Attachment

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA November 14, 2005 - 5:30 P.M. - Council Chambers - City Hall - City of Dover Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-m ail at Jgreen@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Proposed Resolution - Request for General Assembly to Amend Section 5 of City Charter - Requirement for Council to Relinquish Seat to Run for Mayor 2. 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) 3. FOIA Policy Amendments 4. Budget Amendments /jg S:\ClerksOffice\Agendas&Minutes\Committee-Agendas\2005\11-14-2005 LF&A.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

ACTION FORM AGENDA ITEM: 11-15-2005 - 1 PROCEEDING: Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Council PREPARED BY: Janice C. Green, City Clerk and City Solicitor Rodriguez SUBJECT: Proposed Resolution - Request for General Assembly DATE SUBMITTED: 10-10-2005 to Amend Section 5 of the City Charter (Current Council Person Running for Mayor) RELATED PROJECT: N/A APPROVALS: N/A EXHIBITS: #1 - Proposed Amendments to Section 5 of City Charter (deletions noted in red strikeouts and insertions noted in blue italics); and #2 - Proposed Resolution requesting General Assembly to Amend Section 5 of the Charter; and #3 - Previous Council Comments (included at the request of Councilman Ruane) EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Charter amendments require adoption of Resolution requesting General Assembly to approve amendments. Upon adoption of resolution, staff will forward to local legislators for submission. RECOMMENDED ACTION: Adoption of Resolution Requesting General Assembly to Amend Section 5 of the City Charter to allow for a current member of Council to run for Mayor and not be required to relinquish his or her position on Council and that if the Council person is successfully elected as Mayor and has a one-year term remaining, then his or her seat would be filled in accordance with the provisions of Section 13 of the Charter. BACKGROUND AND ANALYSIS Councilman Carey had requested 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 and is now being presented to the committee for their review and recommendation to Council. Upon Council approval, this request will be forwarded to our local legislators to be submitted to the General Assembly. Amendments to the City Charter require the approval of the General Assembly. S:\ClerksOffice\CAFS\Charter Change - Section 5 Action Form - 11-14-2005-1.wpd

EXHIBIT #1 LF&A Committee Meeting - 11/14/2005-1 Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmen; qualifications. The council shall be the legislative body of the city and composed of nine members nominated and elected as herein provided. In order that the members of council shall be distributed over the city, the city shall be divided into four election districts, the district boundaries of which shall be established by council so that the districts are nearly equal in population as shown by the most recent federal decennial census. The district boundaries established for municipal elections shall continue in effect until the next succeeding federal decennial census is made available for use by municipalities in the State of Delaware, at which time council shall redistrict the city so that the districts shall be nearly equal in population in accordance with said census, which redistricting shall be used for the next regular municipal election, which procedure shall be followed by council after each succeeding federal decennial census in this manner so that the districts shall be maintained as nearly equal in population as possible at all times. The term of mayor shall be for a period of two years commencing on the second Monday in May following their election and continuing for a term of two years until the second Monday in May or until their successor has been duly elected and qualified. The term of the councilmen shall be for two years. In each regular municipal election held in an odd numbered year, five councilmen shall be elected, four by district voting being from the districts and one at-large as stated herein. In each regular municipal election held in an even numbered year, four councilmen shall be elected by district voting from each of the districts of the city. In order to be eligible to be elected as mayor or as a member of council, the person must as of the date of the election be: (1) A citizen of the United States and of the State of Delaware; (2) A resident of the city and having continuously resided therein or in an area annexed to the city during the two years next preceding the day of the election; (3) A resident of the election district from which they are seeking election, unless they are seeking election as an at-large councilman or mayor; (4) Twenty-one years of age; and (5) Nominated therefore, as hereinafter provided. If a councilman files and runs for mayor, whether or not they are elected to said office, the term as councilman shall automatically expire on the second Monday of May on the year of the election; that Council person’s term of office shall not expire unless he or she is elected as Mayor, in which event, the term of the Council person successfully elected as Mayor shall automatically expire on the second Monday of May on the year of the election; and if that Council person has they have a year remaining on their the term of office, then their his or her office as councilman person shall be filled at the same annual election in which they have filed to run for the office of mayor in accordance with the provisions of Sec. 13 of the Charter. (Amd. of 7-12-2005 (S.B. 126)) S:\ClerksOffice\CAFS\Charter Change - Section 5 Action Form - 11-14-2005-1-Ex1.wpd

EXHIBIT #2 LF&A Committee Meeting - 11/14/2005-1 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That the Mayor and Council have determined that the Charter of the city of Dover Section 5 should be amended to allow a Council person to file and run for Mayor without relinquishing his or her term of office as a Council person. Currently, the Charter provides that if a Council person files and runs for Mayor, whether or not he or she is elected to the office, his or her term automatically expires. Therefore, the Mayor and Council respectfully request the General Assembly of the State of Delaware to amend its Charter, which amendment if adopted by the General Assembly would be as follows: If a Council person files and runs for Mayor, that Council person’s term of office shall not expire unless he or she is elected as Mayor, in which event the term of the Council person successfully elected as Mayor shall automatically expire on the second Monday of May on the year of the election; and if that Council person has a year remaining on the term of office, then his or her office as Council person shall be filled in accordance with the provisions of Section 13 of the Charter. ADOPTED: * S:\ClerksOffice\CAFS\Charter Change - Section 5 Action Form - 11-14-2005-1-Ex2.wpd SYNOPSIS Currently, the Charter of the City of Dover requires that if a Council person desires to file and run for Mayor, he or she must automatically forfeit his or her position as Council person and that this position would be filled at the same election, where the Council person is running for Mayor. The proposed amendment to the Charter would mean that the Council person can run for Mayor and not be required to relinquish his or her position on Council. If the Council person is successfully elected as Mayor and has a one-year term remaining then his or her seat on Council would be filled in accordance with the provisions of Section 13 of the Charter which would require a special election to fill this vacancy.

