracking. Mrs. Mitchell explained that ADP has a schedule and must show an employee as either sick, on vacation, working, or on comp time. Since there would be no comp time in the ADP system, she stated that it will be necessary to show the employee as working when they are utilizing comp time. Mrs. Mitchell estimated that the City should be utilizing the time and attendance module by the end of August and stated that Human Resources (HR) and Payroll modules of the ADP system have been in place since January. In response to Dr. Jones, Mrs. Hawkins, Human Resources Director, indicated that the last comprehensive review of the Employee Handbook was conducted in 2004 after a 20-year lag. She stated that such a review has been one of her goals and that it is approximately 60% complete. Responding to Mrs. Russell, Mrs. Hawkins indicated that once a comprehensive review is completed by staff, it will be forwarded to the Committee for review. She noted that the review conducted by the Committee in 2004 was quite extensive. Mr. Anderson moved to recommend tabling the matter, with the intent that members be provided an opportunity to discuss this issue further over the next two (2) weeks and resolve difficulties, with the intent of possible implementation prior to the end of the August 2011. The motion was seconded by Dr. Jones and unanimously carried. Dr. McGlumphy stated that the delay in the comp time module should not affect staff’s ability to move forward with the implementation of the time and attendance module of the ADP system. Review of Grant Application - FY08 Mobile Field Force Development Grant Program (DEMA BearCat) Members reviewed a Grant Application Analysis Form for the Delaware Emergency Management Agency (DEMA) - FY08 Mobile Field Force Development Grant Program. Police Chief James Hosfelt advised members that this grant would allow for the purchase of one Lenco BearCat Armored Vehicle. He explained that this is a vehicle asset that would be purchased by the Delaware Emergency Management Agency (DEMA) for the Dover Police Department using funds received from the Federal Emergency Management Agency (FEMA). Chief Hoselt stated that the funds for this purchase were reallocated from reverted funds previously awarded to the Delaware State Police and that DEMA would complete all purchase actions for the vehicle awarded through this grant, in the amount of $235,089, and that the vehicle would be provided to the Dover Police Department for use.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 8, 2011 PAGE 9 Chief Hosfelt indicated that the vehicle to be supplied is a Lenco BearCat Armored 4WD vehicle which is a specialized vehicle that runs on a V10 gasoline powered engine using regular unleaded fuel. It is capable of detecting radiation and explosive gases as well as providing protection for passengers from live fire rounds. Staff recommended approval of the project and to allow for the purchase of one Lenco BearCat Armored Vehicle by DEMA. Mr. Hare moved to recommend approval of staff’s recommendation to allow for the purchase of one (1) Lenco BearCat armored vehicle by the Delaware Emergency Management Agency (DEMA) for the use of the Dover Police Department, seconded by Mr. Anderson and unanimously carried. Discussion - Review of Other City of Dover Insurances Mr. Hare suggested that the City issue a Request for Proposals (RFP) to review the other City of Dover insurances (commercial, property, auto, etc.). Responding, Mrs. Kim Hawkins, Human Resources Director, stated that the commercial and power plant policies are bid each year by a broker and assured members that the broker is active in this regard. Mr. Hare felt that all insurances should be bid at a minimum of every two (2) years and that different brokers should be utilized. Mr. Hare moved to recommend that the City issue a Request for Proposals (RFP) for all City insurances, seconded by Dr. Jones and unanimously carried. Discussion - Health Insurance RFP Questions Mr. Hare questioned if the date for the Request for Proposals (RFP) will be extended for prospective bidders who sent information to the City, because they have not received information back yet. Responding, Mrs. Hawkins, Human Resources Director, stated that, as she has personally relayed to four (4) respondents who are intending to bid, August 12, 2011, was the deadline for questions. She explained that the questions will be gathered and submitted to the State of Delaware in one (1) timely submission rather than piecemeal through the RFP process. Mrs. Hawkins indicated that, once submitted to the State, the State will provide an estimated turnaround time, since some of the data will be provided by the carriers (Blue Cross and Aetna). The date for the RFP was published as August 31, 2011, and Mrs. Hawkins advised bidders that this date may be extended based on the turnaround time provided by the State. She assured members that the bidders will be provided ample time and that all those who have requested information as of the August 12, 2011 will be included in the extension. Public Comment Period Mr. Bob Hartman, 35 Lotus Street, stated his support for Mr. Koenig’s discussion regarding compensatory time, explaining his feeling that such a policy would provide the City an opportunity to save money.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 8, 2011 PAGE 10 Mr. Hare moved for adjournment, seconded by Mr. Shevock and unanimously carried. Meeting Adjourned at 7:08 P.M. Respectfully submitted, William P. McGlumphy Chairman WPM/DD/jg/js/ac/tm S:\AGENDAS & MINUTES\Committee-Minutes\2011\08-08-2011 LFA.wpd Attachments Attachment #1 - Permission to Recruit Form Attachment #2 - Hiring Justification Outline Attachment #3 - Wage and Benefit Information Form for Employee Hiring and Transfers Attachment #4 - Proposed Ordinance #2011-21 Amending Article 3 - District Regulations, Section 1 - One Family Residence Zone and Article 5 - Supplementary Regulations as it Relates to Swimming Pools

ATTACHMENT #1 LF&A Committee Meeting of 08/08/2011 Permission to Recruit To: City Manager Date:_____________ From:_____________________________________ Permission to recruit:_________________________(number) Type of Position: PF PP TF TP (circle one) Title of Position:__________________________________________________________ Start employment on:______________________________________________________ Opening is due to: Termination, Transfer, Promotion, Other_________________________________ (circle one) (explain) __________________________________________________________________ (Name of previous employee) Type of recruitment desired: All out-of-house job postings will be advertised/announced in the Delaware State News, Dover Post, News Journal and the Air Lifter, Dover website, DoverTV, and other general recruitment sites. Please indicate additional websites or professional organizations: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Department Head GAPPROVED GDENIED _____________________________ City Manager P: Human Resources/Recruitment/Permission to Recruit

ATTACHMENT #2 LF&A Committee Meeting of 08/08/2011 Hiring Justification Outline 1. Explain the principal function of this job. 2. Explain why this position is critical and cannot go unfilled or postponed. 3. How would City services diminish if this position were not filled or postponed at this time? 4. Are there other employees whose ability to perform would be diminished by not filling or postponing this position? 5. Is there a person that can be promoted into this position and whose position is less critical at this time and can go unfilled permanently or temporarily? 6. Can one or more existing employees absorb the duties of this position? 7. Could a temporary person be hired to fill this position for 60 days? 8. Grade/Salary Information Rev. 3/01/10

A B C D E F G H I J K L M N 1 Attachment #3 2 LF&A Committee Meeting of 08/08/2011 3 City of Dover 4 Wage and Benefit Information for Employee Hiring and Transfers 5 6 Department/Division Originating Request 7 Date (Form has been developed to handle multiple departments/multiple funds to cover allocated departments and funding sources) 8 # Mos. To Date Lump Sum Paid To Current Separation Wages Benefits Annual Wages & % Year Benefits To Date Benefits Wages & Date Current Fiscal 9 Current Positions Grade/Step Date * Budgeted Budgeted Benefits Wages Paid Paid Wages Paid Paid Benefits Paid (I, J, K) Year Balance Remarks 10 Position(s) 11 Dispatcher 18/13 7/20/11 48,826.57 13,393.43 62,220.00 5.2% 1 2,534.71 1,116.12 327.74 3,978.57 58,241.43 12 Dispatcher 18/13 7/7/11 48,826.57 14,024.65 62,851.22 1.6% 1 800.44 1,168.72 4,073.34 6,042.50 56,808.72 13 Custodian 10/13 1/31/12 34,800.00 14,100.00 48,900.00 58.5% 7 20,347.54 8,225.00 - 28,572.54 20,327.46 14 H/R Coordinator 121 7/24/11 54,754.00 18,252.00 73,006.00 6.3% 1 3,440.83 1,521.00 1,176.12 6,137.95 66,868.05 15 Totals $246,977.22 44,731.55 $202,245.67 16 % Year # Mos. Estimated Replacement/ Proposed Projected Estimated Estimated Estimated Total Wages Benefits Amount 17 Transfer Position Grade/Step Hire Date Wages Benefits Compensation Needed Needed Wages Benefits Needed Remarks 18 Position(s) 19 Dispatcher 18/1 9/1/11 33,136.56 11,933.93 45,070.49 82.8% 10 27,432.73 9,944.94 37,377.67 20 Dispatcher 18/1 9/1/11 33,136.56 20,836.73 53,973.29 82.8% 10 27,432.73 17,363.94 44,796.67 21 Custodian 10/1 1/1/12 33,136.56 23,121.00 56,257.56 49.5% 6 16,387.21 11,560.50 27,947.71 22 H/R Coordinator 121/Entry 10/1/11 43,973.28 24,070.53 68,043.81 74.6% 9 32,799.74 18,052.90 50,852.64 23 Totals $223,345.15 $160,974.68 24 25 Balance $23,632.07 $41,270.98 26 Increase/ Description of funding 27 Department Summary (Decrease) Funding Source: (See below Fund Budget) source General Ledger Account 28 Police - Civilian ($32,875.81) General Fund ($44,342.72) N/A N/A 29 Central Services - Facilities 7,620.25 Water/Wastewater Fund (808.91) N/A N/A 30 Human Resources (16,015.42) Electric Fund 3,880.65 Describe Account 31 Total ($41,270.98) Grant Fund 0.00 N/A N/A 32 Total ($41,270.98) 33 34 Department/Division Department/Division Department/Division 35 Fund Budget - Increase/(Decrease) Police/Civilian Central Services/Facilities Human Resources Increase/ Increase/ Allocation Increase/ Increase/ 36 Fund (Decrease) Allocation % (Decrease) % (Decrease) Allocation % (Decrease) 37 General Fund ($44,342.72) 100.0% ($32,875.81) 10.3% 784.89 76.5% (12,251.79) Allocated Department 38 Water/Wastewater Fund (808.91) 0.0% $0.00 8.3% 632.48 9.0% (1,441.39) percentages can be found 39 Electric Fund 3,880.65 0.0% $0.00 81.4% 6,202.88 14.5% (2,322.24) in Budget Document, 40 Grant Fund 0.00 0.0% $0.00 0.0% - 0.0% - obtained from Finance or 41 Total ($41,270.98) Total ($32,875.81) Total $7,620.25 Total ($16,015.42) the City Manager's Office 42

