COUNCIL Packet

Regular City Council Meeting Agenda September 28, 2020 - 7:30 p.m. This meeting will be held remotely via WebEx. Public participation information is as follows: Phone: 1-408-418-9388 Link: https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=e482f5c2e273d878 9bc5edb42361871c6 Event number: 173 819 3717 Event password: DOVER (if needed) If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. Invocation by Mayor Christiansen Pledge of Allegiance Led by Mayor Christiansen Adoption of Agenda * 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 September 14, 2020 2. Proclamations A. Cyber Security Awareness Month B. Extra Mile Day C. Fire Prevention Week D. Halloween Trick-or-Treat E. Hispanic Heritage Month F. Community Planning Month 3. Public Hearing - Resolution No. 2020-11 Approving Issuance of Certain Bonds or Notes by Robbins Hose Company No. 1 of Dover, Delaware

Council Agenda - September 28, 2020 Page 2 4. Council Committee of the Whole Report - September 15, 2020 * A. Utility Committee 1. Update #2 on Development of Provisions and Ordinances for Wireless Communications Facilities - Proposed WCF Ordinance and Proposed Small Wireless Communications Facility (SWCF) Design Manual (Committee recommendation: Forwarding the Proposed Draft Ordinance and the Preliminary Draft Design Manual to City Council for a First Reading and establishment of Public Hearing dates with Planning Commission and City Council, as recommended by Staff) (See Item #9) 2. Approving the Form and Content of a Model Master License Agreement for Small Wireless Communication Facilities Attached to City of Dover Assets (Committee recommendation: Approval of the model Master License Agreement and authorizing the City Manager to sign agreements with individual carriers) B. Legislative, Finance, and Administration Committee * 1. Proposed Amendments to the Purchasing Policy (Committee recommendation: Approval of the recommended changes and a review of the suggestion made by Mr. Anderson regarding minority vendors) * 2. Proposed Ordinance #2020-11 - Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division 1 - Generally and Division 2 - Officers (Committee recommendation: Adoption of Ordinance #2020-11, pending the change of language to make it gender neutral and adding Section 46-46 - Appeal of suspension, back into the original document) (See item #10) 3. Proposed Amendments - Dover Human Relations Commission (Anderson, Rocha, and Sudler) (Committee recommendation: Restoration of the intake form (Attachment #2), allowing the Commission to participate in non-binding mediation, and encouraging participation in community education. Additionally, allowing the recommendations to be reviewed by the City Solicitor's Office before the Council meeting, and that the item not be on the consent agenda when it is considered by City Council) * 4. Status of Other Post-Employment Benefits (OPEB) and Pension Funds (Committee recommendation: Information update only) * 5. Proposed Ordinance #2020-05 Amending Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses and Article X - Rental Dwellings (Committee recommendation: That Mr. Hugg draft the ordinance with the proposed changes from the various groups that he has talked to for an up or down vote at the next Committee meeting, or when he has it drafted and completed) * C. Parks, Recreation, and Community Enhancement Committee 1. Presentation - Delaware’s State University - The Acquisition of Wesley College (Dr. Tony Allen, President - Delaware State University) 2. Presentation - Wilmington Hope Commission and Bobby Wilson (Deferred by Committee due to the absence of Bobby Wilson) 3. Presentation - Vines Community Project (Reverend Carol Harris) 4. Library Reopening Plan (Committee recommendation: Not moving forward until there is a clear vision of guidelines and protocols in place) 5. Police Athletic League (P.A.L.) Update

Council Agenda - September 28, 2020 Page 3 * 5. Appointments/Reappointments Recommended by Council President Hare - Dover Human Relations Commission - Three Year Terms to Expire February 2023 A. At-Large - Sara Herbert (reappointment) B. First District - Paul Fleming (reappointment) C. First District - Joseph Parampathu (to fill the expired term of Gerald L. Rocha) D. Third District - Alan Gaddis (reappointment) E. Third District - Wanda Mullen (reappointment) F. Fourth District - Rita Mishoe Paige (reappointment) * 6. Annual Committee Appointments/Reappointments (Deferred during the Annual Meeting of May 11, 2020) - Recommended by Mayor Christiansen A. Dover Fourth of July Celebration Committee (1) Andrea Maucher - President/Vice-Chair (Reappointment) (2) Brett Scott - Vice-President (3) Jeffrey C. Dill - Treasurer (Reappointment) (4) Justin Strickland - Secretary (5) Carolyn D. Courtney - Staff Liaison (Reappointment) B. Silver Lake Commission (1) Kathleen Marie Doyle (2) Marie E. Kozel (Reappointment) (3) Michael W. Lewis (Reappointment) * 7. Appointments/Reappointments Recommended by Mayor Christiansen A. Dover Housing Authority - Todd M. Stonesifer (to fill the unexpired term of Mark Harmon - term to expire August 15, 2021) B. Public Advisory Committee of the Dover/Kent County MPO - Two Year Terms to Expire July 2021 (current terms expired July 2019) (1) Jonathan Contant (Reappointment) (2) Karen E. McGloughlin (Reappointment) 8. Update on In-person Meetings 9. First Reading - Proposed Ordinance #2020-13 The First Reading is offered on the Proposed Ordinance. Amendments to Appendix B - Zoning require a Public Hearing. It is recommended for referral to the Planning Commission for a Public Hearing on October 19, 2020, and that a Public Hearing be set before City Council on November 9, 2020 at 7:30 p.m., at which time the Final Reading and Council action will take place. The ordinance is available at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. A. Amending Appendix B - Zoning, Article 3 - District Regulations, Section 20B - Industrial Park Manufacturing Zone - Industrial Aviation and Aeronautics Center (IPM3); Article 5 - Supplementary Regulations, Section 21 - Public Utility Infrastructure and a new Section 23 - Wireless Communications Facilities; Article 12 - Definitions; Chapter 98 - Streets, Sidewalks, Storm Sewers and Other Public Places; and Appendix F - Fees and Fines (Legislative, Finance, and Administration Committee)

Council Agenda - September 28, 2020 Page 4 10. First Reading - Proposed Ordinance #2020-11 The First Reading is offered on the Proposed Ordinance. Final action by Council will take place during the Second Reading on October 12, 2020. The ordinance is available at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. A. Amending Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division 1 - Generally and Division 2 - Officers (Legislative, Finance, and Administration Committee) 11. City Manager’s Announcements 12. Council Members’ Announcements 13. Adjournment /tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Agendas\2020\09-28-2020 COUNCIL 09-24.wpd Executive Session Pursuant to: 29 Del. C. §10004(b)(2) - Preliminary discussions on site acquisitions for any publicly funded capital improvements, or sales or leases of real property; 29 Del. C. §10004(b)(4) - Strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining or pending or potential litigation, but only when an open meeting would have an adverse effect on the bargaining or litigation position of the public body; 29 Del. C. §10004(b)(6) - Discussion of the content of documents, excluded from the definition of "public record" in §10002 of this title where such discussion may disclose the contents of such documents; 29 Del. C. §10004(b)(9) - Personnel matters in which the names, competency and abilities of individual employees are discussed, unless the employee requests that such a meeting be open THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held by video conference on September 14, 2020 at 7:30 p.m. with Council President Hare presiding. Council members present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Cole, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Mr. Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present. The invocation was given by Reverend Carol Harris, followed by the Pledge of Allegiance. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Lindell and unanimously carried. OATH OF OFFICE ADMINISTERED BY THE HONORABLE JAMES G. MCGIFFIN, JR., JUDGE - FAMILY COURT The Honorable James G. McGiffin, Jr., Judge, Family Court, administered the Oath of Office to Gerald L. Rocha, Sr., Council - First District. ADOPTION OF CONSENT AGENDA Council President Hare advised that the City Manager, Mrs. Donna Mitchell, requested that item #5 - Semi-Annual Inspection by City Manager - Robbins Hose Company, be removed from the consent agenda. Mr. Neil moved for adoption of the consent agenda, as amended. The motion was seconded by Mr. Cole and carried by a unanimous roll call vote. ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JUNE 1, 2020 - BUDGET REVIEW The Minutes of the Special Council Meeting of June 1, 2020 - Budget Review were unanimously approved by motion of Mr. Neil, seconded by Mr. Cole and bore the written approval of Mayor Christiansen. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 24, 2020 The Minutes of the Regular Council Meeting of August 24, 2020 were unanimously approved by motion of Mr. Neil, seconded by Mr. Cole and bore the written approval of Mayor Christiansen.

CITY COUNCIL MEETING OF SEPTEMBER 14, 2020 PAGE 2 PROCLAMATION - CONSTITUTION WEEK The City Clerk read the following Proclamation into the record: WHEREAS, the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a republic dedicated to rule by law. September 17th, 2020, marks the two hundred thirty-third anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to recognize this magnificent document and the anniversary of its creation. It is appropriate to officially commemorate this occasion with patriotic celebrations, particularly in Delaware, the first state to ratify the Constitution; and WHEREAS, Public Law 915 guarantees the issuance of a proclamation each year by the President of the United States of America, which designates September 17th through the 23rd as Constitution Week. NOW THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim September 17th through the 23rd, 2020 as CONSTITUTION WEEK in the City of Dover and urge all residents to reaffirm the ideals held by the Framers of the Constitution in 1787 by vigilantly protecting the freedoms guaranteed to us in this invaluable document. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Ms. Dorothy Abbott of the Daughters of the American Revolution - Colonel John Haslet Chapter. PROCLAMATION - RECOVERY MONTH The City Clerk read the following Proclamation into the record: WHEREAS, mental and substance use disorders affect all communities nationwide, but with commitment and support, people with these disorders can achieve healthy lifestyles and lead rewarding lives in recovery. By seeking help, people who experience mental and substance use disorders can embark on a new path toward improved health and overall wellness; and WHEREAS, the impact of mental and substance use disorders is apparent in our local community. In 2019, 431 Delawareans died from drug overdoses, an 8% increase from 2018, and fentanyl accounted for 79% of the deaths. The Department of Health and Social Services is concerned about the COVID-19 impact on Delawareans already struggling with substance use disorder. Through May 31, 2020, 160 Delawareans died from suspected overdoses, a 60% increase compared to the previous year; and WHEREAS, through Recovery Month, people become more aware and able to recognize, the signs of mental and substance use disorders, which can lead more people into needed treatment. Managing the effects of these conditions can help people achieve healthy lifestyles, both physically and emotionally; and

CITY COUNCIL MEETING OF SEPTEMBER 14, 2020 PAGE 3 WHEREAS, the Recovery Month observance continues to improve the lives of those affected by mental and substance use disorders by raising awareness of these diseases and educating communities about the prevention, treatment, and recovery resources that are available. Local resources include the City of Dover Police Department’s ANGEL Program, and the State of Delaware’s Help is Here program and, nationally, The Herren Project is an available resource. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim September 2020 as RECOVERY MONTH in the City of Dover and call upon our community to observe this month with compelling programs and events that support this year’s Recovery Month theme “Join the Voices for Recovery: Celebrating Connections,” and take a stand against substance abuse by participating in Delaware Goes Purple. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Reverend Carol Harris, Chaplain Supervisor at Bayhealth Medical Center. MONTHLY REPORTS - JULY 2020 By motion of Mr. Neil, seconded by Mr. Cole, the following monthly reports were accepted by consent agenda: City Assessor's Report City Council’s Community Enhancement Fund Report City Manager's Report City Planner's Report Controller/Treasurer's Budget Report (June and July) Fire Chief's Report (June and July) Police Chief's Report SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY In accordance with Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division 1 - Generally, Section 46-43 - Semiannual Inspections, of the City Code, the City Manager, Mrs. Donna S. Mitchell, met with the Fire Chief to discuss fire company issues. Mrs. Mitchell submitted a memorandum outlining the items discussed and noted that, due to COVID-19, the April and October inspections were combined. By unanimous consent, the report of the Semi-Annual Robbins Hose Company Inspection, as submitted by the City Manager, was accepted. APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - KELLI LEITER LORD - PLANNING COMMISSION (TO FILL THE EXPIRED TERM OF FREDERICK TOLBERT - TERM TO EXPIRE JUNE 1, 2023) Mayor Christiansen recommended the appointment of Kelli Leiter Lord to serve on the Planning Commission for a term to expire June 1, 2023 (to fill the expired term of Frederick Tolbert). By consent agenda, Mr. Neil moved for approval of the appointment of Kelli Leiter Lord, as recommended by Mayor Christiansen. The motion was seconded by Mr. Cole and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF SEPTEMBER 14, 2020 PAGE 4 APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - TIFFANY L. STEGER - CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS - REPRESENTATIVE OF HOMEOWNERS (TO FILL THE EXPIRED TERM OF ADAM M. PERZA - TERM TO EXPIRE MAY 24, 2021) Mayor Christiansen recommended the appointment of Tiffany L. Steger to serve on the Construction and Property Maintenance Code Board of Appeals for a term to expire May 24, 2021 (to fill the expired term of Adam M. Perza). (City Clerk’s Office note: The agenda listed the term expiration as May 10, 2021.) By consent agenda, Mr. Neil moved for approval of the appointment of Tiffany L. Steger, as recommended by Mayor Christiansen. The motion was seconded by Mr. Cole and carried by a unanimous roll call vote. CONSIDERATION OF RENEWING THE AGREEMENT FOR LIBRARY SERVICES WITH LIBRARY SYSTEMS AND SERVICES Mr. Matt Harline, Assistant City Manager, reviewed the background and analysis for renewing the agreement for library services with Library Systems and Services. Staff recommended notifying Library Systems and Services of the City's intention to terminate the contract and then either issuing an RFP for Library Services and negotiate an agreement for a longer term or prepare to bring on-board as City employees Brian Sylvester as Director and Megan Johnson as Assistant Director. Any RFP should be conducted quickly and require retaining. The Council could also seek to negotiate new terms for a no-bid contract if it is convinced that extension of the contract is preferable and that there are no competitors for this service in the market. Responding to Mr. Anderson, Mr. Harline stated that hiring the director and the assistant director would involve a comparison of benefits to determine if they wished to proceed with being hired by the City. Mr. Neil asked how the proposed salaries compared with other City department heads and if these employees will have a probationary period. Responding, Mr. Harline stated that he thought that since they were hired in July, they would get credit for that time. He reminded members that he, Mrs. Kim Hawkins, Director of Human Resources, and LS&S were involved in the hiring process. Mr. Neil moved to hire Brian Sylvester as Library Director and Megan Johnson as Assistant Library Director on a permanent basis with the probationary period, pending their agreement in terms of the salary. The motion was seconded by Mr. Anderson and carried by a unanimous roll call vote. SPECIAL ELECTION TO FILL VACANCY - ROBBINS HOSE COMPANY - TERM TO EXPIRE DECEMBER 31, 2020 - SECOND FIRE LINE CAPTAIN - DAVID KNIGHT President Timothy Mullaney, Jr. advised members, in accordance with the City Code and the By- Laws of the Robbins Hose Company, during the August 3, 2020 Regular Monthly Meeting, members of the Robbins Hose Company No. 1 elected, by the Secretary’s Ballot, David Knight to serve as Second Fire Line Captain, for Council consideration.

CITY COUNCIL MEETING OF SEPTEMBER 14, 2020 PAGE 5 By consent agenda, Mr. Neil moved for acceptance of David Knight as Second Fire Line Captain for Robbins Hose Company No. 1 with a term to expire December 31, 2020, as submitted. The motion was seconded by Mr. Cole and carried by a unanimous roll call vote. FINAL READING - PROPOSED ORDINANCE #2020-10 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of August 24, 2020. Council President Hare reminded members of the public that copies of the proposed ordinance were available at the entrance of the Council Chambers or on the City’s website at www.cityofdover.com under “Government.” Mr. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Lindell and unanimously carried. By motion of Mr. Neil, seconded by Mr. Lindell, Council, by a unanimous roll call vote, adopted Ordinance #2020-10 with Staff Amendment #1 (SA#1), as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 34 - Elections, Article II - Voter Registration, Section 34-31. - Requirements of the Dover Code be amended to read as follows: ARTICLE II. - VOTER REGISTRATION Sec. 34-31. - Requirements. No person shall vote, or be allowed to vote, in any municipal election unless such person is properly registered to vote for state elections in accordance with title 15 of the Delaware Code (15 Del. C. § 1101 et seq.), and as otherwise qualified to vote as required in section 8 of the city Charter. Sec. 34-32. - Registration deadlines. (a) Regular elections. In accordance with 15 Del. C. § 2036, § 2037, and § 7550(d) the city clerk shall close the registration records the fourth Monday prior to the date of the regular election, and only those voters properly registered as of that time shall be entitled to vote at the following regular election. (b) Special elections. In accordance with 15 Del. C. § 2037 and § 7550(d) the city clerk shall close the registration records 10 days prior to the date of a special election and only those voters properly registered as of that time shall be entitled to vote at the following special election. If the deadline falls on a Saturday, Sunday or holiday, the deadline shall be the next day that is not a Saturday, Sunday or holiday. The registration records of the city shall remain closed until the day after the regular or special election.

CITY COUNCIL MEETING OF SEPTEMBER 14, 2020 PAGE 6 Sec. 34-33. - Custodian of registration records. The city clerk shall be the custodian of the permanent registration records. The removal of registration records from city hall shall be done only with the express consent of the city clerk. (Code 1981, § 2-27; Ord. of 1-9-1989) Secs. 34-34—34-60. - Reserved. (Code 1981, § 2-26; Ord. of 1-9-1989; Ord. of 11-26-1990, § 2) ADOPTED: SEPTEMBER 14, 2020 CITY MANAGER'S ANNOUNCEMENTS Mrs. Donna Mitchell, City Manager, made the following announcements: • The City will be refreshing the recycling program to provide education to the public. • The City is working on several park projects with Whitman Requardt and Associates and they are providing public input forms for four or five different projects related to the Park Master Plans. • The draft City of Dover Bicycle and Pedestrian Plan is being revised and it is available for review and comment from Sunday, September 6, 2020 through Sunday, October 4, 2020 at www.cityofdover.com/walkbikeDoverplan for the public to provide their input into the plan document. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Anderson announced that the links to the Park Master Plan surveys were available on Facebook on the City’s page, as well as on his page at David Anderson. He advised that the pipe flushing schedule was also available on the City’s Facebook page. Mr. Anderson thanked Councilman Cole for providing meals for Team Rubicon and The Omega fraternity for their volunteer efforts in the tornado recovery. He also thanked Councilman Slavin for his continued commitment with community funds toward recovery and his support of the Vines Community Project in the City of Dover and Kent County. Mr. Anderson encouraged everyone to attend the Council Committee of the Whole meeting the following evening. Mr. Cole, noting that his children are participating in the youth fall soccer league, stated that more than 100 kids are participating, and the City of Dover is following all of the COVID-19 guidelines. He stated that it is providing a chance to participate in outdoor sports for the next six or seven weeks and he requested Mrs. Mitchell, City Manager, to relay their appreciation to the Parks and Recreation staff for moving forward with the program.

