Council Packet

REGULAR COUNCIL MEETING AGENDA December 12, 2005 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE 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 - Special Council Meeting of November 18, 2005 - Regular Council Meeting of November 28, 2005 2. Public Hearing/Final Reading - Rezoning Property located on the west side of Silver Lake Boulevard adjacent to Silver Lake Convalescent Center, owned by Pelken, Inc. This property is currently zoned C-PO (Commercial/Professional Office) and the proposed zoning is RM-1 (Medium Density Residence) The First Reading of the proposed ordinance was accomplished during the Council Meeting of October 24, 2005. * 3. Special Parks, Recreation, and Community Enhancement Committee Report - November 29, 2005 A. Proposed Resolution - Puncheon Run Watershed Action Team B. Report by City Manager - Status of John W. Pitts Recreation Center * 4. Safety Advisory and Transportation Committee Report - November 29, 2005 A. Proposed Resolution - Endorsement of West Side Connector Option 5C B. Review of Dover Human Relations Commission Recommendations C. Briefing on DelDOT Projects - Gary Laing * 5. Monthly Report - October 2005 A. Mayor’s Report 6. Evaluation of Bids A. Horsepond Substation - Voltage Regulators B. 69KV Breaker Replacement C. 60 KW Standby Generator

Council Agenda December 12, 2005 Page 2 7. Final Reading - Proposed Ordinances The First Reading of the following proposed ordinances was accomplished during the Council Meeting of November 28, 2005. Copies of the proposed ordinances are available at the entrance of the Council Chambers. Revised Budgets for Fiscal Year 2005/2006 8. Council Members Comments /jg S:\ClerksOffice\Agendas&Minutes\Council-Agendas\2005\12-12-2005.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.

SPECIAL COUNCIL MEETING A Special Council Meeting was held on November 18, 2005 at 9:14 a.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane. Mr. Slavin was absent. Council staff members present were Mr. DePrima, Mrs. Green, and Mayor Speed. Mr. Carey moved to recess into executive session to discuss personnel matters pursuant to Del. C. §10004(b)(9), seconded by Mr. Sadusky and unanimously carried. This meeting was scheduled for the purpose of an executive session for personnel matters pursuant to 29 Del. C. §10004(b)(9) in order to conduct interviews with final candidates for the position of Director of Planning and Inspections for the City of Dover. Meeting Recessed at 9:15 A.M. Mr. Ruane moved to reconvene into regular session, seconded by Mr. Salters and unanimously carried. Meeting Reconvened at 9:27 A.M. PROCEDURE ISSUES - APPLICATIONS FOR DIRECTOR OF PLANNING AND INSPECTIONS POSITION An executive session was scheduled for November 18, 2005 to conduct interviews for the Director of Planning and Inspections for the City of Dover. Prior to conducting the interviews, there was some discussion regarding certain procedural issues related to the job posting and selection of candidates for this position. As a result of these discussions, members felt that it was necessary to take action regarding procedural issues in considering applicants for the Director of Planning and Inspections position. Mr. Ruane moved that Council make another effort to advertise the Director of Planning and Inspections position at the full salary range, allow other applicants to be considered and screened like all other applicants before forwarding to Council for selection of candidates for interviews, and that a date be set for the closing of this position to be within 45 days. The motion was seconded by Mr. Carey and unanimously carried. Mr. Ruane moved to recess into executive session for the purpose of conducting the interviews with the final candidates for the position of Director of Planning and Inspections, seconded by Mr. Carey and unanimously carried. Meeting Recessed at 9:30 A.M. and Reconvened at 11:00 A.M. Mr. Carey moved for adjournment, seconded by Mr. Hogan and unanimously carried.

SPECIAL CITY COUNCIL MEETING OF NOVEMBER 18, 2005 PAGE 2 Meeting Adjourned at 11:01 A.M. JANICE C. GREEN CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Special Meeting of November 18, 2005, are hereby approved. STEPHEN R. SPEED MAYOR /JG S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\08-22-2005 Council.wpd

REGULAR COUNCIL MEETING The Regular Council Meeting was held on November 28, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane. Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot 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. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously carried. Mr. Ritter requested that item #3D - Proposed Ordinances - Budget Amendments, be removed from the Consent Agenda. Mr. Salters requested that item #5B - Chief of Police Report, be removed from Consent Agenda. Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Slavin and carried by a unanimous roll call. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 14, 2005 The Minutes of the Regular Council Meeting of November 14, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Slavin and bore the written approval of Mayor Speed. PRESENTATION OF CERTIFICATES OF RECOGNITION - DOVER HIGH SCHOOL FOOTBALL TEAM - 2005 HENLOPEN CONFERENCE NORTHERN DIVISION Mayor Speed presented the following Certificate of Recognition to the Dover High School Football Team and its coaches: Certificate of Recognition presented to Dover High School Football Team The 2005 Henlopen Conference Northern Division Champions The City of Dover extends sincere congratulations on a successful season!

CITY COUNCIL MEETING OF NOVEMBER 28, 2005 PAGE 2 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - NOVEMBER 14, 2005 The Legislative, Finance, and Administration Committee met on November 14, 2005 with Chairman Salters presiding. Proposed Resolution - Request for General Assembly to Amend Section 5 of City Charter - Requirement for Council to Relinquish Seat to Run for Mayor At the request of Councilman Carey, members considered a proposed amendment to the City Charter that would allow for a current member of Council to run for Mayor without being required to relinquish their position on City Council. Upon receipt of the required sponsors, the City Solicitor was requested to prepare the necessary legislation, which was presented to the committee for their review and recommendation to Council. Members were also provided a Proposed Resolution requesting the General Assembly to Amend Section 5 of the Charter, as well as Previous Council Comments. Members expressed concern with considering a Charter amendment since a Charter Review Committee had been established to conduct a thorough review of the Charter and would be presenting a 6-month report in March. Members also felt that there were more time-sensitive amendments that could be considered. The committee recommended referral of the proposed amendment to Section 5 of the City Charter to the 2005 Charter Review Committee. By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Proposed Ordinance Amendment - Chapter 58 - Human Relations Commission, Section 58-36 - Powers and Duties (Authority to Require Representatives from City Agencies to Appear at Hearings) At the request of the Dover Human Relations Commission, members considered an ordinance amending Section 58-36 of the Dover Code by adding a new Subsection (7), Agencies of the City, as prepared by the City Solicitor, which would authorize the Commission to require representatives from City agencies to appear before the Commission. Members expressed concern with language which would “require” anyone to appear before the Commission and suggested that the wording be changed to permit the Commission to contact either the City Clerk or the City Manager to request a representative to appear, without prohibiting an employee from willingly appearing. Mr. Ruane recommended that Council reiterate its support for the Dover Human Relations Commission and to make it clear that Council expects representatives of City agencies to give their full cooperation. Mrs. Williams recommended that, when reaffirming their support, they should also reaffirm the Commission’s mission and process. The committee took no action.