EXHIBIT #3 LF&A Committee Meeting - 11/14/2005-1 Council Comments - Section 5 of City Charter The following information is being provided at the request of Councilman Ruane. These were comments made by members of Council during a previous review of Section 5 of the City Charter. Key: Comments/Suggestions received have been included and noted as follows: “City of Dover” Reincorporation - Red Council President McGlumphy - Blue Councilman Salters - Green Committee Member Gorman - Purple Councilman Ritter - Orange Councilman Ruane - Brown Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmen; qualifications. The council shall be the legislative body of the city and composed of eight (8) nine (9) members nominated and elected as herein before provided until the second Monday of May 1989 at which time and thereafter council shall be composed of nine (9) members as hereinafter provided. Ruane: Referring to the Council as “the legislative body” of the city appears to be too narrow a reference for delineating all its powers and duties, which also include, among others, “deliberative, supervisory; and policy making” powers and duties, as noted in the commentary on page 5 of the Model Charter, where a broader statement is suggested, as follows: All powers of the city shall be vested in the city council, except as otherwise provided by law or this charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. In order that the members of council shall be distributed over the city, the city shall be divided into districts. For the April 1988 regular municipal election, the city shall remain divided into four (4) election districts previously established by council. For the April 1989 regular municipal election and for each election thereafter, the city shall be divided into four (4) election districts, the district boundaries of which shall be established by council so that the districts are nearly equal in population as shown by the 1980 most recent federal decennial census. The district boundaries established for the April 1989 regular municipal elections shall continue in effect until the next succeeding federal decennial census is made available for use by municipalities in the State of Delaware, at which time council shall redistrict the city so that the districts shall be nearly equal in population in accordance with said census, which redistricting shall be used for the next regular municipal election, which procedure shall be followed by council after each succeeding federal decennial census in this manner so that the districts shall be maintained as nearly equal in population as possible at all times. Ruane: Given the recent discussion in the Council about “redistricting”, this section should be reexamined. The Model Charter recommends a separate “Elections” article to cover redistricting, as well as methods of electing council members, and related topics, whereas the current Dover Charter includes a reference to redistricting here in section 5 and the general provisions for election dates, nomination petitions, etc. in sections 6,7 & 8 of Article II, Mayor and Council.. I suggest we incorporate all “election” provisions (including redistricting requirements and responsibilities) in a separate Article, after comparing our current provisions with those recommended on pages 39-53 of the Model Charter. Initiative, Citizen Referendum, and Recall should be considered as part of this evaluation. (see pages 48-53 of Model Charter)

Council Comments - Section 5 of City Charter Page 2 The term of the mayor elected at the April 1988 regular municipal election shall be for a term of two (2) years from the second Monday of May 1988 until the second Monday of May 1990 or until his successor has been duly elected and qualified. Thereafter, commencing with the regular municipal election to be held in April of 1990 and thereafter, the term of mayor shall be for a period of two (2) years commencing on the second Monday in May following his election and continuing for a term of two (2) years until the second Monday in May or until his successor has been duly elected and qualified. The term of the councilmen shall be for two (2) years. In the April 1988 regular municipal election, four (4) councilmen shall be elected by at-large voting with one councilman coming from each of the four (4) election districts then in existence. These four (4) councilmen shall take office on the second Monday of May of 1988 and their term shall expire on the second Monday of May 1990. In the regular municipal election held in April of 1989 after council has divided the city into four (4) election districts, five (5) councilmen shall be elected, four (4) of whom shall be elected by district voting from each of the districts as designated by council and one of whom shall be elected by at-large voting by all voters of the city, the term of these five (5) councilmen to commence on the second Monday of May of 1989 and terminate on the second Monday of May of 1991 with their successors being elected in the regular municipal election held in April of 1991 and each two (2) years thereafter. At the regular municipal election held in April of 1990, four (4) councilmen shall be elected by district voting from each of the four (4) districts as designated by council, which councilmen shall serve a term commencing the second Monday of May 1990 and terminating the second Monday of May 1992. Commencing with the regular municipal election to be held in April of 1991, as herein provided, and each two (2) years thereafter, each regular municipal election held in an odd numbered year, five (5) councilmen shall be elected, four (4) by district voting being from the districts and one at-large as stated herein. In the each regular municipal election held in April of 1992 and every two (2) years thereafter, an even numbered year, four (4) councilmen shall be elected by district voting from each of the districts of the city. Ruane: The Model Charter, on pages 6-7, recommends four-year, staggered terms without any restrictions against reelection to subsequent 4-yr terms. I agree with extending Dover's terms to 4 years; however, I think we should consider the pros and cons of limiting reelection to only two 4 yr terms. I think the current composition of the Council of nine members, with two elected from each of four districts and another at large avoids the tied vote dilemma that would be created by reverting to an eight person Council. The election by district for eight of the members avoids the kind of challenges that can come from the Voting Rights Act and related court cases. In order to be eligible to be elected as mayor or as a member of council, the person must as of the date of the election be: (1) A citizen of the United States and of the State of Delaware; (2) A resident of the city and having continuously resided therein or in an area annexed to the city during the two (2) years next preceding the day of the election; (3) A resident of the election district from which he is seeking election, unless he is seeking election as an at-large councilman or mayor; (4) Twenty-one (21) years of age; and (5) Nominated therefor, as hereinafter provided. Ruane: The Model Charter, at page 6, limits election eligibility simply to a requirement that the candidate be a "registered voter" of the city. The commentary argues that we live in a era of great mobility so that residence requirements, like Dover's "2 years", do not have the validity they once had.

Council Comments - Section 5 of City Charter Page 3 Dover's requirement that a candidate be 21 yrs old seems to me to be inconsistent with the voting age eligibility of 18 yrs. If an 18 yr old can vote, why shouldn't an 18yr old be eligible for election if he/she meets the other requirements ? The nomination requirement appears to me to represent a perfunctory procedure that may not be meeting the intent. Candidates appear to simply be appealing to family members and neighbors in many instances. Are these 10-25 signatures really an indication of broad voter support? Are the reasons for such nominations still persuasive to continue this practice? If a councilman files and runs for mayor, whether or not he is elected to said office, the term as councilman shall automatically expire on the second Monday of May on the year of the election; and if he has a year remaining on his term, then his office as councilman shall be filled at the same annual election in which he has filed to run for the office of Mayor. (47 Laws of Del., Ch. 219, § 1, 6-8-49; 54 Laws of Del., Ch. 165, § 1, 12-6-63; 61 Laws of Del., Ch. 147, § 1, 7-14-77; Laws of Del., Ch. 5, § 16, 1-20-83; Amd. of 7-8-86(H.B. No. 260); Amd. of 7-16-87(H.B. No. 231, § 1); 66 Laws of Del., Ch. 365, § 1, 7-12-88) Gorman: I recommend the city return to 8 council members - 2 from each of the 4 districts. Drop the at-large council position. To do this the Consent Decree will have to be challenged and resolved. The terms of both mayor and council should be four (4)years. Salters: Change term to four (4) years. Everything else is okay. We need to discuss the whole process. Too many to list here. Ritter: Recommended during the 12/08/03 Committee Meeting that the last paragraph be eliminated so that a Councilman wishing to run for Mayor does not have to relinquish their position on Council. He also suggested a new Section/paragraph to provide language that would prohibit a member of Council from running for 2 elected positions at the same time. Ruane: Recommended during the 12/08/03 Committee Meeting that item #4 be changed for the age requirement to be 18 years of age. This "resign to run""qualification", which was only added in 1988, should be deleted from the Dover Charter for the following reasons: Councilpersons should not have their fundamental right to run for public office restricted unless there is a legitimate and compelling government interest that outweighs this fundamental right. What is the legitimate and compelling interest that justifies this restrictive "qualification" for the office of Mayor ? The Charter does not provide one; nor do the minutes of the meeting where this clause was adopted by a previous Council appear to contain any such justification. While the city government has a legitimate interest in ensuring that councilpersons not simultaneously hold(or run for)two official citizen-elected city positions, the city government does not have the right to cut short the unfinished term of a councilperson simply because that person may choose ,before his/her term has expired, to run for the office of mayor.