CITY COUNCIL MEETING OF SEPTEMBER 14, 2020 PAGE 7 Mr. Rocha thanked everyone for the warm welcome to the City Council and noted that he appreciated the ongoing experience. Mr. Rocha announced, in reference to education, virtual classrooms, and the difficulty that parents are having helping their children with their homework and their studies, that United Way provides tutoring and homework help through its 211 press 4 program. He advised that he was planning to get palm cards made up and he invited any Council members to join him in passing them out. Mr. Rocha stated that he thought it was a way of engaging the members of the city and providing a resource. Mr. Neil moved for adjournment, seconded by Mr. Rocha and unanimously carried. Meeting adjourned at 8:14 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of September 14, 2020 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2020\09-14-2020 REGULAR CITY COUNCIL MINUTES.wpd

PROCLAMATION WHEREAS, we recognize the vital role that technology has in our daily lives and in the future of the City of Dover. Today many citizens, schools, libraries, businesses, and other organizations use the Internet for a variety of tasks, including keeping in contact with family and friends, managing personal finances, performing research, enhancing education, and conducting business. Critical sectors are increasingly reliant on information systems to support financial services, energy, telecommunications, transportation, utilities, healthcare, and emergency response systems; and WHEREAS, Internet users and our information infrastructure face increasing threats of malicious cyber-attacks, invasion ofprivacy from spyware and adware, and significant financial and personal privacy loss due to identity theft and fraud. The National Cyber Security Alliance 's 2020 Cybersecurity Awareness Month theme, "Do Your Part. #BeCyberSmart. " empowers individuals and organizations to own their role in protecting their part of cyberspace, with a particular emphasis on the key message for 2020: "Ifyou connect it, protect it; and WHEREAS, monitoring your accounts, being conscientious of what you share online, keeping computer software up to date, creating unique passwords and changing them regularly, installing anti-virus programs and firewalls, and using mobile devices safely are ways you can protect yourself from phishing, viruses, ma/ware, financial loss, and loss of sensitive data; and WHEREAS, the STOP. THINK. CONNECT. TM Campaign serves as the national cybersecurity public awareness campaign, implemented through a coalition of private companies, nonprofit, government organizations, and academic institutions working together to increase the public's understanding of cyber threats and empowering Americans to be safer and more secure online; and WHEREAS, Delaware 's DigiKnow Campaign is aimed at increasing the understanding of cyber threats and empowering the public to be safer and more secure online. Maintaining the security of cyberspace is a shared responsibility in which each of us has a critical role, and awareness of computer security essentials will improve the security of the City ofDover information infrastructure and economy. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 2020 as Cybersecurity Awareness Month in the City ofDover and urge all citizens to learn about security and put that knowledge into practice. MAYOR

PROCLAMATION WHEREAS, the City of Dover is a community which acknowledges that a special vibrancy exists within the entire community when its individual citizens collectively "go the extra mile" in personal effort, volunteerism, and service; and WHEREAS, the City of Dover encourages its citizens to maximize their personal contributions by giving of themselves wholeheartedly and with total effort, commitment, and conviction to their individual ambitions, family, friends, and community; and WHEREAS, the City of Dover chooses to shine a light on and celebrate individuals and organizations who "go the extra mile" in order to make a difference and lift up fellow members of their community; and WHEREAS, the City of Dover recognizes the mission of the Extra Mile America Foundation to create 550 Extra Mile cities in America and is proud to support "Extra Mile Day" . NOW THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELA WARE do hereby proclaim November 1, 2020 to be Extra Mile Day in the City of Dover and encourage each individual in the community to take time on this day to not only "go the extra mile" in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to ma eir organizations, families, community, country, and world a bet

PROCLAMATION WHEREAS, the City ofDover is committed to ensuring the safety and security of all those living in and visiting our City, and fire is a serious public safety concern both locally and nationally. The National Fire Protection Association 's 2020 Fire Prevention Week theme, "Serve Up Fire Safety in the Kitchen " effectively serves to educate the public on cooking hazards, the dangers of unattended cooking, and precautions individuals can take to prevent cooking-related fires ; and WHEREAS, cooking is the leading cause ofhome fires and home fire injuries in the US. It is vital for residents to identify places in their home where fires can start and eliminate those hazards, and have a planned and practiced home fire escape plan; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; therefore, residents should install smoke alarms in every sleeping room, outside each separate sleeping area, and on every level of the home. Residents should listen for the sound of the smoke alarm and if it sounds, respond by going outside immediately to the designated meeting place. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELA WARE, do hereby proclaim October 4 - 10, 2020 as Fire Prevention Week in the City ofDover and urge all residents to check their kitchens for fire hazards, use safe cooking practices and to support public safety activities and efforts of the City of Dover 's fire emergency services. ROBINR. CHRISTIANSEN MAYOR

PROCLAMA_TION WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the observance of the Halloween Trick-or-Treat custom of emerging from their homes as ghosts, witches, princesses, cartoon characters, caped crusaders, or action heroes and traveling with friends and family door to door throughout the neighborhood to gather treats; and WHEREAS, Trick or Treat is a time for children to comingle interact and relieve stress they can no longer do at school or in other social engagements. We feel it is important to honor the tradition of Trick-or-Treating, we all have a duty to each other; and WHEREAS, Children ages 12 and under may participate in Trick-or-Treating in small groups, ages will be strictly enforced. Parents must accompany their children throughout their journeys in celebrating Halloween Trick-or-Treat and to practice social distancing and wear face coverings as stated in the Governor's guidelines. Motorists are urged to drive with extra caution and to be ever watchful of our youngsters making their rounds; and WHEREAS, it is requested that residents indicate their willingness to welcome children by keeping their porch or exterior lights on and that youngsters call only on homes which are lighted. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim that the Halloween Trick-or-Treat observance be held on the 3JS1 day of October 2020, between the hours of 5:00 p.m. and 8:00 p .m. in the City of Dover and urge all residents, both young and old, to make this a happy and safe occasion for our children.

PROCLAMATION WHEREAS, throughout our history, our Nation has been enriched by the storied pasts of all who call the United States of America home. During National Hispanic Heritage Month, we honor all American citizens of Hispanic descent and celebrate their rich and vibrant traditions offaith, family, hard work, and patriotism. America's Hispanic community has woven unique threads into the fabric of our country with their spirit, energy, and leadership and Hispanic Americans have played an important role in shaping our national character. We are grateful for the innumerable contributions they make to our society, which are vital to our thriving Nation; and WHEREAS, as a Nation, we are bound by our shared ideals. America's Hispanic community has the same dreams, values, trials, and triumphs of people in every corner of our country, and they show the same grit and determination that have carried us forward for centuries. During National Hispanic Heritage Month, let us renew our commitment to honor the invaluable ways Hispanic Americans contribute to our common goals, to celebrate Hispanic culture, and to work toward a stronger, more inclusive, and more prosperous society for all; and WHEREAS, the 2020 National Hispanic Heritage Month theme, "Hispanics: Be Proud of Your Past, Embrace the Future," invites all Hispanics in the City of Dover community to embrace their backgrounds, be proud of who they are and where they came from. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELA WARE, do hereby proclaim September 15 through October 15, 2020, as Hispanic Heritage Month

PROCLAMATION WHEREAS, change is constant in every community and affects all of us, and community planning can help manage change in a way that provides better choices for how people work and live. Community planning provides an opportunity for all residents to be involved in making choices that determine the fitture of their community and requires public officials and citizens who understand, support, and demand excellence in plan development and implementation; and WHEREAS, the American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions that sound planning and plan implementation make to the quality ofour communities and environment; and WHEREAS, the 2020 National Community Planning Month theme, "Planning Is Essential To Recovery, "highlights the importance of community planning to help existing businesses thrive, while continuing to build our community. NOW THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the month of October 2020 as COMMUNITY PLANNING MONTH in the City of Dover, and encourage all citizens to join me in recognizing the participation and dedication of the staff of the City of Dover Department of Planning and Inspections, members of the City of Dover Planning Commission and the valuable contributions made by other community and regional planners and our partner agencies at the State and County levels. We extend our heartfelt thanks for the continued commitment to public service by these professionals and private citizens.

City of Dover MAYOR AND COUNCIL 1 2 PROPOSED COUNCIL RESOLUTION NO. 2020-11 3 4 5 A RESOLUTION APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY THE 6 ROBBINS HOSE NO. 1 OF DOVER, DELAWARE 7 8 WHEREAS, the Robbins Hose Company No. 1 of Dover, Delaware (the “Company”) is a fire company 9 organized and existing under the laws of the State of Delaware; and 10 11 WHEREAS, the Company has provided and continues to provide firefighting services to an area within 12 the City of Dover, Delaware (the “City”); and 13 14 WHEREAS, the Company has advised the City that the Company proposes to issue up to $757,900.00 15 of bonds or notes of the Company (the “Bonds”) for the purpose of financing a portion of the costs of a 16 new 2020 Pierce Enforcer Pumper/Rescue thereon for the Company (the “Project”); and 17 18 WHEREAS, it is the intent of the Company that the interest on the Bonds qualify for exclusion from 19 gross income of the owners thereof for federal income tax purposes pursuant to Sections 103 and 150 of 20 the Internal Revenue Code of 1986, as amended (the “Code”); and 21 22 WHEREAS, pursuant to Sections 103 and 147 of the Code, interest on the Bonds will not qualify for 23 exclusion from gross income of the owners thereof for federal income tax purposes unless the issuance 24 of the Bonds is approved by the applicable elected representative of a governmental unit with which the 25 Company has entered into an agreement, after a public hearing to consider the issuance of the Bonds has 26 been conducted, following reasonable public notice; and 27 28 WHEREAS, the City and the Company previously entered into an Agreement (the “Agreement”) 29 pursuant to which the Company agreed, among other things, to provide exclusive firefighting services to 30 the City; and 31 32 WHEREAS, notice of the requisite public hearing was published in the Delaware State News, a 33 newspaper of general circulation in the City, and on September 28, 2020, the City Council of the City of 34 Dover conducted a public hearing on behalf of the Company for the purpose of considering the issuance 35 of the Bonds; and 36 37 NOW, THEREFORE, BE IT RESOLVED that the Issuer hereby resolves and declares its intent under 38 Treasury Regulations § 1.150-2 to issue its bonds (the “Bonds”) to finance the capital costs of the 39 Project, together with costs of issuance and reasonably required reserves, subject to the following 40 conditions: 41 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

Council Resolution No. 2020-11 Page 2 42 1. The maximum principal amount of Bonds expected to be issued to finance the Project is 43 $757,900.00. 44 45 2. Pending issuance of the Bonds, the Issuer may finance the Project with other funds which will be 46 reimbursed with the proceeds of the Bonds, provided that (a) the Bonds shall not be used to 47 reimburse any expenditure paid more than 60 days prior to the present date; (b) the Bonds shall 48 not be issued more than 18 months after the later of (i) the date of the first expenditure to be 49 reimbursed with the proceeds of the Bonds, or (ii) the date the Project is placed in service; and 50 (c) in no event may the Bonds be issued more than three years after the date of the first 51 expenditure to be reimbursed with the proceeds of the Bonds; and provided further that the 52 limitations of this paragraph 2 shall not apply to qualified “preliminary expenditures” as 53 permitted by Treasury Regulations § 1.150-2(f). 54 55 3. Issuance of the Bonds shall be subject to documentation acceptance to the officers of the 56 Issuer providing for payment of principal, interest, and redemption price of the Bonds. 57 58 BE IT FURTHER RESOLVED that the Council of the City of Dover, Delaware, for the sole purpose 59 of qualifying the interest payable on the Bonds of the Company for exclusion from the gross income of 60 the owners thereof for federal income tax purposes pursuant to Section 103 of the Code, does hereby 61 approve the issuance of bonds or notes by the Company in a maximum aggregate principal amount of 62 up to $757,900.00 for the purpose of financing a portion of the costs of the Project, provided, that such 63 bonds or notes shall be an obligation of the Company and shall never be a debt of the City and the City 64 shall not be liable for any payment on such bonds or notes. 65 66 67 ADOPTED: * 68 69 70 71 ROBIN R. CHRISTIANSEN WILLIAM F. HARE MAYOR COUNCIL PRESIDENT Actions History 09/28/2020 – Scheduled for Introduction - City Council

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole was held by video conference on September 15, 2020 at 6:00 p.m., with Council President Hare presiding. Council members present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole (arrived at 6:50 p.m.), Mr. Rocha, Mr. Taylor, and Mr. Lindell. Mr. Slavin was absent. Civilian members present via video or telephone for their Committee meetings were Mr. Contant (Legislative, Finance, and Administration), Mr. Caldwell (arrived at 6:12 p.m.) and Col. Dix (Ret.) (Parks, Recreation, and Community Enhancement). Ms. Maucher (Utility) and Mr. Shevock (Legislative, Finance, and Enhancement) were absent. UTILITY COMMITTEE The Utility Committee met with Council President Hare presiding in the absence of Chairman Cole. Adoption of Agenda The agenda was adopted by unanimous consent. Update #2 on Development of Provisions and Ordinances for Wireless Communications Facilities - Proposed WCF Ordinance and Proposed Small Wireless Communications Facility (SWCF) Design Manual Mrs. Dawn Melson-Williams, Principal Planner, reviewed the presentation titled "Wireless Communications Facilities - Update on Development of Provisions and Ordinances" (Attachment #1). Staff recommended the review of the Proposed Draft Ordinance and the Preliminary Draft Design Manual and forwarding them to City Council for a First Reading and establishment of Public Hearing dates with Planning Commission and City Council. The draft Ordinance will need formatting into proper Ordinance format and review by the City Solicitor. Preliminary Draft Small WCF Design Manual continues to be refined. Responding to Mr. Taylor's questions regarding safety and violations, Mrs. Melson-Williams provided the following information: • There is not really a recommended distance between the WCF for safety reasons that they have found in their research. They are based on some of the needs of technology and some spacing for proximity to have the system work. The ordinance itself deals more with height, and then if it is not in the right-of-way and it is on a property, that distance from property lines. • Most of what they anticipate coming into the City are the Small Wireless Facilities. They tend to like to locate them on existing poles, whether that is a light pole or a certain available utility pole that exists in the right-of-way. Currently the ordinance does not have a spacing parameter as written. • With it being a zoning ordinance, the violation of one of these ordinances could be a Code Enforcement matter. There are also some provisions that if it is something that becomes attached to a City-owned pole that the Master Licensing Agreements with that franchisee could dictate how they go about removal of unauthorized placements.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 2 • Regarding whose responsibility it is to fix the towers in the event one was to fall, there are some provisions related to that in the ordinance itself. There is a section about maintenance and care of facilities and there also would be provisions in the Master Licensing Agreements that deal with that situation. It may depend on how the pole was actually hit to make it fall. • Section 23.93 of the ordinance is about construction and repairs in the right-of-way. Work in the right-of-way typically has to be coordinated with the Electric Department and Public Works. Item number two talks about in the event of damage, so it does place a responsibility on the Small Wireless Communication Facility for the costs associated with repair, unless it was related to a City issue that caused the demise of the pole. Responding to Mr. Anderson, Mrs. Melson-Williams stated that if a company does not pay the annual fees there are a couple of ways where annual fees are triggered. She stated that some of that information is found in what would be the Master Licensing Agreements, use of right-of-way, which is proposed potentially as another annual fee. Mrs. Melson-Williams noted that there are probably provisions in the ordinance that deal with the lack of payment, but one of the things they need to sort out is how that whole process works. Responding to Mr. Sudler regarding private poles, Mrs. Melson-Williams provided the following information: • The term "private," could be a poll that, while located within the City right-of-way, the pole itself is proposed by ownership of a third party, or they could have the placement of a facility. This process sets up how they deal with each of those, so it depends on where it is and what it is. • A lot of the poles that they would find on what they will call "private property" may be owned by the industry group, and they enter an agreement with a property owner, either to acquire the land or to lease the space. They could be leasing space on an existing water tower, so they have a number of leases on the City facilities, whereas the private entity of the Wireless Communication Facility owner is in some type of ownership or lease agreement with another property owner or object owner. Mr. Sudler suggested holding a workshop during this process to inform the citizens of Dover about how it affects the private-owned poles so that they could have a better understanding as well. Responding to Mr. Sudler regarding the process of private owners leasing the space, Mrs. Melson-Williams stated that a lot of times the Wireless Facility owner will go out looking for a place and that it really is a private matter. She noted that the City does not get involved unless it is a City-owned right-of-way, or a City-owned building, structure, or pole that they want to be attached to. Mrs. Melson-Williams noted that it is really out of the City's hands and that it is like making any other real estate deal. Mr. Neil moved to forward the Proposed Draft Ordinance and the Preliminary Draft Design Manual to City Council for a First Reading and establishment of Public Hearing dates with Planning Commission and City Council, as recommended by Staff. The motion was seconded by Mr. Taylor and unanimously carried.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 3 Approving the Form and Content of a Model Master License Agreement for Small Wireless Communication Facilities Attached to City of Dover Assets Mr. Matthew Harline, Assistant City Manager, reviewed the background and analysis of the form and Content of a Model Master License Agreement for Small Wireless Communication Facilities Attached to City of Dover Assets. Staff recommended the approval of the model Master License Agreement and authorizing the City Manager to sign agreements with individual carriers. Mr. Neil moved to recommend approval of Staff's recommendation. The motion was seconded by Mr. Lindell and unanimously carried. Mr. Neil moved for adjournment of the Utility Committee meeting, seconded by Mr. Taylor and unanimously carried. Meeting adjourned at 6:38 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding. Adoption of Agenda Mr. Lindell requested that item #1 - Equalized Payment Plan Program (also known as Budget Billing) - Options of the Legislative, Finance, and Administration Committee be removed. Mr. Neil moved for approval of the agenda, seconded by Mr. Rocha and unanimously carried. Equalized Payment Plan Program (also known as Budget Billing) - Options This item was removed from the agenda. Proposed Amendments to the Purchasing Policy Mrs. Donna Mitchell, City Manager, reviewed the proposed amendments to the purchasing policy. Staff recommended approval of the recommended changes. Responding to Mr. Neil, Mrs. Mitchell clarified that Tyler Munis is the new system and HTE is the former system. She indicated that changing systems would require an amendment to the document. Mrs. Mitchell noted that it is a policy document and that the reason that they are making the administrative changes is to change the wording to match the new system. Responding to Mr. Anderson regarding minority contractors, Mrs. Mitchell stated that the 3% minority vendor’s preference would apply to all purchasing and that they can require at least one of the vendors under consideration be a minority vendor or have a letter of justification be a part of the process.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 4 Mr. Hare moved to recommend approval of the recommended changes and a review of the suggestion made by Mr. Anderson regarding minority vendors. The motion was seconded by Mr. Anderson and unanimously carried. Proposed Ordinance #2020-11 - Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division 1 - Generally and Division 2 - Officers Mr. Tim Mullaney, Jr., President of Dover Fire Department, reviewed the background regarding proposed ordinance #2020-11 - Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division 1 - Generally and Division 2 - Officers. Staff recommended the adoption of Ordinance #2020-11. Fire Chief Ronald Rhodes, Sr. stated that this was going to help them move forward to answer calls and continue to recruit new members. He noted that it expands their boundaries a little bit to help out and that he agreed with all of the changes. Responding to Mr. Sudler, Fire Chief Rhodes stated that they would like to have the first engine on the street within the first six minutes from the time of dispatch. Regarding any mile constraint in the new proposed policy that would make a potential firefighter employee ineligible due to traffic safety concerns, Fire Chief Rhodes stated that depends on the time of day. He noted that, by law, they are allowed to proceed as an emergency vehicle, but they still have to follow the same rules as an emergency vehicle when it comes to stop signs, red lights, and speed. Responding to Mr. Sudler regarding retention rate for firefighter employees, Fire Chief Rhodes stated that their membership is, as far as demographics are concerned, getting older. They have an influx that once they complete high school, they go to college or move out of the district. He noted that they have some support out of the Wesley College students and that with COVID, they lost two of those guys until they just recently came back. He noted that the membership is a ride along program where they can come up and participate in their duty crews. There are also times that they have to sound the general alarm and reduce the number of times that responders will have to respond. Mr. Taylor stated that the appeals of suspension could potentially be a liability issue for the City. He noted that if someone feels as though the decisions that are being made are disingenuous, and they are appealing to the exact same people who they are accusing of being disingenuous, he believes that is a recipe for disaster. Mr. Mullaney stated that they have a specific appeal process within their constitutional bylaws and any member that feels as though the punishment that they have been provided for whatever infraction, whether it was the President or the Fire Chief, because those are the only two that can issue those types of disciplines, there is an in depth process that they need to follow. Mr. Mullaney stated that it is in line with just about every other fire department throughout the State, in all big cities, with the exception of the City of Wilmington. Mr. Mullaney stated that the process that they have spells out what the actual firefighter can do in any circumstance. He advised that it goes through a process that has been in place for longer than he has been a member. Mr. Mullaney noted that he did not remember anybody appealing a suspension to the City, because they are attached to the City in a sense, however, the Volunteer Fire Department falls within that membership and that is where those members appeal to. Mr. Mullaney stated that he understood the