CITY COUNCIL MEETING OF NOVEMBER 28, 2005 PAGE 3 FOIA Policy Amendments A decision rendered May 13, 2005 by the US District Judge (Lee v. Minner, 369 F. Supp. 2d 527) states that "the Court concludes that the "citizens only" restriction of Delaware's FOIA is unconstitutional under the Privileges and Immunities Clause,...". The City Clerk consulted with the Deputy City Solicitor who confirmed that "the recent decision did indeed void that part of the statute restricting FOIA requests to Delaware citizens. The City must comply with State law. The FOIA policy must be amended." Therefore, Section 3 - Availability of Records, Subsection 3.1 - Access, Paragraph (C), that restricts our public records to citizens of the State of Delaware has been eliminated in its entirety. The Information Technology Department has prepared a GIS Fee Structure to be used for producing digital data layers, customer digital data layers, previously created paper maps, and customer paper maps, which will require amendments to Section 5. Staff recommended approval of the FOIA Policy Amendments as submitted [Eliminating Section 3 - Availability of Records, Subsection 3.1 - Access, Paragraph (C) in its entirety; and amending Section 5 - Fees for Copying and Research, Subsection 5.1 - Duplicating/Copying Fees, by replacing Paragraph (B) - Oversized Printouts with a new Paragraph (B) - GIS Fee Structure, and amending Paragraph (C) - Computer/Electronically Generated, by adding a new sentence to reference the GIS Fee Structure]. The committee recommended approval of the FOIA Policy Amendments, as recommended by staff. By consent agenda, Mr. Carey moved for approval of the FOIA Policy Amendments (Exhibit #1), as recommended by the committee, seconded by Mr. Slavin and carried by a unanimous roll call vote. Budget Amendments Members considered proposed ordinance amendments which would incorporate the adjusted budget balances into the fiscal year 2006 Budget. The revisions also incorporate into the current year budget prior year encumbrances, project balances carried over from fiscal year 2005 for completion in fiscal year 2006, and Homeland Security Grants. Staff recommended approval of the proposed budget amendments. During the committee meeting, Mr. Ritter requested Mrs. Mitchell to provide the budget pages which would be revised by the proposed ordinance amendment. Mrs. Mitchell stated that the original budget, which was adopted by Council, would not be changed; however, she could provide the pages with a revised column. After much discussion, Mr. Slavin requested Mr. Ritter to provide his request in writing in order for members to gain a better understanding of his request. The committee recommended adoption of the budget ordinances, as recommended by staff.

CITY COUNCIL MEETING OF NOVEMBER 28, 2005 PAGE 4 Mr. Ritter stated that he requested all revised pages in the budget book with an extra column titled “Revised 2005/2006”. He requested that the amended pages be printed on a different color paper to make them easily identifiable. Mr. Ritter stated that, without the revised pages, he did not think the amendments were ready for Council action. Mr. Ritter moved that all budget revisions in the future, including the current proposed revisions if approved, be updated in the budget book with a new column titled “Revised Pages” for every page that has been changed in the budget book. The motion was seconded by Mr. Salters. Responding to members’ concerns regarding formatting, Mr. DePrima suggested directing staff to prepare a trial version of the revised report for members to review prior to implementation on a regular basis. He also stated that staff would provide the cost of preparing the revised report and members could determine if it added value to their understanding of the budget. Responding to Mr. Ruane, Mrs. Mitchell stated Council could be given access to the General Ledger accounts in order for them to access current account balances. Mr. Ritter moved to amend the motion to bring back a trial run of the report for review prior to adopting it as the consistent format. The motion was seconded by Mr. Hogan and unanimously carried. The motion that all budget revisions be updated in the budget book with new columns reflecting the changes be brought back to Council as a trial run was unanimously carried. Mr. Hogan moved for approval of the budget ordinances (Exhibit #2), as recommended by the committee, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting). By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - NOVEMBER 14, 2005 The Parks, Recreation, and Community Enhancement Committee met on November 14, 2005 with Chairman Sadusky presiding. Seskinore Development - Revised Parks and Recreation/Open Space Plan (Fox Hall Plantation Company) During their Regular Meeting of June 28, 2004, City Council approved the Open Space Plan for the Seskinore Development as recommended by staff with the inclusion of the extension of the sidewalk to the bench near the horseshoe pits and improvements to the storm water pond.

CITY COUNCIL MEETING OF NOVEMBER 28, 2005 PAGE 5 Seskinore Development consists of approximately 5.0470+/- acres of land, situated on the southwest side of McKee Road approximately 330 feet north of Brandywine Drive. Mr. Matthew Spong, Landscape Architectural Services, LLC, presented the Revised Active Recreation Plan for Seskinore Development (as on file in the City Clerk’s Office). Ms. Dawn Melson, Senior Planner in the Planning and Inspections Department, reviewed the Revised Open Space and Recreation Plan Summary. The Revised Active Recreation Plan includes changes to the format of the Hobby Garden Area, which consists of two (2) raised planting beds, the tilled garden area, and the associated amenities. Members were reminded that the development is for residents 55 and older. Staff recommended approval of the Revised Open Space/Recreation Plan with the following: 1. Staff recommended approval of the Revised Active Recreation Area including the new format of the Hobby Garden which consists of two raised planting beds, the tilled garden area and the associated amenities. 2. The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units. Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met. 3. There shall be provisions which insure that the common open space land shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on the common open space. 4. Upon completion of the approval process, copies of the Revised Recreation Area Plan must be amended to the approved Site Plan (S-04-20). The committee recommended approval of the Revised Recreation Area Plan, as recommended by Staff. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF NOVEMBER 28, 2005 PAGE 6 MONTHLY REPORTS - OCTOBER 2005 By motion of Mr. Carey, seconded by Mr. Slavin, the following monthly reports were accepted by consent agenda: Budget Report City Assessor Report City Manager's Report Planning and Inspections Report Robbins Hose Company No. 1 Report Referring to the Chief of Police Report, Mr. Salters asked why there was such a disparity in the average response times for Prime Care Medical Transport, Inc. (7 minutes and 45 seconds) and the Robbins Hose Company (6 minutes) . Chief Horvath advised members that the ambulances may be responding from the hospital, a transport, or while roving and not always from their home base. He noted that a 7 minute response time was still good. Chief Horvath and Chief Bashista noted that the nature of the call would determine the speed of the response, for example the response time for a gunshot wound or house fire would be much faster than the response time for a patient transport to a treatment facility. Responding to Mr. Ritter, Chief Horvath stated that he could not pinpoint the reason for the decrease in complaints, which is approximately 2.7 fewer complaints a day. Mr. Salters moved for acceptance of the Chief of Police Report, seconded by Mr. Carey and unanimously carried. EVALUATION OF BIDS - CIRCUIT 12502 WIRE UPGRADE In January 2005 the City was asked to serve electricity to Air Force Base Housing. The Base is now privatizing housing and will no longer serve the Air Base Housing, which is located on Old Lebanon Road, within the City of Dover's service territory. The City is therefore obligated to serve those customers providing they meet City of Dover Electric standards. In October 2005, an agreement was reached between the Air Force Base and Hunt Building Company to build and operate the housing for the Base. Hunt Building Company will be demolishing and rebuilding approximately 980 homes over a period of five years. During the interim period, a special electrical rate will be applied to cover the services provided by the City of Dover. (A rate structure will be presented prior to the effective date of February 1, 2006.) Once construction is completed, each resident will then become a customer of the City of Dover and will be billed the City’s residential rate. The City agreed to begin serving the electric infrastructure beginning February 1, 2006 and until that date, the City will troubleshoot, maintain, and repair the infrastructure with time and material charges. Hunt Building Company has supplied the Electric Department with building plans and loads and the Engineering Department calculated the existing loads and the City's current infrastructure will not handle the existing loads or the new loads proposed. It is the City's intent to replace the existing 130,870' 1/O & 4/O wire along RT 9 to 336 ACSR. The new wire will carry the capacity required to carry the loads from the Horsepond Substation. (Future plans to upgrade the Lebanon and Horsepond Transformers are in the design phase.)