Council Comments - Section 5 of City Charter Page 4 The interest of city government in preventing someone from simultaneously holding( or running for) two citizen elected positions at the same time can be satisfied without this impermissible barrier to candidacy for the position of mayor. The city can legitimately require an individual whose councilmatic term has not ended to resign from his/her councilmatic seat after he/she is elected as mayor so that he/she would not be holding two citizen-elected positions at once. The legitimate basis for this would be that the individual would not be reasonably expected to avoid the conflicts inherent in the two positions as determined in the city's charter and code.(Although it is worth noting that councilpersons do simultaneously hold both positions in a number of jurisdictions where the Mayor is elected from and by the council; and not by the citizens in an election.) The city can also restrict an individual from simultaneously running for two citizen-elected positions on the same basis. If satisfying these legitimate concerns was the intent of this paragraph, then the paragraph should be revised to reflect this. The Model Charter, on pages 13-14, provides some guidance about prohibiting council members from simultaneously holding "any other elected public office during the term for which the member was elected to council"(emphasis added). The recommendation prohibition goes even further by recognizing potential conflicts of interest that "former"council members might have in cases where they later hold any other "compensated appointive office or employment with the city".Dover might benefit by incorporating such language into its Charter. (See Section 2.05 of the Model Charter.) Another Issue: There is also another point that should be made concerning this "qualification". The two year terms of Dover's council persons are staggered, with four members and the at large member running in one year and the other four and the Mayor running in the next year. Because the term of office for Mayor and some councilpersons do not correspond, this restrictive e qualification does not affect all councilpersons equally. It is more onerous on those councilpersons whose terms do not end when the Mayor's term ends. Councilpersons whose terms correspond with the Mayor's term do not have to relinquish a year of their term in order to file for the Mayor's position, They simply have a choice of which office to seek.(assuming that Dover's Charter prohibits someone from simultaneously running for two elected positions. Does it ?) If these arguments are not persuasive and this restriction remains in the city's charter, there should at least be some requirement added that would allow more time for a candidate for the councilmatic position being vacated to file for the position. As it now stands, someone. Can wait until Jan.31 before filing a petition for the mayorality position, thus giving prospective candidates for the position being vacated only until Feb 13 to file for that future vacancy. Ruane: Why are we skipping sections 6,7,8 & 9 ? These refer to matters which have become points of discussion in the past year. For example, in section 7 the charter states that "the candidate for the office of Mayor who receives the highest number of votes" cast for that office shall be declared to be elected to that office.(emphasis added)

Council Comments - Section 5 of City Charter Page 5 In the light of the number of candidates who have filed for the Mayor's position this year, perhaps the Council should re-evaluate the benefits of having a different method for determining the winner in an election where there is a large filed of contenders. The Model Charter, on pages 41-42 refers to "the instant runoff" as a method that better assures that a victor has a credible claim of majority support. Other issues included in these sections are: the separation of the Dover election from the state and national election dates when the voter turnout is generally more significant. the composition and function of the Election Board the role of the Council President and the method of presenting the Council appointments at the Annual Meeting I recommend that these sections be included in the Charter review, particularly section 9 Meetings of mayor and council-generally. Council President: the first mention of this position is in Sec.9 in the second paragraph which states that the members of council shall elect one of their members to serve as council president. I think a separate section should be developed to delineate the role and duties of this position, just as there are sections delineating the duties of both the Mayor (at Sec.14) and the City Manager (Sec/33). /jg S:\ClerksOffice\CAFS\Charter Change - Section 5 Action Form - 11-14-2005-1-Ex3.wpd

ACTION FORM AGENDA ITEM: 11-15-2005 - 2 PROCEEDING: Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Clerk’s Office on behalf of Dover Human Relations Commission PREPARED BY: Janice C. Green, City Clerk and City Solicitor Rodriguez SUBJECT: Proposed Ordinance - Chapter 58, Human Relations DATE SUBMITTED: 10-24-2005 Section 58-36, Powers and Duties - Paragraph (7), Agencies of the City RELATED PROJECT: N/A APPROVALS: N/A EXHIBITS: #1 - Proposed Amendments to Section 58-36 of the Dover Code (deletions noted in red strikeouts and insertions noted in blue italics); #2 - Letter from City Solicitor Rodriguez dated October 19, 2005; #3 - Letter from City Clerk dated October 14, 2005; #4 - Letter from Dr. Hoff, Chairman of the DHRC (Note: Other Recommendations of the DHRC are scheduled to be reviewed by the Safety Advisory and Transportation Committee during their meeting on November 29, 2005). EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: First Reading by City Council on November 28, 2005; Final Reading/Adoption on December 12, 2005 RECOMMENDED ACTION: Adoption of the proposed Ordinance amending Section 58-36 of the Dover Code. BACKGROUND AND ANALYSIS The Dover Human Relations Commission would like to be able to require representatives from City agencies to appear before the Commission; therefore, the City Solicitor prepared an ordinance amending Section 58-36 of the Dover Code by adding a new Subsection (7), Agencies of the City, and renumbering the current Subsection (7) to be Subsection (8). S:\ClerksOffice\CAFS\DHRC - Ordinance Amend to Section 58-36 Action Form - 11-14-2005-2.wpd