A B C D E F G H I J K L M N 3 City of Dover 4 Wage and Benefit Information for Employee Hiring and Transfers This form is to be completed when requesting to fill vacant positions or to transfer staff between divisions or operating funds. The purpose of which is to determine how changes in personnel will 43 affect the budget for each operating fund. If the changes increase operating expenses then the funding source to cover the increase is to be included. 45 46 Directions for Completing Wage and Benefit Information for Employee Hiring and Transfers 47 48 Column Description Instructions A Position Title Current Position Section - Title of position vacated; Replacement/Transfer Position Section - Title of replacement position, or title change if 49 applicable of employee transferred. 50 B Current Grade/Step Current Position Section - Current grade and step (if applicable) of current position; Replacement/Transfer Position Section - Proposed grade 51 and step; 52 C Separation Date Current Position - Last day paid. If employee elects to take terminal leave, then separation date must be date terminal leave ends. 53 Replacement/Transfer Position Section - Proposed hire date of this position. 54 D Wages Budgeted Current Position Section - Annual wages budgeted for the current employee in this position. If unknown, contact City Manager's Office or 55 Finance Office; Replacement/Transfer Position - Proposed hourly rate times 2080 hours. FY12 has 366 days so use 2088 hours. 56 E Benefits Budgeted Current Position Section - Annual wages budgeted for the current employee in this position. If unknown, contact City Manager's Office or Finance Office. Replacement/Transfer Position Section - Calculate by multiplying wages time benefit rates. If this is a new position use the highest benefit rate to insure budgetary funding. See below for benefit rates. If this is an existing employee then use actual benefits; 57 58 59 F Annual Wages & Benefits Current Position Section - Column D plus Column E; Replacement/Transfer Position Section - Column D plus Column E; 60 G % Year Wages Paid Current Position Section - Number of days paid for in current fiscal year; Formula set up to automatically calculate based on 366 calendar days in FY12; Replacement/Transfer Position Section - Number of days from estimated date of hire through the end of the fiscal year. 61 62 H # Mos. Benefits Paid Current Position Section - Number of months benefits have been paid out for the current fiscal year; Replacement/Transfer Position Section - 63 Number of months estimated benefits to be budgeted for in the current fiscal year; 64 I To Date Wages Paid Both Sections - Column D times Column G; If actual amounts are available for current employees use actual amounts rather than calculation; 65 66 J To Date Benefits Paid Both Sections - Column E divided by 12 (months) times Column H; Column H is number of months paid to date for current employees and 67 number of months from projected date of hire through June 30 for replacement employees. 68 K Lump Sum Wages & Benefits Paid If paid, contact Finance for amount; If not paid estimate - Hourly rate X hours to be paid plus benefits; Benefit rate = Sum of percentages for FICA, Worker's Comp and Pension times wages to be paid out; (I.e. $18.00 hourly rate x 760 hours = $13,680 Wages x 13.65% (employee with 401a plan) $1,867; $13,680 plus $1,867 = $15,547 estimated lump sum wages and benefits); FY12 - no Worker's Compensation 69 70 71 L Paid to Date Current Position Section - Sum of Columns I, J, & K as calculated above 72 M Current Fiscal Year Balance Current Position Section - Current estimated balance of funds in departmental budget for this position to apply towards new hire or transfer; 73 Replacement/Transfer Position - Amount needed to fund replacement or transferred position. Sum of Column I & Column J. 74 75 N Remarks Any comments you would like to add 77 78 Bottom Section Department & Fund Summaries Formula based calculations of financial impact on individual departments and funds. Describes funding sources for budget increases.

ATTACHMENT #4 LF&A Committee Meeting of 08/08/2011 CITY OF DOVER DRAFT ORDINANCE #2011-21 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B - Zoning, Article 3 – District Regulations, Section 1 – One Family Residence 5 Zones, Subsection 1.15 – Accessory Uses, be amended by deleting text shown in red bold strike- 6 through and inserting text shown in blue bold italics, as follows: 7 8 1.15 Accessory uses, limited to the following: 9 10 11 12 13 14 15 16 17 FT (a) Professional office or studio of an artist, dentist, musician, teacher, or physician, but not including veterinarians, provided that: i. ii. iii. Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than one nonresident assistant; and Such office or studio shall occupy not more than 30 percent of the area of one floor of the main building. Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited. 18 19 20 21 22 23 24 25 26 27 RA iv. (b) Garden house, tool house, playhouse, greenhouse or pool incidental to the residential use of the premises and not operated for gain, provided that pools of 30 inches deep shall be subject to the following requirements: i. ii. Medical centers, barbershops, beauty parlors, real estate offices, funeral homes or similar uses shall not be considered permitted accessory uses. The edge of the pool shall be kept a distance of not less than ten feet from all property lines. If located within 50 feet of any property line, such pool shall be screened from the view of abutting properties. Such screen shall be at least five feet high. D 28 29 30 31 32 33 34 35 36 iii. iv. Such pool shall be completely surrounded by a fence or wall not less than 3½ feet in height and so constructed as not to have openings larger than four inches in at least one dimension. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use. Swimming pools shall be permitted to be established in the side and rear yard, but shall be prohibited from placement within the required front yard. (c) Private garage, provided that, in the case of a one-family dwelling, such garage shall have a capacity of not more than three passenger automobiles. One such space may be leased 37 to a person not [a] resident on the premises. 38 (d) Keeping domestic animals (except pigs) for individual domestic purposes or as pets, 39 provided not more than three dogs over six months old and not more than 25 fowl shall

40 be permitted, and no animals (except dogs) or fowl shall be penned or housed within 20 41 feet of any lot line. 42 (e) (Reserved.) 43 (f) Dormitories accessory to schools, provided that such dormitories conform to the bulk 44 regulations of the RG-1 zone. For purposes of computing bulk requirements, each four 45 rooms shall be considered one dwelling unit. Parking shall be calculated as identified in 46 Article 6—Off-Street Parking, Section 3—Required off-street parking spaces, Paragraph 47 3.1—Schedule of requirements. 48 (g) Customary home occupations, provided that: 49 i. No display of products, goods and/or signs shall be visible from the street, except 50 as set forth in item [subsection] (e) of this subsection [1.15]. 51 ii. Such home occupation shall be incidental and secondary to the residential use of 52 the premises and shall be conducted in the principal building by the resident or 53 residents that reside therein. 54 55 56 57 58 59 60 61 iii. iv. v. FT Nonresident assistants or co-workers shall be prohibited. Such home occupation shall not occupy more than 30 percent of the area of one floor in the principal building. There shall be no exterior effect such as noise, traffic, odor, dust, smoke, gas, fumes, radiation, or electromagnetic interference. BE IT FURTHER ORDAINED: 62 63 64 65 66 67 68 69 70 71 72 RA That Appendix B – Zoning, Article 5 – Supplementary Regulations, Section 1 – Supplementary Regulations Applying to Residence Zones be amended by adding a new subsection 1.11 Swimming Pools, as follows: 1.11 Swimming Pools 1.111 Definition – For the purposes of this section, swimming pools shall be defined as any pool, tank, depression, or excavation in or above ground, or other structure which shall cause retaining of water over a greater depth than twenty-four (24) inches. 1.112 Safety - All swimming pools as defined in this section must conform to the requirements of Dover Code, Chapter 22 – Buildings and Building Regulations. D 73 74 75 76 77 78 79 80 81 1.113 Placement - Swimming pools shall be permitted to be established in the side and rear yard, but shall be prohibited from placement between the principal structure and the street. 1.114 Setback – The edge of the swimming pool, specifically referring to the edge of the water containment portion of the pool shall be no less than fifteen (15) feet away from all property lines. All associated structures, buildings, and pavement related to the swimming pool shall be no less than five (5) feet away from all property lines. 82 83 84 85

86 87 SYNOPSIS 88 The proposed ordinance would move the regulations for swimming 89 pools into the supplementary regulations for residence zones and 90 more closely align the requirements with the requirements of the 91 building code. 92 93 ADOPTED: * 94 95 96 Actions History: 97 August 22, 2011 – Proposed First Reading 98 August 8, 2011 - Considered by Legislative, Finance and Administration Committee FT RA D

CITY OF DOVER FINANCE DEPARTMENT MONTHLY BUDGET REPORT JUNE 2011 (Preliminary) PREPARED BY: FINANCE DEPARTMENT PLEASE NOTE – THIS REPORT PROVIDES TOP LINE INFORMATION ON THE THREE MAJOR OPERATING FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION, PLEASE FEEL FREE TO CONTACT THE FINANCE DEPARTMENT.

Page 2 of 10 City of Dover Finance Department Monthly Budget Report June 2011 S Strategic Objectives for Fiscal Year 2010 – 2011 1. Develop Days Sales Outstanding (DSO) monthly report to provide timely information on receivable collections. 2. Assist with implementation of inventory system for Electric Plant inventory. 3. Implementation and transition to an external service for time keeping and payroll. 4. Implement and transition to lockbox and remote deposit services for cash receipts. ACTIVITY LEVELS FY10 YTD FY11 YTD BANK TRENDS Number of Deposits Made 1,118 3,438 Total Amount of All Deposits $ 132,210,917 $ 142,891,560 PAYROLL Hours % Amount Hours % Amount Gross wages per registers 953,078 100.0% $ 20,785,661 910,518 100.0% $ 20,576,867 Wages and Hours Worked Regular 775,535 81.4% $ 16,366,759 769,285 84.5% $ 16,573,173 All over time 38,610 4.1% $ 1,520,800 34,181 3.8% $ 1,421,900 Other Paid or Unpaid Wages and Hours Vacation 49,082 5.1% $ 1,255,444 49,839 5.5% $ 1,261,952 Sick 18,389 1.9% $ 412,490 20,449 2.2% $ 474,948 Furlough 23,110 2.4% $ - 1,482 0.2% $ - Terminal Leave - Retiree Vacation/Sick Payout 22,185 2.3% $ 681,519 3,334 0.4% $ 93,638 Comp Time (Police) 5,776 0.6% $ 178,190 7,080 0.8% $ 224,511 Personal 2,061 0.2% $ 56,183 2,117 0.2% $ 60,171 Leave Without Pay 4,087 0.4% $ - 3,368 0.4% $ - Other (description below) 14,306 1.5% $ 314,277 19,378 2.1% $ 468,913 Other includes: pay adjustments, military differential pay, committee meetings, worker compensation tracking/adjustments, etc. Other Activity Number of Pay Periods 26 26 Number of Payroll Checks & Direct Deposits Issued 11,170 10,538 Number of Pension Checks Issued 2,771 2,849 Total Pension Benefits Paid - Defined Benefit Plan $ 4,400,347 $ 4,536,701 Payroll Checks & Direct Deposits issued: number of payroll checks issued for FY 2010 includes separate checks for shoe allowance & clothing allowance. ACCOUNTS PAYABLE Number of Check Vouchers 7,894 7,116 Number of EFT Vouchers 2,023 2,413 Vouchers Dollar Amount Disbursed $ 122,465,264 $ 128,667,033