CITY COUNCIL MEETING OF NOVEMBER 28, 2005 PAGE 7 Mr. DePrima noted that this project is classified under the “overall distribution upgrade” budget which is reserved for various upgrades. Responding to Mr. Ruane, Mr. DePrima stated that budget amendments for the addition or deletion of projects are considered during the mid-year budget review. Mr. Ruane requested that Council be made aware when there is a savings of funds that were assigned and approved for a project that is not moving forward. Mr. DePrima advised members that two (2) vendors supplied identical prices and staff recommended awarding the bid to Hughes Supply because of their constant support and the services they have provided in the past. Staff recommended awarding the bid to Hughes Supply for 130,870' of 1/O & 4/O wire at $.52 per foot for a total purchase cost of $68,113. Mr. Hogan moved to award the bid to Hughes Supply for 130,870' of wire at $.52 per foot, as recommended by staff. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote. APPOINTMENT (MAYOR SPEED) - BOARD OF ADJUSTMENTS - WILLIAM A. HUFNAL (TO FILL UNEXPIRED TERM OF ANDREW NOWAK) - TERM TO EXPIRE JULY 2007 Mayor Speed recommended the appointment of William A. Hufnal to serve on the Board of Adjustments for a term to expire July 2007 (to fill the unexpired term of Andrew Nowak). By consent agenda, Mr. Carey moved for approval of the appointment of William A. Hufnal, as recommended by Mayor Speed. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote. ELECTION OF OFFICERS - ROBBINS HOSE COMPANY - YEAR 2006 FIRE LINE OFFICERS The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. Members were provided the results from the November 21, 2005 Robbins Hose Company Election for consideration as follows: Fire Chief - Brian F. Bashista (uncontested) Deputy Fire Chief - Jason A. Osika (uncontested) First Assistant Fire Chief - David Carey Second Assistant Fire Chief - Sean Christiansen (uncontested) Third Assistant Fire Chief - Michael O’Connor, Jr. Fourth Assistant Fire Chief - Paul Strochine First Fire Line Captain - Patrick West Second Fire Line Captain - William Conklin By consent agenda, Mr. Carey moved for acceptance of the Fire Line Officers for Robbins Hose Company No. 1 for the Year 2006, as submitted, seconded by Mr. Slavin and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF NOVEMBER 28, 2005 PAGE 8 REZONING REQUEST/FIRST READING - 130 CHERRY STREET, OWNED BY MARK E. SMITH A request was received to rezone property located at 130 Cherry Street, owned by Mark E. Smith. The property is currently zoned RG-1 (General Residence) and the proposed zoning is RG-3 (Group Housing). Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. By motion of Mr. Salters, seconded by Mr. Slavin, Council unanimously referred the request to the Planning Commission on December 19, 2005 and set a public hearing for January 9, 2006 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 130 CHERRY STREET. Mr. Hogan requested that, in the future, maps of lands being rezoned be provided to members. FIRST READING - PROPOSED ORDINANCE Council President Williams reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of December 12, 2005. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows: Revised Budgets for Fiscal Year 2005/2006 (Legislative, Finance, and Administration Committee) COUNCIL MEMBER COMMENTS Mr. Slavin stated that he was notified by numerous constituents that the Dover Public Library is planning to institute a new policy, effective January 2006, which would charge senior citizens fines for their overdue books. He noted that they are currently exempt from the fine structure. Mr. Slavin requested that this item be placed on the next Parks, Recreation, and Community Enhancement Committee agenda so that members may hear from the City Manager and the Librarian regarding the new policy concerning senior citizens. Mr. Ritter congratulated Wesley College on their outstanding football game in Baylor, Texas and wished them luck on their next game.

CITY COUNCIL MEETING OF NOVEMBER 28, 2005 PAGE 9 Mr. Hogan moved for adjournment, seconded by Mr. Carey and unanimously carried. Meeting Adjourned at 8:24 P.M. JANICE C. GREEN CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of November 28, 2005, are hereby approved. STEPHEN R. SPEED MAYOR /JG/tm S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\11-28-2005 Council.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - FOIA Policy Amendments Exhibit #2 - Budget Ordinances

PETITION TO AMEND ZONING DISTRICT Before The Dover City Council December 9, 2005 Applicants/Owners Pelken Inc -c/o Mr. James McGinnis McGinnis Real Estate P.O. 556 Box Dover, DE 19903 Equitable Owner: Investment Properties Associates, LLC - c/o Leonard Iacono 3128 New Castle Avenue New Castle, DE 19720 Location: West side of Silver Lake Boulevard, 1200 feet north of Walker Road Size: 9.3 acres +/- Present Zoning: CPO (Commercial/Professional Office) permitting offices, financial institutions, service agencies, medical and dental offices, and conditionally permits accessory laboratory, retail, and business services in office complexes, drive-in facilities, and residential uses. Generally these districts should promote superior development, prevent offices in mature residential neighborhoods, and serve as a transition area between low, medium, and high intensity development. Conditionally permitting planned senior housing developments. Proposed Zoning: RM-1 (Medium Density Residential) allowing no more than six dwelling units per acre and permitting single family detached houses, single family lot line homes, duplex dwellings, multiplex dwellings, 22 Ft. town houses. Permitted conditionally: Senior Housing Developments, Planned Neighborhood Design Residential Developments on twenty (20) or more acres with single family and multiple family dwellings with a gross density of 6 units per acre, churches, schools, hospitals, funeral homes, philanthropic and charitable organizations, and membership clubs. Present Use: Vacant Proposed Use: Townhouse Development File Number: Z-05-06