EXHIBIT #1 LF&A Committee Meeting - 11/14/2005-2 Sec. 58-36. Powers and duties. The powers and duties of the human relations commission shall be to: (1) Recommendations. Review city programs, activities, functions and ordinances, and make recommendations to the city council for new, amended or changed programs, functions, activities or ordinances which would support inclusiveness and civility among city residents and enhance communication and understanding among residents of the city; (2) Intergroup conflicts. Inquire into incidents of intergroup conflicts and disputes within the city and take such action as may be designed to alleviate such conflicts and disputes; (3) Intergroup cooperation. Promote and encourage communications between and cooperation of all groups interested in bettering human relations in the city; (4) Complaints. Seek the active assistance of the state human relations commission in the solution of complaints of alleged discrimination which fall within the jurisdiction of the state commission; (5) Research, education, etc. Engage in such research, education and advocacy as, in the judgment of the commission or the city council, may be needed to improve human relations in the city; (6) Programs. Develop and maintain programs that build positive relations among communities and enhance problem-solving skills among residents throughout the city; (7) Agencies of the City. When conducting investigations when it is deemed necessary, to require representatives of City agencies to appear before it to give testimony and insight on functions of the agency. (7) (8) Other functions. Do all other acts and deeds necessary and proper to carry out and effectively accomplish the objectives, functions and services contemplated by the provisions of this article. (Code 1981, § 2-21; Ord. of 2-11-2002) S:\ClerksOffice\CAFS\DHRC - Ordinance Amend to Section 58-36 Action Form - 11-14-2005-2-Ex1.wpd

EXHIBIT #2 LF&A Committee Meeting - 11/14/2005-2

EXHIBIT #3 LF&A Committee meeting - 11/14/2005-2

EXHIBIT #4 LF&A Committee Meeting - 11/14/2005-2

ACTION FORM AGENDA ITEM: 11-14-2005 - 3 PROCEEDING: Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Council PREPARED BY: Janice C. Green, City Clerk, and Deputy City Solicitor Pepper SUBJECT: FOIA Policy Amendments DATE SUBMITTED: 11-02-2005 RELATED PROJECT: N/A APPROVALS: N/A EXHIBITS: #1 - FOIA Policy Amendments (deletions noted in red strikeouts and insertions noted in blue italics) EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Approval of committee’s recommendation by Council on November 28, 2005 and revised Policy to become effective immediately. RECOMMENDED ACTION: 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]. BACKGROUND AND ANALYSIS A recent 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,...”. I confirmed this with our 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. With the recent hiring of a GIS Coordinator, the manner in which we provide oversized printouts has been improved. As a result, our Information Technology Department has prepared a GIS Fee Structure to be used for charging for producing digital data layers, customer digital data layers, previously created paper maps, and customer paper maps. Therefore, Section 5 - Fees for Copying and Research, Subsection 5.1 - Duplicating/Copying Fees, has been amended 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. S:\ClerksOffice\CAFS\FOIA Policy - LF&A-11-14-2005-3.wpd

EXHIBIT #1 LF&A Committee Meeting 11/14/2005-3 CITY OF DOVER FREEDOM OF INFORMATION ACT POLICY SECTION 1 - PURPOSE The purpose of this policy is to prescribe procedures relating to the inspection and copying of public records retained by the City of Dover pursuant to 29 Del. C. Chapter 100, the State of Delaware Freedom of Information Act. It is the City’s goal in establishing this policy to maximize the amount of information available to the public, establish a reasonable fee structure for providing public records, and to streamline procedures used to disseminate this information. 29 Del. C. §10003 reads as follows: “(a) All public records shall be open to inspection and copying by any citizen of the State during regular business hours by the custodian of the records for the appropriate public body. Reasonable access to and reasonable facilities for copying of these records shall not be denied to any citizen. If the record is in active use or in storage and, therefore, not available at the time a citizen requests access, the custodian shall so inform the citizen and make an appointment for said citizen to examine such records as expediently as they may be made available. Any reasonable expense involved in the copying of such records shall be levied as a charge on the citizen requesting such copy; (b) It shall be the responsibility of the public body to establish rules and regulations regarding access to public records as well as fees charged for copying of such records.” This policy applies to the City in dealing with requests from the public for information as set forth in the FOIA. It does not apply to the City in its normal course of business with Federal, State, or local agencies, nor to private parties with whom the City is conducting business (permit, contractual agreement, licenses, etc.), provided the public records are germane to the business being conducted. It is the intent of the City of Dover that public business be performed in an open and public manner so that the citizens shall be advised of the performance of officials and their decisions. In accordance with FOIA, the public has the right to “reasonable access” to public records. The Act provides that it is the responsibility of the public body to establish rules and regulations regarding access to public records as well as fees charged for copying of such records. It is the policy of the City of Dover that all employees shall comply with FOIA and all requests for information shall be processed in the manner prescribed below. SECTION 2 - DEFINITIONS “City” - the City of Dover. “Department” - a department of the City of Dover. “Exempt” - information determined by the Records Manager and/or City Solicitor to constitute a record that shall not be deemed public in accordance with 29 Del. C. 10002(d). “FOIA” - 29 Del. C. Chapter 100, the State of Delaware Freedom of Information Act. “Records Manager” - the City Clerk for the City of Dover (Section 2-118(b) of the Dover Code) or his/her designee. “Requestor” - any individual, organization, or business that submits a request for information under the Delaware Freedom of Information Act.

CITY OF DOVER FREEDOM OF INFORMATION ACT POLICY (AS AMENDED) PAGE 2 SECTION 3 - AVAILABILITY OF RECORDS 3.1) Access (A) The City will provide reasonable access and facilities for reviewing public records during regular business hours. (B) The City shall make all requested records available for review by requestor unless such records or portions of records are determined by the Records Manager to be exempt pursuant to 29 Del. C. §10002(d) - see Section 6 of this policy for listing. (C) Public records shall be open to review and reproduction by any citizen of the State of Delaware. The City may require verification of citizenry before considering the request to provide access to public records. If the requestor does not submit the verification upon the City’s request, the request may be denied. 3.2) City Records Review (A) Prior to disclosure, records will be reviewed to insure that those records or portions of records deemed non-public are removed. (B) Upon request, the City will provide a log of records which may have been deemed non-public. The log will include the following information: (1) The document’s author; (2) The addressee; (3) The date of the document; (4) The title of the document or a brief explanation of the document’s contents; and (5) The statutory exemption. (C) The types of records deemed non-public are as contained in 29 Del. C. §10002(d) (see Section 6). (D) City brochures, pamphlets, informational bulletins, and other such information are not subject to this policy. SECTION 4 - REQUEST FOR PUBLIC RECORDS Requests for access to records shall be made in writing and shall adequately describe the record sought in sufficient detail to enable the City to locate the record with reasonable effort. The City shall make every reasonable effort to assist the requestor in identifying the record being sought. Any department that receives a request for a “public record(s)” shall ascertain from the requesting party the specific materials requested. If a department is not sure that a requested item is a “public record”, the request for documentation should be forwarded to the Records Manager for consultation with the City Solicitor in determining if the requested documents are a “public record” and fall under the jurisdiction of the FOIA.