Page 3 of 10 City of Dover Finance Department Preliminary Monthly Report – June 2011 General Fund Summary Revised 100% of Budget Budget YTD Balance Budget Beginning Balance $ 2,277,575 $ 2,655,562 $ 2,655,562 $ - 100.0% Revenues Court of Chancery Fees 645,000 715,000 692,180 22,820 96.8% Fines & Police Revenues 881,502 1,012,389 1,005,882 6,507 99.4% Franchise Fees 486,000 520,000 559,354 (39,354) 107.6% Grants 831,850 939,061 927,484 11,577 98.8% Intrafund Services 4,347,834 4,237,605 4,040,989 196,616 95.4% Library & Recreation Revenues 665,689 576,500 588,569 (12,069) 102.1% Licenses & Permits 2,457,675 2,362,000 2,417,364 (55,364) 102.3% Property Taxes (Includes BID Revenue) (1) 11,035,326 11,035,326 10,904,909 130,417 98.8% Sanitation Revenues 2,387,511 2,191,635 2,173,433 18,202 99.2% Other Miscellaneous Revenues 365,250 268,750 307,800 (39,050) 114.5% Transfers-In from Special Funds & Utilities Civil Traffic Penalties 930,000 1,000,000 967,020 32,980 96.7% Municipal Street Aid Fund 526,843 526,814 527,226 (412) 100.1% Reynolds Trust Reserve - - 46,335 (46,335) 0.0% Transfer Taxes 1,000,000 1,400,000 1,461,890 (61,890) 104.4% Electric Fund 8,856,000 8,856,000 8,856,000 - 100.0% Total Revenues 35,416,480 35,641,080 35,476,435 164,645 99.5% Total Beginning Balance & Revenues $ 37,694,055 $ 38,296,642 $ 38,131,997 $ 164,645 99.6% Expenditures City Clerk & Council $ 418,172 $ 407,812 $ 383,727 $ 24,085 94.1% Mayor, City Manager & Human Resources 1,008,803 1,001,152 991,787 9,365 99.1% Police & Police Extra Duty 12,907,889 12,694,539 12,784,110 (89,571) 100.7% Public Services 4,574,682 4,488,039 4,388,815 99,224 97.8% Central Services 2,422,663 2,305,543 2,262,207 43,336 98.1% Planning & Inspections 1,943,804 2,007,875 1,963,325 44,550 97.8% Finance, Info Tech & Customer Services 2,444,787 2,357,929 2,321,654 36,275 98.5% Library & Recreation 1,904,696 1,875,808 1,828,821 46,987 97.5% Fire Department 709,862 665,732 654,036 11,696 98.2% Assessor 197,249 269,721 270,570 (849) 100.3% Insurance 600,000 550,000 529,037 20,963 96.2% OPEB - Retiree’s Health Care Contribution 1,297,509 1,297,509 1,297,509 - 100.0% Police Pension Trust Contribution - State Grant 620,000 620,000 538,136 81,864 86.8% Appropriation to Pension Fund 1,090,000 1,544,978 1,544,978 - 100.0% Street Lights 985,000 960,000 968,562 (8,562) 100.9% Debt Service 331,800 331,800 335,225 (3,425) 101.0% Transfer to CDBG 6,000 6,000 - 6,000 0.0% Provision for Uncollectible 10,000 110,000 110,000 - 100.0% Transfers Out Contingency - 172,061 172,061 - 100.0% Capital Projects Fund (2) 1,307,839 1,307,839 1,354,194 (46,355) 103.5% Total Expenditures 34,780,755 34,974,337 34,698,754 275,583 99.2% Budget Balance - Working Capital (Unaudited) 2,913,300 3,322,305 3,433,243 (110,938) 103.3% Total Budget Balance & Expenditures $ 37,694,055 $ 38,296,642 $ 38,131,997 $ 164,645 99.6% Reserve Balances Contingency $ 417,971 $ 725,554 $ 711,747 (1) Property Taxes are the taxes billed and not cash received. The outstanding receivable balance as of 6/30/11 is $317,428.20 as compared to $223,567.86 in June 2010. (2) Reynolds Trust transferred to Library project.

Page 4 of 10 City of Dover Finance Department Preliminary Monthly Report – June 2011 Water/Wastewater Fund Summary Revised 100% of Budget Budget YTD Balance Budget Beginning Balance - Water $ 943,545 $ 1,236,546 $ 1,236,546 $ - 100.0% Beginning Balance - Wastewater $ 585,053 $ 902,366 $ 902,366 $ - 100.0% Beginning Balance - Kent County Treatment $ (1,632,876) $ (1,872,081) $ (1,872,081) $ - 100.0% Revenues Water Fees 4,206,700 4,800,000 4,945,385 (145,385) 103.0% Wastewater Fees 3,308,300 3,500,000 3,694,020 (194,020) 105.5% Kent County Treatment Fees 4,275,600 3,000,000 3,058,656 (58,656) 102.0% Ground Water Adjustment Fees - 1,350,000 1,171,376 178,624 86.8% Water Tank Leases 299,400 299,400 300,137 (737) 100.2% Miscellaneous 72,515 77,800 92,864 (15,064) 119.4% Impact Fees - Water 323,000 323,000 354,825 (31,825) 109.9% Impact Fees - Wastewater 357,000 357,000 393,750 (36,750) 110.3% Total Revenues 12,842,515 13,707,200 14,011,013 (303,813) 102.2% Total Beginning Balance & Revenues $ 12,738,237 $ 13,974,031 $ 14,277,844 $ (303,813) 102.2% Expenses Water/Wastewater Operating Divisions Engineering & Inspection $ 642,878 $ 540,099 $ 488,090 $ 52,009 90.4% Water 412,588 374,920 379,271 (4,351) 101.2% Water Treatment Plant 1,499,857 1,475,704 1,457,505 18,199 98.8% Wastewater 969,762 945,296 909,547 35,749 96.2% Construction & Inspection 392,561 400,439 389,807 10,632 97.3% Kent County Treatment Fees 4,235,403 4,235,403 3,601,194 634,209 85.0% Intrafund Services 1,272,331 1,117,897 1,042,762 75,135 93.3% OPEB - Retiree’s Health Care Contribution 177,427 177,427 177,427 - 100.0% Pension Trust Contribution - Unfunded liability 372,000 372,000 372,000 - 100.0% Debt Service 562,601 460,000 613,983 (153,983) 133.5% Transfers Out Contingency Reserve - 18,000 18,000 - 100.0% Water I & E Fund 500,000 500,000 500,000 - 100.0% Wastewater I & E Fund 500,000 500,000 500,000 - 100.0% Capital Asset Reserve - Water 100,000 100,000 100,000 - 100.0% Capital Asset Reserve - Wastewater 100,000 100,000 100,000 - 100.0% Impact Fee Reserve - Water 110,597 113,000 133,456 (20,456) 118.1% Impact Fee Reserve - Wastewater 6,802 107,000 178,796 (71,796) 167.1% Uncollectible Reserve - 71,000 71,000 - 100.0% Total Expenses 11,854,807 11,608,185 11,032,838 575,347 95.0% Budget Balances Budget Balance - Working Capital - Water (Unaudited) 1,348,501 2,383,557 2,567,172 (183,615) 107.7% Budget Balance - Working Capital - WW (Unaudited) 1,127,608 1,739,773 1,921,077 (181,304) 110.4% Budget Balance-Working Capital - KSA (Unaudited) (1,592,679) (1,757,484) (1,243,243) (514,241) 70.7% Total Budget Balances 883,430 2,365,846 3,245,006 (879,160) 137.2% Total Budget Balances & Expenses $ 12,738,237 $ 13,974,031 $ 14,277,844 $ (303,813) 102.2% Reserve Balances Contingency-Water $ 126,607 $ 125,973 $ 113,552 Contingency-Wastewater $ 141,575 $ 140,866 $ 167,961 Impact Fee Reserve - Sewer NO BUDGET NO BUDGET $ 4,074,439 Impact Fee Reserve - Water NO BUDGET NO BUDGET $ 380,193 Bond Coverage Ratio (Covenant 1.20) 4.76 7.91 9.33

Page 5 of 10 City of Dover Finance Department Preliminary Monthly Report – June 2011 Electric Revenue Fund Summary Revised 100% of Budget Budget YTD Balance Budget Beginning Balance $ 12,086,275 $ 13,537,864 $ 13,537,864 $ - 100.0% Revenues Sales to Customers 96,595,300 97,917,206 99,859,602 (1,942,396) 102.0% Purchased Power Adjustment - Credit (2,000,000) (2,293,603) (2,290,989) (2,614) 99.9% Utility Tax 1,864,800 1,965,000 1,944,543 20,457 99.0% Weyandt Hall Rents 186,816 186,816 215,248 (28,432) 115.2% Miscellaneous Revenues 1,019,800 1,019,800 891,248 128,552 87.4% Interest Earned 65,700 965,500 823,171 142,329 85.3% Intrafund Service Receipts Water/Wastewater 299,442 173,317 171,646 1,671 99.0% Reimbursement of Bond Issuance Costs - - - - 0.0% Total Revenues 98,031,858 99,934,036 101,614,469 (1,680,433) 101.7% Total Beginning Balance & Revenues $ 110,118,133 $ 113,471,900 $ 115,152,333 $ (1,680,433) 101.5% Expenses Power Supply & Generation Power Supply $ 48,059,699 $ 47,634,363 $ 47,543,983 $ 90,380 99.8% Power Supply Management/Incentive 2,280,000 2,321,562 2,355,630 (34,068) 101.5% Capacity Charges 11,618,223 12,302,392 12,344,169 (41,777) 100.3% PJM Charges - Load 11,850,876 13,363,432 14,836,066 (1,472,634) 111.0% Total Power Supply 73,808,798 75,621,749 77,079,848 (1,458,099) 101.9% Plant Operations 5,694,315 6,155,046 6,114,037 41,009 99.3% Generation Fuels 297,820 3,244,977 3,685,199 (440,222) 113.6% Capacity Credits (11,488,785) (11,419,723) (11,407,201) (12,522) 99.9% PJM Credits (720,797) (5,553,404) (6,834,780) 1,281,376 123.1% Total Generation (6,217,447) (7,573,104) (8,442,745) 869,641 111.5% Total Power Supply & Plant 67,591,351 68,048,645 68,637,103 (588,458) 100.9% Electric Operating Divisions: Transmission/Distribution 3,206,515 3,035,144 2,986,828 48,316 98.4% Electrical Engineering 1,842,903 1,745,105 1,514,558 230,547 86.8% Administration 609,169 974,959 942,672 32,287 96.7% Meter Reading 222,908 205,915 204,351 1,564 99.2% Systems Operations 518,053 492,493 486,894 5,599 98.9% Intrafund Services 3,374,945 3,293,025 3,169,873 123,152 96.3% Utility Tax 1,864,800 1,965,000 1,944,543 20,457 99.0% OPEB Trust Contribution 639,110 639,110 639,110 - 100.0% OPEB - Retirees Health Care Contribution 1,200,000 1,200,000 1,200,000 - 100.0% Pension Trust Contribution - Unfunded liability 833,000 833,000 1,110,477 (277,477) 133.3% Interest on Deposits 54,500 54,500 25,389 29,111 46.6% Green Energy Payment to DEMEC 128,600 128,600 136,165 (7,565) 105.9% Accounts Receivable Write-Offs 135,000 310,000 310,000 - 100.0% Inventory Write-Offs 175,000 175,000 175,000 - 100.0% Debt Service 4,058,700 3,589,904 3,590,381 (477) 100.0% Transfers Out: General Fund 8,856,000 8,856,000 8,856,000 - 100.0% Electric Improvement & Extension Fund 3,500,000 3,500,000 3,500,000 - 100.0% Depreciation Reserve 1,250,000 1,250,000 1,250,000 - 100.0% Rate Stabilization Reserve 1,300,000 1,300,000 1,300,000 - 100.0% Total Expenses 101,360,554 101,596,400 101,979,344 (382,944) 100.4% Budget Balance - Working Capital (Unaudited) 8,757,579 11,875,500 13,172,989 (1,297,489) 110.9% Total Budget Balance & Expenses $ 110,118,133 $ 113,471,900 $ 115,152,333 $ (1,680,433) 101.5% Reserve Balances Contingency Reserve $ 1,071,054 $ 1,039,766 $ 1,058,034 Insurance Reserve $ 408,503 $ 408,430 $ 403,810 Rate Stabilization Reserve $ 6,171,027 $ 6,219,819 $ 6,167,428 Bond Coverage Ratio (Covenant 1.25) 1.51 1.79 2.27 Megawatt Hours Sold & Purchased Sales to Customers MWh (excluding Street Light MWh) 707,536 707,536 734,103 Sales per MWh $ 136.514 $ 138.109 $ 135.743 Purchased/Generated MWh 738,215 738,215 768,254 All In MWh Supply & Generation $ 91.561 $ 92.180 $ 89.342

