COUNCIL PACKET REVISED

REGULAR COUNCIL MEETING AGENDA November 14, 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 - Regular Council Meeting of October 24, 2005 2. Annexation/Rezoning Public Hearing/Final Reading - Property Located at 1196 S. Governors Avenue (owned by Francis G. and Barbara D. Powell) A. Annexation Referendum Results (October 27, 2005): 1 FOR 0 AGAINST B. Annexation Resolution C. Rezoning Public Hearing and Final Reading of Proposed Ordinance to amend the zoning designation from RS-1 - Single Family Residence (Kent County) to RM-1 - Medium Density Residence (City of Dover). 3. Annexation/Rezoning Public Hearing/Final Reading - Property Located at 1325 South State Street Extended (owned by BF Real Estate Ventures) A. Annexation Referendum Results (October 27, 2005): 1 FOR 0 AGAINST B. Annexation Resolution C. Rezoning Public Hearing and Final Reading of Proposed Ordinance to amend the zoning designation from RS-1 (Kent County) to CP-O (City of Dover) 4. Action Resulting from Executive Session on October 24, 2005 - Robbins Hose Company - Review of State Fire Prevention Commission Decision * 5. Utility Committee Report - October 24, 2005 A. Exemptions to Senior Citizens Report (Terry Tieman)

Council Agenda November 14, 2005 Page 2 * 6. Safety Advisory and Transportation Committee Report - October 25, 2005 A. Traffic Concerns - The Overlook on Silver Lake B. Status - Emergency Operations Plan C. DelDOT Request for Input on Corridor Preservation 7. Special Tax Appeals Committee Report - November 1, 2005 A. Technical Issues B. Due Process Complaints 8. Presentations - GIS Program and GPS Outage Reporting System 9. Appointments Recommended by Mayor Speed A. Downtown Dover Development Corporation - Councilman Carleton E. Carey, Sr. (To Fill Unexpired Term of John W. Pitts - Term to Expire May 2006) 10. Council and Committee Meetings - Holiday Schedule 11. Council Members Comments /jg S:\ClerksOffice\Agendas&Minutes\Council-Agendas\2005\11-14-2005.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.

PETITION TO ANNEX AND ZONE PROPERTY Before City Council November 14, 2005 Applicant: Creekstone Development LLC 2 North State Street Dover, DE 19904 Owner: Francis and Barbara Powell 1196 South Governors Avenue Dover, DE 19904 Location: 1196 South Governors Avenue Size: 1.085 acres County Zoning: RS-1 Single Family Residential 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, garden apartments. 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: Residential Proposed Use: Residential File Number: AX-05-04

REGULAR COUNCIL MEETING The Regular Council Meeting was held on October 24, 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. Ms. Teresa Caldwell-Guinn, 102 North Kirkwood Street, stated that she provided a letter and a video tape to Councilman Salters, Mayor Speed, and Attorney General Brady regarding an incident between she and her neighbor related to placement of her fence. She advised members that Officer Ben Marvel has threatened her on more than one occasion based on a request made by City Inspector, Mr. Mike McGregor. Ms. Caldwell-Guinn requested assistance in holding the employees accountable and stopping the threats against her. Mr. Eric O’Brien, 30 North New Street, advised members that there is still a lot of traffic on North New Street in the middle of the night, causing him to lose sleep and miss work. 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. Sadusky and unanimously carried. Mr. Slavin requested that item #8 - Quarterly Revenue Report, be removed from the Consent Agenda. Mr. Slavin moved for approval of the Consent Agenda, as amended, seconded by Mr. Carey and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 10, 2005 The Minutes of the Regular Council Meeting of October 10, 2005 were unanimously approved by motion of Mr. Slavin, seconded by Mr. Carey and bore the written approval of Mayor Speed. RESOLUTION - COUNCILMAN JOHN W. PITTS The City Clerk read a proposed Resolution recognizing Councilman John W. Pitts. By motion of Mr. Hogan, seconded by Mr. Salters, Council unanimously adopted the following Resolution:

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 2 WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the death of their fellow Council Member, John W. Pitts, who passed away on October 15, 2005; and WHEREAS, John W. Pitts was sworn into office as Councilman of the Fourth District of the City of Dover on May 14, 1990 - a position in which he served with distinction for more than 15 years; and WHEREAS, during his term as Councilman, John W. Pitts served as a member and chairman of the Parks, Recreation, and Community Enhancement Committee, and the Code Board of Appeals; and as a member of the Safety Advisory and Transportation Committee, Utility Committee, Kent County Tourism, Liaison to Kent County, and Downtown Dover Development Corporation; and WHEREAS, although John W. Pitts will be respectfully remembered as having served the community in numerous capacities, he was particularly devoted to promoting healthy and positive environments for our youth, teens, and young adults and in honor of this commitment, the Mayor and Council adopted a Resolution on September 26, 2005 dedicating and naming the new west side recreation facility as the John W. Pitts Recreation Center; and WHEREAS, John W. Pitts was very gracious and humble in serving as a member of City Council; earning the respect, admiration, and high regard of all with whom he came into contact; and WHEREAS, our community has sustained a great loss in the death of John W. Pitts. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The Mayor and Council express their regret for the loss of John W. Pitts and extend their deepest sympathy to the members of his family and hope that they will be consoled by the memories of his fine life and achievements. 2. The Mayor and Council direct the City Clerk to place this Resolution in the permanent records of the City of Dover in recognition of the many contributions graciously given to the community by Councilman John W. Pitts. ADOPTED: OCTOBER 24, 2005 Mr. Carey requested that the Resolution be displayed in the John W. Pitts Recreation Center once construction is complete. PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The Government Finance Officers' Association awarded a Certificate of Achievement for Excellence in Financial Reporting to Mrs. Donna Mitchell for the City of Dover's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2004. The Certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management.

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 3 Mayor Speed presented Mrs. Mitchell, Finance Director/Treasurer, with the plaque. He noted that this was the 20th consecutive year that the City has received the award and commended her for an outstanding job. Councilman Salters (Chairman of the Legislative, Finance, and Administration Committee) also commended Mrs. Mitchell and her department on receiving the award. Mrs. Mitchell thanked the Mayor and members of Council for giving them the opportunity to participate in the award process. She also thanked her staff for all their hard work. ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 174 MIFFLIN ROAD (OWNED BY MARY FRANCIS O'CONNOR) An annexation referendum was held on October 13, 2005 for property located at 174 Mifflin Road, containing 25,070+/- square feet, owned by Mary Francis O’Connor. Referendum Results The City Clerk reported that the referendum was held with one (1) eligible voter. One vote was cast in favor of the annexation, with no votes cast against the annexation. Mr. Carey moved to accept the referendum results, seconded by Mr. Sadusky and unanimously carried. Annexation By motion of Mr. Carey, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote: A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 4 ALL that certain lot, piece or parcel of land and premises, together with the improvements thereon erected, situate in East Dover Hundred, Kent County and State of Delaware, lying on the West side of the black top public road leading from the Dover-Hartly road (Horsehead Road) to the Dover-Hazlettville road, designated as Lot No. 9 on a plot of lands of the Atlantic Land Co., Inc., of record in the Office of the Recorder of Deeds at Dover, Delaware, in Plot Book 3, Page 157, bounded on the North by Lot No. 8 and on the South by Lot No. 10 as said lots appear on the aforesaid plot; on the West by other lands of the Atlantic Land Co., Inc. and on the East by the said black top public road, and being more particularly described as follows, to-wit: BEGINNING at a point in the west right of way line of the aforesaid black top public road at a distance of eight hundred (800) feet South of lands of Donald G. Carey and Pauline H. Carey, his wife, said distance of eight hundred (800) feet being measured along the West right of way line of said black top public road; thence binding with the South line of Lot No. 8 South sixty-five (65) degrees thirty-five (35) minutes West a distance of two hundred fifty (250) feet to a point in line of other lands of the Atlantic Land Co., Inc.; thence binding with other lands of Atlantic Land Co., Inc. South twenty-four (24) degrees twenty-five (25) minutes East a distance of one hundred (100) feet; thence binding with the North line of Lot No. 10 North sixty-five (65) degrees thirty-five (35) minutes East a distance of two hundred fifty and seven-tenths (250.7) feet to a point in the West right of way line of the said black top public road; thence binding therewith on the arc of a curve (to the right) with a radius of two thousand eight hundred ninety-four and nine tenths (2,894.9) feet a distance of sixty-five and one-tenth (65.1) feet to another point in the West right of way line of the said black top public road; thence continuing therewith North twenty-four (24) degrees twenty-five (25) minutes West a distance of thirty-four and nine-tenths (34.9) feet to the place of BEGINNING, be the contents thereof whatsoever they may; AND BEING the same lands and premises conveyed unto R. Pennell Emerson, single man, by deed of Richard E. Smith and Beverly A. Smith, his wife, by deed dated October 16, 1964, and of record in the Office of the Recorder of Deeds in and for Kent County and State of Delaware in Deed Record Book T, Volume 23, Page 39. 2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover. 3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County. 4. That the effective date of this resolution shall be the 25th day of October, 2005 at 12:01 a.m. o'clock. ADOPTED: OCTOBER 24, 2005