CITY OF DOVER FREEDOM OF INFORMATION ACT POLICY (AS AMENDED) PAGE 3 If a requesting party wants to review original materials, a staff member shall be assigned to monitor the review to insure that the integrity of all materials is maintained. A monitor may be required at other times at the discretion of the Records Manager or designee. 4.1) Types of Access Allowed/Requests for Records (A) Records shall be open to public inspection and copying. (B) Must be provided during regular business hours. (C) Reasonable access to records cannot be denied. (D) Reasonable facilities for copying cannot be denied. (E) If the requested record is not in active use and in storage, then an appointment should be made for access. 4.2) Response to Requests (A) The City shall make every reasonable effort to respond to a request within ten (10) business days. (B) If the City denies a request in whole or in part, the City shall indicate to the requestor the reasons for the denial. 4.3) Appeals (A) Denied requests may be appealed by submitting to the City Council a written appeal that specifically indicates “appeal of FOIA request” and identifies the reason or reasons for reversal of the denial. Or (B) The requestor may file suit in accordance with 29 Del. C. §10005. SECTION 5 - FEES FOR COPYING AND RESEARCH The fees to be charged for complying with a request under the FOIA shall not exceed any one or more of the following items, as applicable: 5.1) Duplicating/Copying Fees The following are duplicating/copying charges for providing public records: (A) Standard Sized, Black and White Copies Cost for duplication or publication, including labor, for standard sized, black and white public records shall be $0.15 per page, for 8.5" x 11", 8.5" x 14", and 11" x 17" sized paper. (B) Oversized Printouts The charge for producing oversized public records (including, but not limited to: blueprints, engineering drawings, GIS print-outs, and maps) shall be: (1) 24" x 26" - $2.00 each; (2) 24" x 36" - $3.00 each; (3) 30" x 42" - $5.00 each; and (4) All copies larger than 30" x 42" shall be calculated at the rate of $0.60 per square foot.

CITY OF DOVER FREEDOM OF INFORMATION ACT POLICY (AS AMENDED) PAGE 4 (B) GIS Fee Structure The charge for producing digital data layers, custom digital data layers, previously created paper maps, and custom paper maps shall be in accordance with the GIS Fee Structure attached herewith designated as Exhibit 1. (C) Computer/Electronically Generated Charges for copying records maintained in an electronic format will be calculated by the material costs involved in generating the copies (including, but not limited to: cassette tapes, video tapes, computer disks costs) and administrative costs. Actual costs shall be assessed for copying computer generated records and providing other materials such as video tapes, computer disks, etc. Also, see GIS Fee Structure in accordance with Section 5, Subsection 5.1, Paragraph (B) (Exhibit 1). (1) In the event that requests for records maintained in an electronic format can be electronically provided to the requestor, only the administrative charges in preparing the electronic records will be charged. (D) The City reserves the right to refuse to make copies for requesters who have an outstanding balance for copy charges owed to the City. (E) The City shall have discretion based on circumstances involved to make decisions regarding copying. 5.2) Administrative Fees The following are administrative fees for providing public records: (A) Actual Labor Costs In calculating the cost of labor incurred, the City may not charge more than the hourly wage of the lowest paid City employee capable of retrieving the information necessary to comply with the request. Labor charges will be billed to the requestor per quarter hour. Labor charges will be in addition to any duplicating/copying charges. Charges for actual labor costs include: (1) Staff time associated with processing FOIA requests; (2) Locating and reviewing files; (3) Monitoring file reviews; (4) Generating computer records (electronic or print-outs); and (5) Any other time rendered by the employee in researching, examining, developing, duplicating, reviewing, and separating exempt from non-exempt information that has been requested. (B) Other Costs Any other actual costs associated with fulfilling a request for information, such as postage, shall be at the expense of the requestor. If the City does not have the resources or equipment to duplicate requested records, the City, at its discretion, may arrange to have records duplicated by an outside contractor. In this instance, the requestor will be liable for payment of these costs.

CITY OF DOVER FREEDOM OF INFORMATION ACT POLICY (AS AMENDED) PAGE 5 The requester shall be provided an estimate of the costs involved to fulfill their request for information. In providing access to public records, the Records Manager may take necessary and reasonable action to protect the City’s public records and to prevent excessive and unreasonable interference with the discharge of the City’s functions. This policy does not require the City to make a compilation, summary or report of information. 5.3) Waiver of Fees The Records Manager or designee shall have the authority to determine if a fee for a FOIA request shall be waived and the following criteria shall be used to render such a decision: (A) The public record is already available in duplicate form (extra copies); (B) The request for public record is made by an individual who is entitled to information under the FOIA and who submits an affidavit, provided by the City, which shall state that the individual is then receiving public assistance, or, if not receiving public assistance, stating facts showing inability to pay the cost because of indigence. A person shall be considered indigent if that person’s income level is at or below the federal poverty level as established by the Bureau of the Census. (C) Fees of $1.00 or less shall be waived. No written request will be required or charges levied for requests to review specific documents which are required by ordinance to be made available to the public by the City Clerk. 5.4) Payment (A) Payment for copies and/or administrative charges will be due at the time copies are released to the requestor. The City reserves the right to refuse to make copies for requestors who have outstanding balances. (B) The City may require pre-payment of copying and administrative charges prior to mailing copies of requested records. (C) A good faith deposit must be provided in advance for those requests for which the fees are estimated to be over $50.00. The deposit shall not exceed one-half (½) of the total estimated fee. (D) The fee must be received before copies are delivered or before searching and reviewing commences, if a deposit is required. SECTION 6 - EXEMPT RECORDS Those records that are deemed non-public are as contained in 29 Del. C. §10002(d). ADOPTED BY COUNCIL ON JANUARY 13, 2003. AMENDED BY COUNCIL ON *. /jg S:\ClerksOffice\CAFS\FOIA Policy - LF&A-11-14-2005-3-Ex1.wpd