Page 6 of 10 City of Dover Finance Department Preliminary Monthly Report – June 2011 General Capital Project Fund Summary Revised 100% of Budget Budget YTD Balance Budget Beginning Balance - Projects $ 65,479 $ 227,592 $ 227,592 $ - 100.0% Beginning Balance - Library $ - $ 34,583 $ 34,583 $ - 100.0% Revenues Transfer from General Fund for Projects 1,307,839 1,307,839 1,307,839 - 100.0% State Grant - Library 3,343,520 4,250,348 2,016,321 2,234,027 47.4% Police Grant - Public Assembly Room 18,000 20,000 - 20,000 0.0% Miscellaneous Receipts - - 5,130 (5,130) 0.0% Library Bond Issue/Contributions 1,000,000 1,000,000 30,000 970,000 3.0% Transfer from Library Reserve 2,343,519 2,363,732 683,187 1,680,545 28.9% Transfer from Parkland Reserve - 36,872 28,629 8,243 77.6% Transfer from Community Transportation Fund - - 120,000 (120,000) 0.0% Transfer from Capital Asset Reserve 140,000 - - - 0.0% Transfer from Reynolds Trust - - 46,355 (46,355) 0.0% Interest Earnings 10,900 10,900 2,244 8,656 20.6% Income from Sale of Assets - - 26,100 (26,100) 0.0% Total Revenues 8,163,778 8,989,691 4,265,805 4,723,886 47.5% Total Beginning Balance & Revenue $ 8,229,257 $ 9,251,866 $ 4,527,980 $ 4,723,886 48.9% Expenditures Fire $ 288,210 $ 223,700 $ 223,399 $ 301 99.9% Grounds Maintenance 63,675 46,517 46,549 (32) 100.1% Library 6,687,039 7,630,663 2,829,484 4,801,179 37.1% Recreation 45,000 81,872 38,453 43,419 47.0% Police 282,380 322,830 301,818 21,012 93.5% Streets 481,055 454,476 454,599 (123) 100.0% Sanitation 246,075 212,419 212,446 (27) 100.0% Information Technology 12,000 7,000 6,680 320 95.4% Mayor 31,500 52,198 52,198 - 100.0% Transfer to Community Transportation Fund - 25,000 25,000 - 100.0% Total Expenditures 8,136,934 9,056,675 4,190,626 4,866,049 46.3% Budget Balance - Projects (Unaudited) 92,323 195,191 337,354 (142,163) 172.8% Total Budget Balance & Expenditures $ 8,229,257 $ 9,251,866 $ 4,527,980 $ 4,723,886 48.9% Reserve Balances Capital Asset Replacement Reserve $ 116,465 $ 256,645 $ 253,420 Library Reserve $ 1,243,686 $ 1,217,579 $ 2,575,784 Parkland/Recreation $ 185,045 $ 191,522 $ 196,672

Page 7 of 10 City of Dover Finance Department Preliminary Monthly Report – June 2011 Water/Wastewater Improvement & Extension Fund Summary Revised 100% of Budget Budget YTD Balance Budget Beginning Balance - Water $ 743,431 $ 1,590,874 $ 1,590,874 $ - 100.0% Beginning Balance - Wastewater $ 257,168 $ (45,575) $ (45,665) $ 90 100.2% Beginning Balance - Bond Proceeds - Wastewater $ 286,500 $ - $ - $ - 0.0% Revenues Bond Issue Proceeds Series 2010 3,016,200 - - - 0.0% Income from Sale of Assets - - 11,529 (11,529) 0.0% Interest Earned - - 26,620 (26,620) 0.0% State Loan-Water 2010 Issue - 2,404,017 480,528 1,923,489 20.0% State Loan-Wastewater 2009 Issue - 3,797,956 3,976,684 (178,728) 104.7% State Loan-Wastewater 2011 Issue - 765,060 - 765,060 100.0% Transfer from Water Operating Fund for Water 500,000 500,000 500,000 - 100.0% Department of Energy Grant - 28,877 28,877 - 100.0% Transfer from Wastewater Operating Fund for Wastewater 500,000 500,000 500,000 - 0.0% Transfer from Impact Fee Reserve - Wastewater 242,040 516,781 - 516,781 0.0% Total Revenues 4,258,240 8,512,691 5,524,238 2,988,453 64.9% Total Beginning Balance & Revenues $ 5,545,339 $ 10,057,990 $ 7,069,447 $ 2,988,543 70.3% Expenses Water $ 620,000 $ 3,605,055 $ 953,783 $ 2,651,272 26.5% Wastewater 1,560,700 5,259,623 3,694,120 1,565,503 70.2% Total Expenses 2,180,700 8,864,678 4,647,903 4,216,775 52.4% Budget Bal-Working Capital - WW Bond Proceeds (Unaudited) 2,153,140 - - - 0.0% Budget Balance - Working Capital - Water (Unaudited) 623,431 889,836 1,636,694 (746,858) 183.9% Budget Balance - Working Capital - WW (Unaudited) 588,068 303,476 784,850 (481,374) 258.6% Total Budget Balances 3,364,639 1,193,312 2,421,544 (1,228,232) 202.9% Total Budget Balances & Expenses $ 5,545,339 $ 10,057,990 $ 7,069,447 $ 2,988,543 70.3% Reserve Balances Capital Asset Replacement - Water $ 319,003 $ 336,064 $ 315,695

Page 8 of 10 City of Dover Finance Department Preliminary Monthly Report – June 2011 Electric Improvement & Extension Fund Summary Revised 100% of Budget Budget YTD Balance Budget Beginning Balance $ 1,688,861 $ 3,429,624 $ 3,429,624 $ - 100.0% Beginning Balance Bond $ - $ 415,585 $ 415,585 $ - 100.0% Revenues Interest Earnings 40,700 40,700 7,802 32,898 19.2% Transfer from Electric Revenue Fund 3,500,000 3,500,000 3,500,000 - 100.0% Insurance Claim Proceeds - 280,000 274,954 5,046 98.2% Federal/State Grants - 480,909 306,457 174,452 63.7% Income from Sale of Assets - - 11,494 (11,494) 0.0% State Reimbursement for Governor's Ave - - 260,441 (260,441) 0.0% Total Revenues 3,540,700 4,301,609 4,361,148 (59,539) 101.4% Total Beginning Balance & Revenues $ 5,229,561 $ 8,146,818 $ 8,206,357 $ (59,539) 100.7% Expenses Power Plant $ 1,480,068 $ 2,106,427 $ 1,967,543 $ 138,884 93.4% Transmission/Distribution 739,000 731,432 692,823 38,609 94.7% Electrical Engineering 1,390,429 1,747,863 1,370,616 377,247 78.4% Transfer to Depreciation Reserve - 1,000,000 1,000,000 - 100.0% Total Expenses 3,609,497 5,585,722 5,030,982 554,740 90.1% Budget Balance - Working Capital (Unaudited) 1,620,064 2,561,096 3,175,375 (614,279) 124.0% Total Budget Balance & Expenses $ 5,229,561 $ 8,146,818 $ 8,206,357 $ (59,539) 100.7% Reserve Balances Depreciation Reserve $ 9,572,390 $ 10,511,755 $ 10,424,493 Future Capacity Reserve $ 9,294,563 $ 9,294,628 $ 9,189,589

Page 9 of 10 City of Dover Finance Department Preliminary Monthly Report – June 2011 Community Transportation Improvement Fund Revised 100% of Budget Budget YTD Balance Budget Beginning Balance $ 100,913 $ 309,851 $ 309,851 $ - 100.0% Revenues Grants Revenue 1,000,000 1,000,000 505,484 494,516 50.5% Transfer from General Fund 300,000 300,000 325,000 (25,000) 108.3% Transfer from CDBG & CDBG-R - - 134,960 (134,960) 0.0% Interest Earned 2,800 2,800 371 2,429 13.3% Total Revenues 1,302,800 1,302,800 965,815 336,985 74.1% Total Beginning Balance & Revenues $ 1,403,713 $ 1,612,651 $ 1,275,666 $ 336,985 79.1% Expenses Program Expenses - Grant related $ 1,000,000 $ 1,000,000 $ 554,002 $ 445,998 55.4% Program Expenses - City appropriated 300,000 300,000 179,271 120,729 59.8% Transfer to General Capital Projects Fund - - 120,000 (120,000) 0.0% Total Expenses 1,300,000 1,300,000 853,273 446,727 65.6% Budget Balance - Working Capital (Unaudited) 103,713 312,651 422,393 (109,742) 135.1% Total Budget Balances & Expenses $ 1,403,713 $ 1,612,651 $ 1,275,666 $ 336,985 79.1%

Page 10 of 10 CITY OF DOVER SPECIAL REVENUE FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN UNRESERVED FUND PRELIMINARY PERIOD ENDED JUNE 30, 2011 CDBG/NSP GIRLS CIRCLE, SUBSTANCE POLICE LIBRARY HOUSING GAMES & YOUTH ABUSE PREV. GRANTS GRANTS GRANTS CONNECT. GRANTS GRANT TOTALS REVENUES: State Grants received $ 145,452 $ 4,000 $ - $ - $ 75,709 $ 225,161 Federal Grants received 378,090 246,996 - 46,616 - 671,702 Federal Grants - NSP - - 308,923 - - 308,923 Federal Grants - CDBG - - 401,370 - - 401,370 Recreation revenue - - - - 44,292 44,292 Miscellaneous revenue (5,130) - 6,314 - - 1,184 Investment income (loss) 537 - - - - 537 TOTAL REVENUES $ 518,949 $ 250,996 $ 716,607 $ 46,616 $ 120,001 $ 1,653,169 EXPENDITURES: Program expenditures $ 299,430 $ 239,029 $ - $ 46,616 $ 133,719 $ 718,794 Program expenditures - NSP - - 290,406 - - 290,406 Program expenditures - CDBG - - 271,127 - - 271,127 TOTAL EXPENDITURES $ 299,430 $ 239,029 $ 561,533 $ 46,616 $ 133,719 $ 1,280,327 Excess (deficiency) of revenues over expenditures $ 219,519 $ 11,967 $ 155,074 $ - $ (13,718) $ 372,842 Other financing sources (uses): - - - - - - Operating transfers-out (145,984) - (136,557) - - (282,541) Excess (deficiency) of revenues and other financing sources over expenditures & other uses $ 73,535 $ 11,967 $ 18,517 $ - $ (13,718) $ 90,301 UNRESERVED FUND BALANCE AT BEGINNING OF YEAR $ 315,736 $ 35,505 $ 61,672 $ - $ 10,710 $ 423,623 UNRESERVED FUND BALANCE AT END OF PERIOD $ 389,271 $ 47,472 $ 80,189 $ - $ (3,008) $ 513,924 Notes: Substance Abuse Prev. Grant: Negative Fund Balance is due to timing, the revenues are on a reimbursement basis. There is $22,453 in outstanding receipts from the Capital School District - these have not been accrued for this preliminary report. Library Grants Library personnel were not able to expend all of the grant in this fiscal year due to staffing issues, a letter was written by the Department Head requesting permission to spend the grant out in the next fiscal year.