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 5 Public Hearing - Zoning Classification Mr. Anthony DePrima, City Manager, reviewed the Petition to Annex and Zone property (Exhibit #1). He noted that this annexation is the result of a failed septic system and an emergency sewer line, which is capable of serving two additional houses, that was installed at a cost of $16,000. Mr. DePrima advised members that one-third of the cost was recouped through the hookup fees and 100% of the cost will be recouped when the other properties are brought online. The Planning Commission recommended that the zoning classification of this property be approved as R-8 (One Family Residence) upon annexation. Council President Williams declared the public hearing open and, with no one present wishing to speak, Council President Williams declared the public hearing closed. Mr. Hogan moved that the property located at 174 Mifflin Road be zoned R-8 (One Family Residence) as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance (the First Reading of the proposed ordinance was accomplished during the Council Meeting of August 22, 2005): AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 174 MIFFLIN ROAD 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 RS-1 - Single Family Residential (Kent County zoning classification) to R-8 - One Family Residence (City of Dover zoning classification). 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 has been amended by changing the zoning designation from RS-1 - Single Family Residential (Kent County) to R-8 - One Family Residence (City of Dover zoning classification) on that property located at 174 Mifflin Road, owned by Mary Frances O'Connor. ADOPTED: OCTOBER 24, 2005 ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED WEST OF STATE ROUTE 1 AND ADJACENT TO OLD LEIPSIC ROAD AND LEIPSIC ROAD AND NORTH OF FINISH LINE DRIVE, CONSISTING OF SEVENTEEN (17) PARCELS TOTALING 11.08+/- ACRES (OWNED BY DOVER INTERNATIONAL SPEEDWAY, INC.) An annexation referendum was held on October 13, 2005 for property located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, containing 11.08+/- acres, owned by Dover International Speedway, Inc.

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 6 Referendum Results The City Clerk reported that the referendum was held with one (1) eligible voter. One (1) vote was cast in favor of the annexation, with no votes cast against the annexation. Mr. Salters moved to accept the referendum results, seconded by Mr. Carey and unanimously carried. Annexation Mr. Carey moved to adopt the annexation resolution, seconded by Mr. Salters. Responding to Mr. Ruane, Mr. DePrima stated that a cost-benefit analysis was not done for this annexation since development is not proposed. He noted that the applicant has many parcels and they would like to consolidate them under as few titles as possible and to annex them into the City limits. Mr. Ruane stated that he would like to know the criteria for performing or not performing a cost-benefit analysis. Mr. DePrima stated that he would provide a cost-benefit analysis for this annexation. Mr. Hogan reminded members that a cost-benefit analysis was done for all properties being considered for annexation during the Comprehensive Plan Update. Mr. Ruane stated that the Utility Committee previously received cost-benefit analysis for annexations. He noted that, although the RC zone for this property will result in higher taxes to the City, there could be instances where annexation of a property would not be financially beneficial to the City. Mr. Ritter did not think it was necessary to have a cost-benefit analysis on this property since it would not be utilizing City utilities at this time. By a unanimous roll call vote, Council adopted the following annexation Resolution: A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 7 1. That the following described area, situated in East Dover Hundred and Little Creek Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover: All that certain lot, piece or parcel of land, situated in East Dover Hundred, Kent County, State of Delaware, lying on the southwest corner of the intersection of State Route One and Leipsic Road, being bounded on the North by State Route One, on the East by Leipsic Road, on the South in part by Finish Line Drive and in part by other lands of Dover International Speedway, Inc. and on the West by other lands of Dover International Speedway, Inc. and more particularly described in accordance with a plan entitled “Annexation Plan – Dover International Speedway, Inc.” prepared by Becker Morgan Group, Inc., dated August 8, 2005, as follows to wit: Annexation Parcel One (10.33 Acres): Beginning for this description at a point at the intersection of the westerly right- of-way line of State Route One with the northerly right-of-way line of Leipsic Road, thence from the point of beginning and with the northerly right-of-way line of Leipsic Road 1) curving to the left on an arc of a circle having a radius of 938.83 feet an arc distance of 404.71 feet, the chord bearing of said arc being South 14< 05’ 37” West a distance of 401.59 feet to a point at a corner for this parcel and at the intersection of the northerly right of way line of Leipsic Road with the westerly right-of-way line of Finish Line Drive; thence with the westerly right-of-way of Finish Line Drive the following three courses and distances 2) South 75< 54’ 55” West a distance of 119.80 feet to a point; thence 3) South 14< 05’ 05” East a distance of 22.81 feet to a point; thence 4) South 75< 54’ 55” West a distance of 162.79 feet to a point at a corner for this parcel and other lands of Dover International Speedway, Inc.; thence turning and running with said Dover International Speedway lands the following two courses and distances 5) North 09< 58’ 48” West a distance of 180.68 feet to a point; thence 6) South 80< 01’ 12” West a distance of 212.53 feet to a point at a corner for this parcel and in line with other lands of Dover International Speedway, Inc., thence turning and running with other lands of Dover International Speedway, Inc. 7) North 10< 13’ 46” West a distance of 1,042.85 feet to a point at a corner for this parcel and in line with the westerly right-of-way line of State Route One; thence turning and running with the westerly right-of-way line of State Route One 8) South 49< 04’ 01” East a distance of 1,048.55 feet to the point and place of beginning and containing 10.33 acres of land, be the same more or less. Annexation Parcel Two (0.75 Acres): Beginning for this description at a point at the intersection of the westerly right- of-way line of State Route One with the southerly right-of-way line of Leipsic Road, thence from the point of beginning and with the westerly right-of-way line of State Route One 1) South 49< 04’ 01” East a distance of 272.48 feet to a point at a corner for this parcel and other lands of Dover International