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 5 concern of liability. He noted that the number of people that are provided any type of discipline had their right to appeal it, and most choose not to. Mr. Mullaney stated that if any member had an issue with any type of discipline that they were provided, that they would follow the bylaws and, if they needed to, take the Fire Department to court over that. Mr. Mullaney stated that in recent past, they had one incident where that did occur, the Fire Department was on their own in that sense. He noted that the City did not cover any legal fees. Mr. Taylor stated that he understood the explanation, but it did not satisfy his concern. Responding to Mr. Lindell, Mr. Mullaney stated that the Fire Company is incorporated, and they are their own legal entity as far as that is concerned. Mr. Lindell stated that would address the concerns. Mr. Hare stated that a lot of this is internal Fire Department procedure and that the Fire Department does respond to fires that are in City limits, and if there is someone that lives outside of City limits and they are able to come in, that works. Mr. Hare stated that if the Fire Department gives a two-week suspension to someone for a violation, they are the ones that know better whether that person should be suspended. Mr. Hare noted that he trusts the Fire Department, the Chief, and President, and that if they need these changes to try to attract more members and continue doing it, that was is fine. Mr. Rocha, regarding the appeal of suspension issue, noted that this is protection or an option for the suspended member. He stated that he could not see how that would hinder recruitment and did not see why they should take it out without giving the suspended member an option to make an appeal to City Council. Responding to Mr. Rocha regarding the verbiage of Section 46-73. - Qualifications. - (a), Mr. Mullaney stated that it is not correct to assume that only a male can be nominated for the position. He noted that they had a female Line Officer this current year. He noted that could have been an oversight. Mr. Neil moved to recommend adoption of Ordinance #2020-11, pending the change of language to make it gender neutral. The motion was seconded by Mr. Hare. Mr. Sudler stated that he felt as though their oversight as City Council has been somewhat diminishing slowly and that he was not comfortable with that. He stated that he cannot support anything that removes oversight, which City Council has been entrusted to do. Mr. Hare asked if Mr. Neil, Fire Chief Rhodes, and Mr. Mullaney were okay with leaving the option for the suspended fire person to appeal to City Council, if they chose. Responding, Mr. Mullaney stated that this was not solely his or the Fire Chief's decision, noting that the amendments were voted on by their membership and put forth because that is what the general membership wanted, which would include the members that would have been suspended and have the potential to be suspended now and in the future. Mr. Mullaney noted that if the Committee takes an action now based on what they feel is best, and they would like to retain that verbiage, that is something that he will certainly take back to the company at their next company meeting to inform them of that change. Mr. Lindell noted that if membership is unhappy with keeping that in there, they can have further discussion on it without delaying the other changes that are needed to maintain the strength of their Volunteer Fire Department.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 6 Mr. Neil withdrew his original motion of adoption of Ordinance #2020-11, pending the change of language to make it gender neutral. Mr. Neil moved to recommend adoption of Ordinance #2020-11, pending the change of language to make it gender neutral and adding Section 46-46 - Appeal of suspension, back into the original document. The motion was seconded by Mr. Hare and unanimously carried. Proposed Amendments - Dover Human Relations Commission (Anderson, Rocha, and Sudler) Mr. Anderson, Mr. Sudler and Mr. Rocha reviewed the background of the proposed amendments to the Dover Human Relations Commission (DHRC). Responding to Mr. Hare, Mr. Anderson stated that he agreed that if both parties to a dispute are outside of the City, it should go to the State Human Relations Commission. He noted that if one party is in the City and one party is not in the City, or owns property or a business in the City, then that is City jurisdiction. Mr. Anderson stated that if both parties voluntarily agree to undergo mediation, then there would be no issue, and if they do not agree, then the jurisdiction would switch to the State Human Relations Commission. Responding to Mr. Hare regarding if the DHRC would start working on their purpose as outlined in the Dover Code and involve segments of the community, understanding, appreciating the benefits of inter group relations, Mr. Anderson stated that yes, that is part of what meditation does. He noted that the strategic plan is based upon those factors and that they are endorsing to fulfill the vision that is outlined by the Code. Mr. Hare stated that the Chair would see the intake form after it has been vetted by Mr. Rodriguez to know whether it is in their jurisdiction. He noted that he did not think the Commission should address complaints against the City, City Council, or other City offices. Mr. Rocha responded that it would be under the purview of the Ethics Commission. Mr. Sudler stated that his only addition is to make sure that any complaint that is received goes to the Chair, in addition to legal counsel, simultaneously, because they do not want a Chairperson to be unaware of anything that was submitted. Mr. Sudler stated that even if it is not necessary, it is out of respect for the Chair. He suggested that the Chair should be made aware of the scenario and why it did not have merit to go forward so that they can explain to the constituent. Mr. Hare stated that did not disagree with Mr. Sudler, but he did not think that it was the Chair's position. He stated that if someone in the City files a human relations complaint, it should go to the City Clerk's Office and the Council person whose district it is in, then they should be advised of the complaint. Mr. Hare stated that it goes to Mr. Rodriguez, then if that person has a question, they will be advised that their Council person knows about it, it is being vetted, and it will go to DHRC. Responding to Mr. Taylor, Mr. Sudler stated that if there is a complaint made against an officer or any first responder it would be handled by internal affairs. Mr. Sudler noted that the Dover Police Department has their own internal complaint form and it would probably be forwarded to the City Solicitor for advice. Mr. Sudler noted that people would file with the City Clerk's office, or members would have some intake forms, but then they would have to give it directly to the City Clerk's office. They would have to file, stamp, and see if it was within their purview, if it was not, it would go to the proper department.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 7 Mr. Lindell stated that one of the issues that is preventing the Commission from maturing as an organization is the way the membership is broken down and chosen. He noted that they have had two vacancies for a while and had constant turnover. Mr. Lindell stated that there was a lot of frustration about not having a lot of direction from Council as far as what needs to happen. Referring to the DHRC minutes of May 27, 2015, Mr. Lindell advised that Mr. James McGiffin, Jr., former Council member, added the idea of interviewing people, surveys, and creating focus groups on diversity. He stated that those are the types of things he would like to see the Commission focus on. Mr. Lindell noted that he would like to get this done right and take the time to do it and he would start with talking to Mr. Rodriguez to see what they can and cannot do and what conflicts with the State Human Relations Commission. He stated that across the Committees, they need to bring younger people into the fold. Mr. Sudler agreed with Mr. Lindell and stated that a part of getting it right is taking the first step. He noted that this would be a great opportunity to get mediation training for the current commissioners to get them started and it really would not cost too much of their time or taxpayers' money. Mr. Sudler stated that this is the echo that they heard in Dover Park with of Dover Human Relations Commissioner Reverend Rita Mishoe Paige and three to four State and Delaware Central branch City NAACP members and members of the community. Mr. Neil stated that they have to start now, and they can enhance later. He noted that this Commission basically has helped them spread the word that they are doing things right, and for that reason, he is going to support this recommendation. Responding to Ms. Lachelle Paul, Mr. Rocha stated that the description of the DHRC’s mission is in the strategic plan. Ms. Paul expressed her concerns regarding the racial tension issues, not just in the City of Dover, but all over the country. She noted that the community could actually become a part of helping bridge the gap so that they can work on things that are more important than the racial tension. Mr. Sudler moved to recommend approval of the recommendations, seconded by Mr. Anderson. Responding to Mr. Taylor, Mrs. Mitchell stated that they have a social media employee policy that all employees have to sign off on every year. She noted that she did not know that they give it to committee members or Council members, but she would check into that. Mr. Lindell requested that the motion include their due diligence with legal opinions and that when it goes to Council, it is off the consent agenda so Councilman Slavin has a chance to respond, if he so desires. Mr. Anderson and Mr. Sudler both concurred with the addition to the motion. Mr. Anderson moved to recommend restoration of the intake form (Attachment #2), allowing the Commission to participate in non-binding mediation, and encouraging participation in community education. Additionally, allowing the recommendations to be reviewed by the City Solicitor's Office before the Council meeting, and that the item not be on the consent agenda when it is considered by City Council. The motion was seconded by Mr. Sudler and unanimously carried.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 8 Status of Other Post-Employment Benefits (OPEB) and Pension Funds Mrs. Donna Mitchell, City Manager, reviewed the Status of Other Post-Employment Benefits (OPEB) and Pension Funds. Staff advised that it was an information update only. Proposed Ordinance #2020-05 Amending Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses and Article X - Rental Dwellings Mr. Dave Hugg, Director of Planning and Community Enhancement, and Council President Hare reviewed the background of Proposed Ordinance #2020-05 Amending Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses and Article X - Rental Dwellings. Staff advised that it was an information update only. Mr. Contant asked if they could walk through how this ordinance would actually be enforced and what actions would be taken. He expressed his concerns regarding some of the nuisance laws that they have had with rental properties which were never actually used because there was an issue with enforcement. Mr. Hare reviewed the process, history, and background information regarding proposed ordinance #2020-05. He noted that, for the most part, it would be complaint-driven but they would have to have a rental permit. Mr. Contant asked how they would prove what actually happened if the violation took place on the weekend, especially when they are dealing with short-term rentals. He noted that they already know they do not have enough inspectors. Mr. Contant asked, based on subsequent fines, if the property owner does not pay, what is the City going to do. Mr. Hare stated that if it is an Airbnb and someone files a complaint, they will be able to go there on Monday and speak to the owner that lives there and say they have received a complaint. Mr. Contant stated that the property in question that started all of this was not listed on Airbnb. He asked how the City would address the people who are skirting around the typical channels of finding short term tenants. Responding, Mr. Hare stated that they can always have the inspectors contact the owners to obtain a copy of their lease because they are getting complaints, then they tell the owner what the issues are and if they are not going to address them it goes on from there. Mr. Contant stated that he was fairly certain that there was no lease agreement in the case that started all of this. He asked how the City was going to use the ordinance to effectively enforce this on the house that does not appear to be following proper channels for renting anyway. Responding, Mr. Hare stated that they can revoke the rental permit until the owner comes in and addresses the questions, and they can start getting violations, then the violations will build up. He noted that if there is a notice put up that the house cannot be occupied because there are a certain amount of violations, they cannot occupy the house if they are not the owner because there would be no rental permit. Mr. Hugg stated that the ordinance did the following things: • It enlarges the kinds of violations that could be brought against the property. Using the property for a rental purpose without a rental license is a code violation on its own. They ultimately have the power to prevent people from occupying that house if need be.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 9 • Before that, there are a series of fines and penalties that if they are not paid, they roll over as an addition to taxes and either they get paid or the property moves through the default process. • It strengthens the ability of the Police Department to use the provisions that are in the disorderly premises law. Mr. Hugg stated that it gives them more tools to bring to bear, but the most important thing it does is, it would say to the person who owns the property of Stewart Court, because they do not live there, they have no right to operate it as any kind of temporary, short-term use. The only available option to them would be to get a regular City of Dover rental license with inspection and meet those code requirements. Mr. Hare noted that they could be a bed and breakfast too. Mr. Hugg stated they could, but they would have to get a conditional use and they would have to have the proper underlying zoning, so that would be quite difficult for them, but it is an option that they could pursue if they really wanted to. Mr. Taylor stated that it appears that they are going to spend $500 to $1,000 in man hours trying to collect $100 and that they need to streamline this process. Mr. Hare stated that he thought it would be considerably more than $100. Mr. Taylor stated that it states in the packet material that the annual licensing fee is $50 and penalties for violations are $100 for the first offense, $300 for the second offense, and $500 for any subsequent offense leading up to 24 months of the license being suspended. Mr. Taylor noted that if it is the weekend and they have to determine whether or not there was a violation that Monday or Tuesday, code enforcement is already short when it comes to personnel. Mr. Hare stated that if the ordinance was passed, then the property would need to be an owner-operated Airbnb or a bed and breakfast property, or a leased rental property. He noted that the violations would not matter because they can revoke the rental permit. Mr. Hare advised that the fines are strictly what is in there now, but if the ordinance is adopted and the property has to be either an Airbnb, a bed and breakfast, or a leased rental property, they are not going to waste time with code enforcement or the police. Mr. Hugg noted that then it could no longer be occupied by anybody but the owner, so if they revoke the rental permit, no one can occupy the property legally. Mr. Neil noted that enforcement would be complaint driven and the complaint would be referred to the police and they are going to be the initial contact because a complaint had been made about noise or something else by a neighbor. He stated that if there are no problems to be found, there is no action that the police or code enforcement are going to have to take. Mr. Neil noted that having these rules and regulations in place basically gives them some teeth to take action when there is a complaint. Mr. Taylor stated that he did not disagree with Mr. Neil but noted that if they are talking about police reform, they do not want the police responding to every single complaint and this would fall well within that. He noted that it sounded civil and they want the police officers to be more proactive and start handing things off and not responding to this. Mr. Taylor expressed his concerns regarding man hour costs. Mr. Hare stated he thought they were missing the point and that this was not about the police. He advised that the police do not even need to be involved. Mr. Hare stated that this is about the proper licensing of properties for proper usage. He noted that the Airbnb, hotel, and bed and breakfast owners in the City say they agree, and they were wondering why some of these properties did not have to meet the requirements that they have to meet.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 10 Mr. Lindell asked why they were adding more enforcement mechanisms on top of the licensing when there were already ordinances that they should be enforcing. Mr. Cole agreed with Mr. Lindell and indicated that he was confused when they talked about Dover being good for business. Responding to Mr. Cole, Mr. Hare stated that they did not disagree but that the Airbnb operators and hotel and bed and breakfast owners in the City do not have a problem with the regulations. He noted that they were asking why some of those properties did not have to meet the same regulations that they do. Mr. Hare stated that these houses of people need to meet one of those three requirements. Responding to Mr. Rocha, Mr. Hare stated that the penalties for violations of $100 for the first offense are if they are operating without a licensing fee. Mr. Rocha asked for an example of the City revoking the license. Mr. Hare stated that if someone wanted to rent as an Airbnb or bed and breakfast, once they meet the requirements, they can get a license. He noted that if that person is not going to do any of that and rent their house, they get a license for $50.00 and do whatever they want. Mr. Hare advised that if someone contacted the owner and asked for the lease for the rental property and they did not have it, then they have a revoked rental license and they have to get one of the other options. Mr. Anderson stated that he had concerns with the ordinance in the beginning, but with the revision made, he supported it. He stated that all they were doing was clarifying the law to make sure that these fit in with the law just like everyone else. Mr. Anderson noted that the revisions that are being made resolved his concerns regarding people's rights to use their property. Mr. Lindell moved to recommend that Mr. Hugg draft the ordinance with the proposed changes from the various groups that he has talked to for an up or down vote at the next Committee meeting, or when he has it drafted and completed. The motion was seconded by Mr. Anderson and unanimously carried. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 9:02 p.m. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairman Anderson presiding. Adoption of the Agenda Mr. Neil moved for approval of the agenda, seconded by Mr. Rocha and unanimously carried. Presentation - Delaware's State University - The Acquisition of Wesley College Dr. Tony Allen, President of Delaware State University (DSU), reviewed the presentation titled, "Delaware's State University - The Acquisition of Wesley College,". Responding to Mr. Taylor, regarding safety, retirees, and vision, Dr. Allen provided the following information:

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 11 • Delaware State University, since spring of 2020 has kept 200 students on campus and about 100 of those students would otherwise be homeless and the remaining from very vulnerable communities. They knew bringing their students would be important, but the only way to do that safely was to have a full testing protocol and overall protocols that they know work as it relates to mandatory mask wearing and social distancing, and even how they learn in the classroom. • They entered a deal with Testing for America, a consultancy full of scientists that built their testing protocol and have raised significant money for them to make sure that they can afford those tests. • They have tested 7,000 times and their positivity rate is less than half a percent. They test their students twice a week and if a student tests positive, they have a residence hall fully dedicated to their isolation and quarantine. Their instruction is a virtual model and even though they are on campus, about 85% of their classes they take in a virtual fashion. • As it relates to Wesley College, they have talked about their plans and he is familiar with some of their protocols, but they do not mirror one another. Some of that has to do with the fact that in this year, by protocol, they have to operate as separate institutions, but he has exposed them to Testing for America. They have reported a couple of cases on campus to date, but they are monitoring that closely and know that folks who are responsible for each of their campuses talk regularly. • To his knowledge the acquisition will not affect the pensioners. On DSU's front, there will be no effect. On the Wesley College front, they have to do a little more due diligence. As they go through the acquisition, those faculty and staff remaining with the new DSU will have full access to the benefits that they normally provide their employees and effectively their retirees. • It is still vision, not yet on paper, but he believes that the Wesley College at Delaware State University could be a theme college, and that theme could be around health and behavioral sciences. Their health and behavioral science is made up of public and allied health, for instance, nursing, social work, psychology, and a lot of translational research as well. Bringing more folks downtown, one, is important, both as it relates to their students, faculty, and staff. • Early College High School could actually find a better home in Downtown Dover. That is about 425 students who are good and across the state, they actually recruit a third from New Castle County, a third from Kent and a third from Sussex. • When they build capacity, they are thinking about downtown as it relates to economic and cultural vitalization. If they can build a corridor where it really is a unique opportunity for more young people to be engaged in downtown activities, more opportunities for experiential learning, across a number of platforms to go on, and things that they want to have happen. Responding to Mr. Lindell, regarding Wesley College's employees, Dr. Allen stated that they are still very early in this process. He noted that Wesley College and DSU's leaders have begun to spend a lot of time together in the last month and actually have an outside consultant helping them think through what the configuration will look like. He stated he could not surmise what the final configuration will look like, but that they think there is a lot of brand equity in the Wesley name. Dr. Allen stated that preserving the name is important to them and they believe that there are a number of very well developed and healthy programs

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 12 that they can take advantage of. He noted that over the last six years, they have basically stayed flat from a faculty perspective, even though they have grown significantly from the student perspective. Dr. Allen stated as they bring on even more students, it is clear that they will need to bring some significant level of faculty and staff to support the new configuration. Responding to Mr. Rocha, Dr. Allen stated that as the merge moves forward, local students graduating from high school will be able to attend with a lower state tuition, which is a unique opportunity. Dr. Allen advised that they have the Inspire Scholarship and they are able to keep their in-state tuition cost’s low with the four- year support from the State that pays for half of the student's tuition if they can start out with a 2.75 GPA and maintain it throughout their time at the university. Responding to Mr. Anderson regarding community, economic and workforce development, Dr. Allen stated that they have been working with many organizations such as the City and NCALL to bring more business downtown. He stated that they opened an entrepreneurship center at Delaware State University. Dr. Allen advised that, on the workforce development front, he had a conversation with Barclays Bank about their technology center at the Sheraton, which is a wholesale facility that can have many certifications for the up-skilling of under-skilled people in and around the City. He noted that their idea was to bring that facility downtown, which would be a significant growth prospect for them. Dr. Allen stated that they already provide about a hundred certifications throughout the university, but their visibility is not what they think it should be. Being able to have a more visible place that is attractive and welcoming to all of the citizens of Dover is something they are very interested in, and they believe they have the tools and the facility. He stated that they just need to make sure that they have the right location. Presentation - Wilmington Hope Commission and Bobby Wilson Due to the absence of Mr. Bobby Wilson, Mr. Anderson requested that this item be deferred to the next Parks, Recreation, and Community Enhancement meeting. (This presentation was deferred by Committee on July 14, 2020.) Mr. Hare moved to defer this item to the next Parks, Recreation, and Community Enhancement meeting scheduled for October 13, 2020. The motion was seconded by Mr. Sudler and unanimously carried. Presentation - Vines Community Project Reverend Carol Harris, Vines Community Project, reviewed the background information of the Vines Community Project and noted the following information: • In 2017, the Vines Community Project was brought together with herself and the Delaware National Guard because in 2016 the National Guard realized the number of addictions and substance use had increased, specifically in the State of Delaware. The Epic Vision of the Vines Community Project states "Education and prevention for individuals and communities." • Their very first initiative was to teach Dover citizens how to dispose of medication. They distributed Deterra bags throughout the City. Deterra bags melt the medication into a bag and deactivate whatever medication there is. After the Deterra bags, they began several Narcan training and distribution into the communities and into the hands of their citizens.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 13 • They wanted to target their young people and seniors. They wanted to empower their seniors because they did a survey of seniors that frequent the Modern Maturity Center and other senior centers and were finding medication missing. They were getting Deterra bags into the hands of seniors and helping them have the power to report things, especially if they have healthcare workers in their homes, or strangers in and out the homes. They were trying to teach them how to secure their medication, particularly any narcotic prescriptions that they had. They started the plan to secure the young people, and that has taken the crux of their attention in the last year and a half. • The Vines Community Program began their Purple Ambassador Program that allowed them partner with the early college high school and Delaware State University. With the high schoolers, they empowered them to know the warning signs amongst their friends or people that were using. They could notice behavioral signs, see things that were diminishing amongst their friends, know the signs of addiction and/or use, and that would empower them on how they report, how they get help. They had to reduce the stigma that was attached to what their students called "ratting." • Delaware State University social work students became mentors to their high school ambassadors and counseling and empowerment groups were formed. The students made purple commitments, which meant that if they had parties, they had to be purple (clean) parties and if there was any ambassador amongst them, that ambassador would have the tools and would know what to do if there was somebody that was high or in danger and they would know how to report. • They used two different curriculums; Dr. Gilbert Botvin's Life Skills Training and the Prime for Life curriculum. They found that their middle schoolers were the most compromised amongst their student population. In turn they developed mentorship so that their high schoolers would then become mentors to their middle schoolers, and then COVID hit. They have not yet been able to make that connection. They are working on how they can do that virtually, because they do want to begin to empower their middle schoolers, and eventually, elementary schoolers. • They have maintained partnership with the Dover Police Department and its Angel program and have been active with Help is Here Delaware and they are partners with North Node. Responding to Mr. Taylor, Rev. Harris stated that, initially, they did all the work that they needed to do out of pocket through the Coalition membership or the donations of their citizens through their time and financial donations. She noted that this year was the first year that they have received some grant funding and they have received some funds from the City to help. Rev. Harris stated that going forward they just need manpower and mentorship. She noted that they needed people talking about the cause and staying educated and informed with the numbers. Mr. Taylor stated that this should be labeled as a healthcare issue and not a criminal justice crisis. He noted that he would direct some of his discretionary funds to the Vines Community Project. Responding to Mr. Sudler, Rev. Harris stated that because of COVID, a lot of AA meetings have been shut down and, although a lot of places are trying to have virtual meetings, when someone is in the cycle of addiction, those personal, one-on-one meetings are so very meaningful for people to get eyes on you. Rev. Harris provided her email address, carol_harris@bayhealth.org, and Vines Community Project email, vinescommunityproject@gmail.com.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 14 Library Reopening Plan Mr. Brian Sylvester, Library Director, reviewed the background and analysis regarding the library reopening plan. Staff recommended opening a temporary computer lab beginning September 28th with a partial capacity re-opening on October 26th. If the Committee is in agreement, the Committee should direct staff to proceed and revisit the reopening plan October 20th. Responding to Mr. Rocha, Mr. Sylvester stated that the number of people they would allow in the room would depend slightly on the number of computers that they are able to set up in that space. If they combine both of the two meeting rooms, there is a receiving wall in the middle. Mr. Sylvester stated there are only 10 support drops, so if they can run multiple computers off of a single network drop, there is space to fit 12 to 15 computers with social distancing. He noted that if they are limited by the number of network drops and can only run one computer off of each of them, then they would only offer nine because they would need one of those network drops for a printer. Mr. Cole expressed his concerns with the opening. He stated that he would like to see the library keep offering some type of services, whether it be the passport or book pickup. Mr. Cole stated that he would like to see a structured plan that meets the Centers for Disease Control and Prevention (CDC) and Delaware of Public Health (DPH) guidelines. He noted that there are some school districts doing a hybrid version, but as far as opening the library, they need to really look at some very structured types of policies. Mr. Sylvester stated that the Delaware Division of Libraries has put out statewide guidelines for reopening libraries, which does touch on some of those specifics, but they do not contain any very, very concrete detail. He noted that they are trying to offer guidance that applies to very large libraries and very small libraries, so it is almost a one size fits all approach. Mr. Sylvester stated that they can certainly use that as a stepping off point for a more detailed plan if that is the direction the Council would like to take. Responding to Mr. Anderson, Mr. Sylvester stated that the County Library intended to reopen Monday of that week, but that plan actually got delayed until early October. He stated that he did not know the exact date, but that was due to the number of staff vacancies that they currently have. They did not feel that they could safely operate the facility the way they needed to with social distancing and the other types of restrictions that are in place, so it seems that they will not be opening that library until, at the minimum, they have filled two or three of those positions. Mr. Sudler stated that the better safety measure would be to open up around phase three. Responding to Mr. Lindell, Mr. Sylvester stated that the Delaware Division of Libraries (DDL) does not have a recommended date for reopening written in their guideline. He stated that verbally they have been told that they believe libraries should reopen when the Governor moves them into phase three. As to whether or not that would be a full reopening or opening at 60%, they have not really weighed in on that at least in writing. Mr. Lindell stated that he would not vote to reopen the library until they are actually in Council Chambers in person.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 15 Mr. Anderson stated that with this particular plan, people are being crushed economically and socially by not being able to have access because of the digital divide. He stated that the more they delay, the more they are harming people, when everything else is open, even senior centers, athletic fields, recreation departments, and schools going hybrid. Mr. Anderson stated that there is no reason that a 50,000 square foot type library cannot open two rooms for a dozen people. Mr. Taylor stated that he agreed with Mr. Anderson, but that his concern was that they open at this particular point and they go back to where they were before COVID-19. He stated that he did not want a situation where people cannot go into the library and be comfortable to sit down at the computer because their homeless population was using it again as a rest area. Mr. Taylor stated that if Mr. Sylvester was able to assure him that was not going to happen, then he had his vote wholeheartedly, but if he was not able to provide him with enough information that relieves that concern, he did not support the reopening right now. Responding to Mr. Taylor, Mr. Sylvester stated that a number of the renovations were made to the facility specifically to address security concerns. He advised that he was hoping to resume their relationship with Sunstate Security and would like for them to be on site when they offer the computer lab to provide the necessary security to ensure that they are offering a safe space, not just in COVID terms, but also in terms of public safety. Mr. Sylvester noted that they have made changes to the layout, removed furniture, sightlines, and all of these steps were taken specifically with the goal of improving safety. He advised that if there were more changes that Council would like them to make, he would be more than happy to bring people into the building to see what they have done and give them recommendations for further steps. Mr. Sylvester stated that they have their Acceptable Behavior Policy, which are the rules and guidelines for being in the facility. He noted that he was presenting some recommended policy changes to the Library Advisory Commission. Mr. Hare stated that if they decide to open the computer rooms, it should be by appointment. He also advised that they should ensure that someone that is going to be sanitizing the computer after each use. Mr. Neil noted that the library was still providing activity packets for parents to pick up for their young kids and curbside book services. He stated that as long as there is COVID, people coming into the library becomes a problem. Mr. Lindell stated that they need to be prepared and that they need to continue with those preparations so that when they hit phase three, they can hit the ground running. Mr. Sylvester advised that there are cleaning protocols in place and that he could create and provide documentation that describes that in more detail. He stated that their custodial work is by contract with Atlantic. Mr. Cole stated that everybody has made some good points, but overall, they are all in the same boat, they want to see this move forward if things can be opened in a structured, safe manner. Mr. Cole asked if they could revisit this and if Mr. Sylvester could provide them with that information. Mr. Cole moved to recommend not moving forward until there is a clear vision of guidelines and protocols in place, seconded by Mr. Lindell and unanimously carried.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 16 Police Athletic League (P.A.L.) Update Mrs. Donna Mitchell, City Manager, provided an update regarding the Police Athletic League (P.A.L.). Mrs. Mitchell stated that they could probably operate the P.A.L. Program out of the Pear Street Warehouse once they move the inventory to the electric department. She noted that the P.A.L. Program would be a good use for that facility because it would make a good gymnasium or could possibly be outfitted in a recreation center kind of way for the at-risk community that is close by. Mrs. Mitchell advised that the concept of moving that electric inventory to the power plant would occur during the decommissioning. She stated that the issue is that it is longer down the road than what they originally thought with the clean-up program. They are going to have to go through Delaware Department of Natural Resources and Environment Control (DNREC) to make sure they do not have any environmental issues and all those things must be taken care of. Mrs. Mitchell advised that it is not going to be something that they could do probably in the next year and there will also be some facility improvements that will need to be made to convert that warehouse space for a good space for the P.A.L. Program. Mr. Hare moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting. The motion was seconded by Mr. Hare and unanimously carried. Meeting adjourned at 10:31 p.m. Mr. Cole moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Neil and unanimously carried. Meeting adjourned at 10:31 p.m. William F. Hare Council President WFH/TM/jt Attachments Attachment #1 - Presentation titled "Wireless Communications Facilities - Update on Development of Provisions and Ordinances” Attachment #2 - Dover Human Relations Commission Intake Forms (Approved and Proposed)