City of Dover Capital Investment Plan Project Tracking Report June 30, 2011 *** Preliminary *** Points to Remember - * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010. Can also be amended with City Manager approval per the Budget Amendment Procedure. * Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once individual projects are identified and estimated they are created using an allocation of the overall budgeted amount. * Status and Comments provided by City Manager. * For Finance purposes projects are considered completed when placed in service and all charges have been processed. Community Water & Total Current Year Budget Funding Sources General Transportation Wastewater Electric CIP Budget Balance $ 113,156 $ - $ - $ - $ 113,156 Project Carry Forward Balances 88,083 - 953,238 850,736 1,892,057 Federal and/or State Grants 4,270,348 1,000,000 28,877 242,523 5,541,748 New Revolving Fund Loans - - 863,060 - 863,060 Carry Forward Construction Loan Balances - - 6,201,973 254,757 6,456,730 Bond Proceeds - - - 415,585 415,585 Impact Fees - - 758,821 - 758,821 Income from Sale of Assets - - - - - Parkland Reserve 36,872 - - - 36,872 Library Reserve & Contributions 3,363,732 - - 3,363,732 Transfer from Operating Funds 924,884 325,000 58,709 2,797,792 4,106,385 Interest Earned 10,900 - - 40,700 51,600 Total Funding Sources (Unaudited) $ 8,807,975 $ 1,325,000 $ 8,864,678 $ 4,602,093 $ 23,599,746 Page 1 of 5

City of Dover General Fund - Major CIP Projects June, 2011 *** Preliminary *** Hide TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY2009 Bid Pack A - Done. 2 LB0901 M/G New Library Project $ 18,200,000 $ 24,679,934 $ 3,545,763 $ 21,134,171 14.4% $ 6,687,039 $ 7,630,663 $ 2,808,697 36.8% Started Bid Pack B - Construction Started. 3 Totals - FY09 $ 18,200,000 $ 24,679,934 $ 3,545,763 $ 21,134,171 14.4% $ 6,687,039 $ 7,630,663 $ 2,808,697 36.8% 4 5 FY2010 6 PR1001 Pitts Center Addition $ 50,000 $ 40,000 $ 28,629 $ 11,371 71.6% $ - $ 36,872 $ 25,501 69.2% Complete 7 Totals - FY10 $ 50,000 $ 40,000 $ 28,629 $ 11,371 71.6% $ - $ 36,872 $ 25,501 69.2% 8 9 FY2011 10 Vehicles & Equipment $ 63,675 $ 735,185 $ 620,179 $ 115,006 84.4% $ 735,185 $ 640,440 $ 620,179 96.8% Complete Core Law Enforcement 11 PD1001 Server Replacement - 53,500 52,488 1,012 98.1% - 53,500 52,488 98.1% Complete Public Assembly Room 12 PD1101 Upgrade - 20,000 20,000 - 100.0% - 20,000 20,000 100.0% Complete Playground Improv 13 PR1101 Program - 15,000 12,952 2,048 86.3% 15,000 15,000 12,952 86.3% Complete 14 PR1102 Skate Park - 30,000 - 30,000 0.0% 30,000 30,000 - 0.0% Deferred 15 ST1101 Transfer to CT Fund 300,000 300,000 300,000 - 0.0% 300,000 300,000 300,000 100.0% Complete 16 ST1102 Concrete Program 50,000 50,000 50,123 (123) 100.2% 50,000 50,000 50,123 100.2% Complete Downtown Security 17 MR1101 Cameras 31,500 31,500 31,500 - 100.0% 31,500 31,500 31,500 100.0% Complete 18 Totals - FY11 $ 445,175 $ 1,235,185 $ 1,087,242 $ 147,943 88.0% $ 1,161,685 $ 1,140,440 $ 1,087,242 95.3% 19 20 Grand Totals $ 18,695,175 $ 25,955,119 $ 4,661,633 $ 21,293,486 18.0% $ 7,848,724 $ 8,807,975 $ 3,921,439 44.5% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. G = Grant funded project Page 2 of 5

City of Dover Community Transportation & General Fund Street Funds - Major CIP Projects June, 2011 *** Preliminary *** Hide TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY 2006 2 TE0601 M Lincoln Park Center $ 400,000 $ 479,148 $ 492,970 $ (13,822) 102.9% $ 121,891 $ 121,891 $ 135,713 111.3% Started Ongoing. 3 Totals $ 400,000 $ 479,148 $ 492,970 $ (13,822) 102.9% $ 121,891 $ 121,891 $ 135,713 111.3% 4 5 FY 2007 6 E. Water Street Brick $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ 65,000 $ 65,000 - 0.0% Specialty contract needed. 7 Totals $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ 65,000 $ 65,000 $ - 0.0% 8 9 FY 2009 10 Schutte Parking Lot $ 21,950 $ 21,950 $ - $ 21,950 0.0% $ 21,950 $ 21,950 - 0.0% Deferred 11 C Turnberry Drive 40,000 74,719 74,719 - 100.0% 40,000 74,719 74,719 100.0% Complete 12 Totals $ 61,950 $ 96,669 $ 74,719 $ 21,950 77.3% $ 61,950 $ 96,669 $ 74,719 77.3% 13 14 FY 2011 15 CT1051 C Washington Street $ 104,000 $ 154,540 $ 154,540 $ - 100.0% $ 104,000 $ 154,540 $ 154,540 100.0% Complete Mitschner Road (incl. CDBG and CDBG-R covered 16 CT1108 CDBG) 169,066 272,779 246,672 26,107 90.4% 272,779 304,026 246,672 81.1% Complete $134,961 of expense 17 CT1086 Delaware Ave 6,250 6,250 6,250 - 100.0% 6,250 6,250 6,250 100.0% Complete 18 CT1118 Oak Road Signage 11,875 11,875 10,546 1,329 88.8% 11,875 11,875 10,546 88.8% Complete 19 CT1142 Governor's Ave. Rebuild 1,000 1,000 561 439 56.1% 1,000 1,000 561 56.1% Complete 20 CT1161 Towne Point 7,500 7,500 7,400 100 98.7% 7,500 7,500 7,400 98.7% Complete 21 CT1162 Library Access Rd. 105,000 105,000 120,000 (15,000) 114.3% 105,000 120,000 120,000 100.0% Complete Voshell's Cove Sign CT1188 Repair - 2,859 2,859 - 100.0% - 2,859 2,859 100.0% Complete 22 ST1101 Street & Alley Program 300,000 239,741 94,012 145,729 300,000 239,741 - Hiawatha Lane 35,955 Complete Susan Place 31,246 Complete Delaware Ave Alley 3,834 Complete Reed Street 22,977 Complete Balance not used rolls to next Total Street & Alley Prog 300,000 239,741 94,012 145,729 39.2% 300,000 239,741 94,012 39.2% Fiscal Year State Agreements not yet Agreements have not been 23 applied for or received 458,968 346,468 - 346,468 0.0% 196,508 193,649 - 0.0% received. 24 Totals $ 1,163,659 $ 1,148,012 $ 642,840 $ 505,172 56.0% $ 1,004,912 $ 1,041,440 $ 642,840 64.0% 25 26 Grand Totals $ 1,690,609 $ 1,788,829 $ 1,210,529 $ 578,300 67.7% $ 1,253,753 $ 1,325,000 $ 853,272 68.1% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. Page 3 of 5