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 8 Speedway, Inc.; thence with said lands of Dover International Speedway 2) South 75< 54’ 55” West a distance of 272.16 feet to a point at a corner for this parcel and in line with the southerly right-of-way lane of Leipsic Road; thence with the southerly right-of-way line of Leipsic Road; thence with the southerly right-of-way of Leipsic Road 3) curving to the right on an arc of a circle having a radius of 758.83 feet and arc distance of 252.72 feet, the chord bearing of said arc being North 13< 21’ 33” East a distance of 251.56 feet to the point and place of beginning and containing 0.75 acres of land more or less. 2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover. 3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County. 4. That the effective date of this resolution shall be the 25th day of October, 2005 at 12:01 a.m. o'clock. ADOPTED: OCTOBER 24, 2005 Public Hearing - Zoning Classification Mr. Anthony DePrima, City Manager, reviewed the Petition to Annex and Zone property (Exhibit #2). The Planning Commission recommended that the zoning classification of this property be approved as RC (Recreation Commercial) upon annexation. Council President Williams declared the public hearing open. Mr. Gregory V. Moore of Becker Morgan Group, architects and engineers representing Dover International Speedway, advised members that they have no plans to change the use of the property, which is currently used as a staging and parking area for race day. He noted that they were planning to make improvements, such as walking paths and roadways for parking. With reference to the cost/benefit analysis, Mr. Moore stated that Dover International Speedway makes additional payments for fire, EMS, and police services related to their race events. Council President Williams declared the public hearing closed. Mr. Carey moved that the property located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, containing 11.08+/- acres, be zoned RC (Recreation Commercial) as recommended by the Planning Commission. The motion was seconded by Mr. Ritter and by a unanimous roll call vote, Council adopted the following ordinance (the First Reading of the proposed ordinance was accomplished during the Council Meeting of August 22, 2005).

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 9 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED WEST OF STATE ROUTE 1 AND ADJACENT TO OLD LEIPSIC ROAD AND LEIPSIC ROAD AND NORTH OF FINISH LINE DRIVE, CONSISTING OF SEVENTEEN (17) PARCELS TOTALING 11.08+/- ACRES 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 AR - Agricultural Residential (Kent County zoning classification) to RC - Recreation Commercial (City of Dover zoning classification) 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 has been amended by changing the zoning designation from AR - Agricultural Residential (Kent County zoning classification) to RC - Recreation Commercial (City of Dover zoning classification) on that property located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of seventeen (17) parcels totaling 11.08+/- acres, owned by Dover International Speedway, Inc. ADOPTED: OCTOBER 24, 2005 PRESENTATION - NATIONAL CITIZEN SURVEY RESULTS Mr. DePrima conducted a presentation of the National Citizen Survey Results (as on file in the Office of the City Clerk). MONTHLY REPORTS - SEPTEMBER 2005 By motion of Mr. Slavin, seconded by Mr. Carey, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report City Assessor Report City Manager's Report Mayor's Report Planning and Inspections Report Robbins Hose Company No. 1 Report QUARTERLY REVENUE REPORT Mr. Slavin thanked Mrs. Mitchell and Mrs. Tieman for preparing the Quarterly Revenue Report. He noted that the transfer tax revenue was higher than forecasted. Mrs. Mitchell advised members that the estimate was conservative and she would not be making an adjustment unless she sees a trend developing.

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 10 Responding to Mr. Slavin, Mrs. Mitchell stated that the Chancery Court fees were below the estimate due to timing of the receipt of the checks. She also noted that there was unplanned revenue in the amount of $152,000, which was an impact fee for Malmberg Hall. Mr. Hogan moved for acceptance of the Quarterly Revenue Report, seconded by Mr. Carey and unanimously carried. COMCAST FCC FILING FORMS 1240 AND 1205 Comcast files with the Federal Communications Commission Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services”, and Form 1205, "Determining Regulated Equipment and Installation Costs." Comcast is required to provide the City of Dover with a copy by August 1st of each year. Once the City receives a copy, Council has ninety (90) days (November 1st) to take action on the filing per the F.C.C. regulation. After ninety (90) days action cannot be taken. Our Franchise Agreement, Section 7.4.3 provides "The Franchising Authority may conduct a full compliance audit and hold public hearings at any time during the term of the Franchise, provided it gives the Company written notice thirty (30) days in advance of the commencement of such audits and associated hearings." The City currently relies on the Public Service Commission audits. The formulas and forms for the calculated rates are provided by the F.C.C. and the City has no recourse to stop a rate increase when these formulas are followed by the cable company. Mrs. Mitchell, Finance Director/Treasurer, advised members that a franchise fee review is underway; however, the City has encountered a late start due to working out some details of a confidentiality agreement with Comcast. It is recommended that Council proceed with the adoption of the above-mentioned forms and the results of the review will follow at a later date. By consent agenda, Mr. Slavin moved for acceptance of the Comcast FCC Filing Forms 1240 and 1205, seconded by Mr. Carey and carried by a unanimous roll call vote. SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY In accordance with Section 46-43 of the City Code, the City Manager, Mr. Anthony J. DePrima, performed the inspection of the Robbins Hose Company on Thursday, October 13, 2005. The facility and vehicles appeared to be in good condition, well maintained and well organized and the new construction is on schedule. By consent agenda, Mr. Slavin moved for acceptance of the report of the Semi-Annual Robbins Hose Company Inspection, as submitted by the City Manager, seconded by Mr. Carey and carried by a unanimous roll call vote. APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION - NOVEMBER 21, 2005 The Robbins Hose Company election is scheduled for November 21, 2005. The following persons have been recommended to serve as judges for the election: 1. Harry Hayes 2. William Jacobs. 3. John Hurd (alternate)

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 11 By consent agenda, Mr. Slavin moved for approval of the appointment of judges for the Robbins Hose Company election, seconded by Mr. Carey and carried by a unanimous roll call vote. AUTHORIZATION TO PURCHASE SECURITY FENCING - LONG POINT ROAD WATER TREATMENT PLANT In August 2005, the City of Dover Department of Public Works, as well as other municipal Public Works Departments throughout the State, were notified by the Delaware Emergency Management Agency (DEMA) that Federal FY-2003 (Physical Security Enhancement) Grant Funds were available for use. The Department of Public Works proposed a project to install approximately 1,690 linear feet of 6' high black vinyl coated chain link fence around the perimeter of the Long Point Road Water Treatment Plant property. Also included in the project description are two (2) twelve foot wide swing gates to vehicular traffic entering the site and one (1) four-foot wide personnel gate for access to valves outside of the fenced area. This type of fencing was listed on the City's annual fencing contract, which was awarded to Duck's Quality Fences earlier this fiscal year. Duck's Quality Fences will complete the fencing installation for this project upon authorization by the City of Dover. Public Works staff is awaiting the signed authorization from DEMA for this improvement and will utilize the sub-grant process offered by DEMA. Staff has received the email authorization for this project, and is anticipating the receipt of the written authorization from DEMA by October 31, 2005. This purchase will be included in the mid-year budget revisions and will be 100% reimbursed through the Homeland Security Grant Program. Staff requested authorization to use Federal FY-2003 Homeland Security Grant Funds to purchase and install a 6' high security fence around the perimeter of the Long Point Road Water Treatment Plant. Installation will be completed by the City's fence contractor, Duck's Quality Fences, using the annual fence contract. Staff will adjust the budget to reflect this purchase, as well as the receipt of the grant funds. Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. SETTING OF DATES FOR SPECIAL ELECTION In accordance with Section 13 of the City Charter, a Special Election must be held to fill the vacancy created by the death of Councilman John W. Pitts, since the vacancy created is in excess of six (6) months in duration. This position is for a Fourth (4th) District Council seat with a term that expires May 8, 2006. The following dates were suggested for Council consideration and approval relative to the Special Election: Date of Election - Tuesday, December 13, 2005 - The earliest the election can be held is November 15, 2005 and the latest it can be held is December 15, 2005.