This application was considered at the November 21, 2005 Planning Commission meeting where the following information was considered by the Commission. Existing Property The existing property is currently vacant and includes an area of woodland. The applicant has expressed an interest in developing the property for residential uses in the form of townhouses. Surrounding Land Uses: To the north is Silver Lake Center Nursing Home, zoned I-O (Institutional and Office zone). To the north and northeast are lands zoned CPO; there are two lots one occupied by an MBNA Office Building and the other vacant. To the east and across Silver Lake Boulevard are lands zoned RG-3 (Group Housing) and used for town homes. To the west is Dover High School zoned I-O (Institutional and Office zone). Comprehensive Plan: In the 2003 Comprehensive Plan Update (adopted in September 2003), the Land Development Plan recommended that this property be used for the land use of Office and Office Parks. However, as part of the Comprehensive Plan Amendments MI-05-03 Land Development Plan Revisions adopted by Dover City Council on May 17, 2005, the land use category for this property was changed. As a result of the amendments, the 2003 Comprehensive Plan Update (As amended 5/17/05) recommends the land use category of Medium Density Residential. This land use category change to Medium Density Residential was recommended during the Comprehensive Plan amendment process after discussions with the owner regarding a proposal for residential development of the site. After evaluating the property, the Planning Staff agreed that the area met the recommended conditions for Medium Density Residence uses. Those conditions include: close proximity to existing and planned services, employment centers, and well supported by transportation infrastructure and mass transit. Recommendation of the Planning Staff: Staff recommends that the zoning for this parcel be changed to RM-1 (Medium Density Residence Zone) and that a recommendation be forwarded to City Council to approve the rezoning request. Staff finds this proposal consistent with the Land Development Plan map of the 2003 Comprehensive Plan Update, (As amended 5/17/05). Public Comments: There were no public comments in opposition to this proposal stated at the meeting. Z:Inspection\DAC\2005\Nov\Z05-06\Z-05-06IPA-silverlkseBlvd.

FINAL READING AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE WEST SIDE OF SILVER LAKE BOULEVARD WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C/PO (Commercial/Professional Office) to RM-1 (Medium Density Residence). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C/PO to RM-1 on that property located on the west side of Silver Lake Boulevard, owned by Pelken, Inc. ADOPTED: * S:\ClerksOffice\Rezonings\2005\Silver Lake Boulevard\ordinance Final Reading.wpd

SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT A Special Parks, Recreation, and Community Enhancement Committee Meeting was held on November 29, 2005 at 12:02 p.m. with Chairman Sadusky presiding. Members present were Mr. Ruane, Mr. Long, and Mr. Truitt. Councilman Carey and Representative Stone were also present. AGENDA ADDITIONS/DELETIONS Mr. Ruane moved for approval of the agenda, seconded by Mr. Long and unanimously carried. Proposed Resolution - Puncheon Run Watershed Action Team The City has been attempting to address a progressively worsening problem of property flooding in the Puncheon Run Watershed. This problem affects many residential properties in the Crossgates, Mayfair, and surrounding areas. Staff submitted a draft Resolution endorsing the formation of a Puncheon Run Watershed Action Team for the purpose of studying the hydrology of the watershed, development of a storm water model, recommending regional strategies and best practices for storm water management, and recommending physical improvements to resolve flooding. Mrs. Rachel Harrison, 60 Lynnhaven Drive, advised members that the water from Puncheon Run has risen up to the porch of her home. Due to this flooding, there is no longer any top soil which has resulted in the inability for grass to grow, visibility of tree roots, and the loss of several trees. Mr. Rex Bell, 72 Lynnhaven Drive, stated he has noticed a progression in the severity of the flooding over the past seven (7) years and that he has had 18 inches of water in his garage. His main concern is that the future development of west Dover will cause increased flooding along the Puncheon Run watershed. Mr. & Mrs. Brian Turner, 170 Lynnhaven Drive, stated that when they purchased their home in 1999 water problems were not noticed in the backyard. Over the years the ground has become spongy and wet. Their main concern is the problem with mosquitos and loss of trees due to the standing water in their backyard. Mr. Turner also noted that his neighbors yard was under water during the last rain fall. Mr. Sadusky stated that during a big flood a couple of years ago, Mrs. Pauline Jett, who resides at 158 Lynnhaven Court, had water enter her basement which ruined all of her utilities. Mrs. Jett has spent approximately $15,000 for a new water system to correct this problem. He also advised members that when he bought his home at 88 Lynnhaven Drive in 1977/78, flooding was not an issue. He has since had to waterproof and install drains in his basement and now the concrete is starting to chip due to the water. Mr. Joe Dulany, 128 Lynnhaven Drive, stated he has a concrete storage building within forty (40) feet of the Puncheon Run which shows the progression of the flooding over the years. Mr. Dulany is worried about future flooding.

SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF NOVEMBER 29, 2005 PAGE 2 Mr. Ruane, as a resident of 122 Shadow Court, advised members that the Puncheon Run is approximately 75 feet from his home. During a recent storm, the water had risen to within eight (8) feet of his home. Mr. Ruane stated that a neighbor, Mr. Paul Baker who resides at 78 Oak Drive, has lost numerous trees due to the flooding. He also advised members of an e-mail he received from Mr. Al Lemarche, 608 Oak Drive, indicating that he has had to purchase topsoil to restore his property due to the erosion the flooding has caused. Mr. Ruane has also been advised of a Petition that is in circulation in regards to this issue. Mrs. Janice Sibbald, 144 Blue Beach Drive, noted that Blue Beach Drive flooded regularly until a culvert was installed. Mrs. Sibbald has noticed the silting of Puncheon Run and suggested that dredging may alleviate the flooding. Referring to the proposed Resolution, Mr. Ruane noted that staff has provided the following typographical revisions and corrections: the deletion of the second “the lack of” from paragraph four; the addition of “some of” after “Whereas” in paragraph five; substituting “Woods” in place of “Meadows” in paragraph six; and the deletion of “County” from paragraph nine. Mr. Ruane moved to recommend adoption of the revised draft Resolution, seconded by Mr. Long. Mr. Ruane provided members with a memorandum from the West Dover Connector Group regarding the coordination of a study and preparation of an action plan to address the Puncheon Run Flooding (Attachment #1). Mr. Koenig attended a meeting to discuss the number of studies undertaken involving the development of the watershed that included attendees from DNREC Soil & Water Division, DNREC Storm Water program, Kent Conservation District, City of Dover, and DelDOT. No one agency is taking the lead in this matter. DelDOT understands that they are a major contributor to this issue and are willing to participate financially. DNREC also has funding but does not have the project managers available. The two (2) problems recognized are: 1) the development issue from the railroad tracks west; and 2) a development and flooding issue from the railroad tracks to the Puncheon Run box culvert on Governors Avenue. Once the hydraulic study information is received, Mr. Koenig advised members that they can determine if the current storm water designs are creating a problem. Once this has been confirmed, then the flooding from the railroad tracks to the box culvert can be addressed and then the status of the stream from the box culvert to the river can be determined. Mr. Ruane noted that the 1992 Puncheon Run Drainage Analysis Study suggested that a strategy should be made to implement a regional storm water management facility which, after thirteen (13) years, has yet to be implemented (Attachment #2). Responding, Mr. Koenig stated that developers have been required to provide over-management for storm water in new developments; however, this has not solved some of the issues. Mr. Friedman, Chairman of the Planning Commission, indicated that he is concerned with identifying the cause of the problem and questioned if the creation of roads or a bottleneck in the watershed is the cause of the Puncheon Run flooding.

SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF NOVEMBER 29, 2005 PAGE 3 Representative Donna Stone offered her support for this project. Mr. Ruane moved to amend the resolution by adding another “Whereas” paragraph to read “Whereas the West Dover Connector Group supports the making of a comprehensive watershed study and an action plan to address flooding in the Puncheon Run watershed”. The motion was seconded by Truitt and unanimously carried. The motion to recommend adoption of the draft Resolution, as revised, (Attachment #3) was unanimously carried. Mr. Ruane moved to recess, seconded by Mr. Long and unanimously carried. Meeting Recessed at 12:50 P.M. and Reconvened at 12:56 P.M. Report by Mr. Zachary Carter - Status of John W. Pitts Recreation Center Mr. Carter, Director of Parks and Recreation, advised members that a proposal from Becker Morgan Group, Inc. regarding the design, bid documents, and construction timeline for the new recreation center should be received this week. The cost estimate for this project is $2.9 million, which was based on the assumption of being a State bid. Bidding is anticipated to start this fiscal year. A meeting has been scheduled with Kent County in regards to their involvement in the program. The County has the funds designated in their budget, Dover Downs will donate funds during the current and next fiscal year, and payments will need to be worked out with the Trusts involved. Fundraising efforts are continuing as this project continues to develop. Staff is awaiting the approval from the Kent Conservation District regarding the existing design of the storm water management area for Schutte Park. Members requested that staff provide the committee with regular periodic updates on this project. Mr. Ruane moved to adjourn, seconded by Mr. Truitt and unanimously carried. Meeting Adjourned at 1:08 P.M. Respectfully submitted, Robert M. Sadusky Chairman RMS/jcr S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\11-29-2005-Special PR&CE.wpd Attachments Attachment #1 - W est Dover Connector memo dated November 21, 2005 (filed with original minutes) Attachment #2 - Puncheon Run Drainage Analysis dated June 1992 (filed with original minutes) Attachment #3 - Puncheon Run Draft Resolution

ATTACHMENT #3 Special PR&CE Meeting of November 29, 2005 WHEREAS, there is regular flooding of property in the Puncheon Run watershed that is progressively worsening; and WHEREAS, individual storm water retention ponds have been established in recent years to manage storm water run off into this watershed; and WHEREAS, these individual storm water retention ponds have been established without consideration of the cumulative effect of storm water run off from multiple developments and infrastructure improvements throughout the watershed; and, WHEREAS, the lack of coordination and a watershed-wide assessment of the cumulative effect of these developments and infrastructure improvements may be contributing to the worsening flooding along Puncheon Run; and, WHEREAS, some of the established storm water retention ponds are not being maintained and homeowner associations may not be able to maintain storm water retention ponds in the area of Puncheon Run; and WHEREAS, new developments and infrastructure improvements in the watershed currently being considered, including the Eden Hill Farm Development, the Kesselring Farm Development, the Nottingham Meadows Subdivision; and, Governors Avenue Improvements and the proposed West Dover Connector, may threaten the watershed’s capacity and worsen the flooding conditions unless comprehensive and effective storm water management measures are put into place; and WHEREAS, these new developments and infrastructure improvements provide opportunities for making significant improvements in storm water management if these improvements are based on a comprehensive study of the entire watershed area; and WHEREAS, there is no clear intergovernmental leadership responsibility for conducting such a comprehensive study; and WHEREAS, representatives from the State Department of Natural Resources and Environmental Control, Delaware Department of Transportation, Kent Conservation District, and owners of land in the watershed have recommended that a “Puncheon Run Watershed Action Team” be created to provide this intergovernmental leadership; and WHEREAS, the West Dover Connector Group supports the making of a comprehensive watershed study and an action plan to address flooding in the Puncheon Run watershed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the City of Dover endorses the formation of a Puncheon Run Watershed Action Team whose purpose would be to study the hydrology of the watershed, develop a storm water model, recommend regional strategies and best practices for storm water management, and recommend physical improvements to resolve flooding.

2. That the City of Dover serve as the lead agency for the Puncheon Run Watershed Action Team and authorize the City Manager or his representative to apply for funding for the work of the Puncheon Run Watershed Action Team. ADOPTED: * S:\ClerksOffice\Resolutions&Proclamations\2005\Watershed Team Draft Resolution-Revised.Minutes.wpd