ATTACHMENT #1 Council Committee of the Whole Meeting of September 15, 2020 WIRELESS COMMUNICATIONS FACILITIES UPDATE ON DEVELOPMENT OF PROVISIONS AND ORDINANCES SEPTEMBER 15, 2020 – COUNCIL OF COMMITTEE OF WHOLE: UTILITY COMMITTEE MEETING

PURPOSE  To establish uniform standards for the siting, design, permitting, installation, maintenance and use of Wireless Communication Facilities in the City of Dover.

TASKS UPDATE  Updates to CCOW-Utility Committee on February 11, 2020 and July 14, 2020; directed Staff to continue work  Topic continues to be worked on by Staff of City Manager’s Office, Electric Department, Planning Office, and Department of Public Works  City continues to utilize Cohen Law Group as subject matter/legal resource  City Manager’s Office (Assistant City Manager) serves as leader in coordination among City Departments, law firm, and industry representative inquiries  Preliminary Comments and Process Questions from industry representatives  Planning Office continued work on refinement of a WCF Ordinance  Planning Office & Electric Department worked on refinement of SWCF Design Manual  Electric Department & City Manager’s Office working on Master Licensing Agreements for pole attachments and licensing (on City owned poles and rights-of-way)

WIRELESS COMMUNICATIONS FACILITIES Small Wireless Communications Facility Non-Tower WCF Tower Based WCF

EXHIBIT A: DRAFT OF WCF ORDINANCE (WCF ORDINANCE VERSION 2 – PLANNING 9-9-2020)  Development of Ordinance for adoption of regulations into Dover Code of Ordinances by creating new section Zoning Ordinance, Article 5 Section 23 – Wireless Communications Facilities  Purpose  Definitions  Applicability  Type of Activity Determination:  Eligible Facilities Request  Substantial Change Activity  New Facility  Small WCF

EXHIBIT A: DRAFT OF WCF ORDINANCE (WCF ORDINANCE VERSION 2 – PLANNING 9-9-2020)  Application Procedures: Location within Public Right-of-way, Eligible Facilities Request, Substantial Change Activity, New Facilities, New Small WCF  WCF Permit  Conditional Use Application (New Tower-Based WCF)  Regulations & Standards by Facility Type  Location  Development (Sizing, Height, Uses on Property, Placement, Setbacks, Accessory Equipment & Buildings, Fencing, Access, Lighting,)  Design Standards (Design Manual for SWCF, Visual Appearance)  General Requirements

EXHIBIT A: DRAFT OF WCF ORDINANCE (WCF ORDINANCE VERSION 2 – PLANNING 9-9-2020)  Establishment of Fees for Wireless Communication Facility Activities:  Fee Structure for permits, applications, and annual fees  Existing fees  Pole Attachment Fees and Activities  Conditional Use Permit Applications  Certain application fees are capped by Federal regulations.  Fee Structure to become part of Dover Code of Ordinances, Appendix F – Fee and Fines

EXHIBIT A: DRAFT OF WCF ORDINANCE (WCF ORDINANCE VERSION 2 – PLANNING 9-9-2020)  Other Amendments to Zoning Ordinance and Dover Code of Ordinances  Uses in IPM3 Zone  Clarification of WCF versus Public Utility Infrastructure  Placement in Rights-of-way  Establish Use of Rights-of-way Permit & Annual Fee

EXHIBIT B: PRELIMINARY DRAFT #2 CITY OF DOVER SMALL WCF DESIGN MANUAL (SWCF DESIGN MANUAL MARKUP 9-9-2020)  Development of a Small Wireless Communication Facility Design Manual  Definitions  General Standards  Antenna and Accessory Equipment Standards  Pole Standards  Review and Approval  Approval Timing

NEXT STEPS  Continuing Ordinance Refinement Work:  Coordination between WCF Ordinance & SWCF Design Manual  Determine Fees for Permit/Application Types  Continuing SWCF Design Manual Refinement Work  Coordination between WCF Ordinance & SWCF Design Manual  Final editing & formatting of Ordinance and Documents  Legal Review by City Solicitor and Special Legal Counsel

NEXT STEPS  Continued development and refinement of agreements and licensing associated with attachment on City owned poles and access to City right-of-way  Establish Application Review Processing Procedures  Development of Application Checklist and associated Permit Forms  Process of Intake and Review among Departments  Recommended Timeline for Formal Review of Ordinance  Introduction of Proposed Ordinance at CCOW – September 15, 2020  First Reading at City Council – September 28, 2020  Public Hearing & Recommendation by Planning Commission – October 19, 2020  Public Hearing, Final Reading & Adoption of Ordinance by City Council – November 9, 2020

QUESTIONS & COMMENTS 14 Port t.nlster Anteon.a I SG Antenna I WIRELESS COMMUNICATIONS FACILITIES

ATTACHMENT #2 Council Committee of the Whole Meeting of September 15, 2020 A. Intake Form Front Page THE CITY OF DOVER HUMAN RELATIONS COMMISSION INTAKE FORM Name of person or organization filing: (last name, first name, middle Home Phone: Business Phone: Fax: initial)  Mr.  Miss  Mrs.  Ms. ( ) ( ) ( ) Street Address: City: County: State: Zip Code: Identify the contact person that the Commission should notify: List the name, address and telephone number of any person or organization that you believe should be invited to appear before the Commission to help resolve your concern: Summarize what has or will occur that has given rise to your concern. Use this space for a brief and concise statement of facts (who, what, where, when, why, how). Additional details may be submitted on an attachment. What relief or action is being requested? Completion of the following questions is OPTIONAL: Ethnicity:  Black  White  Hispanic  Asian  Native American  Other: ________________________ Sex:  Male  Female Age: _______________ Nation of Origin: ___________________________ NOTICE: ALL DOCUMENTS AND TESTIMONY PRESENTED TO THE HUMAN RELATIONS COMMISSION ARE AVAILABLE TO THE PUBLIC AND THE PRESS. Signature: Date: This form was delivered to: ___________________________________(person) on ______________________________(date), located at ______________________________________________________________________________________(address). This form was mailed to: _____________________________________(person) on ______________________________(date), located at ______________________________________________________________________________________(address).

A. Intake Form - Back of Page THE CITY OF DOVER HUMAN RELATIONS COMMISSION RECORD OF ACTION Case No. _______________________ CITY CLERK ACTION: 1. On ______________________ (date), the INTAKE FORM was received by the City Clerk’s Office. 2. On ______________________ (date), the concerns expressed in the INTAKE FORM were placed on the New Business section of the Agenda for the Commission meeting to be held. 3. On ______________________ (date), a copy of the INTAKE FORM was mailed to members of the Commission along with the Agenda for the Commission meeting. 4. On ______________________ (date), notice of the date, time and location of the Commission meeting at which the concern(s) expressed in the INTAKE FORM will be considered by the Commission was mailed to the following: a.) the party(ies) filing the INTAKE FORM; b.) the interested party(ies) identified in the INTAKE FORM; and c.) the person(s) or entity(ies) who caused the concern(s) to be raised. 5. On ______________________ (date), notice of the Commission’s final action was sent to the person(s) filing the INTAKE FORM and the other party(ies) listed on the INTAKE FORM. COMMISSION ACTION: 1. On ______________________ (date), the Commission decided it did/did not have jurisdiction over the matters set forth in the INTAKE FORM. 2. On ______________________ (date), the Commission considered the matters set forth in the INTAKE FORM. 3. On ______________________ (date), the Commission took the following action: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________

CITY OF DOVER HUMAN RELATIONS COMMISSION PUBLIC ACCOMMODATIONS DISCRIMINATION INTAKE FORM INSTRUCTIONS This packet contains the form you will need to complete to begin the process of filing a discrimination complaint with our office. You can also download and print this form from our website: https://www.cityofdover.com/dhrc. The form asks for some of the basic information that we need to decide whether or not we can investigate your public accommodations-related problem. If you have difficulty understanding these instructions or have questions, our staff can assist you. The Public Accommodations Discrimination Intake Form asks questions about why you believe you were treated unfairly and how you believe this treatment was against the law. In the City of Dover, the law protects individuals against unfair treatment in public accommodations on the basis of:  Ancestry  Marital Status  Color  National Origin  Disability  Race  Domestic and Sexual Violence  Religion  Ethnicity  Retaliation for Prior Discrimination Complaint  Familial Status  Sex (including breastfeeding)  Gender Identity  Sexual Orientation The DHRC Cannot Investigate Public Accommodations Complaints Based on General Mistreatment There are many reasons people are treated unfairly, and several of these reasons may not be against the law. The DHRC can only investigate public accommodations complaints based on illegal mistreatment relating to the factors identified above. By law, we cannot handle general public accommodations-related concerns based on any other factors. In addition, your complaint should relate to mistreatment that affected you personally. You cannot file a complaint about the treatment of someone else unless you have the legal right to represent that person (e.g., because you are the person’s parent or guardian). Evidence Is Required To Support Your Discrimination Complaint In addition to the statements you make about why you believe you were mistreated, the DHRC will need information from other people and from documents to investigate your complaint. The Public accommodations Discrimination Intake Form includes questions about the people and documents that might help prove that any mistreatment you experienced was against the law. To be most useful to your complaint, the people you identify generally should have direct knowledge (have learned through their own senses) of how you were treated and/or some information about how your treatment compared to that of other people. The most helpful documents will be ones written around the time that you believe you were mistreated. Complete the attached form only if you believe you have been discriminated against because of one of the bases listed above. Please take the time to answer all questions completely and accurately. Once you have completed the form, please submit the form in person or by mail to our office: City of Dover Human Relations City Hall 15 Loockerman Plaza Dover, DE 19903 Phone: 302-736-7008 Fax:302-736-5068 Once we have received your completed form, our intake staff will meet with you about filing a complaint. Completing the enclosed form does not mean you have filed a discrimination complaint. A DHRC staff person will review your form and meet with you to decide if we can assist you. Preparing and filing a discrimination complaint is a complex matter. Please plan for the process to take at least 2 hours. Page 1 of 5

SPECIAL INSTRUCTIONS IF THE DISCRIMINATION WAS 9 OR MORE MONTHS AGO: The City of Dover Human Relations Commission can only investigate discrimination that occurred within the past 300 days. If your complaint involves events that occurred more than 9 months ago, please contact our office immediately. If you fail to complete all of the steps for filing a complaint within the legal time period, our staff will not be able to investigate your complaint. Page 2 of 5

CITY OF DOVER HUMAN RELATIONS COMMISSION PUBLIC ACCOMMODATIONS DISCRIMINATION INTAKE FORM 1. Please provide your personal information. First Name Last Name Street Address (Include Apartment or Unit #) City State Zip Code Email Address (if available) I Home Phone Work Phone Cell Phone Date of Birth 2. Are you filing this compliant for someone else? a. If yes, who do you believe was discriminated against? • Yes • No First Name Last Name Relationship To You 3. What organization (e.g., store, restaurant, City government agency) do you believe has discriminated? Organization Street Address City State Zip Phone Owner Name Phone 4. What is the reason (basis) for your discrimination complaint? FOR EXAMPLE: If you feel you were treated worse than someone else because of race, you should check the box next to Race. If you feel you were treated worse for several reasons, such as your sex, religion and national origin, you should check all that apply.  Ancestry  Marital Status  Color (e.g., difference in skin shade within same race)  National Origin  Disability  Race  Domestic and Sexual Violence  Religion  Ethnicity  Retaliation for Prior Discrimination Complaint  Familial Status  Sex (including breastfeeding)  Gender Identity  Sexual Orientation  Other (explain): 5. For each category above, please state how you identify yourself. For example, if you checked sex, please indicate whether you are male or female. 6. What happened to you that you believe was discriminatory? Please attach additional pages if needed. Date Action (Ex. I was denied service) Name/Title of Person(s) Responsible Page 3 of 5

7. Why do you believe these actions were discriminatory? Please attach additional pages if needed. 8. What reason(s) were you given for the acts you consider discriminatory? By whom? His or her job title? 9. Why do you believe the reason(s) given to you are false? 10. Describe who was in the same or similar situation as you and how they were treated. For example, who else requested service from the establishment? Provide the basis identified in Question 5 of these individuals, if known, and if it relates to your claim of discrimination. For example, if your complaint alleges race discrimination, provide the race of each person; if it alleges sex discrimination, provide the sex of each person; and so on. Use additional sheets if needed. a. Of the persons in the same or similar situation as you, who was treated better than you? Full Name Basis Description of Treatment b. Of the persons in the same or similar situation as you, who was treated worse than you? Full Name Basis Description of Treatment c. Of the persons in the same or similar situation as you, who was treated as same as you? Full Name Basis Description of Treatment Answer Questions 11-13 only if you are claiming discrimination based on disability. If not, skip to Questions 14-20. Please state if you have more than one disability. Please add additional pages if needed. Please check all that apply: • Yes, I have a disability • I do not have a disability, but the organization treats me as if I am disabled I do not have a disability now, but I did have one • 11. What is the disability that you believe is the reason for the adverse action taken against you? Does this disability prevent or limit you from doing anything (e.g., lifting, sleeping, breathing, walking, caring for yourself, working, etc.)? If so, how does this disability affect you? Page 4 of 5

12. Do you use medications, medical equipment or anything else to lessen or eliminate the symptoms of your disability? • Yes • No a. If yes, what medication, medical equipment or other assistance do you use? 13. Did you ask the organization for any changes or assistance to the establishment because of your disability? • • Yes No a. If yes, please state when you asked, how you asked, who you asked, what changes or assistance you requested and how the organization responded to your request. Date Verbal or Written Name/Title of Person(s) Asked Changes or Assistance Organization Response Request? Requested 14. Are there any witnesses to the alleged discriminatory incidents? • Yes • No a. If yes, please identify them below and describe what they will say. (Please attach additional pages if needed.) Full Name Address & Phone Number What This Person Will Say 15. Are there any documents about the alleged discriminatory incidents? • Yes • No a. If yes, please identify them below and indicate from whom we might obtain them. Document Source of Document 16. Have you filed a complaint on this matter with the City of Dover Human Relations Commission or another agency? • Yes • No If yes, please indicate the agency and date of filing: Agency Date of Complaint(s) • Dover Human Relations Commission I J Other (explain): Page 5 of 5

17. Have you sought help about this situation from an attorney, or any other source? Yes • No a. If yes, please provide the name of the organization, the name of person you spoke with, the date of contact, and • results, if any. Organization Person You Spoke With Date of Contact Results 18. If we cannot reach you directly, is there someone we can contact to help us reach you? First Name Last Name Street Address (Include Apartment or Unit #) City State Zip Code Email Address (if available) I Home Phone Other Phone Relationship to You I 19. Please check one of the boxes below to tell us what you would like us to do with the information you are providing on this questionnaire. If you would like to file a discrimination complaint, you must do so within 300 days from the day you knew about the discrimination. If you do not file a complaint within the time limits, you will lose your rights. If you would like more information before filing a complaint or you have concerns about DHRC’s notifying the organization about your complaint, you may wish to check Box 1. If you want to file a complaint, check Box 2. 1-• BOX 1 I want to talk to a DHRC employee before deciding whether to file a complaint. I understand that by checking this box, I have not filed a complaint with the DHRC. I also understand that I could lose my rights if I do not file a complaint in time. -• BOX 2_ I want to file a complaint of discrimination, and I authorize the DHRC to look into the discrimination I described above. I understand that the DHRC must give the organization that I accuse of discrimination information about the complaint, including my name. I also understand that the DHRC can only accept complaints of public accommodations discrimination based on ancestry, color, disability, domestic and sexual violence, ethnicity, familial status, gender identity, marital status, national origin, race, religion, retaliation for prior discrimination complaint, sex or sexual orientation. 20. If you checked Box 2 above, what would you like to have happen in response to your complaint? (Ex. use of the establishment, receipt of service requested, guarantee of no future discrimination) I declare under penalty of perjury that all of the information that I have provided on this form is true, correct, and complete to the best of my knowledge. I acknowledge that false statements on this form are punishable under state law, 11 DE. C 1953. § 1233 (unsworn falsification to authorities).? Signature Today’s Date Page 6 of 5