City of Dover Water/Wastewater Improvement & Extension Fund - Major CIP Projects June, 2011 *** Preliminary *** TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Approved Revised Fiscal % Project Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY 2008 S. Gov. Ave. Water Main Done. Awaiting Invoices from the 2 WD0807 Upgrade $ 200,000 $ 200,000 $ 2,664 $ 197,336 1.3% $ - $ 197,336 $ - 0.0% Complete State Selecting Tank Model & Site; FY13 3 WD0804 M 1.0 MG Elevated Water Storage 4,196,600 2,590,000 21,084 2,568,916 0.8% - 193,377 14,461 7.5% Started = Constr. 4 WD0805 M Piney Point Well 398,800 665,000 67,682 597,318 10.2% - 162,525 15,207 9.4% Started DNREC permiting; FY11 = Constr. Done. Awaiting Invoices from the 5 WW0809 M S. Governors Ave. Sewer Main 300,000 291,000 13,561 277,439 4.7% - 279,244 1,805 0.6% Complete State US 13 East Sanitary Sewer 6 WW0810 M/SL Interceptor 2,376,800 3,409,641 2,943,812 465,829 86.3% - 2,313,958 2,075,651 89.7% Complete 7 Totals - FY08 $ 7,472,200 $ 7,155,641 $ 3,048,803 $ 4,106,838 42.6% $ - $ 3,146,440 $ 2,107,124 67.0% 8 9 FY2009 10 WQ0905 M/SL Bayard Avenue $ 590,910 $ 490,910 $ 286,790 $ 204,120 58.4% $ - $ 484,420 $ 280,300 57.9% Started Started construction in March. 11 WQ0906 M/SL East side N. State Street 868,707 178,611 177,178 1,433 99.2% - 148,715 148,175 99.6% Complete Phase one complete. 12 WQ0907 M/SL Route 13 Water Main 1,058,700 2,226,783 396,732 1,830,051 17.8% - 2,158,686 272,736 12.6% Started Going to bid. Start in May. 13 R Water Quality Improve FY09 $ 2,518,317 $ 2,896,304 $ 860,701 $ 2,035,603 29.7% $ - $ 2,791,821 $ 701,212 170.1% Started 14 DE State University Pumping 15 WW0902 M/SL Station $ 386,400 $ 386,400 $ 321,267 $ 65,133 83.1% - 240,324 175,552 73.0% Complete Fox Hall/Retreat Force Main 16 WW0905 M/SL Rerouting 133,100 139,245 238,789 (99,544) 171.5% - 20,351 20,351 100.0% Complete 17 WW0907 M/SL Acorn Lane P/S Replace. 386,400 386,400 321,908 64,492 83.3% - 210,528 146,397 69.5% Complete 18 Totals - FY09 $ 3,424,217 $ 3,808,349 $ 1,742,665 $ 2,065,684 45.8% $ - $ 3,263,024 $ 1,043,512 32.0% 19 20 FY2010 21 WD1002 R Remote Control & Monitor Wells $ 55,000 $ 55,000 $ 55,000 $ (0) 100.0% $ - $ 31,896 $ 31,896 100.0% Complete 22 WW1001 M/SL Inflow/Infiltration Removal 1,800,000 - 924,200 (924,200) 0.0% - - 922,979 0.0% Started Budget in FY 12; Started in May 23 WW1007 M/SL Fox Hall Pump Station 427,900 392,044 50,213 341,831 12.8% 375,900 409,044 48,357 11.8% Started Out to bid. Heatherfield Force Main 24 WW1008 M/SL Rerouting 220,400 324,916 48,695 276,221 15.0% 229,200 284,916 47,411 16.6% Started Out to bid. 25 WW1010 I Tar Ditch Interceptor Upgrade 518,230 518,230 22,871 495,359 4.4% - 516,781 21,422 4.1% Started Reviewing design. 26 WS1001 Various Pump Motor Replace 45,248 28,877 28,877 - 100.0% - 28,877 28,877 100.0% Complete 27 Totals - FY10 $ 3,066,778 $ 1,319,067 $ 1,129,855 $ 189,212 85.7% $ 605,100 $ 1,271,514 $ 1,100,941 86.6% 28 29 FY2011 30 WD1101 Misc. Disb. System Upgrade $ 60,000 $ 38,100 $ 10,045 $ 28,055 26.4% $ 60,000 $ 38,100 $ 10,045 26.4% Complete 31 WD1102 Wellhead Redevelopment 60,000 60,000 59,336.00 664 98.9% 60,000 60,000 59,336 98.9% Complete 32 WQ1101 WQI - Loockerman Street 500,000 110,000 104,626 5,374 95.1% 500,000 110,000 104,626 95.1% Complete 33 WQ1102 WQI - Columbia Avenue - 5,000 4,250.00 750 85.0% - 5,000 4,250 85.0% Complete Construction in FY12. 34 WQ1103 WQI - Ross Street - 5,000 4,250.00 750 85.0% - 5,000 4,250 85.0% Complete Construction in FY12. 35 WQ1104 WQI - William Street - 5,000 4,250.00 750 85.0% - 5,000 4,250 85.0% Complete Construction in FY12. 36 WQ1105 WQI - West Street (W. Alley) - 5,000 4,250.00 750 85.0% - 5,000 4,250 85.0% Complete Construction in FY12. 37 WW1101 M/SL Inflow/Infiltration Removal 500,000 500,000 32,366.88 467,633 6.5% 500,000 500,000 32,367 6.5% Started Will complete after FY10 is done. 38 WW1102 R Scada Tech. Equip. Upgrade 82,100 82,100 76,264 5,836 92.9% 82,100 82,100 76,264 92.9% Started 4 of 7 installed. Del State/Del Tech Force Main Shifted completion to interceptor 39 WW1103 Rerouting 286,500 286,500 - 286,500 0.0% 286,500 286,500 - 0.0% Done (WW0810). 40 WW1104 SL Lepore Road P/S Replacement 52,000 52,000 55,536 (3,536) 106.8% 52,000 52,000 55,536 106.8% Complete 41 WW1105 R Misc. Sewer System Improve 35,000 35,000 35,152 (152) 100.4% 35,000 35,000 35,152 100.4% Complete 42 Totals - FY11 $ 1,575,600 $ 1,183,700 $ 390,326 $ 793,374 33.0% $ 1,575,600 $ 1,183,700 $ 390,326 33.0% 43 44 Grand Totals $ 15,538,795 $ 13,466,757 $ 6,311,649 $ 7,155,108 46.9% $ 2,180,700 $ 8,864,678 $ 4,641,903 52.4% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. SL = State Loan Project - construction phase is financed I = Impact Fee Financed Project Page 4 of 5

City of Dover Electric Improvement & Extension Fund - Major CIP Projects June, 2011 *** Preliminary *** TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Current Revised Fiscal % Project Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY 2006 2 EE0601 M/B 69 KV feeders 3 and 4 $ 11,060,000 $ 8,693,782 $ 8,761,762 $ (67,980) 100.8% $ - $ 4,242 $ 4,242 100.0% Complete 3 EE0603 M/S Governor's Avenue Rebuild 1,268,450 2,068,260 552,362 1,515,898 26.7% - 250,000 31,901 12.8% Complete 4 Totals - FY06 $ 12,328,450 $ 10,762,042 $ 9,314,123 $ 1,447,919 86.5% $ - $ 254,242 $ 36,143 14.2% 5 6 FY 2008 7 EG0801 Unit 3 Turb Bearing Fire Protect De $ 50,000 $ 50,000 $ 44,720 $ 5,280 89.4% $ - $ 50,000 $ 44,720 89.4% Complete 8 Totals - FY08 $ 50,000 $ 50,000 $ 44,720 $ 5,280 89.4% $ - $ 50,000 $ 44,720 89.4% 9 10 FY2010 11 EG1001 B Vansant CT Mark IV Control $ 700,000 $ 610,000 $ 438,687 $ 171,313 71.9% - $ 152,050 $ 152,050 100.0% Complete 12 EG1002 B McKee Run Entrance Road 240,000 240,000 156,878 83,122 65.4% - 154,244 156,399 101.4% Complete 13 EG1005 Work Mgmt. System Replace 85,000 85,000 26,577 58,423 31.3% - - 9,859 0.0% Complete 14 EG1009 Photovoltaic Install @ McKee - 65,065 65,065 - 100.0% - 65,065 65,065 100.0% Complete 15 EE1005 M/B Mid City Substation 1,488,461 993,711 975,819 17,892 98.2% - 1,087 1,087 100.0% Complete 16 EE1009 S LED Lighting Replacement 70,087 86,457 86,456 1 100.0% - 86,457 86,456 100.0% Complete 17 EU1002 B Crossgates 396,904 543,075 524,391 18,684 96.6% - 1,441 1,440 100.0% Complete 18 EU1003 B Buchanan Acres 406,000 1,094,646 1,207,967 (113,321) 110.4% - 129,502 129,502 100.0% Complete 19 20 Totals - FY10 $ 3,386,452 $ 3,717,954 $ 3,481,840 $ 236,114 93.6% $ - $ 589,846 $ 601,859 102.0% 21 22 FY2011 23 --- Vehicles & Equipment $ 158,200 $ 158,200 $ 113,437 $ 44,763 71.7% $ 158,200 $ 158,200 $ 113,437 71.7% Complete 24 EE1101 Substation PT & CT Replace 256,218 256,218 216,932 39,286 84.7% 256,218 256,218 216,932 84.7% Complete 25 EE1102 Replace of 69 kV Breakers 100,000 100,000 98,292 1,708 98.3% 100,000 100,000 98,292 98.3% Complete 26 EE1103 Lighting Rehabilitation 100,000 107,645 107,644 1 100.0% 100,000 107,645 107,644 100.0% complete 27 EE1104 Walker Road OH Conversion 350,511 - - - 0.0% 350,511 - - 0.0% Deferred 28 EE1105 Engineering Misc. Equip. Replace 40,000 40,000 31,467 8,533 78.7% 40,000 40,000 31,467 78.7% Complete 29 EE1106 Substation Batteries 24,500 24,500 23,489 1,011 95.9% 24,500 24,500 23,489 95.9% Complete 30 EE1107 Wyoming Mill Road Realignment - 91,000 47,877 43,123 0.0% - 91,000 47,877 52.6% Complete 31 EE1111 UG Transformers 120,536 120,536 109,268 11,268 90.7% 120,536 120,536 109,268 90.7% Complete 32 EE1111 UG Conductors 529,464 521,820 494,950 26,870 94.9% 529,464 521,820 494,950 94.9% Complete 33 EE1111 Meters 50,000 50,000 52,151 (2,151) 104.3% 50,000 50,000 52,151 104.3% Complete 34 EE1112 69kV Sub Switch Replacement - 180,000 144,593 35,407 80.3% - 180,000 144,593 80.3% Complete 35 EG1101 Unit 3 Cooling Tower Fill 353,338 383,338 371,513 11,825 96.9% 353,338 383,338 371,513 96.9% Complete 36 EG1102 Units 1 & 2 Cooling Tower 218,730 173,730 134,138 39,592 77.2% 218,730 173,730 134,138 77.2% Complete 37 EG1103 Unit 3 Turbine Inspection 348,000 - - - 0.0% 348,000 - - 0.0% Deferred Construction in FY12. 38 EG1104 Unit 3 Aux System Components 113,000 - - - 0.0% 113,000 - - 0.0% Deferred Deferred to FY12. 39 EG1105 Plant Misc. Equipment Replmnt 71,000 77,000 66,051 10,949 85.8% 71,000 77,000 66,051 85.8% Complete 40 EG1106 Unit 3 Stack Repairs 25,000 - - - 0.0% 25,000 - - 0.0% Deferred Deferred to FY12. 41 EG1107 Units 1 & 2 Life Extension 276,000 225,000 212,669 12,331 94.5% 276,000 225,000 212,669 94.5% Complete 42 EG1108 Unit 1 Turbine Outage - 412,000 424,747 (12,747) 103.1% - 412,000 424,747 103.1% Complete Emergency repair 43 EG1109 Unit 3 FD & ID FAN CNRL UP 45,000 - - - 0.0% 45,000 - - 0.0% Deferred Next fiscal year. 44 EG1110 Unit 3 DCS Com & Software 30,000 - - - 0.0% 30,000 - - 0.0% Deferred Next fiscal year. 45 EG1111 Unit 2 Boiler Inspection & Repair - 124,000 111,523 12,477 89.9% - 124,000 111,523 89.9% Started Emergency repair. 46 EG1112 Unit 3 Heat Expansion Joint - 65,000 67,193 (2,193) 103.4% - 80,000 67,193 84.0% Started Started with spring outage. 47 EG1113 Units 1 & 2 Control Modifications - 150,000 124,300 25,700 82.9% - 150,000 124,300 82.9% Started Started with spring outage. 48 EG1114 Unit 3 Gas Line Modification - 60,000 23,794 36,207 39.7% - 60,000 23,794 39.7% Started Started with spring outage. 49 EU1101 Distribution Upgrades 400,000 373,018 368,709 4,309 98.8% 400,000 373,018 368,709 98.8% Complete 50 $ 3,609,497 $ 3,693,005 $ 3,344,739 $ 348,266 90.6% $ 3,609,497 $ 3,708,005 $ 3,344,739 90.2% 51 52 Grand Totals $ 19,374,399 $ 18,223,001 $ 16,185,422 $ 2,037,579 88.8% $ 3,609,497 $ 4,602,093 $ 4,027,460 87.5% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. B = Bonded Project S = State fully or partially reimbursed project Page 5 of 5