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee Meeting was held on November 29, 2005, at 5:01 p.m. with Chairman Hogan presiding. Members present were Mr. Carey, Mr. Ritter, and Mr. Lakeman. Mr. Link was absent. Members of Council present were Mr. Ruane (arrived at 5:02 p.m.) and Mr. Sadusky. Mayor Speed (arrived at 5:03 p.m. and departed at 5:44 p.m.) was also present. AGENDA ADDITIONS/DELETIONS Mr. Ritter requested that item #1 - Briefing on DelDOT Projects - Gary Laing, be considered last due to the absence of Mr. Laing. Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Ritter and unanimously carried. Proposed Resolution - Endorsement of West Side Connector Option 5C The City of Dover Comprehensive Plan and the Dover/Kent MPO Long Range Transportation Plan recommended studying the extension of Saulsbury Road due to persistent and fast-paced growth that contributes to existing and future traffic congestion on existing roadways and through local neighborhoods. The West Dover Connector project will study the feasibility of extending Saulsbury Road across what is currently the Eden Hill Farm and adjacent agricultural parcels making connections to New Burton Road and possibly to US 13. Because much of the land needed for such a roadway is undeveloped, the opportunity still exists to make improvements that best accommodate the area's multi-modal transportation needs. Alternative routes and concepts are being developed with the input and guidance of the West Dover Connector Working Group and a series of public workshops. The Delaware Department of Transportation (DelDOT) and its project team is working with neighborhood and community officials, schools, local government leaders, concerned citizens, federal and state environmental and cultural resource agencies, and others to develop options that meet the diverse needs of the community. A preferred alternative will be selected for which conceptual plans will be developed. The purpose of the West Dover Connector Working Group is to provide advice to DelDOT regarding the West Dover Connector. The role of the Group is to assist DelDOT by providing input, making suggestions, reviewing alternatives, narrowing the range of alternatives, recommending alternatives that will receive detailed study, and recommending preferred alternatives. The Group will help in developing a consensus and gaining public comment and acceptance. Members were provided a draft resolution endorsing West Side Connector Alternative Concept Option 5C. Mr. Ruane noted that five (5) options are moving forward for further study by DelDOT. He noted that this issue has been under consideration for some time and, for planning purposes and to move forward with other projects in the City, it is time to let potential developers and other concerned parties know what the City’s position is with regard to the West Dover Connector. Mr. Ruane advised members that the City representatives appointed to serve on the Working Group (Councilmen Ruane, Sadusky, Salters, Mayor Speed, Mr. DePrima, and Mr. Carter) support Option 5C, which is also favored by the neighborhood associations in the area.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF NOVEMBER 29, 2005 PAGE 2 Mayor Speed suggested amending the last sentence in paragraph four (4) by changing “. . . would require the acquisition of only a moderate number of homes” to “. . . would impact the fewest number of existing homes” and in paragraph seven (7) changing “. . . in allowing additional land” to “. . . , making additional land available for”. Mrs. Patricia Gauani, 77 Charles Polk Road, questioned if another agency had requested members to offer support for one option at this time. Responding, Mr. Hogan stated that the committee felt it was time to make a recommendation of support and noted that it was not requested by any other group or agency. Mr. Lakeman moved to recommend adoption of the Resolution, as amended (Attachment #1), seconded by Mr. Ritter and carried with Mr. Carey voting no (Mr. Link absent). Review of Dover Human Relations Commission Recommendations Members were provided a letter dated October 7, 2005 from Dr. Samuel Hoff, Chairman of the Dover Human Relations Commission, containing recommendations to address the grievances of a New Street residence as follows: Continue increased patrolling (by foot, bicycle and vehicle) by the Dover Police Department Captain Lester Boney, City of Dover Police Operations Division Commander, stated that Weed and Seed Grant money funds a two-man foot patrol that works the downtown Weed and Seed area several times a week. Members were provided statistics related to the enforcement action taken by the two-man foot patrol between January 2005 and November 2005 (Attachment #2). He also noted that the Quality of Life Task Force will be implemented on January 15, 2006, which should allocate additional resources to certain problem areas throughout the City. Regarding the complaint that the Police Department is not responding to complaints, Captain Boney advised members that in the areas of North New Street, Division Street, Fulton Street and North Governors Avenue between May 1 through November 25, 2005 there were 55 arrests which included 29 wanted subjects, 18 drug arrests, one (1) arrest for burglary, one (1) arrest for assault, one (1) arrest for resisting arrest and five (5) arrests for prostitution. There have been 247 complaints called in for this area by one (1) individual this year. Captain Boney advised members that he has met with the complainant on numerous occasions. Mr. Ritter stated that one of this individual’s constant complaints is regarding loud noise. Captain Boney noted that 42 loud noise summonses have been issued in the Weed and Seed area and most were during the summer months when the Quality of Life Task Force was set up. This task force will be implemented again January 15, 2006 and should address this area more effectively. Captain Boney also noted that he was contacted by Mr. David Anderson regarding this issue and both thought it would be a good idea to start a neighborhood watch program.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF NOVEMBER 29, 2005 PAGE 3 Establish a policy where tenants who are chronic offenders of City codes are reported to their landlords for punitive actions Captain Boney stated that the Police Department currently has a Tenant Noise Policy in place. The officers currently issue Dover City Ordinances to individuals who have residences where a complaint is called in or an officer hears loud noise while driving by. The citations for noise violations are forwarded to the Inspections Department and, once two (2) violations are received, the process for eviction begins. Establish a policy where City agencies that are requested to appear before the Commission in response to a citizen concern be directed to do so in order to provide their insight into the matter and demonstrate that the City is wholeheartedly in support of maintaining a high quality of life for all of its residents. Mr. Hogan advised members that during their November 28, 2005 meeting, Council considered a proposed ordinance amendment to Chapter 58 - Human Relations Commission, Section 58-36 - Powers and Duties (Authority to Require Representatives from City Agencies to Appear at Hearings) which was proposed to address this recommendation. It was the consensus of members that, rather than adopting an ordinance to require City agencies to appear before the Commission, Council reiterated its support for the Dover Human Relations Commission and made it clear that Council expects representatives of City agencies to give their full cooperation. It was also suggested that Council reaffirm the Commission's mission and process. Establish a registry of nuisance properties and develop procedures for revocation of rental licenses for repeat offenders of felonious activities. Chief Horvath stated that currently, a drug violation with a conviction or two (2) noise violations with convictions within a year results in eviction. He interpreted the recommendation as involving a more extensive list of crimes deeming the property a nuisance property. Chief Horvath suggested that an ordinance could be developed to define what a “nuisance property” would be in the City of Dover and a registry could be maintained by the Department of Planning and Inspections. Mayor Speed advised members that the Weed and Seed Federal Grant, which began in June 2002, will expire in February 2006 and no funds have been budgeted after that date. Mr. Carey moved to recommend acceptance of the report provided by the Police Department, seconded by Mr. Lakeman and unanimously carried. Briefing on DelDOT Projects - Gary Laing Due to the absence of Mr. Laing, the Briefing on DelDOT Projects was not presented.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF NOVEMBER 29, 2005 PAGE 4 Mr. Ritter moved for adjournment, seconded by Mr. Carey and unanimously carried. Meeting Adjourned at 5:46 P.M. Respectfully submitted, Kenneth L. Hogan Chairman RGR/jcr S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\11-29-2005 SA&T.wpd Attachments Attachment #1 - Resolution - W est Side Connector Option 5C Endorsement Attachment #2 - W eed & Seed Report Handout (filed with original minutes)