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 12 Filing Petitions - October 25, 2005 through November 4, 2005 - This time frame allows nearly two weeks for filing of petitions and close to five (5) weeks for campaigning and absentee voting. Voter Registration Close - November 15, 2005 - Voter registration (for the Special Election) shall close on November 15, 2005 and reopen on January 1, 2006. The State will continue to accept voter registration applications, but will not forward them to the City of Dover until our registration period reopens. Mrs. Green advised members that the Elks Lodge (which has moved to their new facility on Salisbury Road) has been tentatively reserved as the polling place for the Special Election. She suggested that, if Council would prefer, another possible polling place could be City Hall. Newspaper notices for the filing petition dates will be prepared so that we can advertise immediately following the Council Meeting (upon Council approval of the dates). It was the consensus of members that a Special Meeting be held soon after the election so that the new Council member could be sworn in as soon as possible. Mr. Salters moved for approval of the proposed dates, as recommended by staff, seconded by Mr. Carey and carried by a unanimous roll call vote. REZONING REQUEST/FIRST READING (RECOMMENDED FOR REFERRAL TO THE PLANNING COMMISSION ON NOVEMBER 21, 2005 AND THAT A PUBLIC HEARING BE SET FOR DECEMBER 12, 2005 AT 7:30 P.M.) A request was received to rezone property located on the west side of Silver Lake Boulevard adjacent to Silver Lake Convalescent Center, owned by Pelken, Inc. The property is currently zoned C-PO (Commercial/Professional Office) and the proposed zoning is RM-1 (Medium Density Residence). 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. Sadusky, Council unanimously referred the request to the Planning Commission and set a public hearing for December 12, 2005 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 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)

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 13 FINAL READING - PROPOSED ORDINANCE The First Reading of the following proposed ordinance was accomplished during the Council Meeting of October 10, 2005. Chapter 106 - Traffic and Vehicles, Section 106-17 - Truck Routes Mr. Carey moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried. Mr. Hogan moved for adoption of the following ordinance, seconded by Mr. Carey and carried by a unanimous roll call vote: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 106 - Traffic and Vehicles - of the Dover Code be amended by adding a new section 106-17, to read as follows: (a) Except as hereinafter provided, no commercial vehicle having three (3) or more axles shall be operated on any street in the City of Dover except on a "truck route." (b) The following roads are designated as "truck routes" within the City of Dover: (1) U.S. Route 13 (2) Bay Road (3) Governors Avenue (4) Saulsbury Road (5) Dover-Kenton Road (6) Persimmon Tree Lane (7) Delaware Route 1 (8) Scarborough Road (9) McKee Road (10) South Little Creek Road (11) Leipsic Road (12) Denny's Road

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 14 (13) Delaware Route 8 (14) North Street (15) New Burton Road (16) White Oak Road (c) This section shall not apply to any commercial vehicle with three (3) or more axles: (1) Making a local delivery to or a pickup from a place in the City of Dover incapable of being directly accessed from a designated "truck route." The driver must have available proof of intended place of delivery or pickup and: (a) If entering the City limits, the driver shall use the most direct practical route from a designated truck route to and from the delivery or pickup, and (b) If originating from within the City limits, the driver shall use the most direct practical route to and from the place of delivery or pickup within the City and/or the most direct practical route to a designated "truck route" if going outside the City limits. (2) Owned by or leased to the City or any volunteer fire company or emergency response organization when engaged in official business, including, by way of example, those vehicles of any fire department, or any police department or agency, or to any town or state public works department or agency. (3) Owned by, leased to, or operated by any public utility company (or its subcontractor) while engaged in public utility operations. (4) Garbage and solid waste haulers in the course of their business operations. (5) Operated on any City street officially designated as a detour route where such vehicle could otherwise be lawfully operated upon the street for which such detour is established. ADOPTED: OCTOBER 24, 2005 COUNCIL MEMBERS COMMENTS Mr. Carey congratulated Mrs. Green, City Clerk, on the outstanding evaluation she received (4.9 out of 5) for teaching Parliamentary Procedures to the Delaware Municipal Clerks. Mr. Slavin thanked Mayor Speed and Councilman Salters for their eloquent and heartfelt tributes to Councilman Pitts during his funeral service. Mr. Salters announced that the family of Councilman Pitts has asked him to relay their appreciation for the support shown them by the City and Council members. Mr. Hogan reminded members of the “Goblins and Goodies” night being held on October 29, 2005 from 5:00 p.m. to 7:00 p.m. at the Delaware Agricultural Museum.

CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 15 Mr. Carey moved for adjournment, seconded by Mr. Sadusky and unanimously carried. Meeting Adjourned at 8:41 P.M. JANICE C. GREEN CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 24, 2005, are hereby approved. STEPHEN R. SPEED MAYOR /JG S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\08-22-2005 Council.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Petition to Annex and Zone property for Property located at 174 Mifflin Road Exhibit #2 - Petition to Annex and Zone property for Property located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and North of Finish Line Drive

Surrounding Land Uses: To the north are residential properties zoned R-10. To the northeast are properties in Kent County with both commercial and residential uses. To the west and southeast is the Creekstone development zoned RM-1 and C-2A. Comprehensive Plan: The Annexation and Growth Map of the Comprehensive Plan classifies this as a Category 1 “Lands Identified for Annexation” and recommends residential. The Annexation Model done for the Comprehensive Plan included this parcel in Fiscal Impact Analysis Area “1L”. The cost benefit analysis found a positive fiscal impact for the area as a whole of $4.3 million dollars over ten years in 2004 dollars. Other Considerations • This property will be incorporated into the adjacent Creekstone development which is zoned RM-1 with four (4) residential units and the adjacent areas zoned C-2A. • The State Planning Office has received and accepted the Plan of Services for Utilities. Recommendation of the Planning Commission: Because this is a property identified for annexation in the Comprehensive Plan and there were no public comments opposed to the annexation the Planning Commission at their October 17, 2005 meeting voted unanimously to recommend the annexation and zoning to City Council.

Exhibit #1 - Index Map EN N HAV LYN ED00-086.05-01-08.00 ED00-086.05-01-08.01 ED00-086.05-01-05.00 ED00-085.08-01-02.00 ED00-086.05-01-08.02 ED00-086.05-01-04.00 ED00-086.05-01-06.00 ED00-086.05-01-10.00 ED00-085.08-01-01.00 ED00-085.08-01-04.00 ED00-086.05-01-11.00 ED00-086.05-01-12.00 ED00-085.08-01-03.00 ED00-086.05-01-13.00 Legend D FID Dover Boundary RS RS Parcels in City LE NO NT WI GO Parcels in County GR VE RR N R County Parcels Contacted EE BE Subject Property ER Y ED00-085.08-01-06.00 ED00-085.12-03-01.00 ED00-085.12-03-02.00 ED00-085.12-03-03.01 ED00-085.12-03-03.00 KES SEL R ING ED00-085.12-03-04.00 Locator Map N 1 inch equals 300 feet DATE PRINTED: 9/21/05 DATE CREATED: 9/13/05 FILE: m:\mapdata\it data\tax assessor\project\governors annex 8.5x11 DEPARTMENT: Information Technology GIS City of Dover, Delaware

PREPARED BY: TAX MAP PARCEL NO. City of Dover ED-00-086.05-01-04.00/000 PO Box 475 Dover, DE 19903-0475 MAYOR AND COUNCIL A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover: All that lot of land situated in East Dover Hundred, Kent County and State of Delaware, Near the City of Dover, and lying on the Westerly side of South Governors Avenue Extended, but not adjacent thereto, bounded on the North by lands now or formerly of Charles E. Campbell, et ux, on the East by lands now or formerly of Creekstone Development, L.L.C., on the South in part by other lands of Creekstone Development, L.L.C., and in part by a street 50 feet wide as laid out on a plot hereinafter referred to, and on the West by the center of Puncheon Run Branch, the lot being designated as Lot No. 4 on a plot of the subdivision of lands of Roy W. Deats, prepared by Charles C. Brown, Registered Land Surveyor, September 12, 1957, and of record in the office of the Recorder of Deeds at Dover in Plot Book 5, Page 48, and being more particularly described as follows: Beginning at a point in the North line of the said street 50 feet wide as the same appears on the said plot, said beginning point being at the Southeast corner of the said Lot No. 4 being located North 47 degrees 45 minutes West a distance of 400 feet from the intersection of the North line of said street 50 feet wide with the West right-of-way of South Governors Avenue Extended; Thence from said beginning point and binding upon land now or formerly of Creekstone Development, L.L.C.; 1) South 42 degrees 15 minutes West a