ACTION FORM PROCEEDING: Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities – Electric DATE SUBMITTED: 7-18-11 PREPARED BY: Ron Lunt, Public Utilities Director SUBJECT: Bid Evaluation – SCADA Master Hardware Replacement REFERENCE: CIP – SCADA Master Hardware Replacement RELATED PROJECT: N/A APPROVALS: Interim City Manager, Controller/Treasurer EXHIBITS: Sole Vendor Information and Quote from Siemens Energy, Inc. EXPENDITURE REQUIRED: $71,560 AMOUNT BUDGETED: $75,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Public Utilities – Electric Engineering, SCADA Master Hardware Replacement, Account Number 487-8300-563-80-38, Project Number EE1209. Page 120 of the Draft FY 2012 Electric Engineering budget. TIME TIME TABLE: Order will be placed following Council approval. RECOMMENDED ACTION: Staff recommends purchasing the SCADA Master hardware from the sole vendor, Siemens Energy, Inc., for a total amount of $71,560. BACKGROUND AND ANALYSIS The purpose of the System Control and Data Acquisition (SCADA) system is to monitor and control the Electric substations and the Wastewater lift stations. Staff is recommending the replacement of the Master Station hardware which is located in the Public Utilities Administration building and is the primary interface with the field facilities for the System Operators. The Master Station system is basically a proprietary, computer based, system that communicates with the Remote Terminal Unit field devices located in the substations and lift stations. The SCADA Master allows the operator to monitor and control devices in the City’s facilities. It monitors the Wastewater lift stations and provides status of the pumps, generators, and electric service. It also communicates with the substations and provides load information, breaker status and control, and transformer loading and alarms. The System will alarm and notify the operator when the field devices are not performing within their designed parameters. The existing Master Station has reached its normal expected life of six years and has experienced one major failure over the past year.

Spectrum Power TG for Windows NETWORK MANAGEMENT SYSTEM FOR: Quote: S10-131r3 City of Dover Date: 18-Jul-2011 SCADA Upgrade Valid for: 60 days Delivery Schedule: 90 days ARO Payment Terms: 30 days Net LIST OF DELIVERABLES Delivery FCA: Dover, DE Item Description Quantity Price - USD Power TG for Windows SCADA Upgrade Scope, consisting of: 1 Power TG Upgrade Services $23,600 Project Management 1 Hardware-Setup SCADA Server (including OS & Power TG baseline 1 software installation) Hardware-Setup TG Consoles (including OS & Power TG baseline 1 software installation) Revise System Configuration drawing 1016977000 to include these 1 new changes/HW. Database conversion for all lines and all RTUs 1 Receiving & Shipping Preparation 1 Remote Installation/Configuration Support 1 2 Dual Rack Mount Host Servers with 16 Serial Comm lines $18,500 ML350R06 SFF CTO 2xNIC, P410i, 8xSFF drive bays, 6xPCIe, 2 6xUSB, 1xSerial port Processor Quad Core Xeon E5640, 2.66 GHz DDR3-1066 HT 2 Memory 4GB 2Rx4, PC3-10600, CAS-7 2 Disk drive 72GB 15K SAS SFF2.5 HP DP 6 Disk Cache unit 256MB FIO P-series 2 StorageWorks DAT 320 USB Internal Tape Drive 2 Half-Height SATA DVD RW Optical Drive 2 Riser card kit 2 x PCI-X slot option 2 Modem 56K/V.92 USB External, supports 32 & 64 bit OS 2 Keyboard USB, Standard 2 Mouse USB 2-Button Optical Scroll 2 Power Supply Kit 750W CS HE 4 Windows 2008 Server Std Ed, FIO, Npi SW - OEM 2 Software SQL 2008 Workgroup Ed, 5-CAL, 2 CPU max, OS mem 1 max, 32-bit, Unlimited DB size, 4GB mem max for Reporting Services (not used by Power TG) Software pcAnywhere v12.5 H/R Win/Linux/Mac 2 Software Exceed v2008 Single, w/1 yr maint. 2 Monitor LCD 20.1" LP2065 TFT, 1600x1200, 75Hz, 800:1, .255mm, 2 DVI/VGA/HD-15 Advance recovery Recycle Fee - Displays 15-34in CAL 2 Digiboard AccelePort C/X, PCI Controller, 16-RJ45 ports module 2 rack mount, bus cable, internal PS. Siemens Energy, Inc. Energy Automation S10-131Qr3 City of Dover Upgrade.xls 1350 Shorebird Way, Mountain View, CA 94043-1338, USA Page 1

Spectrum Power TG for Windows NETWORK MANAGEMENT SYSTEM FOR: Quote: S10-131r3 City of Dover Date: 18-Jul-2011 SCADA Upgrade Valid for: 60 days Delivery Schedule: 90 days ARO Payment Terms: 30 days Net LIST OF DELIVERABLES Delivery FCA: Dover, DE Item Description Quantity Price - USD 3 Operator Consoles - Dual LCD $7,070 Workstation Z200, i3-530 2.93GHz Dual core, 2GB Mem, NVIDIA 2 NVS 295 256MB mem, 1x160GB SATA 7200 HDD, DVD+-RW, PS/2 Kybd, 3B USB Opticl mse, 2xNIC GbE, 3xExt drive bays, 3xInt drive bays, 6xUSB2.0, 320W PS, Win7 dwngrd XP 32 Pro, Local Kit, 3-3-3 warranty Monitor LCD 24" LP2465 4 Software Exceed v2008 Single, w/1 yr maint. 2 Options Power TG for Windows Upgrade Options, consisting of: 4 Wireless Paging System $7,740 Wireless Alarm Paging Setup 1 Alarm Paging Interface License 1 5 WebServer for up to 10 users $10,700 Web Console Server License (qty 1) 1 Hardware-Setup Web Consoles (including OS & Power TG baseline 1 software installation) DL320G6 Chassis, 1xCPU skt, 9xDIMM slots, 4xLFF Drive bays, 1 B110i SATA RAID 0/1 cntrl, 2xNIC Gigabit, 1xPCIe, 1x1/2PCIe LP, 6xUSB, 1xPS. Backplane 4HDD G6 kit 1 Cable Mini SAS to Mini SAS 33in 1 Processor E5520 Xeon Quad core, 2.26 GHz, 8MB L3 cache, 80W, 1 DDR3-1066, HT Memory 4GB 2Rx4, PC3-10600, CAS-7 1 Smart Array controller P212/ZM onboard 1 DVD ROM 9.5mm SATA 1 Disk drive 160GB 7.2K SATA 1y Wty 2 Ethernet NC110T PCIe Gigabit 1 Power Cord IEC 320 EN 60320 C13, NEMA 5-15 1 Power Supply 400W Kit 1 Windows 2008 Server Std Ed, FIO, Npi SW - OEM 1 Apache Web Server Application for WEBOIS servers - Unlimited 1 User Software Exceed v2008 Single, w/1 yr maint. 1 Monitor LCD 20.1" LP2065 TFT, 1600x1200, 75Hz, 800:1, .255mm, 1 DVI/VGA/HD-15 Advance recovery Recycle Fee - Displays 15-34in CAL 1 Siemens Energy, Inc. Energy Automation S10-131Qr3 City of Dover Upgrade.xls 1350 Shorebird Way, Mountain View, CA 94043-1338, USA Page 2

Spectrum Power TG for Windows NETWORK MANAGEMENT SYSTEM FOR: Quote: S10-131r3 City of Dover Date: 18-Jul-2011 SCADA Upgrade Valid for: 60 days Delivery Schedule: 90 days ARO Payment Terms: 30 days Net LIST OF DELIVERABLES Delivery FCA: Dover, DE Item Description Quantity Price - USD 6 Firewalls for DMZ - 1 towards SCADA, 1 towards 'Corporate $1,750 Users' Router Firewall C805 8MB flash, IP/IPX/Firewall/Ipsec/3DES Plus, 1 2 NIC, 1 Serial for WAN up to 512kbps 7 Remote Access/Support VPN $2,200 Router with Firewall SW, 2xFast NIC, 2 WIC slots, 256 DRAM, rack 1 mount NOTES A. Current Dover SCADA system consists of Dual Host servers, 2 Operator consoles with 2 displays each. B. Customer will reuse existing network cables, hubs/switches, serial communication cables, modem splitters (share modules) and modems. C Current system uses fiber (L-MUX) to each substation, except to lift stations which are microwave. City of Dover will reuse the serial to network (fiber) converters/adapters. Terms and Payment Schedule Payment Schedule Milestones % Completion 100% Terms & Conditions per attached Siemens Energy, Inc. Standard Terms & Conditions of Sale The content of this document and the software described herein, is the confidential proprietary information of Siemens Energy, Inc. and may not be released in any form to any third party without the prior express written consent of Siemens Energy, Inc. All rights reserved. Siemens Energy, Inc. Energy Automation S10-131Qr3 City of Dover Upgrade.xls 1350 Shorebird Way, Mountain View, CA 94043-1338, USA Page 3

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities – Electric Eng. DATE SUBMITTED: 8-03-2011 PREPARED BY: Ronald H. Lunt, Public Utilities Director SUBJECT: Evaluation of Proposals – Substation PT & CT Replacement REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: Interim City Manager, Controller/Treasurer EXHIBITS: Evaluation Summary EXPENDITURE REQUIRED: $183,906.97 AMOUNT BUDGETED: $267,715 FUNDING SOURCE (Substation PT & CT Replacement): Page 112 in the Draft Budget, Public Utilities – Electric Engineering, Account 487-8300-563-70-27, Project # EE1201. This bid is for the major equipment, there will be additional fees for engineering and cables. TIMETABLE: Contract to be awarded upon Council approval. RECOMMENDED ACTION: Staff recommends awarding the proposals to HD Supply for the total amount of $183,906.97 as outlined in the table below. BACKGROUND AND ANALYSIS This project will be replacing aging metering/system protection equipment in the older substations. The equipment to be replaced includes the Potential Transformers (PT’s) which measures the line voltage and reduces it to a voltage level the relays can interpret and the Current Transformers (CT’s) which reduces the current to a level that can safely be measured by the relays and meters; all of which provide electric system protection. Additionally, the lightning arrestors will be replaced which protects the equipment during lightning strikes. All of the existing components have exceeded their useful life and are subject to failure, which could be catastrophic. Two years ago a Request for proposals (RFP 10-0027DPU) was sent out and advertised according to the Purchasing policy by the City’s Purchasing Agent which included a requirement that the prices be firm for three years. We received proposals from three vendors; one vendor included five different options and manufactures to choose from. Since this was a Request for Proposal staff evaluated the seven submissions based on the price, reputation of the product, compliance with specifications and delivery. A point system analysis was performed by three staff members from the Engineering Division to adequately and impartially evaluate the proposals; with the goal of providing the best product and to serve the interest of the City of Dover. We have attached a summary of the evaluations for each item. It should be noted that not all recommended purchases are to the low bidder as the bid award is based on the evaluations. The following is a summary of the staffs recommended purchases: Vendor Unit $ Quantity Total $ Eval. Score 69 KV PT HD Supply/Ritz $4,836.84 21 $101,573.64 117 69 KV CT 100/200:5 HD Supply/Ritz $4,473.68 9 $40,263.12 117 69 KV CT 150/300:5 HD Supply/Ritz $4,473.68 3 $13,421.04 117 15 KV PT Double Bushing HD Supply/GE $656.75 8 $5,254.00 112 15 KV CT 1200:5 HD Supply/GE $782.65 3 $2,347.95 112 54 KV Lightning Arrestor HD Supply/Siemens $573.68 27 $15,489.36 103 9 KV lightning Arrestor HD Supply/Siemens $168.42 33 $5,557.86 110 Total Bid Award Value $183,906.97