ATTACHMENT #1 Regular SA&T Meeting of November 29, 2005 WHEREAS, the Delaware Department of Transportation has been leading a West Dover Connector Working Group since April 2004 for the purpose of improving mobility across the Norfolk Southern (NS) Railroad Line to and from the west side of Dover and to the south side of Dover, to reduce traffic congestion and improve public safety; and WHEREAS, after numerous meetings and analysis, the Delaware Department of Transportation has retained five alternative concepts for further study including Alternative Concepts #1, #4, #5C, #7C, and #7D; and WHEREAS, Alternative Concept #5C would extend Saulsbury Road to the south over Puncheon Run and the rail spur, west of New Burton Road, with a grade separation over the NS Railroad and New Burton Road, with multiple options for crossing the Kesselring Farm east of New Burton Road and connecting US 13 via Charles Polk Road; and WHEREAS, Alternative Concept #5C has no impact on the existing homes, churches, and schools on either Webbs Lane or Wyoming Avenue, has the least impact on New Burton Road restoring it as a local collector road, not an arterial highway, and would impact the fewest number of existing homes; and WHEREAS, Alternative Concept #5C would significantly reduce cut-through traffic, especially along Kesselring Avenue and Webbs Lane, reduce traffic volumes along Camden-Wyoming Avenue; and provide a direct connector to US 13; and WHEREAS, Alternative Concept #5C, by providing a grade-separated crossing of New Burton Road and the NS Railroad would improve public safety by reducing fire, police, and emergency service response times; and WHEREAS, Alternative Concept #5C has the least impact on the Kesselring Farm west of the NS RR Line and Eden Hill Farm making additional land available for superior and more creative residential developments, including Traditional Neighborhood Developments, that support intermodal transportation; and WHEREAS, Alternative Concept #5C allows for interconnectivity of parks in the area, particularly Schutte Park and Brecknock Park, and offers protection of the City of Dover’s water and sewer utilities and their respective franchise areas without impacting the Mayfair Electric Substation; and WHEREAS, Alternative Concept #5C will help establish a defined southern boundary for the City of Dover, meets all of the essential traffic performance goals of the project, and was one of only two concepts that were recommended by both the Working Group and the Project Team. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the City of Dover endorses Alternative Concept #5C as being the most appropriate for the West Dover Connector. ADOPTED: * S:\ClerksOffice\Resolutions&Proclamations\2005\Resolution - Supporting Alternative Concept #5C Revised.wpd0

Office of the Mayor MEMORANDUM TO: Members of City Council FROM: Stephen R. Speed, Mayor DATE: December 12 , 2005 RE: Monthly Report – October 2005 It is an honor and pleasure to provide you with the efforts of the Mayor’s office for October 2005. As always, I would be happy to answer any questions or provide any additional information. Here are the highlights for the Mayor’s office for the month of October. Date Event/Meeting/Activity 4 Dover Community Partnership Demolition – Sen. Carper and his staff hosted the demolition of 42 S. Queen Street to prepare the site for construction of a new home for a local family. Sen. Carper, members of City Council, Dr. Miller, representatives from NCALL, the Delaware State Housing Authority, the Dover Housing Authority, the builder, and the family who will own and live in the home attended the demolition. 5 Change a Light, Change the World, Energy Awareness Ceremony – Gov. Minner, the Delaware State Housing Authority, and the Delaware Department of Natural Resources hosted this ceremony at Liberty Court to highlight the State of Delaware’s use of high efficiency light bulbs and to encourage citizens to do the same. Gov. Minner, Rep. Wagner, Secretary Hughes, Director Saunders and representatives from other state and federal agencies attended the ceremony. Kent County Comprehensive Economic Development Strategy Workshop – The State of Delaware Economic Development Office hosted this workshop to help develop a comprehensive economic development strategy for Kent County and the State of Delaware. 8 Peninsula Delaware Conference of the United Methodist Church (UMC) – The Peninsula Delaware Conference of the UMC held its annual conference at the Sheraton. Bishop Matthews and other delegates to the conference attended the conference.

Mayor’s Monthly Report October 2005 Page 2 14 NCALL Homeownership Counseling Kick-Off – NCALL hosted a kick-off ceremony to commemorate the announcement of additional federal funding for homeownership counseling in the City of Dover. Congressman Castle, Robert Zimmer, Vice President of Freddie Mac; Lori James of Sen. Carper’s office; Rep. Wagner, Councilman Carey, Ami Sebastian-Hauer, Executive Director of the Dover Housing Authority; Deborah Roberts, Senior Vice President for Consumer Lending at WSFS; Kevin Gillis, Chase Home Finance Branch Manager; Joe Myers, Executive Director of NCALL; and numerous dozens of citizens interested in increasing homeownership in Dover also attended this event. 17 Tactical Interoperability Communications Plan (TICP) Kick-Off – DEMA hosted this meeting to begin the process of creating a TICP for the State of Delaware which will ensure sufficient communications capability in the event of a disaster. Representatives from various homeland defense disciplines attended the meeting. Main Street Reception – Main Street Dover hosted a reception at 33 West to honor the contribution of local business owners of Fleisher’s Bakery and Dover Jewelry and to celebrate their retirement. Councilmen Carey, Ruane, and Hogan, members of the Main Street Board, and several Main Street merchants attended the reception. 19 Delaware Economic Development Council (DEDC) Luncheon – The DEDC hosted a luncheon to inform members of the likely effects of the impending electric rate cap removal. Representatives from the Public Service Commission, Delmarva Power, the Public Advocate, and the Delaware Energy Office attended, along with DEDC members and other interested parties. 20 Councilman John W. Pitts Funeral and Interment – The Pitts family held a memorial and burial service at Whatcoat United Methodist Church and Whatcoat Cemetery to celebrate and commemorate the life of Dover City Councilman John W. Pitts. Federal, state, and local officials, including all members of City Council, and hundreds of friends, family, and other members of the community attended to offer condolences and to recognize the lasting positive impact Councilman Pitts had on our community. Other meetings/events and grand openings/ribbon cuttings attended: City Council Utility Committee Safety Advisory & Transportation Committee Weed & Seed Rotary Constituent Meetings Delaware Homeland Security Working Group Funding Subcommittee Council President Staff Meeting Delaware Amateur Softball Association, Delaware Softball Umpires Association, and Capital Officials Association Annual Dinner Dover Police Department’s Citizens Police Academy Central Delaware Economic Development Council Public Power Week Food Lion Grand Re-Opening Greater Dover Committee Greater Dover Foundation Cocktail Reception Hispanic Artists Celebration at the Dover Art League City of Dover Employee Munch Lunch Politician Appreciation Day at Calvary Assembly of God State of Delaware Homeland Security Council Calvary Baptist Church Utility and Annexation Meeting Dover Police Department/City Manager Budget Meeting