EXHIBIT #1 FOIA POLICY City of Dover, Delaware GIS Fee Structure Digital Data Layers $20 per megabyte (mb) – Anything over 1mb, fee goes up in 1/2mb increments at $10 per half $15 Base fee - for anything under 1mb * All layers referenced in above fee schedule are Citywide. *Digital data will be provided in Delaware State Plane coordinate system, North Am erican Datum US Feet (NAD83). If custom er requests digital data to be converted to another coordinate system a minim um labor charge of $40 will be applied. *All digital data layers are provided in a shapefile form at. Custom Digital Data Layers $40 per hour – Minimum labor charge 1 hour Digital Layer Charge – Add cost per mb of digital data $2 per CD/Case Paper Maps M aps Previously Created 8.5”x11” - $5 11”x17” - $7 Larger than 11”x17” - $30 *Previously created m aps in which custom er can accept in PDF format via em ail are free. Custom Paper Maps $40 per hour – M inimum labor charge 1 hour Cost of map size *If data needs to be clipped or custom ized to create a map, refer to Custom Digital Data Fees. Turnaround times on data requests are contingent upon the extent of the request. A simple reprint of a map or copy of existing data can be completed usually in one to tw o w eeks, depending on the current project load. A more complex request, including new data creation or data updates, can take a few w eeks depending again on the amount of w ork necessary.

1 OF 9 Legislative, Finance & Administration Committee Action Form Agenda Item NO.: 11/14/05 - 4 PREPARED BY: Donna Mitchell, Treasurer/Finance Director SUBJECT: Budget Revision Ordinances Background The attached ordinance is hereby presented to the Legislative, Finance and Administration Committee in order to 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. (See page 9 for further details.) The attached schedules highlight those individual line items that are recommended for revision and not every line item in the budget is shown. Recommendation After Committee review, staff recommends those revisions recommended to approve the first reading of the revised budget ordinance. Fund Summary Current Net Additions Revised Fund Budgets (Reductions) Budgets General Fund $ 32,286,986 $ 1,125,295 $ 33,412,281 Water/Wastewater Fund 13,756,081 (567,569) 13,188,512 Water/Wastewater I & E Fund 2,471,260 1,803,278 4,274,538 Electric Revenue Fund 69,214,318 588,421 69,802,739 Electric Improvement & Extension Fund 5,529,200 684,414 6,213,614 Electric – Depreciation Reserve 15,909,467 (126,386) 15,783,081 Future Capacity Reserve 8,680,019 (40,822) 8,639,197 General – Contingency Reserve 605,795 211,910 817,705 Water/Wastewater - Contingency Reserve 438,592 174,903 613,495 Electric - Contingency Reserve 1,156,239 1,726 1,157,965 General Fund Capital Asset Reserve 319,918 2,589 322,507 Parkland Reserve - 1,350,259 1,350,259 Water/Wastewater Capital Asset Reserve 602,440 51 602,491 Electric – Rate Stabilization Reserve 2,565,850 124,481 2,690,331 Electric – Insurance Deductible Reserve 242,508 8,010 250,518 DelDOT Community Transportation Grant Fund 909,075 594,374 1,503,449 Municipal Street Aid Fund 792,000 (132,175) 659,825 Post-Retirement Benefit Reserve Fund 2,737,567 56,747 2,794,314 Workers Compensation Fund 1,285,180 218,186 1,503,366 Total All Funds & Reserves $ 159,502,495 $ 6,077,692 $ 165,580,187

2 OF 9 Information Notes To assist you in understanding the changes in certain lines items included in the 1st Budget Amendment, I have provided below a brief explanation on those line items excluding budget balances and projects. General Fund – • Property Taxes – increased for State of Delaware payment in lieu of taxes $333,743 and $51,000 farmland rollback taxes on Eden Hill Farm. These represent amounts we will or have collected with 100% certainty. A corresponding Transfer to the Parkland Reserve is included in the expenditures in the amount of $333,743, which represents the State’s payment in lieu of taxes as agreed upon by Council. • DSWA Trash Fee Rebate – This is received in July and came in $9,000 less than budgeted. • Homeland Security Grants – Pertains to the Homeland Security Projects recently approved by Council, i.e. City Hall Security System and Police Department Generator. Corresponding expenditures are included in the departmental expenses. • Municipal Street Aid – We received our notice from the State of Delaware and the City’s allocation will be $132,296 less than budgeted for fiscal year 2006. • Some departmental expenditure increases are attributed to the rebudgeting of encumbrances from fiscal year 2005. They are included in the attached CIP budget amendment analysis. • Transfer to Contingency expenditure was reduced by the $34,000 budgeted as it is not needed for the 2% balance requirement. Water/Wastewater Fund – • Expenses were adjusted to reflect the correct allocation of debt service between water and wastewater. The net result is a zero adjustment. • For presentation purposes only, the additional revenues derived from the wastewater rate increase to assist in reducing the effects of inflow/infiltration were eliminated as separate line items and added to the Kent Co. Sewer Adj. Receipts. The corresponding expense was adjusted to ending budget balance. The net result is a zero adjustment, but more accurately reflects the decrease in the negative budget balance. Electric Revenue Fund – • The expenses reflect the addition of a transfer to the Insurance Deductible Reserve to bring the account balance up to $250,000 as agreed. A corresponding adjustment is reflected in the reserve.

3 OF 9 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amounts hereinafter named in various City funds are changed from the currently approved revenues/receipts and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments of the Municipal Government for A. GENERAL FUND Current Additions Revised RECEIPTS Budgets (Reductions) Budgets Beginning Balance $ 2,594,353 $ 629,195 $ 3,223,548 Property Taxes 8,161,808 423,815 8,585,623 DSWA-Trash Fee Rebate 176,000 (9,000) 167,000 Homeland Security Grant - 213,581 213,581 Transfer from Municipal Street Aid 792,000 (132,296) 659,704 Net Adjustments $ 1,125,295 Current Additions Revised EXPENDITURES Budgets (Reductions) Budgets Recreation $ 645,406 $ 45,600 $ 691,006 Police 10,757,794 13,201 10,770,995 Streets 1,301,050 4,362 1,305,412 Sanitation 2,335,873 (4,362) 2,331,511 Information Technology 962,192 36,650 998,842 Homeland Security Grant - 213,581 213,581 Transfer to Parkland Reserve - 333,743 333,743 Transfer to Contingency 34,000 (34,000) - Budget Bal-Working Capital - Unaudited 2,466,681 516,520 2,983,201 Net Adjustments $ 1,125,295 B. WATER/WASTEWATER FUND Current Additions Revised RECEIPTS Budgets (Reductions) Budgets Beginning Bal-Water $ 2,107,546 $ (172,215) $ 1,935,331 Beginning Bal-Wastewater 1,006,363 (219,657) 786,706 Beginning Bal-Kent Co Sewer Adj (1,411,416) (175,697) (1,587,113) Wastewater Adjustment Fees 3,047,178 643,770 3,690,948 Transfer to KCSA from Wastewater 643,770 (643,770) - Net Adjustments $ (567,569) Current Additions Revised EXPENDITURES Budgets (Reductions) Budgets Debt Service - Water $ 1,604,166 $ (671,412) $ 932,754 Debt Service - Wasterwater - 671,412 671,412 Kent County Charge from Wastewater 643,770 (643,770) - Budget Bal - Work. Cap Water - Unaudited 1,853,993 (169,422) 1,684,571 Budget Bal - Work. Cap Wastewater - Unaudited 892,225 (222,450) 669,775 Budget Bal - KC Sewer Adj - Unaudited (1,554,468) 468,073 (1,086,395) Net Adjustments $ (567,569)