ANNEXATION RESOLUTION - 1196 S. GOVERNORS AVENUE PAGE 2 distance of 180 feet to an iron rod with cap found; thence 2) North 47 degrees 45 minutes West a distance of 290.03 feet to the center of Puncheon Run Branch; Thence by and with the center of Puncheon Run Branch the following courses and distances: 3) North 72 degrees 31 minutes 22 seconds East, a distance of 14.56 feet; 4) North 50 degrees 12 minutes 19 seconds East, a distance of 25.23 feet; 5) North 67 degrees 8 minutes 3 seconds East, a distance of 24.31 feet; 6) North 62 degrees 31 minutes 38 seconds East, a distance of 51.15 feet; 7) North 50 degrees 34 minutes 25 seconds East, a distance of 22.92 feet; 8) North 34 degrees 8 minutes 49 seconds East, a distance of 13.74 feet; 9) North 37 degrees 24 minutes 25 seconds East, a distance of 36.25 feet to a point in the center of Puncheon Run Branch; Thence departing the center of Puncheon Run Branch, 10) South 47 degrees 45 minutes East, a distance of 252.92 feet to the point of beginning, said lot containing 1.085 acres more or less. Subject to: said property being subject to a perpetual right-of way and easement for the installation of sanitary sewer lines as deed to the City of Dover from Catherine C. Deats by deed dated January 20, 1983, as recorded among this and records of Kent County, Delaware in Deed Book I—38, folio 261. 2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover. 3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County. 4. That the effective date of this resolution shall be the 15th day of November, 2005 at 12:01 a.m. o'clock. ADOPTED: * S:\ClerksOffice\Annexations\Annex-2005\1196 S Governors Avenue\Approval Resolution for Packets.wpd

FINAL READING AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1196 S. GOVERNORS AVENUE 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 RS-1 - Single Family Residence (Kent County zoning classification) to RM-1 - Medium Density Residence (City of Dover zoning classification). 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 has been amended by changing the zoning designation from RS-1 (Kent County zoning classification) to RM-1 (City of Dover zoning classification) on that property located at 1196 S. Governors Avenue, owned by Francis G. and Barbara D. Powell. ADOPTED: * S:\ClerksOffice\Packets\2005\Council Packets\11-14-2005\Rezoning-Final Reading - 1196 Governors Avenue.wpd

PETITION TO ANNEX AND ZONE PROPERTY Before City Council November 15, 2005 Applicant/ B.F. Real Estate Ventures, L.L.C. Owner: 1001 South Bradford Street Dover, DE 19901 Location: 1325 South State Street Size: 2.33 acres +/- County Zoning: RS-1 Single Family Residential Proposed Zoning: CPO – Commercial and 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. Present Use: Residential Proposed Use: Office File Number: AX-05-05

Surrounding Land Uses: To the north and east are lands in Kent County used as a residential and zoned RS-1. To the south are lands in the City of Dover, used for offices and zoned CPO. To the east is the DelDOT right-of- way for the Puncheon Run Connector in the City of Dover. Comprehensive Plan: The 2005 Comprehensive Plan the Growth and Annexation Map of the Comprehensive Plan considers this a Category 2 property (Desirable for Annexation) and recommends Office or Residential uses. The Annexation Model done for the Comprehensive Plan included this parcel in Fiscal Impact Analysis Area “2B”. The cost benefit analysis found a positive fiscal impact for the area as a whole of $4.1 million dollars over ten years in 2004 dollars. Other Considerations: • The State Planning Office has received and accepted the Plan of Services for Utilities. • The State Planning Ofiice in its transmission letter for the Plan of Services notes that the 2005 Comprehensive Plan is not yet certified, and the earlier 2003 certified Comprehensive Plan calls for this area to be residential only. While the SPO states that they support office zoning, they are advising that prudence in moving forward without a certified plan. Recommendation of the Planning Commission: Because this is a property identified for annexation in the Comprehensive Plan the Planning Commission at its October 17, 2005 meeting recommended Annexation and Zoning to CPO.

Exhibit #1 - Index Map ON HE NC PU RS NO GO VE R ED00-086.05-01-51.00 ED00-086.05-01-59.02 Legend Dover Boundary Parcels in City ED00-086.05-01-59.00 Parcels in County ED00-086.05-01-52.00 County Parcels Contacted TE STA Subject Property ST ED00-086.05-01-53.00 Locator Map N 1 inch equals 300 feet DATE PRINTED: 9/21/05 DATE CREATED: 9/14/05 FILE: m:\mapdata\it data\tax assessor\project\state st annex 8.5x11 DEPARTMENT: Information Technology GIS City of Dover, Delaware

PREPARED BY: TAX MAP PARCEL NO. City of Dover ED-00-086.05-01-51.00/000 PO Box 475 Dover, DE 19903-0475 MAYOR AND COUNCIL A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover: All that certain lot, piece or parcel of land with the improvements erected thereon, situated in East Dover Hundred, Kent County and State of Delaware, lying on the east side of South State Street, a short distance northwest of Huntley Circle; being bounded on the west by South State Street; on the north by lands now or late of The State of Delaware (Puncheon Run Connector); on the east and south by lands now or late of Asher B. Carey, III & Cynthia M. Carey and being more particularly described in accordance with a recent survey by Earl D. Smith, Inc. Professional Land Surveyors dated December 8, 2003 as follows to wit: BEGINNING at a found pipe in the east line of South State Street at a corner for this lot and lands now or late of Asher B. Carey, III & Cynthia M. Carey; said point of beginning commencing from the intersection of north right-of-way of Huntley Circle with the east right-of-way of South State Street, North 09 deg. 30 min. 00 sec. West 582.45 feet to the point of beginning; thence running from said point of beginning with the east line of South State Street on the following two courses: (1) North 09 deg. 30 min. 00 sec. West 57.14 feet to a found pipe; thence (2) running in a northwesterly direction with a 2,834.79 foot radius curve to the right an arc distance of 213.56 feet having a chord bearing North 07 deg. 20 min. 29 sec. West 213.51 feet to a found pipe in the east line of South State Street at a corner for this lot and lands now or late of The State of Delaware (Puncheon Run Connector);