Mayor’s Monthly Report October 2005 Page 3 Hamlet Neighborhood Association Mayfair/Crossgates/Wedgewood Neighborhood Association American Chemical Society Director of Planning & Inspections Search Committee Employee Meeting Mammography Van Open House USO Board of Directors Weed & Seed Community Meeting Kent County Comprehensive Economic Development System Committee Delaware Department of Transportation Funding Task Force

ACTION FORM PROCEEDING: Council AGENDA ITEM NO.: 12/12/05 – 6A DEPARTMENT OF ORIGIN: Electric Department DATE SUBMITTED: 12/2/05 PREPARED BY: Steve Enss SUBJECT: Horsepond Substation – Voltage Regulators REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Finance Director EXHIBITS: Review of bids by Wilson & Wilson, LLC (City’s Engineering Consultant), letter dated November 30, 2005 EXPENDITURE REQUIRED: $28,908 AMOUNT BUDGETED: $155,000 FUNDING SOURCE (Dept/Page in CIP & Budget): 2005-2006 Operating Budget, Page 356, Acct. No. 487-8300-563-70.27. Note: Amount budgeted is also for other repairs that will need to be done during the year. It is not only for this expenditure. TIMETABLE: Purchase three (3) Voltage Regulators following Council approval. Regulators to be installed in the spring of 2006. RECOMMENDED ACTION: Staff recommends purchasing three (3) Voltage Regulators, Option #1, in the amount of $28,908 from Cooper Power System. BACKGROUND AND ANALYSIS In the spring to 2005 the yearly substation oil tested was performed by S.D. Myers. Test results for the regulators on the Horsepond 600 Transformer indicated equipment installation breakdown. The breakdown will result in equipment failure a large and lengthy power outage. The 600 Transformer currently feeds 400+/- customers and represents 1/3 of the Horsepond Substation load. The circuits feed Kitts Hummock, Pickering Beach, Little Creek, and the Kent County Aero Park. Request for proposals were advertised per City of Dover Purchasing Policy. Four bids from two vendors containing two load loss options were received: Cooper Power System (Option #1) Regulator Cost $27,408 Base Plate $1500 Total Cost $28,908 (price for all three) Cooper Power System (Option #2) Regulator Cost $28,488 Base Plate $1500 Total Cost $29,988 (price for all three) Hughes Supply (Option #1) Regulator Cost $31,923 Base Plate Total Cost $31,923 (price for all three) Provided Hughes Supply (Option #2) Regulator Cost $30,486 Base Plate Total Cost $30,486 (price for all three) Not Provided

ACTION FORM PROCEEDING: Council AGENDA ITEM NO.: 12/12/05 – 6B DEPARTMENT OF ORIGIN: Electric Department DATE SUBMITTED: 12/2/05 PREPARED BY: Steve Enss SUBJECT: 69 KV Breaker Replacement REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Finance Director EXHIBITS: Review of bids by Wilson & Wilson, LLC (City’s Engineering Consultant), letter dated November 30, 2005 EXPENDITURE REQUIRED: $ 131,200 AMOUNT BUDGETED: $150,000 FUNDING SOURCE (Dept/Page in CIP & Budget): 2005-2006 Operating Budget, Page 198, Acct. No. 487-8300-563-50.82. TIMETABLE: Purchase four (4) 69KV Breakers following Council approval. Breakers to be installed in the spring of 2006. RECOMMENDED ACTION: Staff recommends purchasing four (4) 69KV Breakers, in the amount of $131,200, from Siemans Power T&D/Siemans Energy and Automation, Inc./NTS. BACKGROUND AND ANALYSIS The Electric Department introduced replacing the oil filled breakers in the 2000/2001 budget year. The project was funded in the 2005/2006 budget and is a multi-year project ending in 2009/2010. The purpose of this project is to replace all oil filled breakers with SF6 gas breakers. The existing breakers in the field have reached expected equipment life and are due to be replaced. In addition to replacing the aged oil filled breakers with SF6 gas, the project will reduce the environmental costs associated with record keeping and oil spills. Request for proposals were advertised per City of Dover Purchasing Policy. Prices are good through December 2006. The following bids were received: Areva T & D, Inc. $32,830 each Siemans Power T&D/NTS $32,800 each ABB/Wesco $42,400 each Wescott Electric $69,000 each Relay and Power Systems Inc. $42,447 each

ACTION FORM PROCEEDING: Council AGENDA ITEM NO.: 12/12/05 – 6C DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 11-28-2005 PREPARED BY: Scott D. Koenig, Director of Public Works SUBJECT: Evaluation of Bids – 60KW Standby Generator REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Finance Director EXHIBITS: N/A EXPENDITURE REQUIRED: $27,565.00 AMOUNT BUDGETED: $ 40,000.00 FUNDING SOURCE (Dept./Page in CIP & Budget): Public Works / Wastewater – Page 160 (2006-2010 Capital Investments Plan) & Page 345 (2006 Annual Operating Budget – Account # 417-6900-569.40-31). TIMETABLE: Issue award letter on Tuesday, December 13, 2005, pending Council approval. Delivery and installation is expected to be completed no later than ninety (90) days from receipt of the purchase order by the vendor. RECOMMENDED ACTION: Award a purchase order to Tudor Electric, Inc. in the amount of $27,565.00 for the purchase and installation of one (1) 60KW Standby Generator at Del Tech. BACKGROUND AND ANALYSIS The Department of Public Works prepared a bid package and solicited sealed bids through the City’s Purchasing Agent for the replacement of the existing standby generator located at the Del Tech Sanitary Sewer Pumping Station. Bids were opened on Tuesday, November 15, 2005, at 2:00 p.m. The following vendors submitted bids: Vendor Location Delivery Installation Total Price Start Up Price Roy’s Electrical Service, Inc. Cheswold, DE $24,250.00 $ 4,500.00 $28,750.00 Tudor Electric, Inc. Dover, DE $24,885.00 $ 2,680.00 $27,565.00 Power Plus Electrical Contracting Dover, DE $26,000.00 $ 3,500.00 $29,500.00 General Electric Company Hanover, MD $31,000.00 $28,420.00 $59,420.00 Deltronics, Inc. New Castle, DE $34,343.00 $ 5,850.00 $40,193.00 Based on a review of the bids, the Department of Public Works is recommending award of a purchase order to Tudor Electric, Inc. in the amount of $27,565.00 for the purchase and installation of one (1) 60KW standby generator. In FY-2006, staff budgeted $40,000 for generator replacements at two (2) City pumping stations (Delaware State University and Del Tech) assuming $20,000 per generator. These are listed as “Miscellaneous Equipment” in the project budget on page 160 (CIP sheet) of the 2005-2006 Operating Budget. Staff may recommend purchase of the second generator at a later date. The low bid is $7,565.00 above the original estimate for this purchase; however, staff is recommending that we move forward with the purchase.

FINAL READING

ADOPTED: *