Recommended Proposal WESCO TRENCH HD / GE HD / RITZ HD / COOPER HD / ITEC HD / SIEMENS Unit $ Quantity Total $ Eval. Score Unit $ Quantity Total $ Eval. Score Unit $ Quantity Total $ Eval. Score Unit $ Quantity Total $ Eval. Score Unit $ Quantity Total $ Eval. Score Unit $ Quantity Total $ Eval. Score Unit $ Quantity Total $ Eval. Score 69 KV PT $5,027.00 21 105,567.00 97 $5,490.00 21 $115,290.00 81 $8,369.00 21 $175,749.00 85 $4,836.84 21 $101,573.64 117 $4,186.58 21 $87,918.18 90 69 KV CT $6,030.00 3 18,090.00 101 $5,750.00 3 $17,250.00 83 $6,549.00 3 $19,647.00 103 $4,473.68 3 $13,421.04 117 $4,691.58 3 $14,074.74 90 69 KV PT 100/200:5 $6,030.00 9 54,270.00 101 $6,100.00 9 $54,900.00 83 $7,114.00 9 $64,026.00 85 $4,473.68 9 $40,263.12 117 $4,825.00 9 $43,425.00 90 15 KV PT $960.00 8 7,680.00 100 $656.75 8 $5,254.00 112 $852.63 7 $5,968.41 111 15 KV CT $915.00 3 2,745.00 102 $782.65 3 $2,347.95 112 $0.00 3 $0.00 111 54 KV Lightning Arrestor $486.00 27 $13,122.00 58 $531.00 27 $14,337.00 66 $542.98 27 $14,660.46 67 $573.68 27 $15,489.36 103 9 KV lightning Arrestor $176.00 33 5,808.00 110 $261.00 33 $8,613.00 106 $194.18 33 $6,407.94 102 $168.42 33 $5,557.86 110 Total of all yellow highlighted cells: $183,906.97

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2011-23 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED 3 AT 327 MARTIN STREET 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 5 the limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 7 property described below from C-4 (Highway Commercial Zone) to IO (Institutional and Office 8 Zone). 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 10 DOVER, IN COUNCIL MET: 11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 12 Ordinance of the City of Dover have been amended by changing the zoning designation from 13 C-4 (Highway Commercial Zone) to IO (Institutional and Office Zone) on that property 14 located at 327 Martin Street (southeast of the intersection of Court Street and South DuPont 15 Highway (Route 13)), consisting of 0.277+/- acres (11,744+/- S.F.), owned by EJB, Inc. The 16 lessee is Serenity Place, Inc. 17 (Tax Parcel: ED-05-077.10-01-48.00-000; Planning Reference: Z-11-06; Council District: 2) 18 ADOPTED: * 19 S:\REZONINGS\2011\327 Martin Street - Serenity Place\Ordinance 2011-23 - Rezoning-327 Martin Street-1st Rdg.wpd 20 Actions History 21 August 22, 2011 - Scheduled for First Reading by Council

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2011-20 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 2 That Chapter 110 - Utilities, Article III - Water Service, Division 1 - Generally, Section 110-67 - Private Wells, 3 be amended by deleting text indicated in red strikeout (subsection (b) Shallow wells in its entirety) and inserting 4 text indicated in bold, blue, italics as follows: 5 Sec. 110-67. Private wells. 6 (a) When authorized. It shall be unlawful and a nuisance for any person to dig, drill or otherwise 7 excavate any well more than 150 feet below the surface of the ground within the city, or one mile 8 thereof, without the permission of the city council given by resolution. No permission shall be 9 given for a well on any property where a potable water supply is available. 10 (b) Shallow wells. Shallow wells may be drilled into and water withdrawn from the unconfined 11 aquifers within the limits of the city, subject to the following: 12 (1) All wells shall require a permit from the state department of natural resources and 13 environmental control or other regulatory agency and the approval of the city setting forth 14 construction details, design yield, and withdrawal rates. 15 (2) All wells must have the approval of the state board of health or other similar regulatory 16 agency for their intended use. 17 (3) A detailed plan showing the well location, well construction, piping plan and connection 18 details shall be submitted with the application. 19 (4) All wells shall be metered by an approved device and daily pumping records maintained. 20 (5) All water derived from shallow wells shall be used only for boiler makeup, cooling water 21 use, and underground irrigation systems. 22 (6) Any revisions, changes or deviations from the original permit must be in the same manner 23 as the original permit. 24 (7) There shall be no interconnection with any public water supply, nor shall the shallow well 25 be used as a potable water supply for human consumption. 26 (8) Private irrigation systems shall be completely underground, with no connections or outlets 27 that could be used for human consumption. Irrigation shall be by sprinkler heads. 28 (b) Geothermal wells. Wells may be drilled for the purpose of the installation of a geothermal 29 heating and cooling system within the limits of the city, subject to the following: 30 (1) These wells shall not be authorized for withdrawal or injection. They will function as 31 borings, filled with a bentonite grout, with a piping system that acts as a heat exchanger 32 to dissipate/absorb heat from the system to the ground. 33 (2) There shall be no interconnection with any public water supply, nor shall the 34 geothermal well be used as a potable water supply for human consumption. 35 (3) No well shall be located within any city right-of-way or utility easement without written 36 authorization from the city manager. 37 ADOPTED: * 38 SYNOPSIS 39 The proposed ordinance would eliminate the allowance of new private shallow wells 40 within the City of Dover, and adds language to clarify that geothermal wells are 41 permitted provided they meet certain criteria. 42 Actions History 43 August 22, 2011 - Scheduled for First Reading by Council 44 August 8, 2011 - Considered by the Utility Committee 45 S:\ORDINANCES\2011\Draft\Ordinance 2011-20 - Irrigation Wells - 1st Rdg.wpd

FIRST READING CITY OF DOVER DRAFT ORDINANCE #2011-21 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B - Zoning, Article 3 – District Regulations, Section 1 – One Family Residence 5 Zones, Subsection 1.15 – Accessory Uses, be amended by deleting text shown in red bold strike- 6 through and inserting text shown in blue bold italics, as follows: 7 8 9 10 11 12 13 14 15 16 FT 1.15 Accessory uses, limited to the following: (a) Professional office or studio of an artist, dentist, musician, teacher, or physician, but not including veterinarians, provided that: i. ii. iii. Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than one nonresident assistant; and Such office or studio shall occupy not more than 30 percent of the area of one floor of the main building. Studios where dancing or music instruction is offered to groups in excess of four 17 18 19 20 21 22 23 24 25 26 RA iv. Medical centers, barbershops, beauty parlors, real estate offices, funeral homes or similar uses shall not be considered permitted accessory uses. (b) Garden house, tool house, playhouse, greenhouse or pool incidental to the residential use of the premises and not operated for gain, provided that pools of 30 inches deep shall i. ii. pupils at one time or where concerts or recitals are held are prohibited. be subject to the following requirements: The edge of the pool shall be kept a distance of not less than ten feet from all property lines. If located within 50 feet of any property line, such pool shall be screened from the view of abutting properties. Such screen shall be at least five feet D 27 28 29 30 31 32 33 34 35 iii. iv. high. Such pool shall be completely surrounded by a fence or wall not less than 3½ feet in height and so constructed as not to have openings larger than four inches in at least one dimension. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use. Swimming pools shall be permitted to be established in the side and rear yard, but shall be prohibited from placement within the required front yard. (c) Private garage, provided that, in the case of a one-family dwelling, such garage shall have 36 a capacity of not more than three passenger automobiles. One such space may be leased 37 to a person not [a] resident on the premises. 38 (d) Keeping domestic animals (except pigs) for individual domestic purposes or as pets, 39 provided not more than three dogs over six months old and not more than 25 fowl shall

40 be permitted, and no animals (except dogs) or fowl shall be penned or housed within 20 41 feet of any lot line. 42 (e) (Reserved.) 43 (f) Dormitories accessory to schools, provided that such dormitories conform to the bulk 44 regulations of the RG-1 zone. For purposes of computing bulk requirements, each four 45 rooms shall be considered one dwelling unit. Parking shall be calculated as identified in 46 Article 6—Off-Street Parking, Section 3—Required off-street parking spaces, Paragraph 47 3.1—Schedule of requirements. 48 (g) Customary home occupations, provided that: 49 i. No display of products, goods and/or signs shall be visible from the street, except 50 as set forth in item [subsection] (e) of this subsection [1.15]. 51 ii. Such home occupation shall be incidental and secondary to the residential use of 52 the premises and shall be conducted in the principal building by the resident or 53 residents that reside therein. 54 55 56 57 58 59 60 61 iii. iv. v. FT Nonresident assistants or co-workers shall be prohibited. Such home occupation shall not occupy more than 30 percent of the area of one floor in the principal building. There shall be no exterior effect such as noise, traffic, odor, dust, smoke, gas, fumes, radiation, or electromagnetic interference. BE IT FURTHER ORDAINED: 62 63 64 65 66 67 68 69 70 71 72 RA That Appendix B – Zoning, Article 5 – Supplementary Regulations, Section 1 – Supplementary Regulations Applying to Residence Zones be amended by adding a new subsection 1.11 Swimming Pools, as follows: 1.11 Swimming Pools 1.111 Definition – For the purposes of this section, swimming pools shall be defined as any pool, tank, depression, or excavation in or above ground, or other structure which shall cause retaining of water over a greater depth than twenty-four (24) inches. 1.112 Safety - All swimming pools as defined in this section must conform to the requirements of Dover Code, Chapter 22 – Buildings and Building Regulations. D 73 74 75 76 77 78 79 80 81 1.113 Placement - Swimming pools shall be permitted to be established in the side and rear yard, but shall be prohibited from placement between the principal structure and the street. 1.114 Setback – The edge of the swimming pool, specifically referring to the edge of the water containment portion of the pool shall be no less than fifteen (15) feet away from all property lines. All associated structures, buildings, and pavement related to the swimming pool shall be no less than five (5) feet away from all property lines. 82 83 SYNOPSIS 84 The proposed ordinance would move the regulations for swimming 85 pools into the supplementary regulations for residence zones and

86 more closely align the requirements with the requirements of the 87 building code. 88 89 ADOPTED: * 90 91 92 Actions History: 93 August 22, 2011 – Proposed First Reading 94 August 8, 2011 - Considered by Legislative, Finance and Administration Committee FT RA D