4 OF 9 C. WATER/WASTEWATER I & E FUND Current Additions Revised REVENUES Budgets (Reductions) Budgets Beginning Balance - Water $ 159,363 $ 752,931 $ 912,294 Beginning Balance - Wastewater 428,730 596,344 1,025,074 State Grant (Homeland Security) & Other - 83,452 83,452 Transfer from Impact Fee Reserve 500,000 670,551 1,170,551 Developer Contributions 300,000 (300,000) - Net Adjustments $ 1,803,278 Current Additions Revised EXPENSES Budgets (Reductions) Budgets Water $ 597,903 $ 961,990 $ 1,559,893 Water Treatment Plant - 35,000 35,000 Wastewater 1,366,773 1,110,266 2,477,039 Budget Balance Water-Working Capital 203,385 (160,607) 42,778 Budget Balance Wastewater - Working Capital 200,000 (143,371) 56,629 Net Adjustments $ 1,803,278 D. ELECTRIC FUND Current Additions Revised REVENUES Budgets (Reductions) Budgets Beginning Balance $ 3,477,669 $ 588,421 $ 4,066,090 Net Adjustments $ 588,421 Current Additions Revised EXPENSES Budgets (Reductions) Budgets Budget Balance - Working Capital - Unaudited $ 3,342,459 $ 588,421 $ 3,930,880 Net Adjustments $ 588,421 E. ELECTRIC IMPROVEMENT & EXTENSION FUND Current Additions Revised REVENUES Budgets (Reductions) Budgets Beginning Balance $ 2,243,923 $ 684,414 $ 2,928,337 Net Adjustments $ 684,414 Current Additions Revised EXPENSES Budgets (Reductions) Budgets Electrical Engineering $ 3,522,029 $ 334,846 $ 3,856,875 Budget Balance - Working Capital 534,057 349,568 883,625 Net Adjustments $ 684,414 F. ELECTRIC DEPRECIATION RESERVE Current Additions Revised REVENUES Budgets (Reductions) Budgets Prior Year Balance $ 15,445,706 $ (126,386) $ 15,319,320 Net Adjustments $ (126,386) Current Additions Revised EXPENSES Budgets (Reductions) Budgets Current Year Balance - Unaudited $ 15,909,467 $ (126,386) $ 15,783,081 Net Adjustments $ (126,386)

5 OF 9 G. FUTURE CAPACITY RESERVE Current Additions Revised REVENUES Budgets (Reductions) Budgets Prior Year Balance $ 8,427,203 $ (40,822) $ 8,386,381 Net Adjustments $ (40,822) Current Additions Revised EXPENSES Budgets (Reductions) Budgets Current Year Balance - Unaudited $ 8,680,019 $ (40,822) $ 8,639,197 Net Adjustments $ (40,822) H. GENERAL CONTINGENCY RESERVE Current Additions Revised REVENUES Budgets (Reductions) Budgets Beginning Balance $ 554,952 $ 245,910 $ 800,862 General Fund Appropriation 34,000 (34,000) - Net Adjustments $ 211,910 Current Additions Revised EXPENSES Budgets (Reductions) Budgets Carry Forward to Next Year - Unaudited $ 605,795 $ 211,910 $ 817,705 Net Adjustments $ 211,910 I. WATER/WASTEWATER CONTINGENCY RESERVE Current Additions Revised REVENUES Budgets (Reductions) Budgets Prior Year Balance - Water $ 208,547 $ 85,673 $ 294,220 Prior Year Balance - Wastewater 217,205 89,230 306,435 Net Adjustments $ 174,903 Current Additions Revised EXPENSES Budgets (Reductions) Budgets Current Year Balance - Water $ 214,910 $ 85,730 $ 300,640 Current Year Balance - Wastewater 223,682 89,173 312,855 Net Adjustments $ 174,903 J. ELECTRIC CONTINGENCY RESERVE Current Additions Revised REVENUES Budgets (Reductions) Budgets Beginning Balance $ 1,121,921 $ 1,726 $ 1,123,647 Net Adjustments $ 1,726 Current Additions Revised EXPENSES Budgets (Reductions) Budgets Carry Forward to Next Year - Unaudited $ 1,156,239 $ 1,726 $ 1,157,965 Net Adjustments $ 1,726

6 OF 9 K. GENERAL FUND CAPITAL ASSET RESERVE Current Additions Revised REVENUES Budgets (Reductions) Budgets Beginning Balance $ 164,969 $ 2,589 $ 167,558 Net Adjustments $ 2,589 Current Additions Revised EXPENSES Budgets (Reductions) Budgets Carry Forward to Next Year - Unaudited $ 319,918 $ 2,589 $ 322,507 Net Adjustments $ 2,589 L. PARKLAND RESERVE Current Additions Revised REVENUES Budgets (Reductions) Budgets Beginning Balance $ - $ 982,141 $ 982,141 Geneal Fund Appropriation - 333,743 333,743 Interest Earnings - 34,375 34,375 Net Adjustments $ 1,350,259 Current Additions Revised EXPENSES Budgets (Reductions) Budgets Carry Forward to Next Year - Unaudited $ - $ 1,350,259 $ 1,350,259 Net Adjustments $ 1,350,259 M. WATER/WASTEWATER CAPITAL ASSET RESERVE REVENUES Budgets (Reductions) Budgets Beginning Balance $ 2,366 $ 51 $ 2,417 Net Adjustments $ 51 Current Additions Revised EXPENSES Budgets (Reductions) Budgets Carry Forward to Next Year - Unaudited $ 602,440 $ 51 $ 602,491 Net Adjustments $ 51 N. ELECTRIC RATE STABILIZATION RESERVE Current Additions Revised RECEIPTS Budgets (Reductions) Budgets Prior Year Balance $ 2,491,165 $ 124,481 $ 2,615,646 Net Adjustments $ 124,481 Current Additions Revised EXPENDITURES Budgets (Reductions) Budgets Current Year Balance - Unaudited $ 2,565,850 $ 124,481 $ 2,690,331 Net Adjustments $ 124,481