ANNEXATION RESOLUTION - 1325 S. STATE STREET EXTENDED PAGE 2 thence running with lands now or late of The State of Delaware (Puncheon Run Connector), North 81 deg. 47 min. 11 sec. East 203.37 feet to a set pipe; thence continuing with lands now or late of The State of Delaware (Puncheon Run Connector), North 64 deg. 27 min. 32 sec. East 134. 75 feet to a set pipe; thence continuing with lands now or late of The State of Delaware (Puncheon Run Connector), North 88 deg. 09 min. 47 sec. East 35.36 feet to a set pipe at a corner for this lot and lands now or late of The State of Delaware (Puncheon Run Connector) in line of lands now or late of Asher B. Carey, III & Cynthia M. Carey; thence running in part with lands now or late of Carey, South 09 deg. 33 min. 00 sec. East 287.28 feet to a set pipe at a corner for this lot and lands now or late of Carey; thence continuing with lands now or late of Carey, South 79 deg. 46 min. 10 sec. West 178.63 feet to a found fence post at a corner for this lot and lands now or late of Carey; thence continuing with lands now or late of Carey, South 02 deg. 58 min. 37 sec. East 6.74 feet to a found fence post at a corner for this lot and lands now or late of Carey; thence continuing with lands now or late of Carey, South 79 deg. 51 min. 38 sec. West 196.79 feet to the point and place of beginning and containing 2.3315 acres of land be the same more or less. AND BEING the same lands and premises, which were conveyed unto RICHARD E. HAMMOND AND DIANE M. HAMMOND, by deed of PAUL T. MORRIS dated July 3, 2001, and recorded in the Office of the Recorder of Deeds, Kent County, Delaware July 10, 2001, in Deed Book 424, Page 198. Subsequently, the said RICHARD E. HAMMOND did depart this life on or about October 23, 2002, leaving the said DIANE M. HAMMOND, Grantor herein, as the surviving tenant by the entireties. Subject, however, to the reservations, restrictions, conditions and covenants of record and subject to such state of facts as an accurate survey and/or inspection of the lands and premises will disclose; the operation and effect of any zoning laws, and building restrictions imposed by public authority; and easements and public utility grants of record. 2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover. 3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County. 4. That the effective date of this resolution shall be the 15th day of November, 2005 at 12:01 a.m. o'clock. ADOPTED: * S:\ClerksOffice\Annexations\Annex-2005\1325 S State Street Extended\Approval Resolution for Packets.wpd

FINAL READING AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1325 S. STATE STREET 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 RS-1 - Single Family Residence (Kent County zoning classification) to CP-O - Commercial/Professional Office (City of Dover zoning classification). 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 has been amended by changing the zoning designation from RS-1 (Kent County zoning classification) to CP-O (City of Dover zoning classification) on that property located at 1325 S. State Street, owned by BF Real Estate Ventures. ADOPTED: * S:\ClerksOffice\Packets\2005\Council Packets\11-14-2005\Rezoning-Final Reading - 1325 State Street.wpd

UTILITY COMMITTEE The Utility Committee Meeting was held on October 24, 2005, at 5:30 p.m. with Chairman Carey presiding. Members present were Mr. Ruane, Mr. Sadusky, Mr. Cregar, and Mr. Snaman. Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters (arrived at 6:04 p.m.), Mrs. Williams (arrived at 5:49 p.m.), and Mayor Speed were also present. AGENDA ADDITIONS/DELETIONS Mr. Sadusky moved for approval of the agenda, seconded by Mr. Snaman and unanimously carried. Exemptions to Senior Citizens Report Members were reminded that during the FY 2006 Budget Hearings, staff was directed to research the option of providing senior citizen discounts for the newly created customer charges for water and wastewater services. The current customer charge is $1.25 each for water and wastewater services. Mrs. Tieman, Senior City Administrator, provided information regarding surveys of other communities; input from Ms. Jean Holloway, Training and Education Manager for the Region 3 Environmental Finance Center at the University of Maryland; correspondence from Mr. Lester Guthorn, City’s Investment Advisor; and comments and suggestions from Mr. Charles McDowell, City Bond Advisor. Mr. McDowell indicated that any discounted service might be prohibited by our bond covenants; however, the Water and Sewer Bond Resolution could be amended. This solution would not be without costs and complications. It is estimated that it would cost the City approximately $280,000 in interest on a refinancing to change the Resolution, as well as the issuance cost of the bonds. Mrs. Tieman advised members that this charge began in July and that, to date, only one (1) complaint has been received from a senior citizen regarding the charge. Due to the concerns of the City’s financial and bond advisors and the lack of complaints regarding this matter, staff did not recommend creating an exemption for seniors at this time. As an alternative, it was suggested that Council could review the tax exemption to qualifying seniors to cover the $30 annual customer charge ($1.25 plus $1.25 per month times 12 months). Mrs. Tieman stated that this charge could be offset by increasing the tax exemption for senior citizens from $50,000 to $60,000. The $10,000 difference at the .33¢ tax rate would provide a $33 credit for the year. Responding to Mr. Ruane, Mrs. Tieman indicated that senior citizens do not use very much water and, therefore, average less than 3,000 gallons per month, which would have resulted in a monthly cost of $22.54. Although he respects the concerns of members, Mr. Ruane felt that Council conducted a fair assessment and he does not feel that evidence has been produced to warrant providing an additional exemption to senior citizens. Concurring, Mr. Sadusky suggested that this matter be reviewed next year. In response to Mr. Cregar, Mrs. Tieman stated that there are approximately 412 senior citizen exemptions provided by the City. Multiplying 412 by $33 totals $13,596, which would be the revenue loss realized by the City if the credit were to be provided by increasing the tax exemption for senior citizens as suggested.

UTILITY COMMITTEE MEETING OF OCTOBER 24, 2005 PAGE 2 Mr. Ruane suggested that it would be more appropriate to further consider such a concept during the Budget Review. Mr. Cregar moved to recommend that Council authorize staff to develop an ordinance amending Section 102-183 (b), by increasing the amount of the exempt assessed valuation from $50,000 to $60,000, to become effective for those billings due on or before July 31, 2005, and that it be presented to the Legislative, Finance, and Administration (LF&A) Committee for their review and recommendation to Council. The motion was seconded by Mr. Carey. Responding to Mr. Carey, Mr. DePrima explained that it is too early in the fiscal year to determine how the revenue shortfall would be recouped. The ideal time to consider such a change would be during the mid-year review when staff is prepared to present actual expenses, revenues, and propose adjustments accordingly. At this time, any suggestions for acquiring the funds would be speculation. However, he noted that this would be a General Fund expense. Mr. Ruane reminded members that the City recently amended Section 102-183 of the Dover Code (ordinance adopted by City Council on May 23, 2005) that increased the exemption amount of assessed valuation from $25,000 to $50,000 for senior citizens. Mr. DePrima also indicated that Council lowered the age limit to qualify for the exemption, which allowed for more qualified seniors. Mr. Snaman noted that the purpose of the proposal was to provide relief from the water/wastewater customer charges to our senior citizens. Due to the costs involved, it has been proposed to accomplish this relief through property taxes. He relayed concern that the City could be in jeopardy of circumventing the issue and did not feel that the City should take such a risk. Mr. Cregar moved to recommend that the matter be referred to the Legislative, Finance, and Administration Committee to be discussed during the mid-year budget review. The motion was seconded by Mr. Carey and failed (Mr. Snaman, Mr. Sadusky, and Mr. Ruane opposed). The motion recommending that Council authorize staff to develop an ordinance amending Section 102-183 (b), by increasing the amount of the exempt assessed valuation from $50,000 to $60,000, to become effective for those billings due on or before July 31, 2005, and that it be presented to the Legislative, Finance, and Administration Committee for their review and recommendation to Council failed (Mr. Snaman, Mr. Sadusky, and Mr. Ruane opposed). Mr. Snaman moved for adjournment, seconded by Mr. Sadusky and unanimously carried. Meeting Adjourned at 6:09 P.M. Respectfully submitted, Carleton E. Carey, Sr. Chairman CEC/jg S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\10-24-2005 Utility.wpd