Nicholas H. Rodriguez Law Offices Harold Schmittinger Douglas B. Catts (1928 – 2008) William D. Fletcher, Jr. Schmittinger and Rodriguez, P.A. John J. Schmittinger (1941 – 2011) Craig T. Eliassen Crystal L. Carey* 414 South State Street Scott E. Chambers** Post Office Box 497 Rehoboth Beach Office Walt F. Schmittinger Dover, Delaware 19901 Wells Fargo Bank Building B. Brian Brittingham*** 18489 Coastal Hwy, 2nd Flr Gary E. Junge**** Telephone (302) 674-0140 Rehoboth Beach, DE 19971 Dianna E. Louder Fax (302) 674-1830 Telephone (302) 227-1400 Bonnie S. Gladu Fax (302) 645-1843 Candace E. Holmes Middletown Office *Also admitted in Maryland **Also admitted in Maryland, D.C., and North Dakota 651 N. Broad St., Suite 203 ***Also admitted in New York **** Also admitted in Pennsylvania Middletown, DE 19709 Telephone (302) 378-1697 Fax (302) 378-1659 MEMO TO: Council President Hare and Members of Council of the City of Dover FROM: Nicholas H. Rodriguez, Esquire City Solicitor DATE: September 23, 2020 At the September 15, 2020 meeting of Council Committee of the Whole, the following motion was passed: “Mr. Anderson moved to recommend restoration of the Intake Form (Attachment No. 2) allowing the Commission [City of Dover Human Relations Commission] to participate in non-binding mediation, and encouraging participation in community action. Additionally, allowing the recommendations to be reviewed by the City Solicitor’s office before the Council meeting, and that the item not be on the consent agenda when it is considered by City Council.” This matter was sent to me from the City Clerk’s office dated September 22, 2020. It was a very detailed submittal, which I appreciated, making my response in this short period of time much easier. This is an issue that requires a considerable amount of research and study, and I am sure that Council will do this prior to taking any final action. HISTORY OF HUMAN RELATIONS COMMISSION The Commission was formed by ordinance passed in 1981 and is codified in Chapter 58 of the Dover Code. The purpose of the creation of the Commission was to

effectively help the City meet the following needs: develop an environment of fairness and respect among its citizens; develop ways to measure and monitor community relations; be involved in understanding and appreciating the benefits of positive intergroup relations; offer a range of programs and services that would help the residents and neighborhoods to prevent and resolve issues of human relations; anticipate and prepare for relief of community tensions arising from intergroup conflict. (Sec. 58-31) It is important to note that the Commission was created as “an advisory commission”. (Sec. 58-32) The jurisdictional limitation of the authority of the Commission is stated in Sec. 58- 33(e) which reads as follows: “(e) Functions limited. The Commission shall not involve itself in activities or functions already assigned by law or decree to other governmental bodies.” The powers and duties assigned to the Commission are stated in detail at Sec. 58-36 and subsection 1 states: “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.” Regarding complaints, the ordinance states that the Commission is to “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.” PAST HISTORY OF THE COMMISSION HEARING INDIVIDUAL COMPLAINTS OF DISCRIMINATION To the best of my knowledge and memory, the Commission has never heard a specific individual complaint of discrimination. Several complaints have been presented to the Commission over the years, but they were rejected because of the previously cited provision in the ordinance that the Commission should not involve itself in activities or functions falling within the jurisdiction of other governmental bodies. As I recall, these cases were cases where criminal prosecution had been commenced or was anticipated; cases within the jurisdiction of the State Human Relations Commission; cases within the jurisdiction of the City of Dover Police Department; etc. 2

PROPOSED PUBLIC ACCOMMODATIONS DISCRIMINATION INTAKE FORM If I am understanding the present intent of Council, a Dover resident would fill out the Intake Form, alleging that he or she was discriminated against for some reason by a Dover restaurant. This would be brought to the attention of the restaurant owner and non-binding mediation would be recommended to resolve the problem. If agreeable with the restaurant owner and the person filing the complaint, the Commission would then hold a non-binding confidential mediation hearing with the parties involved and try to work out an amicable solution. Hopefully, this procedure would resolve a potentially delicate situation and no further action would be required. In the event that non-binding mediation failed to resolve the issues, then the complaining party would be left up to his or her right to take further action which could be litigation; complaint to the Attorney General of the State of Delaware; complaint to the State Human Relations Commission, etc. I think this is a very admirable procedure. I believe that the Intake Form needs further study and revision, but generally, it appears to be satisfactory to me. STATE HUMAN RELATIONS COMMISSION Although this is not responsive to your request, I want to point out that legislation involving the State Human Relations Commission was pretty dramatically revised by the General Assembly and signed into law by the Governor on September 14, 2017, which is 31 Del. C. §3001 et seq. The Commission is given broader power and duties, and in particular, can be assigned cases arising under the Delaware Equal Accommodations Act (6 Del. C. §4500 et seq.) and the Delaware Fair Housing Act (6 Del. C. §4600 et seq.). Both of these Acts are extremely broad and all-inclusive. However, our plan of non-binding mediation, in my opinion, would not be in conflict with this legislation. NHR: sdc 3

FIRST READING CITY OF DOVER ORDINANCE #2020-13 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 5 – Supplementary Regulations of the Dover Code, be 5 amended by inserting a new Section 23 – Wireless Communications Facilities, as follows: 6 7 Section 23. Wireless Communications Facilities 8 9 23.1 Purpose and intent. The purpose of this section is to establish uniform standards for the siting, 10 design, permitting, construction, maintenance, and use of wireless communications facilities 11 (WCF) in the City of Dover (referred to herein as the “City”). While the City recognizes the 12 importance of wireless communications facilities in providing high quality communications 13 service to its residents, the City also recognizes that it has an obligation to protect public safety 14 and to minimize the adverse effects of such facilities through the standards set forth in the 15 following provisions and as referenced. 16 17 23.11 By enacting these provisions, the City intends to: 18 19 (a) Promote the deployment of wireless communications facilities in the City while 20 regulating their location and number to ensure the provision of necessary services; 21 22 (b) Provide for the managed development of wireless communications facilities in a 23 manner that enhances the benefits of wireless communication and accommodates the 24 needs of both City residents and wireless carriers in accordance with federal and state 25 laws and regulations; 26 27 (c) Address new wireless technologies, including but not limited to, distributed antenna 28 systems, data collection units, small cells, cable Wi-Fi and other wireless 29 communications facilities; 30 31 (d) Establish procedures for the design, siting, construction, installation, maintenance and 32 removal of small wireless communications facilities, non-tower based wireless 33 communications facilities, and tower-based wireless communications facilities, in the 34 City, including facilities both inside and outside the public rights-of-way; 35 36 (e) Preserve the character of the City’s neighborhoods and corridors; 37 38 (f) Minimize the adverse visual effects and the number of such facilities through proper 39 design, siting, screening, material, color and finish and by requiring that competing 40 providers of wireless communications services collocate their commercial 41 communications antennas and related facilities on existing wireless support structures 42 where feasible; 43 44 (g) Promote the health, safety and welfare of the City's residents. 45

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 2 46 23.2 Definitions. 47 48 Accessory Equipment. Any equipment serving or being used in conjunction with a wireless 49 communications facility or wireless support structure. The term “Accessory Equipment” 50 includes but is not limited to utility or transmission equipment, power supplies, generators, 51 batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar 52 structures. 53 54 Antenna. An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to 55 be operated or operating from a fixed location pursuant to Federal Communications 56 Commission authorization, for the provision of wireless service and any commingled 57 information services. 58 59 Changes in height. Changes in height is measured from the original wireless support structure 60 in cases where deployments are or will be separated horizontally, such as on buildings' 61 rooftops; in other circumstances, changes in height should be measured from the dimensions 62 of the tower or base station, inclusive of originally approved appurtenances and any 63 modifications that were approved prior to the passage of the Spectrum Act (47 CFR 64 §1.4001(b)(7)(i)(A)). 65 66 Collocation. The mounting of one or more WCFs, including antennae, on a pre-existing 67 structure, or modifying a structure for the purpose of mounting or installing a WCF on that 68 structure. 69 70 Eligible Facilities Request. Any request for modification of an existing WCF that does not 71 constitute a substantial change. Such request may involve: (i) collocation of new transmission 72 equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission 73 equipment. 74 75 Emergency. A condition that (1) constitutes a clear and immediate danger to the health, 76 welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the rights-of- 77 way to be unusable and result in loss of the services provided. 78 79 Equipment Compound. An area surrounding or adjacent to a wireless support structure within 80 which base stations, power supplies, or accessory equipment are located. 81 82 FCC. Federal Communications Commission. 83 84 Height of a Tower-Based WCF. The vertical distance measured from the ground level, 85 including any base pad, to the highest point on a tower-based WCF, including antennae 86 mounted on the tower and any other appurtenances. 87 88 Modification or Modify. The improvement, upgrade or expansion of existing wireless 89 communications facilities or base stations on an existing wireless support structure or the 90 improvement, upgrade, or expansion of the wireless communications facilities located within 91 an existing equipment compound, if the improvement, upgrade, expansion or replacement does 92 not substantially change the physical dimensions of the wireless support structure. 93

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 3 94 Non-Tower Wireless Communications Facility (Non-Tower WCF). A wireless 95 communications facility located or collocated on existing structures, such as, but not limited 96 to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic 97 signal poles, flag poles and other similar structures that do not require the installation of a new 98 tower. This term includes the replacement of an existing structure with a similar structure that 99 is required to support the weight of the proposed WCF. This definition excludes any 100 installation constituting a Small Wireless Communications Facility. 101 102 Person. Individuals, corporations, companies, associations, joint stock companies, firms, 103 partnerships, limited liability companies, corporations and other entities established pursuant 104 to statutes of the State of Delaware, provided that “Person” does not include or apply to the 105 City, or to any department or agency of the City. 106 107 Replacement. The replacement of existing wireless communications facilities on an existing 108 wireless support structure or within an existing equipment compound due to maintenance, 109 repair or technological advancement with equipment that does not result in increased wind or 110 structural loading, is substantially similar in size and weight as the wireless communications 111 facilities initially installed, and that does not substantially change the physical dimensions of 112 the existing wireless support structure. 113 114 Small Wireless Communications Facility (Small WCF). A wireless communications facility 115 that meets the following criteria: 116 (1) The structure on which antenna facilities are mounted 117 a) is 50 feet or less in height, or 118 b) is no more than 10 percent taller than other adjacent structures, or 119 c) is not extended to a height of more than 50 feet or by more than 10 percent above 120 its preexisting height as a result of the collocation of new antenna facilities; and 121 (2) Each antenna associated with the deployment (excluding the associated equipment) is 122 no more than three cubic feet in volume; and 123 (3) All antenna equipment associated with the facility (excluding antennas) are 124 cumulatively no more than 28 cubic feet in volume; and 125 (4) The facilities do not require antenna structure registration under 47 CFR Part 17; and 126 (5) The facilities are not located on Tribal lands, as defined under 36 CFR §800.16(x); 127 and 128 (6) The facilities do not result in human exposure to radiofrequency radiation in excess of 129 the applicable safety standards specified in 47 CFR §1.1307(b). 130 131 Stealth Technology. Camouflaging or screening methods applied to wireless communications 132 facilities and accessory equipment which render them more visually appealing or blend the 133 proposed facility into the existing structure or visual backdrop in a manner appropriate to the 134 site’s context and surrounding environment. Such methods include, but are not limited to, 135 architecturally screened roof-mounted antennae, building-mounted antennae painted to match 136 the existing structure and facilities constructed to resemble trees, shrubs, and light poles. 137 138 Substantial Change. A modification to an existing WCF substantially changes the physical 139 dimensions of a wireless support structure if it meets any of the criteria set forth in 47 CFR 140 §1.6100, as amended. 141

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 4 142 143 Tower-Based Wireless Communications Facility (Tower-Based WCF). Any structure that is 144 used for the primary purpose of supporting one or more antennae, including, but not limited 145 to, self-supporting lattice towers, guy towers and monopoles. This definition excludes any 146 installation meeting the definition of a Small Wireless Communications Facility. 147 148 Wireless. Transmissions through the airwaves including, but not limited to, infrared line of 149 sight, cellular, PCS, microwave, satellite, or radio signals. 150 151 Wireless Communications Facility (WCF). An antenna facility or a wireless support structure 152 that is used for the provision of wireless service, whether such service is provided on a stand- 153 alone basis or commingled with other wireless communications services. 154 155 Wireless Communications Facility Applicant (WCF Applicant). Any person that applies for a 156 wireless communications facility building permit, zoning/conditional use approval, and/or 157 permission to use the public right-of-way or other City owned land or property. 158 159 Wireless Support Structure. A freestanding structure, pole, tower, or other building, whether 160 or not it has an existing antenna facility, that is used or to be used to support the placement or 161 installation of a wireless communication facility for the provision of wireless service 162 (whether on its own or comingled with other types of services). 163 164 23.3 Applicability. The terms and provisions of this section shall apply to wireless communication 165 facilities in the City. As defined, each type of WCF has specific allowable locations, development 166 regulations, and design standards as follows: 167 168 (a) Small WCF described in Article 5, Section 23.6. 169 (b) Non-Tower WCF described in Article 5, Section 23.7. 170 (c) Tower WCF described in Article 5, Section 23.8. 171 172 23.31Exceptions. The activities by City residents to utilize satellite dishes, citizen and/or band 173 radios, and Antennae for the purpose of maintaining television, phone, and/or internet 174 connections at their residences for non-commercial activity shall be exempt from the 175 regulations enumerated in this Section 23. 176 177 23.32 Nonconforming Uses. The following provisions shall apply to all buildings, support 178 structures, and uses as related to wireless communication facilities: 179 180 (a) All types of WCFs shall be permitted to collocate upon existing non-conforming 181 WCFs, wireless support structures, and other non-conforming structures subject to 182 the provisions of this Section 23. 183 (b) Collocation of Antennae is permitted on non-conforming structures. 184 (c) Collocation of Non-Tower WCFs upon existing Tower-Based WCFs is encouraged 185 even if the Tower-Based WCF is non-conforming as to use within a zoning district. 186 (d) WCF which are hereafter damaged or destroyed due to any reason or cause may be 187 repaired and restored at their former location but must otherwise comply with the 188 terms and conditions of this Section 23. 189

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 5 190 23.4 Type of Activity Determination. The following provisions outline the types of wireless 191 communication facility applications. 192 193 23.41 Eligible Facilities Request. The WCF Application Type is classified as an Eligible 194 Facilities Request if the request for modification of an existing WCF that does not 195 constitute a Substantial Change under 47 CFR §1.6100, as amended. The request may 196 involve: (i) collocation of new transmission equipment; (ii) removal of transmission 197 equipment; or (iii) replacement of transmission equipment. 198 199 23.42 Substantial Change Activity. The WCF Application Type is classified as a Substantial 200 Change Activity if the modification substantially changes the physical dimensions of a 201 wireless support structure by meeting any of the criteria set forth in 47 CFR §1.6100, as 202 amended, relating to height of the support structure or addition of new appurtenances or 203 equipment cabinets. 204 205 23.43 New Facility. The WCF Application Type is classified as a New Facility if it involves 206 the construction and placement of a new wireless support structure and does not meet 207 the definition of Small WCF. 208 209 23.44 Small WCF. The WCF Application Type is classified as a Small WCF if the proposed 210 antennas, accessory equipment and support structure (whether an existing, replacement 211 or new structure) comply with the volume and height parameters set forth in the 212 definition of Small WCF. 213 214 23.5 Application Procedures. The following provisions outline the procedures for wireless 215 communication facility applications. Policies and procedures for the administration of the WCF 216 permitting and review process shall be developed by the City Manager and City Planner. 217 218 23.51 Location within Public Right-of-way. WCF Applicants proposing a WCF to be located 219 within the public right-of-way, shall be required to obtain application approvals as 220 follows: 221 222 (a) Pole Attachment Process. Compliance with the procedures found in Dover Code 223 Ordinances, Chapter 110 – Utilities, Section 110-32 Pole Attachment, for a WCF 224 proposed for attachment to Dover Electric Department facilities. 225 (b) Master license agreement required. Any WCF Applicant for a WCF proposed for 226 attachment to a utility pole owned or controlled by the City of Dover Electric 227 Department shall first enter into a valid Master License Agreement with the City 228 authorizing such attachment. No WCF shall be permitted to be attached to such 229 utility poles without proof a valid Master License Agreement being provided as 230 part of the permit application. 231 (c) Permit – Use of Rights-of-Way. Obtain a Right-of-Way Permit from the City in 232 accordance with permit policies and procedures pursuant to Dover Code of 233 Ordinances, Chapter 98 – Streets, Sidewalks, Storm Sewers and Other Public 234 Spaces, for a WCF proposed with City rights-of-way. 235 (d) Permit. Obtain a WCF Building Permit from the City in accordance with applicable 236 permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – 237 Building Permit of the City of Dover Code.

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 6 238 (e) Documentation. WCF application shall also be accompanied by documentation 239 demonstrating that the proposed WCF complies with all applicable provisions of 240 this Section 23 for the type of WCF. 241 (f) Fee. Each application to be approved under this section shall be accompanied by 242 fees as provided for in Appendix F – Fees and Fines. 243 244 23.52 Compliance with Zoning Ordinance. The following section of the zoning ordinance shall 245 be adhered to, as applicable, in the approval of a WCF application: 246 247 (a) Architectural Review Certificate. WCF located within the Historic District (H) shall 248 be required to obtain an Architectural Review Certificate pursuant to Article 3, 249 Section 21 and Article 10, Section 3 of this ordinance. 250 (b) Airport environs. Locations within the Airport Environs Overlay Zone (AEOZ) 251 shall document compliance pursuant to Article 3, Section 22 of this ordinance. 252 (c) Environmentally sensitive areas. Location shall document compliance with the 253 environmental protection measures for flood hazard areas and waterbodies and 254 wetlands pursuant to Article 5, Section 11 of this ordinance. 255 256 23.53 Eligible Facilities Request. WCF Applicants proposing an Eligible Facilities Request 257 shall be required to obtain application approvals as follows: 258 259 (a) Type. WCF Applicant shall designate in writing that the application constitutes an 260 Eligible Facilities Request pursuant to 47 CFR §1.6100 and as defined by this 261 Section 23. 262 (b) Permit. Obtain a WCF Building Permit from the City in accordance with applicable 263 permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – 264 Building Permit of the City of Dover Code. 265 (c) Documentation. WCF application shall also be accompanied by documentation 266 demonstrating that the proposed WCF complies with all applicable provisions of 267 this Section 23 for the type of WCF. 268 (d) Fee. Each application to be approved under this section shall be accompanied by 269 fees as provided for in Appendix F – Fees and Fines. 270 271 23.54 Substantial Change Activity. WCF Applicants proposing a Substantial Change Activity 272 shall be required to obtain application approvals as follows: 273 274 (a) Type. WCF Applicant shall designate in writing that the application constitutes a 275 Substantial Change Activity as defined by this Section 23. 276 (b) Permit. Obtain a WCF Building Permit from the City in accordance with applicable 277 permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – 278 Building Permit of the City of Dover Code. 279 (c) Documentation. WCF application shall also be accompanied by documentation 280 demonstrating that the proposed WCF complies with all applicable provisions of 281 this Section 23 based on the type of facility. 282 (d) Fee. Each application to be approved under this section shall be accompanied by 283 fees as provided for in Appendix F – Fees and Fines. 284

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 7 285 23.55 New Facilities. WCF Applicants proposing a New Facility located in a public right-of- 286 way shall be subject to the provisions of Section 23.51. WCF Applicants proposing a 287 New Facility meeting the definition of Tower-Based WCF outside of a public right-of- 288 way of shall be required to obtain application approvals as follows: 289 290 (a) Conditional use authorization required. Any WCF Applicant proposing the 291 construction of a new facility shall first obtain conditional use authorization 292 pursuant to Appendix B, Article 10 Section 1 of the Dover Code. 293 (b) Documentation. The conditional use application shall demonstrate that the 294 proposed WCF complies with all applicable provisions of Section 23 based on the 295 type of facility. 296 (c) Conditional use application requirements. The additional requirements for 297 conditional use applications shall include the following: 298 i. A description of the type and manufacturer of the proposed 299 transmission/radio equipment, the power in watts at which the WCF 300 Applicant transmits, and any relevant related tests conducted by the WCF 301 Applicant in determining the need for the proposed site and installation. 302 ii. Documentation demonstrating that the proposed Tower-Based WCF 303 complies with all applicable state and federal laws and regulations 304 concerning aviation safety. 305 iii. Evidence that the owner of the property on which the Tower-Based WCF 306 is proposed has granted authorization to construct and operate the Tower- 307 Based WCF. 308 iv. Written certification from a structural engineer licensed in the State of 309 Delaware that the proposed WCF’s ability to meet the structural standards 310 offered by either the Electronic Industries Association or the 311 Telecommunication Industry Association and certify the proper 312 construction of the foundation and the erection of the structure. 313 v. An application for a new Tower-Based WCF shall demonstrate that the 314 proposed Tower-Based WCF cannot be accommodated on an existing or 315 approved structure or building. The Planning Commission may deny an 316 application to construct a new Tower-Based WCF if the WCF Applicant 317 has not made a good faith effort to mount the Antenna(s) on an existing 318 structure. The WCF Applicant shall address the viability of any existing 319 Wireless Support Structures within a one quarter (1/4) mile radius of the 320 site proposed and demonstrate that such alternative candidates are inferior 321 with respect to technical feasibility, cost, or terms of use. 322 (b) Permit. Obtain a WCF Building Permit from the City in accordance with applicable 323 permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – 324 Building Permit of the City of Dover Code. 325 (c) Documentation. WCF application shall also be accompanied by documentation 326 demonstrating that the proposed WCF complies with all applicable provisions of 327 this Section 23 based on the type of WCF. 328 (d) Fee. Each application to be approved under this section shall be accompanied by 329 fees as provided for in Appendix F – Fees and Fines. 330 331 23.56 New Small WCF. WCF Applicants proposing a new Small WCF that does not qualify as 332 an Eligible Facilities Request shall be required to obtain application approval as follows:

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 8 333 334 (a) Type. WCF Applicant shall designate in writing that the application constitutes a 335 Small WCF as defined by this Section 23. 336 (b) Permit. Obtain a WCF Building Permit from the City in accordance with applicable 337 permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – 338 Building Permit of the City of Dover Code. 339 (c) Documentation. WCF application shall also be accompanied by documentation 340 demonstrating that the proposed WCF complies with all applicable provisions of 341 this Section 23 based on the type of facility. 342 (d) Fee. Each application to be approved under this section shall be accompanied by 343 fees as provided for in Appendix F – Fees and Fines. 344 (e) New Wireless Support Structures. An application involving installation of a new 345 Wireless Support Structure shall demonstrate that the proposed Small WCF cannot 346 be reasonably accommodated on an existing or approved structure or building 347 within the right-of-way. The WCF Applicant shall address the viability of any 348 existing Wireless Support Structures within 100 feet of the site proposed and 349 demonstrate that such alternative candidates are inferior with respect to technical 350 feasibility, cost, or terms of use. 351 352 23.57 Timing of Approvals. Each specific type of WCF is subject to specific approval 353 timeframes. Such timeframes shall be subject to the tolling procedures established by the 354 FCC. 355 356 (a) Small WCF: Timing of Approval for all Small WCF facilities that do not meet the 357 definition of Eligible Facilities Request. Once a WCF application is submitted 358 these are the approval time lines: 359 i. Notification of Incomplete Applications for Small WCF. Within ten (10) 360 days of receipt of an application for a Small WCF, the City shall notify the 361 WCF Applicant in writing of any additional information required to 362 complete application. 363 ii. Approval Timeframe – Collocation. Within sixty (60) days of receipt of an 364 application for a collocation of a Small WCF on a preexisting Wireless 365 Support Structure, the City shall make a final decision on whether to 366 approve the application and the City shall notify the WCF Applicant in 367 writing of such decision. 368 iii. Approval Timeframe – New Facility. Within ninety (90) days of receipt of 369 an application for a Small WCF requiring the installation of a new Wireless 370 Support Structure, the City Planning Department shall make a final decision 371 on whether to approve the application and shall notify the WCF Applicant 372 in writing of such decision. 373 374 (b) Non-Tower WCF: Timing of Approval for all Non-Tower WCF facilities that do 375 not meet the definition of Eligible Facilities Request. Once a WCF application is 376 submitted these are the approval time lines: 377 i. Notification of Incomplete Applications for Non-Tower WCF. Within thirty 378 (30) days of receipt of an application for a WCF on a preexisting wireless 379 support structure, the City shall notify the WCF Applicant in writing of any 380 additional information required to complete application.

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 9 381 ii. Approval Timeframe – Substantial Change. Within ninety (90) days of 382 receipt of an application for a Non-Tower WCF on a preexisting Wireless 383 Support Structure that Substantially Changes the Wireless Support 384 Structure to which it is attached, the City shall make a final decision on 385 whether to approve the application and the City shall notify the WCF 386 Applicant in writing of such decision. 387 iii. Approval Timeframe – Not Substantial Change. Within sixty (60) days of 388 receipt of an application for a Non-Tower WCF on a preexisting Wireless 389 Support Structure that does not Substantially Change the Wireless Support 390 Structure to which it is attached, the City Planning Department shall issue 391 the required building permit authorizing construction of WCF. 392 393 (c) Tower-Based WCF: Timing of Approval for all Tower-Based WCF facilities that 394 do not meet the definition of Eligible Facilities Request. Once a WCF application 395 is submitted these are the approval time lines: 396 i. Notification of Incomplete Applications for Tower-Based WCF. Within 397 thirty (30) days of receipt of an application for a Tower-Based WCF, the 398 City shall notify the WCF Applicant in writing of any additional 399 information required to complete application. 400 ii. Approval Timeframe - All applications for Tower-Based WCFs shall be 401 acted upon within one hundred fifty (150) days of the receipt of a fully 402 completed application for the approval of such Tower-Based WCF and 403 the City shall advise the WCF Applicant in writing of its decision. If 404 additional information was requested by the City Planning Department to 405 complete an application, the time required by the WCF Applicant to 406 provide the information shall not be counted toward the one hundred fifty 407 (150) day review period 408 409 23.58 Fees. Each application for permit or plan approval shall be accompanied by a fee as provided 410 for in Appendix F – Fees and Fines. 411 412 (a) Permit fees. The City may assess appropriate and reasonable permit fees directly related 413 to the City’s actual costs in reviewing and processing the application for approval of a 414 WCF, as well as related inspection, monitoring and related costs. Such permit fees 415 shall be established by Appendix F – Fees and Fines and shall comply with the 416 applicable requirements of the FCC. 417 418 (b) Reimbursement for WCF in Right-of-way. In addition to permit fees as described in 419 this section, every Small WCF in the right-of-way is subject to the City’s right to 420 recover its actual costs incurred as a result of the Small WCF’s presence in the right- 421 of-way, including, but not limited to, the costs of the administration and performance 422 of all reviewing, inspecting, permitting, supervising and other right-of-way 423 management activities by the City. The owner of each Small WCF shall reimburse the 424 City for the City’s costs reasonably incurred in connection with the activities described 425 above. All fees shall comply with applicable state and federal law and not exceed 426 amounts presumed reasonable by the FCC. 427

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 10 428 23.6 Small Wireless Communication Facilities (Small WCF). The following regulations shall 429 apply to all Small WCF and associated Wireless Support Structures as defined by this Section 23. 430 431 (a) Location. 432 i. Small WCF are permitted to be located in all City zoning districts subject to 433 the application requirements of this Section 23. 434 ii. Small WCF are subject to compliance with Zoning Ordinance provisions 435 outlined in Section 23.52. 436 iii. Small WCF are permitted to be located within the public right-of-way subject 437 to application requirements of this Section 23. 438 439 (b) Development Regulations. 440 i. Sizing. To be considered as Small WCF, the WCF must comply with the criteria 441 established in the definition of Small Wireless Communications Facility in 442 Section 23.2. 443 ii. Height. The total height of a Small WCF shall comply with the maximum height 444 permitted in the zoning district of the property to the extent technically feasible. 445 In accordance with industry standards, Small WCF Applicants must submit 446 documentation to the City justifying the total height of the WCF. 447 iii. Height. The total height of a Small WCF when located in the public right-of- 448 way shall be no more than ten percent taller than the tallest existing utility pole 449 or wireless support structure within a two hundred fifty (250) radius of the 450 proposed WCF or fifty (50) feet above ground level, whichever is greater. 451 iv. Placement. All Small WCF shall comply with the applicable requirements of 452 the Americans with Disabilities Act and all applicable requirements pertaining 453 to streets and sidewalks, as codified in Chapter 98 of the Dover Code. 454 v. Placement. Small WCF in the public right-of-way requiring the installation of 455 a new Wireless Support Structure shall not be located directly in front of any 456 building entrance or exit such that it would interfere with ingress or egress. 457 vi. Accessory equipment. Small WCF and Accessory Equipment shall be located 458 so as not to cause any physical or visual obstruction to pedestrian or vehicular 459 traffic, create safety hazards to pedestrians and/or motorists, or to otherwise 460 inconvenience public use of the ROW as determined by the City. 461 462 (c) Design standards. All Small WCF shall be designed to meet applicable requirements 463 of the City “Small Wireless Communications Facility Design Manual,” a copy of which 464 is kept on file at the City Planning Department. 465 466 23.7 Non-Tower Wireless Communication Facilities (Non-Tower WCF). The following 467 regulations shall apply to all Non-Tower WCFs as defined by this Section 23 and that do not meet 468 the definition of a Small WCF. 469 470 (a) Location. 471 i. Non-Tower WCF are permitted to locate in all City zoning districts subject to 472 the application requirements of this Section 23. 473 ii. Non-Tower WCF are subject to compliance with Zoning Ordinance provisions 474 outlined in Section 23.52.

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 11 475 iii. Non-Tower WCF are permitted to be located within the public right-of-way 476 subject to application requirements of this Section 23. 477 iv. Non-Tower WCF shall be collocated on existing wireless support structures, 478 such as poles, certain existing buildings or Tower-Based WCF. 479 v. Historic buildings. Non-Tower WCF may be located within one hundred (100) 480 feet of any property, or on a building or structure that is listed on the National 481 Register of Historic Places if an approved Architectural Review Certification is 482 obtained pursuant to Article 10, Section 3 of this ordinance. 483 484 (b) Prohibitions on certain structures. Non-Tower WCF shall not be located on one- 485 family detached dwellings, one-family attached dwellings, semi-detached dwellings, 486 duplexes, townhouses, manufactured homes, mobile homes, modular homes, or any 487 residential accessory structure. 488 489 (c) Development Regulations. 490 i. Sizing. To be considered as Non-Tower WCF, the WCF must comply with the 491 criteria established in the definition of Non-Tower Wireless Communications 492 Facility in Section 23.2. 493 ii. Height. The total height of a Non-Tower WCF shall not exceed the maximum 494 height permitted in the zoning district. In accordance with industry standards, 495 Non-Tower WCF Applicants must submit documentation to the City justifying 496 the total height of the WCF. 497 iii. Replacement of Existing Support Structure. The replacement of an existing 498 support structure with a similar structure that is required to support the weight 499 of the proposed WCF is allowed. 500 iv. Accessory Equipment Buildings. If Accessory Equipment is to be located in a 501 separate building, the building shall comply with the minimum requirements 502 for accessory structure in the applicable zoning district. 503 v. Fences. A security fence with a minimum height of six (6) feet and a maximum 504 height of eight (8) feet shall surround any separate equipment compound 505 located outside the right-of-way. 506 vi. Access. Vehicular access to the accessory equipment building or equipment 507 compound shall not interfere with the parking or vehicular circulations on the 508 site for the principal use. 509 510 (d) Design Standards. Where appropriate, Non-Tower WCF shall employ Stealth 511 Technology and be treated to match the Wireless Support Structure in order to 512 minimize aesthetic impact. The Stealth Technology utilized by the WCF Applicant 513 shall be subject to the application approval process. 514 515 23.8 Tower-Based Wireless Communication Facilities (Tower-Based WCF). The following 516 regulations shall apply to all Tower-Based WCFs as defined by this Section 23 and that do not 517 meet the definition of a Small WCF. 518 519 (a) Conditional uses. Tower-Based WCF are permitted outside the public Rights-of-Way 520 in certain zoning districts upon conditional use approval of the Planning Commission 521 in accordance with the procedures and subject to the general conditions set forth in 522 Article 10 Section 1 of this ordinance.

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 12 523 i. In approving the conditional use, the Planning Commission may take into 524 consideration the following: 525 a. the aesthetic impact of the proposed facility, including but not 526 limited to whether its decision upon the subject application will 527 promote the harmonious and orderly development of the zoning 528 district involved; 529 b. encourage compatibility with the character and type of development 530 existing in the area; 531 c. prevent a negative impact on the aesthetic character of the 532 community; 533 d. preserve woodlands and trees existing at the site to the greatest 534 possible extent; and 535 e. encourage sound engineering and land development design and 536 construction principles, practices and techniques. 537 ii. Additional antennae. As a condition of approval for all Tower-Based WCF, 538 the WCF Applicant shall provide with a written commitment that it will 539 allow a minimum of two (2) other service providers the opportunity to 540 Collocate Antennae on Tower-Based WCF where technically feasible. 541 542 (b) Location. 543 i. Tower-Based WCF are conditionally permitted to locate in the nonresidential 544 zones. Nonresidential zones are defined in Article 12 – Definitions of this 545 ordinance. 546 ii. Exception. Tower-Based WCF in the IPM3 (Industrial Park Manufacturing 547 Zone – Industrial Aviation and Aeronautics Center) zoning district are only 548 allowed in support of aviation, aeronautics, or related operation per Article 3, 549 Section 20B of the ordinance. 550 iii. Tower-Based WCF are subject to the application requirements of this Section 551 23. 552 iv. Tower-Based WCF are subject to compliance with zoning ordinance provisions 553 outlined in Section 23.52. 554 v. Historic places. Tower-Based WCF may be located within one hundred (100) 555 feet of any building or structure that is listed on the National Register of Historic 556 Places if an approved Architectural Review Certification is obtained pursuant 557 to Article 10, Section 3 of this ordinance. 558 559 (c) Uses on Property. 560 i. Principal use. A Tower-Based WCF shall be permitted as a sole principal use 561 on a lot. 562 ii. Combined with another use. A Tower-Based WCF may be permitted on a 563 property with an existing use, or on a vacant parcel in combination with another 564 permitted use. 565 iii. Existing uses. The existing use on the property may be any permitted use in the 566 applicable zoning district and need not be affiliated with the WCF. 567 iv. Ability to use. Where applicable, the WCF owner shall present documentation 568 that the property owner has granted an easement or other property right for the 569 proposed facility. 570

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 13 571 (d) Development Regulations. 572 i. Minimum lot area. The minimum lot area shall comply with the requirements 573 for the applicable zoning district and shall be the area needed to accommodate 574 the Tower-Based WCF and guy wires, the equipment building, security fence, 575 and buffer planting. 576 ii. Height. Tower-Based WCFs shall be designed and kept at the minimum 577 functional height. The maximum total height of a Tower-Based WCF shall not 578 exceed the one hundred fifty (150) feet. No WCF Applicant shall have the right 579 under these regulations to erect a tower to the maximum height specified in this 580 section unless it proves the necessity for such height. 581 iii. Minimum setbacks. The minimum distance between the base of a Tower-Based 582 WCF and any property line or street Right-of-Way line shall equal 110% of the 583 proposed height of the Tower-Based WCF, unless the WCF Applicant shows 584 to the satisfaction of the Planning Commission that the proposed Tower-Based 585 WCF has been designed in such a manner that a lesser setback will have no 586 negative effects on public safety. 587 588 (e) Design Standards. 589 i. Multiple Antennae. Any proposed Tower-Based WCF shall be designed 590 structurally to accommodate both the WCF Applicant's Antennae and at least 591 two (2) comparable Antennae for future users. 592 ii. Security. Any Tower-Based WCF shall be equipped with an anti-climbing 593 device, as approved by the manufacturer. 594 iii. Lighting. No Tower-Based WCF shall be artificially lighted, except as required 595 by law. If lighting is required, the WCF Applicant shall provide a detailed plan 596 for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect 597 as is permissible under state and federal regulations. 598 iv. Surrounding environs. Existing vegetation, trees and shrubs located within 599 proximity to the Tower-Based WCF structure shall be preserved to the 600 maximum extent possible. 601 v. Fences. A security fence having a minimum height of six (6) feet and a 602 maximum height of eight (8) feet shall surround any Tower-Based WCF, as 603 well as guy wires, equipment compound or housing WCF equipment. 604 vi. Screening. A screen of evergreen trees planted eight (8) feet on center, each at 605 least four (4) feet in height, shall surround the Tower-Based WCF and security 606 fence. Existing vegetation shall be preserved to the maximum extent possible 607 and landscaping is not required where landscaping already exists 608 vii. Accessory equipment. Where feasible, Accessory Equipment associated, or 609 connected, with a Tower-Based WCF shall be placed underground. Any above- 610 ground Accessory Equipment associated or connected with a Tower-Based 611 WCF shall be screened from public view using Stealth Technology. All 612 ground-mounted Accessory Equipment, utility buildings and accessory 613 structures shall be architecturally designed to blend into the environment in 614 which they are situated. 615 viii. Accessory equipment buildings. If Accessory Equipment is to be located in a 616 separate building, the building shall comply with the minimum requirements 617 for accessory structures in the applicable zoning district.

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 14 618 ix. Accessory equipment. Accessory Equipment not exceeding five hundred (500) 619 square feet in area shall be permitted for each unrelated company sharing space 620 on the Tower-Based WCF. 621 x. Access road. Where necessary, an access road, turnaround space and parking 622 shall be provided to ensure adequate Emergency and service access to Tower- 623 Based WCF. Maximum use of existing roads, whether public or private, shall 624 be made to the extent practicable. Road grades shall closely follow natural 625 contours to assure minimal visual disturbance and minimize soil erosion. 626 xi. Visual Appearance. Tower-Based WCF shall employ Stealth Technology 627 which may include painting or finish of the tower portion. All Tower-Based 628 WCF and Accessory Equipment shall be aesthetically and architecturally 629 compatible with the surrounding environment and shall maximize the use of a 630 like facade to blend with the existing surroundings and neighboring buildings 631 to the greatest extent possible. 632 633 23.9 General Requirements for Wireless Communication Facilities. The following shall apply to 634 all types of wireless communication facilities. Each application for a WCF shall require proof of 635 compliance with the following. 636 637 23.91 Standards for Wireless Communication Facilities. 638 (a) Wind and ice. Each WCF shall be designed to withstand the effects of wind gusts 639 and ice to the standard designed by the American National Standards Institute as 640 prepared by the engineering departments of the Electronics Industry Association, 641 and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to 642 the industry standard applicable to the structure. 643 (b) Aviation safety. WCF shall comply with all federal and state laws and regulations 644 concerning aviation safety. 645 (c) Interference. WCF shall not interfere with public safety communications or the 646 reception of broadband, television, radio or other communication services by 647 occupants of nearby properties. 648 (d) Radio frequency emissions. WCF shall not, by itself or in conjunction with other 649 WCFs existing on the same structure at the time of installation, generate radio 650 frequency emissions in excess of the standards and regulations of the FCC, 651 including but not limited to, the FCC Office of Engineering Technology Bulletin 652 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to 653 Radio Frequency Electromagnetic Fields,” as amended. 654 (e) Signage. WCF owners shall post a sign in a readily visible location identifying the 655 name, phone number of a party to contact in the event of an Emergency, and permit 656 number. The only other signage permitted on the WCF shall be those required by 657 the FCC, or any other federal or state agency. 658 (f) Noise. WCF shall be operated and maintained so as not to produce noise in excess 659 of applicable noise standards under state law and the City Code, except in 660 Emergency situations requiring the use of a backup generator, where such noise 661 standards may be exceeded on a temporary basis only. 662 (g) Engineer seal and signature. All plans and drawings for a WCF shall contain a seal 663 and signature of a professional structural engineer, licensed in the State of 664 Delaware.

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 15 665 (h) FCC license. Each Person that owns or operates a Tower-Based WCF shall submit 666 a copy of its current FCC license, including the name, address, and Emergency 667 telephone number for the operator of the facility. 668 669 23.92 Maintenance and Care of Wireless Communications Facilities. 670 (a) Standard of care. Any WCF shall be designed, constructed, operated, maintained, 671 repaired, modified and removed in strict compliance with all current applicable 672 technical, safety and safety-related codes, including but not limited to the most 673 recent editions of the American National Standards Institute (ANSI) Code, National 674 Electrical Safety Code, National Electrical Code, National Association of Tower 675 Erectors, or to the industry standard applicable to the structure. 676 (b) Maintenance. Any WCF shall at all times be kept and maintained in good condition, 677 order and repair by qualified maintenance and construction personnel, so that the 678 same shall not endanger the life of any Person or damage any property in the City. 679 Such maintenance shall be performed to ensure the upkeep of the WCF in order to 680 promote the safety and security of the City’s residents and utilize industry standard 681 technology for preventing failures and accidents. The following maintenance 682 requirements shall apply: 683 i. The WCF shall be fully automated and unattended on a daily basis and shall 684 be visited only for maintenance or Emergency repair. 685 ii. Such maintenance shall be performed to ensure compliance with applicable 686 structural safety standards and radio frequency emissions regulations. 687 iii. All maintenance activities shall conform to industry maintenance standards. 688 (c) Lighting. The WCF Applicant shall promptly report any outage or malfunction of 689 FAA-mandated lighting to the appropriate governmental authorities and to the City. 690 (d) Graffiti. Any graffiti on the WCF or on any Accessory Equipment shall be removed 691 at the sole expense of the owner within thirty (30) days of notification by the City. 692 693 23.93 Inspection of Wireless Communication Facilities. The City reserves the right to inspect 694 any WCF to ensure compliance with the provisions of the Appendix B: Zoning and any other 695 provisions found within the City Code or state or federal law. The City and/or its agents shall 696 have the authority to enter the lease area of any property upon which a WCF is located at any 697 time, upon reasonable notice to the operator, to ensure such compliance. 698 699 23.94 Construction and Repairs in the Right-of-way. 700 (a) Work in Right-of-Way. The City of Dover Electric Department and the City of 701 Dover Public Works Department, in consultation with the City Planning 702 Department, shall determine the time, place and manner of construction, 703 maintenance, repair and/or removal of all Small WCF in the ROW based on public 704 safety, traffic management, physical burden on the ROW, and related 705 considerations. All construction, maintenance, repair and/or removal of Small 706 WCF shall comply with the applicable requirements of the City code. 707 (b) Pole Repairs. In the event of damage to a Small WCF attached to a utility pole 708 owned or controlled by the City of Dover Electric Department, the owner of the 709 Small WCF shall be solely responsible for all costs associated with the repair of the 710 Small WCF, unless such damage was caused by the City’s own negligence or 711 willful misconduct.