7 OF 9 O. ELECTRIC INSURANCE DEDUCTIBLE RESERVE Current Additions Revised RECEIPTS Budgets (Reductions) Budgets Prior Year Balance $ 235,508 $ (16,990) $ 218,518 Transfer from Operating Fund - 25,000 25,000 Net Adjustments $ 8,010 Current Additions Revised EXPENDITURES Budgets (Reductions) Budgets Current Year Balance - Unaudited $ 242,508 $ 8,010 $ 250,518 Net Adjustments $ 8,010 P. DELDOT COMMUNITY TRANSPORTATION GRANT FUND Current Additions Revised RECEIPTS Budgets (Reductions) Budgets Prior Year Balance $ 159,075 $ (344,935) $ (185,860) Grant Revenue 500,000 939,309 1,439,309 Net Adjustments $ 594,374 Current Additions Revised EXPENDITURES Budgets (Reductions) Budgets Program Expenses $ 909,075 $ 594,374 $ 1,503,449 Net Adjustments $ 594,374 Q. MUNICIPAL STREET AID FUND Current Additions Revised RECEIPTS Budgets (Reductions) Budgets Beginning Balance $ - $ 121 $ 121 State Grant 792,000 (132,296) 659,704 Net Adjustments $ (132,175) Current Additions Revised EXPENDITURES Budgets (Reductions) Budgets Transfer to General Fund $ 792,000 $ (132,275) $ 659,725 Current Year Balance - Unaudited - 100 100 Net Adjustments $ (132,175)

8 OF 9 R. POST-RETIREMENT BENEFIT RESERVE FUND Current Additions Revised RECEIPTS Budgets (Reductions) Budgets Prior Year Balance $ 2,366,570 $ 56,747 $ 2,423,317 Net Adjustments $ 56,747 Current Additions Revised EXPENDITURES Budgets (Reductions) Budgets Current Year Balance - Unaudited $ 2,737,567 $ 56,747 $ 2,794,314 Net Adjustments $ 56,747 S. WORKERS COMPENSATION FUND Current Additions Revised RECEIPTS Budgets (Reductions) Budgets Prior Year Balance $ 739,964 $ 218,186 $ 958,150 Net Adjustments $ 218,186 Current Additions Revised EXPENDITURES Budgets (Reductions) Budgets Insurance $ 115,000 $ (41,000) $ 74,000 Self-Insurance Taxes - 40,000 40,000 Bank Fees - 1,000 1,000 Current Year Balance 742,180 218,186 960,366 Net Adjustments $ 218,186

9 OF 9 City of Dover 2006 Budget Amendment - Capital Projects & Encumbrances November 14, 2005 Budget Project Department/Fund Capital Project Amendment Comments Number Recreation N/A $ 10,004 City Park Guides - Encumbered FY05 N/A Recreation HVAC Replacement 35,596 Encumbered FY05 N/A Police 2nd Floor Expansion 13,201 Fire Suppression System - Encumbered FY05 PD0603 Information Technology Emergency Preparedness 36,650 Consulting Services - Encumbered FY05 N/A Streets Street Sweeper 4,362 Transfer from Sanitation to cover cost of sweeper N/A Sanitation Street Sweeper (4,362) Transfer to Streets to cover cost of sweeper N/A General Fund City Hall Security & Employee ID System 90,634 Homeland Security Grant N/A General Fund Police Station Emergency Generator 122,947 Homeland Security Grant N/A Total General Fund $ 309,032 Water Treatment Plant Security Fencing at Treatment Plant $ 35,000 Homeland Security Grant N/A Water Trailer Mounted Generator 48,452 Homeland Security Grant N/A Water Water Master Plan 4,312 Budget Balance WS0401 Water Division Street Water Main 585,886 FY03 Bond proceeds WD0304 Water Division Street Water Main 200,000 Budget Balance (additional funds needed) WD0304 Water U.S. 13 North Water Main Crossing 35,000 Budget Balance (Tidewater issue) WD0403 Water Water Quality Evaluation - Black & Veatch 88,340 Budget Balance WD0504 Wastewater Garrison Oak Pump Station (724,000) Budget Balance $424,000; Developer $300,000 Wastewater Puncheon Run Pump Station Upgrade 891,065 FY03 Bond Proceeds WW0302 Wastewater Puncheon Run Pump Station Upgrade 192,060 Impact Fee Reserve WW0302 Wastewater Inflow/Infilitration Removal 67,650 Budget Balance WS0501 Wastewater U.S. 13 Sanitary Sewer Interceptor 621,286 Impact Fee Reserve ($400,000 additional needed) WW0101 Wastewater Puncheon Run Sewer Interceptor Extension 46,205 Impact Fee Reserve WW0505 Wastewater Mifflin Road Sewer Extension 16,000 Impact Fee Reserve (emergency project) WW0506 Total Water/Wastewater Fund $ 2,107,256 Electric Engineering Upgrading 4kv lines to 12kv lines $ 158,331 Budget Balance ED0501 Electric Engineering Mayfair Substation Rebuild 176,515 Budget Balance ES0105 Total Electric Fund $ 334,846 DEDO Grant (State) Garrison Oak Pump Station $ 371,393 Budget Balance WW0304 Greenway Grant (State) Silver Lake Bridge $ 135,000 Budget Balance N/A Community Transporation Fund Various projects funded by legislators. $ 116,027 Budget Balance Various Community Transporation Fund Various projects funded by legislators. 594,374 Additional DEL DOT Agreements Various Total CT Fund $ 710,401 Source of Funds General Fund - Reserve for Encumbrances $ 95,451 Additional CIP for 2006 $ 791,407 Homeland Security Grants - All Funds 297,033 Prior Years CIP & Encumbrances 3,176,521 Water/Wastewater 2003 Bond Proceeds 1,476,951 $ 3,967,928 Water/Wastewater I & E Budget Balance (28,698) Wastewater I & E Developer Contributions (300,000) Impact Fee Reserve 875,551 Electric I & E Fund Budget Balance 334,846 DEDO Grant Budget Balance 371,393 Greenway Grant Budget Balance 135,000 Community Transportation Budget Balance 116,027 DEL DOT Agreements 594,374 Total Projects & Encumbrances $ 3,967,928