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee Meeting was held on October 25, 2005 at 5:00 p.m. with Chairman Hogan presiding. Members present were Mr. Carey, Mr. Ritter (departed at 6:00 p.m.) , Mr. Lakeman, and Mr. Link (arrived at 6:05 p.m.) . Members of Council present were Mr. Ruane and Mr. Slavin (departed at 6:05 p.m.). Mayor Speed was also present. AGENDA ADDITIONS/DELETIONS Mr. Carey moved for approval of the agenda, seconded by Mr. Ritter and unanimously carried. Traffic Concerns - The Overlook on Silver Lake Members reviewed a letter received from Mr. Edward McNamara, President of the Overlook on Silver Lake Homeowners Association, Inc. The residents felt that the traffic problems being encountered would be eliminated by the placement of speed bumps at the two (2) entrances to the development. Mr. Clive Sadler, 116 Overlook Place, provided a map depicting the streets and alleys within the Overlook on Silver Lake. He explained that people utilize Venue Drive, off of LePore Road, for cutting through the alley to gain access to the liquor store, hotel, or to access Route 13. In an effort to alleviate this, the alley was changed to one-way so that traffic could not enter from LePore Road. The consequence of this action is that people now utilize Venue Drive to access the alley at a very high rate of speed. There is a tremendous amount of non-residential traffic utilizing the neighborhood roads at a high rate of speed to access Route 13. Mr. Sadler indicated that speed bumps would possibly deter or eliminate these problems. In addition, there is a lot of litter and debris from the restaurant, hotel, and liquor store thrown in the alleyway, particularly liquor bottles. Mr. DePrima advised members that he has been working with the residents of the neighborhood in an effort to close off or move the connecting point between the commercial area and the residential neighborhood. He advised members that there was an existing easement across the property before the development of the Overlook on Silver Lake. When the property was subdivided, the developer had the opportunity to either maintain or move the easement. In order to create additional lots, the easement was moved and the developer was required to preserve access to the commercial lots through this property, which is a legal agreement over which the City has no authority. The City has attempted to work with the owners to move the easement to help alleviate some of the neighborhood concerns. There was also an extensive amount of enforcement and action that has been taken in this area. However, Mr. DePrima noted that staff has concentrated on the alleyway in order to provide some type of resolution and reminded members that speed bumps are prohibited in accordance with the Dover Code. Police Chief Horvath advised members of the actions that have been taken and that 86% of the vehicles utilize the alley correctly (one-way). He requested that enforcement be increased in this area with a very low tolerance. He cautioned members that a narrow roadway that is close to your home may not necessarily translate to a high rate of speed on radar. Chief Horvath assured members that the Police Department will continue to respond to complaints.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF OCTOBER 25, 2005 PAGE 2 Fire Chief Bashista reviewed information that was provided to members regarding the use of speed bumps (Attachment #1). After much discussion, Mr. Hogan suggested a two-way stop sign on each end of the alley-way and reduction of the speed limit to 15 MPH. Chief Horvath suggested that additional signage be erected under the speed limit sign indicating “strictly enforced”. There was some discussion regarding the possibility of returning to a one-way alley in the opposite direction as well as instituting a 15 MPH speed limit throughout the entire neighborhood. Mr. Carey moved to recommend that the speed limit for the alley be reduced to 15 MPH and that stop signs be erected at the entrance to the alley from the hotel and liquor store, and down the alley as you come to the entrance. The motion was seconded by Mr. Ritter and unanimously carried. Status - Emergency Operations Plan Chief Horvath introduced Lt. Bernat, who is responsible for the City’s Emergency Operations; Allen Metheny, Assistant Director of Public Safety with the Division of Emergency Management for Kent County; Jaime Turner, Director of DEMA; and Daniel Valley, Director of American Red Cross of Delmarva. Chief Horvath advised members that the City of Dover’s Emergency Operations Plan (DEOP) was originally compiled in 1978, was significantly updated in March 1998, and is reviewed and updated annually. The Plan has been designed to provide guidance in developing a state of readiness for all conditions of emergency, including civil disorders, natural disasters or nuclear attack upon the United States. Lt. Bernat advised members that the mission of the DEOP is to protect life and property by preparing for and carrying out emergency preparedness operations and to prevent or minimize repair and recovery from injury and damage which may result from a man-made or natural disaster. The authority to activate the DEOP rests with the Mayor of the City of Dover and, in his absence, Council President and then the City Manager. The responsibility for implementation of the DEOP Center rests with the City Manager or in his/her absence, the Police Lieutenant in charge of Emergency Preparedness. It also provides for the necessary coordination with the State, County, and other emergency service providers. Mr. Metheny assured members that Kent County is made available to assist the City of Dover with any emergency related needs. He briefed members on the Emergency Operations Plan for Kent County which was completely rewritten in 2004, and explained the role of Kent County Emergency Management, which is to provide assistance to various jurisdictions, including the City of Dover. The Plan was also developed to assist the citizens and visitors of Kent County in case of emergency. Mr. Metheny referred to the recent evacuation incidents that occurred in the southern states and indicated that although there are evacuation routes established, DelDOT has not marked these routes. This matter is currently being resolved by the development of traffic management teams who have been charged with reviewing traffic management in detail. He stated that the area the team is

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF OCTOBER 25, 2005 PAGE 3 currently working on is Route 1 and that they are developing detour routes for every mile of Route 1. The traffic management team is also developing evacuation route designations which will be marked as such. Mr. Metheny advised members that there are 17 Shelters approved within Kent County which could provide for approximately 5,500 evacuees. He briefly explained the Delaware Emergency Notification System (reverse 911 system) and advised members that Delaware is the first in the Country to be designated as a “Storm Ready State”, which indicates that there are systems in place to alert the public to emergency situations very quickly. Responding to Mr. Ruane, Mr. Metheny stated that everything included in the Plan for Kent County also includes the City of Dover. He assured members that there are evacuation plans for the elderly and others that have physical limitations and are unable to evacuate; however, this is under the responsibility of the State of Delaware’s Plan, which the County is a part of and explained that the State requests assistance from the local levels with this responsibility. Mr. Metheny advised members that according to all emergency plans, including the federal level, citizens should be prepared to take care of themselves for the first 72 hours. Mr. Turner, Delaware Emergency Management Agency (DEMA), explained that the traffic management team concept came out of issues resulting from the two (2) Nascar races that occur each year. These events serve as practice sessions. He assured members that what happened in Louisiana and New Orleans is not the norm. Members should understand that there must be pro-active leadership and quick decisions made during emergency situations. Mr. Turner reviewed the processes that occur for the various types of emergency situations, assuring members that representation from the City of Dover is included in most of the situations. Mr. Valley, Director of American Red Cross of Delmarva, explained the role of the Red Cross and the specific areas that the Delmarva Chapter is responsible for. The Red Cross partners with the City, County, and State. He explained that in addition to major emergency situations, Red Cross also deals with individual disasters such as house fires. The major role for the American Red Cross, when an emergency plan is engaged, is to provide mass care, sheltering, and feeding during major disasters. Mr. Hogan stated that he was intrigued by the entire presentation and thanked each of the participants for their time. DelDOT Request for Input on Corridor Preservation In conjunction with the DelDOT Corridor Capacity Preservation Program (Delaware Code, Title 17, Section 145), the list of adopted corridors must be updated every three (3) years to account for change. The Mayor advised members that DelDOT has requested input from the City of Dover regarding the Corridor Preservation before selecting locations for inclusion in the Program. Mayor Speed recommended Route 8 or another suitable, existing east-west corridor, for preservation. Mr. Lakeman moved to recommend requesting that Route 8, or any other suitable existing east-west corridor, be included in the Corridor Preservation Program for the City of Dover, seconded by Mr. Link and unanimously carried.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF OCTOBER 25, 2005 PAGE 4 Mr. Carey moved for adjournment, seconded by Mr. Link and unanimously carried. Meeting Adjourned at 6:41 P.M. Respectfully submitted, Kenneth L. Hogan Chairman KLH/jg S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\10-25-2005-SA&T.wpd Attachments to Original Minutes and File Copy: Attachment #1 - Letter from Fire Chief Bashista - Use of Speed Reduction Devices

SPECIAL BOARD OF TAX APPEALS The Special Meeting of the Board of Tax Appeals was brought to order at 10:04 AM on Tuesday, November 1, 2005, By Chairman Councilman Ruane. Members present were Councilman Ruane; Councilman Salters; and Councilman Sadusky. Mayor Speed joined the meeting at 10:30 AM. Staff present was Cheryl Russell and Tony DePrima. . The first item on the agenda was Technical Issues. Technical Issues were discussed at this meeting on the following parcels: L- KENTON RD. 205 W. DIVISION ST. 122-128 W. DIVISION ST. 39 S. WEST ST. 222 RAILROAD AVE. 121 W. DIVISION ST. 19 N. GOVERNORS AVE. 430 W. WATER ST. 446 W. WATER ST. 704 S. WEST ST. 642 VISTA AVE. 637 VISTA AVE. 1530-1536 N DUPONT HWY. 1502 N. DUPONT HWY. The second item on the agenda was Due Process Complaints. Process Complaints were not heard or considered on the basis of a letter dated September 21, 2005 by Deputy City Solicitor William Pepper Sr. The meeting was adjourned at 11:21 PM, by Chairman Councilman Ruane.