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 16 712 (c) Repairs of City property. In the event of damage to City property during installation 713 of any WCF, including utility poles, streets, sidewalks, streetlights, signs, or other 714 infrastructure, the company responsible for the damage shall make repairs accepted 715 by the City or shall reimburse the City for the cost of such repairs. 716 (d) Change or Alteration Required. Within ninety (90) days following written notice 717 from the City, or such longer period as the City determines is reasonably necessary or 718 such shorter period in the case of an emergency, an owner of a Small WCF in the 719 ROW shall, at its own expense, temporarily or permanently remove, relocate, 720 change or alter the position of any WCF when the City, consistent with its police 721 powers and applicable Public Utility Commission regulations, determines that such 722 removal, relocation, change or alteration is reasonably necessary under the 723 following circumstances: 724 i. The construction, repair, maintenance or installation of any City or other 725 public improvement in the right-of-way; 726 ii. The operations of the City or other governmental entity in the Right-of- 727 Way; 728 iii. Vacation of a street or road or the release of a utility easement; or 729 iv. An Emergency as determined by the City. 730 In such cases the City will make reasonable efforts to assist the WCF owner in 731 identifying and permitting an alternate location for the WCF. 732 23.95 Removal. In the event that use of a WCF is to be discontinued, the owner shall provide 733 written notice to the City of its intent to discontinue use and the date when the use shall be 734 discontinued and removed. Unused or abandoned WCF, or portions of WCF, shall be removed 735 as follows: 736 (a) Complete removal of the structure of a Tower-Based WCF shall require a 737 Demolition Permit in accordance with permit policies and procedures pursuant to 738 Appendix B, Article 8, Section 1 – Building Permit. 739 (b) Any unused portions of Tower-Based WCF, including Antennae, shall be removed 740 within ninety (90) days of the time of cessation of operations. All Replacements of 741 portions of a Tower-Based WCF previously removed are subject to the provisions 742 of this Section 23. 743 (c) All used or abandoned WCFs and Accessory Equipment shall be removed from the 744 wireless support structure within ninety (90) days of the cessation of operations at 745 the site unless a time extension is approved by the City. 746 (d) If the WCF or Accessory Equipment is not removed from the wireless support 747 structure within ninety (90) days of the cessation of operations at a site, or within 748 any longer period approved by the City, the WCF and/or associated facilities and 749 equipment may be removed by the City and the cost of removal assessed against 750 the owner of the WCF. 751 752 753 BE IT FURTHER ORDAINED: 754 755 That Appendix B – Zoning, Article 12 – Definitions of the Dover Code, be amended by inserting 756 the following in correct alphabetical order: 757

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 17 758 Antenna: An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, 759 to be operated or operating from a fixed location pursuant to Federal Communications 760 Commission authorization, for the provision of wireless service and any commingled 761 information services. 762 763 Wireless Communications Facility (WCF). An antenna facility or a wireless support 764 structure that is used for the provision of wireless service, whether such service is provided 765 on a stand-alone basis or commingled with other wireless communications services. 766 767 768 BE IT FURTHER ORDAINED: 769 770 That Appendix B – Zoning, Article 3 Section 20B – Industrial park manufacturing zone – 771 Industrial aviation and aeronautics center (IPM3) of the Dover Code, be amended by inserting 772 the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 773 774 20B.1 Uses permitted. In an IPM3 zone, no building or premises shall be used and no 775 building or part of a building shall be erected, which is arranged, intended or designed to 776 be used, in whole or in part, for any purpose, except the following, and in accordance with 777 performance standards review procedure as set forth in article 5 sections 8.2 and 8.6, and 778 subject to site development plan approval as set forth in article 10, section 2: 779 20B.17 Radio or television broadcasting towers, telecommunications towers, 780 antenna arrays, and receiving satellite dishes that support aviation, aeronautics, or 781 related operations. 782 20B.2 Conditional uses. The following uses are permitted, conditional upon the approval 783 of the planning commission in accordance with the procedures and subject to the general 784 conditions set forth in article 10, section 1. service establishments such as auto rental and 785 travel agencies, commercial parking lots and garages, automobile service stations, car 786 washes, banks, gift shops, newsstands, bookstores, restaurants, bars, medical offices, postal 787 facilities, laundry services, and similar facilities available to airport or spaceport users and 788 employees. The application for conditional use shall clearly demonstrate the relationship 789 of the proposed use to an existing or proposed airport or spaceport. 790 20B.21 Service establishments such as auto rental and travel agencies, 791 commercial parking lots and garages, automobile service stations, car washes, 792 banks, gift shops, newsstands, bookstores, restaurants, bars, medical offices, 793 postal facilities, laundry services, and similar facilities available to airport or 794 spaceport users and employees. 795 20B.22 Radio or television broadcasting towers, tower based wireless 796 communications facilities, antenna arrays, and receiving satellite dishes that 797 support aviation, aeronautics, or related operations. 798 799 BE IT FURTHER ORDAINED: 800

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 18 801 That Appendix B – Zoning, Article 5 Section 21 – Public utility infrastructure of the Dover 802 Code, be amended be amended by inserting the text indicated in bold, blue font and deleting the 803 text indicated in red strikeout as follows: 804 Section 21. - Public utility infrastructure. 805 Public utility infrastructure shall be permitted in all zones and generally exempt from the 806 requirements of Article 4—Zoning Bulk and Parking Regulations, except as provided in 807 this section. 808 21.1 Setback. The minimum setback for public utility structures shall be equal to 809 the setback of the zone in which the structure is located. 810 21.2 Fences. Fences shall be limited to a maximum height of eight feet above 811 ground. 812 21.3 Site development plan required. Site development plan approval in 813 accordance with article 10, section 2 hereof shall be required prior to the 814 issuance of building permits for the erection or enlargement of all structures 815 and related accessory structures. 816 21.4 Exceptions. 817 21.41 Electric power generation facilities shall be subject to all zoning 818 requirements. 819 21.42 Private communications antennas and towers shall not be considered 820 public utility infrastructure under the provisions of this subsection, and 821 shall be subject to all zoning requirements. 822 21.42 Wireless communication facilities as defined in Article 5 Section 823 23 shall not be considered public utility infrastructure under the 824 provisions of this subsection and shall be subject to the provisions 825 of Article 5 Section 23. 826 827 BE IT FURTHER ORDAINED: 828 829 That Chapter 98 – Street, Sidewalks, Storm Sewers and Other Public Places of the Dover Code, 830 be amended by inserting a new Section 98-11 Placement of wireless communications facilities 831 within rights-of-way. 832 833 Sec. 98-11. – Placement of wireless communications facilities within rights-of-way. 834 (a) Applicability. The provisions of this section shall apply to the use of rights-of-way as 835 dedicated to the city or as otherwise maintained by the city. 836 837 (b) Definitions. The following words, terms and phrases, when used in this section, shall 838 have the meanings ascribed to them in this subsection, except where the context clearly 839 indicates a different meaning: 840 841 Wireless Communications Facility (WCF). An antenna facility or a wireless 842 support structure that is used for the provision of wireless service, whether such 843 service is provided on a stand-alone basis or commingled with other wireless 844 communications services.

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 19 845 846 Wireless Support Structure. A freestanding structure, pole, tower, or other building, 847 whether or not it has an existing antenna facility, that is used or to be used to support 848 the placement or installation of a wireless communication facility for the provision 849 of wireless service (whether on its own or comingled with other types of services). 850 851 (c) Uses of Rights-of-way Permit required. It shall be unlawful for any person to construct, 852 erect or affix any wireless support structure within or that encroaches upon any right- 853 of-way owned or maintained by the city, unless and until such use of the right-of-way 854 shall have been approved. A Rights-of-Way Use Permit shall be obtained from the city 855 manager or their designee. 856 (1) Permit Fees. Each application for permit shall be accompanied by a fee as 857 provided for in Appendix F – Fees and Fines. 858 (2) Annual Fee for Rights-of-Way Use. Each wireless support structure not 859 owned or maintained by the city located within or that encroaches upon any 860 right-of-way owned or maintained city shall be subject to an annual fee as 861 provided for in Appendix F – Fees and Fines. 862 863 (d) Approval required. Construction, erection or placement any wireless communication 864 facility or wireless support structure within or encroaches upon any right-of-way owned 865 or maintained by the city shall be in accordance with the provisions of Appendix B – 866 Zoning, Article 5 Section 23. 867 868 869 BE IT FURTHER ORDAINED: 870 871 That Appendix F – Fees and Fines of the Dover Code, be amended by inserting new sections, as 872 follows: 873 874 Chapter 98. – Streets, Sidewalks and Other Public Places 875 Chapter 98. Streets, Sidewalks and Other Public Fees and Fines Places Article I. In General Sec. 98-11 Placement of wireless communications facilities within rights-of-way (c) Use of Rights of Way Permit (1) Permit Fee $25 for ROW Permit (2) Annual Fee for Rights-of-way Use No charge for WCF placement on existing City owned wireless support structure in City ROW $220 for Placement of new wireless support structure/pole in City ROW

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 20 $220 for WCF placement on a third party/non-City wireless support structure/pole in City ROW 876 877 878 Chapter 110. – Utilities 879 Chapter 110. Utilities Fees and Fines Article II. Electric Service Sec. 110-32. Pole attachment fee; use of Dover Electric Department facilities Subsection (4) Fees and changes; Wireless Communications Facility $50 Annual Fee per Attachment on City Attachment owned wireless support structure/pole 880 881 Appendix B. Zoning 882 Appendix B. Zoning Fees and Fines Article 5. Supplementary Regulations Sec. 23 Wireless Communications Facilities Subsec. 23.5 Application Procedures 23.51 Location within Public Right-of-way (f) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.53 Eligible Facilities Request (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.54 Substantial Change Activity (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.55 New Facilities (a) Conditional use authorization $425.00, plus $25.00 per acre of the area required. or multiple thereof involved in the Conditional Use Permit application (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or

Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 21 multiples thereof up to $10,000,000.00 of costs 23.56 New Small WCF (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 883 884 BE IT FURTHER ORDAINED: 885 886 That this Ordinance shall become effective immediately upon adoption. 887 888 889 ADOPTED: * 890 I:\DAC\2020 Applications\10 October 2020\MI-20-06 Text Amendments Wireless Communications Facilities\FIRST 891 READING Proposed Ordinance #2020-13 Wireless Communications Facilities 9-28-2020.docx 892 893 SYNOPSIS 894 This proposed Ordinance adds provisions for Wireless Communications Facilities (WCF) by 895 adding a new Section 23 – Wireless Communication Facilities to the Zoning Ordinance and 896 completing other amendments to the Dover Code of Ordinances. This proposed Ordinance 897 provides definitions; establishes certain general and specific standards relating to the location, 898 placement, construction and maintenance of Small WCF, Non-Tower Based WCF, and Tower- 899 Based WCF; provides for the regulations of WCF within the public rights-of-ways and outside 900 public rights-of-way on properties; and provides for the enforcement of said regulations. Also 901 associated with this Ordinance is the development of the City of Dover “Small Wireless 902 Communications Facility (SWCF) Design Manual” as referenced for design standards for Small 903 Wireless Communications Facilities. 904 (Sponsors: Hugg and City Manager’s Office) 905 906 Actions History: 907 2/11/2020 – Update on Provisions and Development of Ordinance: Wireless Communication 908 Facilities at Council Committee of the Whole – Utility Committee. Referred to Staff for 909 continued work. 910 7/14/2020 – Update and Presentation of Preliminary Draft Wireless Communications Facilities 911 (WCF) Ordinance Version 1A – Planning 7-8-2020 at Council Committee of the Whole – Utility 912 Committee. Referred to Staff for continued work. 913 9/15/2020 – Update and Presentation of Draft Wireless Communications Facilities (WCF) 914 Ordinance Version 2 – Planning 9-9-2020 at Council Committee of the Whole – Utility 915 Committee. Recommend Staff complete refinements and refer to City Council for First Reading 916 and setting of Public Hearing dates. 917 9/28/2020 – Scheduled for First Reading at City Council 918

PRELIMINARY DRAFT #2 CITY OF DOVER SMALL WIRELESS COMMUNICATIONS FACILITY (SWCF) DESIGN MANUAL This Manual is part of the City of Dover Wireless Communication Facilities Code (Appendix B – Zoning, Article 5 – Supplemental Regulations, Section 23) and shall be applied as part thereof. It addresses the applicable design standards and the process for application and review by the City of Dover for all Small Wireless Communications Facility applications. SMALL WIRELESS COMMUNICATIONS FACILITY BUILDING PERMIT REQUIRED: A Small Wireless Communications Facility Building Permit is required for all proposed Small Wireless Communication Facility activities whether involving an existing utility pole or similar facility or a new location for a Small Wireless Communications Facility as defined herein. An application for Small Wireless Communications Facility Building Permit shall be submitted on the proper form to the Department of Planning & Inspections prior to initiation of any construction or installation. The Department will conduct an administrative review for proposals located in all zoning districts. SECTION I. DEFINITIONS The following terms are defined as follows: 1. Accessory Equipment – any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term “Accessory Equipment” includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures. 2. Antenna – An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services. 3. Collocation – The mounting of one or more WCFs, including antennae, on a pre-existing structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure. 4. Decorative Pole – A City-owned pole that is specially designed and placed for aesthetic purpose and on which no appurtenances or attachments, other than a small wireless facility, lighting, or municipal attachments have been placed or are permitted to be placed. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 1 of 10

5. Prior Approved Design – A design for a small wireless communications facility that has been reviewed and deemed to be in accordance with this Design Manual and approved for construction by the City. 6. Small Wireless Facility -- A wireless communications facility that meets the following criteria: (1) The structure on which antenna facilities are mounted— a) is 50 feet or less in height, or b) is no more than 10 percent taller than other adjacent structures, or c) is not extended to a height of more than 50 feet or by more than 10 percent above its preexisting height as a result of the collocation of new antenna facilities; and (2) Each antenna associated with the deployment (excluding the associated equipment) is no more than three (3) cubic feet in volume; and (3) All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and (4) The facilities do not require antenna structure registration under 47 CFR Part 17; and (5) The facilities are not located on Tribal lands, as defined under 36 CFR §800.16(x); and (6) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR §1.1307(b). 7. Stealth Technology—camouflaging or screening methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in a manner appropriate to the site’s context and surrounding environment. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building- mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles. 8. Underground Utility Area – A portion of the City in which all utility installations are required to be installed underground on a non-discriminatory basis pursuant to Section 110-31 of the City Code. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 2 of 10

SECTION II. GENERAL STANDARDS FOR SMALL WIRELESS COMMUNICATIONS FACILITIES 1. Applicants for Small Wireless Communications Facility locations shall first consider collocation on an existing City-owned utility pole, or a replacement with a new pole in the same location and matching to the maximum extent possible the existing style, color, materials, and configuration of the pole being replaced. 2. Small Wireless Communications Facilities shall only be located on distribution voltage electric utility poles meeting the approval of the City of Dover Electric Department. These installations will be a minimum of 6 feet above the primary conductors. Installation on transmission voltage poles is prohibited. 3. All Small Wireless Communications Facilities shall be installed and maintained in a workmanlike manner in compliance with the National Electric Safety Code and the National Electrical Code, as applicable. 4. All Small Wireless Communications Facilities shall comply, to the extent consistent with applicable state and federal law, with the Americans with Disabilities Act guidelines adopted by the City and all applicable requirements of the City Code relating to streets and sidewalks as established by Chapter 98 of the City Code. 5. Poles shall not obstruct vehicular, pedestrian, or cyclist traffic or sight lines in an unsafe manner. 6. All Small Wireless Communications Facilities shall comply with applicable federal and state standards regarding pedestrian access and movement. 7. All Small Wireless Communications Facilities shall be designed and constructed to minimize aesthetic impact on the surrounding neighborhood in accordance with this Small Wireless Cell Facility Design Manual to the extent technically feasible 8. No Small Wireless Communications Facility shall be permitted on an existing Decorative Pole unless the applicant provides documentation showing that such Decorative Pole is the only technically feasible location for placement and that no suitable alternative sites exist. A replacement decorative pole of similar style may be used if accepted by the City Manager or their designee. 9. No Small Wireless Communications Facility shall extend beyond the boundaries of the rights-of-way unless approved on a case-by-case basis by the City Manager or designated official. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 3 of 10

10. All Small Wireless Communications Facilities shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure. 11. All Small Wireless Communications Facility locations must comply with applicable provisions of the Zoning Ordinance as set forth in Section 23.52 of the Wireless Communications Facilities Code as related to Historic Districts, Airport Environs Overlay Zone or Environmentally Sensitive Areas. 12. Small Wireless Communications Facility shall comply with the maximum height permitted in the zoning district to the extent technically feasible. 13. Any existing City-owned pole requiring replacement that is currently utilizing a concrete base will have the concrete base removed and replaced with a breakaway steel screw in foundation. This foundation type is not required for third party pole installations. SECTION III. ANTENNA AND ACCESSORY EQUIPMENT STANDARDS 1. Antenna Standards a. Any Antenna associated with a Small Wireless Communications Facility shall not exceed three (3) cubic feet in volume. b. All pole-top Antennas shall be flush-mounted as closely to the top of the utility pole as technically feasible. c. All Antennas shall be of a design, style, and color that reasonably matches the utility pole upon which they are attached. d. Any necessary pole-top extension shall be of the minimum height necessary to achieve separation from the existing pole attachments; minimum clearance of 6 feet above primary distribution wires. e. Any Antenna mounted on a lateral standoff bracket shall protrude no more than necessary to meet clearances. f. If mounted on an existing structure, no Antenna shall impair the function of said structure. g. Antenna placement shall not materially impair light, air, or views from adjacent windows to the extent technically feasible. h. No more than two (2) collocated Small Wireless Communications Facilities shall be permitted on a single utility pole. 2. Accessory Equipment Standards Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 4 of 10

a. Accessory Equipment shall not exceed twenty-eight (28) cubic feet in volume. Equipment utilized solely for the minimization or mitigation of the aesthetic impact of the Small Wireless Communications Facility shall not be included in the Accessory Equipment volume calculation. b. Accessory Equipment shall be mounted flush to the side of a utility pole, or as near flush to the side of a utility pole as technically feasible. c. Accessory Equipment shall be mounted to provide a minimum of eight (8) feet vertical clearance from ground level. d. Meter socket installations shall be no lower than four (4) feet and no higher than six (6) feet above finished grade. If installed in a pole manufactured to house SWF equipment the pole will be positioned to allow a minimum of three (3) feet clearance to allow access to the meter. e. Accessory Equipment shall be of a color that reasonably matches the utility pole upon which such Accessory Equipment is mounted. f. To the extent feasible, Accessory Equipment shall be contained within a single equipment shroud or cabinet. Such equipment shroud or cabinet shall be of the smallest dimensions technically feasible. g. All Small Wireless Communications Facilities shall post a sign in a readily visible location identifying the owner’s permit number and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted shall be that required by the FCC or any other federal or state agency. All signage associated with a Small Wireless Communications Facility shall be approved by the City Planning Department. h. Accessory Equipment placement shall not materially impair light, air or views from adjacent windows. To the extent technically feasible, all Accessory Equipment shall be placed away from adjacent windows and the primary pattern of pedestrian and vehicular traffic. i. No Accessory Equipment shall feature any lighting, including flashing indicator lights, unless required by state or federal law. 3. Wiring Standards a. Exposed wiring on decorative poles is prohibited on any Small Wireless Communications Facility, Accessory Equipment or Accessory Equipment enclosure. b. Transmission, fiber, power cables and any other wiring shall be contained within any utility pole for which such concealment is technically feasible. If wiring cannot be contained within the utility pole, all wiring shall be contained within conduit or U-guard that is flush-mounted to the utility pole. c. All wiring shall be installed without excessive slack or extra cable storage on the utility pole. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 5 of 10

d. Any conduit or U-guard shall be of a color that reasonably matches the utility pole to which the Small Wireless Communications Facility is attached. e. Loops of extra wiring shall not be attached to any utility pole. SECTION IV. POLE STANDARDS 1. Replacement Utility Poles. a. Any replacement wireless support structure shall comply with the following requirements to the extent that the requirements do not conflict with the standards and requirements of the owner of the wireless support structure being replaced: i. The maximum height of any proposed replacement utility pole shall be: 1) no more than ten (10%) percent taller than the tallest existing utility pole in the public rights-of-way within a two hundred fifty (250) foot radius of the proposed Small Wireless Communications Facility; or 2) fifty (50) feet above ground level, whichever is greater. ii. Any replacement utility pole shall be of comparable materials and design to the existing utility pole. All attachment hardware will match, as much as possible, to the color of the pole being installed. iii. Any replacement utility pole shall be placed within five (5) feet of the existing utility pole being replaced. iv. Any replacement utility pole shall be designed to accommodate all uses that existed on the existing utility pole prior to replacement. As part of an application for a Small Wireless Communications Facility, the applicant shall provide documentation from a structural engineer licensed in the State of Delaware confirming that the replacement utility pole, Small Wireless Communications Facility, and prior existing uses shall be structurally sound. v. Any replacement utility pole shall not deviate from the predominant pattern of existing adjacent structures. b. Replacement of any City-owned utility pole shall comply with the following requirements: i. Any existing City-owned utility pole requiring replacement that is currently utilizing a concrete base will have the concrete base removed and replaced with a steel screw in foundation. ii. City owned poles requiring replacement that contain lighting attached with davit arms must allow for the installation of the same lighting configuration on the new pole. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 6 of 10

iii. Replaced City-owned poles will be capable of supporting davit arms for lights and if the original arm cannot be installed on the new pole, a new arm will be provided by the applicant. 2. New SCWF Poles a. The maximum height of any new SCWF pole shall be: 1) no more than ten (10%) percent taller than the tallest existing utility or SCWF pole in the public rights-of- way within a two hundred fifty (250) foot radius of the proposed Small Wireless Communications Facility; or 2) fifty (50) feet above ground level, whichever is greater. b. Any new pole shall be installed in accordance with the predominant pattern of existing adjacent structures. c. New poles shall be of the same or similar material and color of existing adjacent structures. d. To the extent technically feasible, no new SCWF pole shall be installed: i. Directly in front of any building entrance or exit so that it would interfere with ingress or egress; ii. Directly in front of a window of any residential structure; iii. Within ten (10) feet of the edge of any driveway; iv. In the public rights-of-way directly opposite any driveway; v. In a manner that unreasonably increases visual clutter or disorganization of utility infrastructure along the street; or vi. In violation of the design standards contained herein. 3. Decorative Poles: a. Decorative Poles shall be required for the replacement of any existing Decorative Pole; b. Decorative poles shall be required in any portion of the City where all utility installations are required to be installed underground on a non-discriminatory basis pursuant to Section 110-31 of the City Code, unless not technically feasible. c. For any replacement Decorative Pole, the new Decorative Pole shall match the existing Decorative Pole in shape, design, color, and material. d. All replacement Decorative Poles shall comply with the requirements of Section III (1) of this Design Manual. SECTION IV. REVIEW AND APPROVAL Applicants are encouraged to participate in a pre-application meeting with City Planner or designee in order to discuss any location, aesthetic or safety concerns of the City with respect to the proposed SWCF. The City Planner shall consult with the City Manager, the Dover Electric Department, the City Public Works Department and any other applicable City departments and shall advise the applicant of any findings or recommendations. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 7 of 10