TECHNICAL ISSUES 1-Nov-05 PARCEL ID OWNER NAME PROPERTY LOCATION EXPLANATION CURRENT PROPOSED VALUE VALUE ED-05-66.00-1-09.01 FOX HALL PLANTATION 9.054 AC - KENTON RD. PARCEL DOES NOT EXIST. $ 244,600.00 $ - Approved COMPANY WAS DELETED WITH DEEDS AND COMBINED ED-05-76.08-5-56 SOUTH SMYRNA 205 W. DIVISION ST. TABLED FROM PREVIOUS $ 185,300.00 $ 29,800.00 Approved DEVELOPERS LLC MEETING OF 9/6/05. BUILDINGS WERE DEMO'D END OF JUNE. LAND IS BEING CLASSIFIED AS COMMERCIAL LAND. ED-05-77.05-3-59 SOUTH SMYRNA 122-128 W. DIVISION ST. TABLED FROM PREVIOUS $ 176,100.00 $ 31,000.00 Approved DEVELOPERS LLC MEETING OF 9/6/05. BUILDINGS WERE DEMO'D BEGINNING OF JULY. LAND IS BEING CLASSIFIED AS COMMERCIAL LAND. ED-05-76.08-6-02 DDDC 39 S. WEST ST. BUILDING WAS CLASSIFIED $ 670,600.00 $ 36,600.00 Approved AS WAREHOUSE. BUILDINGS ARE DILAPIDATED AND DEMO'D ED-05-076.12-2-40 DDDC 222 RAILROAD AVE. BUILDING WAS DEMO'D. $ 107,600.00 $ 51,800.00 Approved DURING CONVERSION BLDG WAS ADDED IN ERROR ED-05-077.05-1-15 WESLEY COLLEGE 121 W. DIVISION ST. THIS PARCEL WAS COMBINED $ 56,000.00 EXEMPTION Approved WITH ED-05-77.05-1-02 THIS PARCEL IS ALREADY EXEMPT THEY WERE ONLY TAXED ON $8300 (SYSTEM ERROR) ED-05-077.05-1-07 WESLEY COLLEGE 19 N. GOVERNORS AVE. THIS PARCEL WAS COMBINED $ 175,700.00 EXEMPTION Approved WITH ED-05-77.05-1-02 THIS PARCEL IS ALREADY EXEMPT TABLED FROM PREVIOUS MEETING OF 9/6/05. ED-05-077.13-1-06 STATE OF DELAWARE 430 W. WATER ST. PURCHASED BY STATE OF DE $ 112,200.00 EXEMPTION Approved EXEMPT ENTITY TO BE ADDED TO STATE LISTING ED-05-077.13-1-02 STATE OF DELAWARE 446 W. WATER ST. PURCHASED BY STATE OF DE $ 117,100.00 EXEMPTION Approved EXEMPT ENTITY TO BE ADDED TO STATE LISTING

ED-05-077.13-1-31.03 STATE OF DELAWARE 704 S. WEST ST. PURCHASED BY STATE OF DE $ 149,500.00 EXEMPTION Approved EXEMPT ENTITY TO BE ADDED TO STATE LISTING ED-05-068.09-1-55 OLD TOWNE BUILDERS 642 VISTA AVE. MINOR LOT LINE ADJUSTMENTS $ 46,800.00 $ - Approved DISSOLVED THESE PARCELS ED-05-068.09-1-68 OLD TOWNE BUILDERS 637 VISTA AVE. MINOR LOT LINE ADJUSTMENTS $ 46,900.00 $ - Approved DISSOLVED THESE PARCELS ED-05-057.00-1-06 CF SCHWARTZ MOTOR 1530-1536 N DUPONT HWY. WE HAD PARCEL SPLIT INTO $ 6,562,500.00 $ 5,214,600.00 Approved CO INC. TWO PARCELS. COMBINE PARCELS AND ADJUST FOR LAND VALUE; DUE TO UNBUILDABLE AREAS. PREVIOUSLY BILLED AS TWO BUILDABLE LOTS, NOW COMBINED INTO ONE. ED-05-057.00-1-08 CF SCHWARTZ MOTOR 1502 N. DUPONT HWY. COMBINED WITH 05-57.00-1-06 $ 825,000.00 $ - Approved CO INC. 1530-1536 N. DUPONT HWY. TOTAL $ 9,475,900.00 $ 5,363,800.00 Approved

ACTION FORM AGENDA ITEM: 11-14-2005 - 10 PROCEEDING: Council DEPARTMENT OF ORIGIN: City Council PREPARED BY: Janice C. Green, City Clerk on behalf of Council President Williams SUBJECT: Council and Committee Meetings - Holiday Schedule DATE SUBMITTED: 11-02-2005 RELATED PROJECT: N/A APPROVALS: N/A EXHIBITS: N/A EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: N/A RECOMMENDED ACTION: Reschedule Second Council and Committee Meetings of the Month in December 2005 (week of December 26th), as follows: Council Meeting - Tuesday, December 20, 2005 - 7:30 p.m. Utility Committee - Tuesday, December 20, 2005 - 5:30 p.m. Safety Advisory and Transportation Committee - Wednesday, December 21, 2005 - 5:00 p.m. BACKGROUND AND ANALYSIS The Festival of Lights is scheduled to be held on November 28th at 6:00 p.m.; therefore, Chairman Carey has cancelled the Utility Committee meeting scheduled for this same evening. There will be no change to the Regular Council Meeting which is scheduled to begin at 7:30 (Open Forum at 7:15 p.m.). Typically, due to the holiday season, the last Council and Committee Meetings for the month of December are cancelled (noting that if the need arises, a Special Meeting could be called). However, due to the Special Municipal Election on December 13, 2005, members have requested that a Special Council Meeting be held for the swearing in ceremony for the newly elected member of Council. I am requesting that the Regular Council Meeting scheduled for December 26, 2005 be rescheduled to be held on Tuesday, December 20, 2005. The City Clerk’s Office has confirmed the availability of Comcast for televising and recording the meeting. City Staff should be prepared to submit those items that are regularly scheduled for the second Council Meeting of the month at that time. The Chairmen of the Committee Meetings that would be affected by the holidays, Utility and Safety Advisory and Transportation, have requested that their meetings regularly scheduled for the week of December 26th be rescheduled to coincide with the Special Council Meeting, as follows: 1) Utility Committee - 5:30 p.m. on Tuesday, December 20, 2005; and 2) Safety Advisory and Transportation Committee - 5:00 p.m. on Wednesday, December 21, 2005. S:\ClerksOffice\Packets\2005\Council Packets\11-14-2005\Holiday Schedule - Council 11-14-2005-10.wpd