The City Planner shall create a checklist to be used to determine the requirements for submittal of a “Complete Permit Application.” Minimum Information Required for Permit: i. Name and address of applicant, including contact person ii. Address of the proposed SWCF which may be street address, parcel number, or other definitive location as may be relevant to the location. iii. Physical geographic coordinates (GIS format) iv. Design and construction details v. Complete application including any ROW or Attachment permit documents The City Planner shall reasonably determine whether a proposed Small Wireless Communications Facility design complies with the requirements of this Design Manual. The City Planner may impose such additional, reasonable conditions as determined by the City to minimize the impact of the Small Wireless Communications Facility on the neighborhood in which to be located. Any requests for a variance from the requirements of this Design Manual shall be considered on a case-by-case basis by the City Planner and shall be approved upon a determination that such variance is in the best interests of the City or necessary to avoid the effective prohibition of wireless service pursuant to the Rules of the Federal Communications Commission. Upon approval of a design for a Small Wireless Communications Facility requiring a variance from the requirements of this Design Manual, such design shall be incorporated by reference into this Design Manual as a Prior Approved Design. A Small Wireless Communications Facility Building Permit will not be issued until a ROW Use Permit Agreement and/or City of Dover Pole agreement are approved and in place. A record of Approved Designs shall be kept on file at the City Planning and Inspections Office. SECTION V. APPROVAL TIMING Approval timing shall be as set forth in Section 23.57 of the City of Dover Wireless Communications Facilities Code (Appendix B- Zoning, Article 5, Section 23). Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 8 of 10

Small Wireless Communications Facility Design Checklist The information detailed in the following checklist shall be included with any application for a Small Wireless Communications Facility: Item Description Included in Application? Yes No Cover Letter • The application shall include a cover letter detailing the location of the proposed site, all equipment being proposed, and a certification that the applicant has included all information required by the City Code. Site Plan • Site plan shall show all proposed equipment associated with the Small Wireless Communications Facility. • The manufacturer and model, proposed location, and dimensions of each piece of equipment should be clearly shown. • Before and after diagrams of the proposed site showing the dimensional changes shall be included. • If the proposed utility pole supports existing attachments, the site plan shall show the location and dimensions of all such attachments. • If installation of a new utility pole is being proposed, the site plan shall include the color, dimensions, material and type of utility pole proposed. • The site plan shall show the location of any existing structures within one hundred (100) feet of the proposed location, including but not limited to residential structures, commercial structures, light poles, traffic signals, traffic signage, and existing utility poles. Photo • Photo simulations shall depict the Small Simulations Wireless Communications Facility from at least two locations near the proposed site. • The photo simulations should reflect the proposed design and location of all Accessory Equipment associated with the Small Wireless Communications Facility. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 9 of 10

Paint • Accessory Equipment shall be painted a color that reasonably matches the utility pole upon which such Accessory Equipment is mounted. • Application shall detail the proposed painting of any Accessory Equipment necessary to achieve aesthetic uniformity of the site. Wiring • All proposed wires associated with the Small Wireless Communications Facility shall be clearly shown. • A depiction and description of the concealment methods to be utilized for the wiring shall be included. • No exposed wiring is permitted. Signage • Signage shall be posted in a readily visible location and identify the owner’s permit number and the name and phone number of a party to contact in the event of an emergency. • If required, FCC-mandated signage is permitted. Applicant shall identify such signage in its application. Right-of-way • Application for permit/permit # Placement • Line of sight is not impaired Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 10 of 10

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2020-11 WITH COMMITTEE AMENDMENT #1 (CA#1) Committee amendments are indicated in green font 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division 1 - Generally 4 of the Dover Code be amended by inserting the text indicated in blue and deleting the text indicated 5 in red, strikeout as follows: 6 ARTICLE II. - FIRE DEPARTMENT 7 DIVISION 1. - GENERALLY 8 Sec. 46-41. - Created; purpose. 9 There is hereby created a city fire department, which shall protect and prevent against the hazard of 10 fire. Robbins Hose Company No. 1, Inc., is hereby recognized and designated as the fire company 11 of the city in accordance with the city Charter and this Code. 12 (Code 1968, § 2-45; Code 1981, § 7-16; Ord. of 4-9-1990) 13 Sec. 46-42. - Control; board of directors. 14 (a) City council. The city council shall have general control of the fire department and 15 shall enact rules and regulations to govern its conduct. 16 (b) Board of directors. The fire department shall have a board of directors or other 17 governing body, which shall control and prescribe rules for the maintenance and use 18 of all fire department apparatus in its custody, provided such rules shall not be in 19 conflict with any provision of this Code. 20 The Fire Chief and President of the Fire Department will be the liaisons from the Fire Department 21 to the City of Dover. Any rules and regulations will be negotiated between the Fire Department and 22 City of Dover and approved by the Fire Department membership and City Council. 23 (Code 1968, § 2-46; Code 1981, § 7-17) 24 Sec. 46-43. - Semiannual inspections. 25 In the months of April and October of each year, the city manager shall inspect the fire department 26 with the Fire Chief and President, make inquiries as to the standing and efficiency of the fire 27 companies, investigate the capabilities of the officers of the fire department and the operators of fire 28 department apparatus, and make a report to the city council, in writing, stating the results of his their 29 inspection and investigation and making those recommendations which he they may deem proper. 30 (Code 1968, § 2-47; Code 1981, § 7-18)

Ordinance #2020-11 - Page 2 31 Sec. 46-44. - Right to use of fire apparatus in emergency. 32 (a) Duty of fire chief. Upon the request of the city manager or his authorized agent, the 33 fire chief shall call to his use and assistance any apparatus in the fire department 34 which is maintained, in whole or in part, by the city in any fire-related emergency 35 arising within the city. 36 (b) Return of apparatus. The apparatus shall not be kept away from the firehouse where 37 it is usually kept longer than is necessary to abate the emergency. 38 (Code 1968, § 2-48; Code 1981, § 7-19) 39 Sec. 46-45. - Failure to answer alarms, orders and perform duties orderly. 40 (a) Duties of companies and members. It shall be unlawful for any active fire company 41 in the fire department not to respond to all fire alarms unless excused by the fire 42 chief. It shall be unlawful for any active member or officer of any fire company in the 43 fire department to refuse to obey the orders of a superior officer or to engage in 44 riotous or disorderly conduct while required to perform lawful duties. 45 (b) Penalties. Violations of this section shall be punishable as provided in Appendix 46 F—Fees and Fines or by suspension from the fire department by the fire chief, or 47 both. Violation of this section by the fire chief shall be punishable as provided in 48 Appendix F—Fees and Fines or by suspension from the fire department by the city 49 council, or both. 50 (Code 1968, § 2-65; Code 1981, § 7-20; Ord. No. 2009-09, 6-22-2009) 51 Sec. 46-46. - Appeal of suspension. 52 Upon suspension from the fire department, the suspended member, officer or fire company shall 53 have the right to appeal to the city council, which, upon giving notice and an opportunity to be heard 54 to those persons concerned, shall confirm the suspension or reinstate the member, officer or fire 55 company. 56 (Code 1968, § 2-66; Code 1981, § 7-21) 57 Sec. 46-47 46-44. - Interference with discharge of duty. 58 It shall be unlawful for any unauthorized person to break through the established fire barriers at a 59 fire, to refuse to move from within the fire barriers or to, in any manner, interfere with or hinder any 60 member of the fire department in the discharge of his their duties. 61 (Code 1968, § 2-67; Code 1981, § 7-22) 62 Secs. 46-48 45—46-70. - Reserved.

Ordinance #2020-11 - Page 3 63 That Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division 2 - Officers 64 of the Dover Code be amended by inserting the text indicated in blue and deleting the text indicated 65 in red, strikeout as follows: 66 DIVISION 2. - OFFICERS 67 Sec. 46-71. - Generally. 68 The officers of the fire department, from highest rank to lowest rank, shall respectively be fire chief, 69 deputy fire chief, four assistant fire chiefs, and two fire captains. 70 (Code 1968, § 2-50; Ord. of 10-25-1976; Code 1981, § 7-31; Ord. of 6-14-1993) 71 Sec. 46-72. - Annual appointment by council. 72 The fire chief, the deputy fire chief, the assistant fire chiefs and the fire captains shall be 73 appointed each at the first regular city council meeting in December by the city council. The 74 appointments shall be made from the duly elected nominees of each fire company as provided in 75 section 46-77. If, however, the city council deems the nominees or any one of them unsatisfactory, 76 it may refuse to appoint those nominees and instead may order a special election in accordance with 77 the provisions of this article to choose another nominee or slate of nominees. 78 (Code 1968, § 2-54; Ord. of 10-25-1976; Code 1981, § 7-32; Ord. of 6-14-1993) 79 Sec. 46-73. - Qualifications. 80 (a) Nomination. No person shall be considered a candidate for nominee election as fire 81 chief, deputy fire chief, fire captain or assistant fire chief unless he they shall have 82 been regularly nominated for that office and his their name shall appear upon the 83 official ballot for that office at the nominee election. 84 (b) Prerequisites; exception. The fire chief, deputy fire chief, assistant fire chiefs, and 85 fire captains shall be at least 25 years of age, residents of the Robbins Hose Company 86 Fire District, as defined by the county firefighter's association, and shall be active 87 members for at least three years, in good standing, in the fire department. The three- 88 year membership is waived, however, if the nominee's fire company has not been in 89 existence for that long a period follow the Constitution and By Laws of the Robbins 90 Hose Company. 91 (Code 1968, § 2-55; Ord. of 10-25-1976; Code 1981, § 7-33; Ord. of 6-14-1993) 92 Sec. 46-74. - Terms. 93 (a) Calendar year. The fire department officers shall serve from January 1 immediately 94 following their appointment until the following December 31 the Tuesday after the 95 first City Council meeting in December until the following Tuesday after the first 96 City Council meeting in December, except that an appointee to fill a vacancy shall 97 assume the post upon qualification.

Ordinance #2020-11 - Page 4 98 (b) End of service. If a successor has not been elected and qualified for office at the 99 expiration of an officer's term, then the incumbent shall serve until his successor is 100 duly elected and qualified. 101 (Code 1968, § 2-56; Code 1981, § 7-34) 102 Sec. 46-75. - Date of election of nominees. 103 The election of nominees for fire department officers shall be held each year on the third Monday 104 in November. 105 (Code 1968, § 2-57; Code 1981, § 7-35) 106 Sec. 46-76. - Notice of election of nominees. 107 The city clerk Fire Department Secretary shall notify the various fire companies of the 108 election of nominees for fire department officers at least one week before the nominee election is 109 to be held, stating the time and place of the election. A copy of the notice shall at once be placed on 110 the bulletin boards of the respective firehouses by the secretaries of the fire companies. 111 (Code 1968, § 2-58; Code 1981, § 7-36) 112 Sec. 46-77. - Election and voting regulations for nominees. 113 Each fire company shall conform to the following regulations for the conduct of nominee elections 114 for fire department officers: 115 (1) Membership list. At least two days one week before the nominee election, each fire 116 company shall send the fire department secretary and fire recorder shall post a list of 117 its active members in good standing to the city council. These lists shall be certified 118 by the president and secretary of each fire company, shall be under seal and shall be 119 used by the judges of the nominee election to determine qualified voters. 120 (2) Where and how election held. The nominee election shall take place at a firehouse 121 designated by the city council fire department president and shall be conducted by 122 three judges appointed by the city council fire department president for that purpose. 123 (3) Eligible voters. The nominee election judges shall not permit anyone to vote whose 124 name is not on one of the lists mentioned in subsection (1) of this section. If a 125 member's name appears on the lists, but it is proven to the satisfaction of the judges 126 that he does they do not meet the requirements of active membership, then that 127 person shall cast a challenged ballot. The term "active membership," for the purposes 128 of this section, shall mean a member who has responded to at least 125 of the alarms, 129 by way of attendance, during the year immediately preceding the certification of the 130 voting list and is in the category of active and life membership within the fire 131 department. This requirement is waived for any member who was on active duty in 132 the military service during any portion of that year and who is otherwise in good 133 standing with his individual fire company.

Ordinance #2020-11 - Page 5 134 (4) Secret ballot. The nominee election shall be by secret ballot and each voter shall have 135 only one vote for each of the open nominee positions. 136 (5) When polls open. Polls shall open at 7:00 p.m. and shall close at 9:00 8:00 p.m. 137 (6) Absentee voting. Absentee voting shall be permitted in accordance with the procedure 138 adopted for absentee voting at regular municipal elections contained in chapter 34, 139 article III Follows the Constitution and By Laws of the Robbins Hose Company. 140 (Code 1968, § 2-59; Code 1981, § 7-37; Ord. of 10-12-1982; Ord. of 8-14-2000; Ord. No. 2017-07, 141 6-26-2017) 142 Sec. 46-78. - Certification of results of nominee election. 143 Immediately after the close of the nominee election polls, the election judges shall tally and certify 144 the results of the nominee election. The ballot box, together with the ballots, judges' certification and 145 tally sheet, shall be sealed and delivered within 24 hours, to the city clerk. The city manager, or in 146 his absence, the city clerk, The city clerk shall submit the results of the election, together with the 147 accompanying materials, to the city council at its next regular meeting following the election. 148 (Code 1968, § 2-60; Code 1981, § 7-38) 149 Sec. 46-79. - Special nominee elections. 150 If the city council shall order a special nominee election, to be held as provided in section 46- 151 72, in order to replace a person the city council refused to appoint, that special nominee election shall 152 be held at the time fixed by the city council Fire Department President and in the same manner as 153 the regular nominee elections are held. At the special election, the person whom the city council 154 refused to appoint shall not be voted for and any ballot cast for him them shall not be counted. 155 (Code 1968, § 2-62; Code 1981, § 7-39) 156 Sec. 46-80. - No contestants. 157 If there are no contestants available for any one of the fire department offices and this fact 158 is certified by the president and secretary of each of the fire companies, then the city council shall 159 appoint those officers without holding the nominee election. 160 (Code 1968, § 2-62; Code 1981, § 7-40) 161 Sec. 46-81. - Election to fill vacancy. 162 Whenever the office of fire chief, deputy fire chief, fire captain or assistant fire chief shall 163 become vacant through the resignation, death, absence or disability of any person holding that office, 164 the vacancy shall be filled by an election held by the qualified fire company members affected by 165 the loss of command. The election shall be held in the same manner and form as other elections of 166 the fire department, in accordance with the provisions of this division. 167 (Code 1968, § 2-63; Ord. of 10-25-1976; Code 1981, § 7-41)

Ordinance #2020-11 - Page 6 168 Sec. 46-82. - Powers and duties of fire chief. 169 The fire chief shall: 170 (1) Control at fires. Have full control of the fire department at all fires. 171 (2) Assignment of duties. Assign to each fire company their respective duties, when 172 necessary. 173 (3) Dismissal. Dismiss firefighters when their services are no longer required. 174 (4 3) Implement rules. Implement those rules which the city council may approve for the 175 regulation and management of the fire companies at fires, and for going to and 176 returning from fires. 177 (5 4) Attend fires. Be present at all fires and, at those times, wear a suitable badge or dress 178 whereby his office may be readily recognized. 179 (6 5) Summon police. Have the authority to summon the police to maintain order and protect 180 property during the continuance of fires. 181 (7 6) Barriers. Cause barriers to be placed across the streets and sidewalks to prevent 182 accidents and interference with the workings of the fire department and to admit no one 183 within the enclosed limits, except equipped firefighters, the police and, in his their 184 discretion, those persons immediately interested in the property. 185 (8 7) Demolish buildings. Have the power, when it is, in his their opinion, absolutely 186 necessary to stop the spread of a conflagration, to cause to be pulled down or blown up 187 those buildings that shall be required to be removed. 188 (9 8) Enter private property. Have the power to cause those members of the fire department 189 that he they shall deem proper, with the apparatus that shall be necessary, to enter upon 190 any private property for the purpose of extinguishing a fire. He They may cause those 191 fences or other obstructions to be removed that he they may deem necessary. 192 (Code 1968, § 2-51; Code 1981, § 7-42) 193 Sec. 46-83. - Submission of annual report to city council. 194 The fire chief and president shall present the city council with a report at its annual meeting, which 195 shall state the number of fires occurring during the past year, their causes and the monetary losses 196 resulting as nearly as can be ascertained, the number of active members in the fire department, the 197 number of feet of hose and the conditions of the apparatus and hose of each fire company fire 198 suppression and administrative activities of the department. 199 (Code 1968, § 2-33; Code 1981, § 7-43)

Ordinance #2020-11 - Page 7 200 Sec. 46-84. - Powers and duties of deputy fire chief, assistant chiefs and fire captains. 201 (a) In the absence of the fire chief, the deputy fire chief, and the assistant fire chiefs, a fire 202 captain, who shall be predetermined by the fire chief, shall assume the powers and 203 duties and be obeyed accordingly. 204 (b) In the absence of the fire chief, the deputy fire chief, and the assistant fire chiefs, the 205 fire captain shall then assume the powers and duties and be obeyed accordingly. 206 (c) It shall be the duty of the deputy fire chief, the assistant fire chiefs, and the fire captain 207 to be present at all fires and to assist the fire chief in the discharge of the duties of his 208 office. 209 (Code 1968, § 2-52; Ord. of 10-25-1976; Code 1981, § 7-44; Ord. of 6-14-1993) 210 Sec. 46-85. - Violation of election regulations. 211 Any fire department member who shall violate any of the election regulations of this division shall 212 be reported to the city council for appropriate action. If, upon investigation, the fire department 213 member is declared guilty of violating the same, he they may be suspended from membership in his 214 their fire company. 215 (Code 1968, § 2-64; Code 1981, § 7-45) 216 Secs. 46-8685—46-120. - Reserved. 217 ADOPTED: * 218 S:\ORDINANCES\2020\DRAFT\ORDINANCE #2020-11- CH 46 FIRE PREVENTION AND PROTECTION\ORDINANCE #2020-11 - CH 46 FIRE PREVENTION AND PROTECTION 1ST 219 READING.wpd 220 SYNOPSIS 221 The amendments will align the Dover Code with the Constitution and By Laws of the 222 Robbins Hose Company. 223 (SPONSORS: HARE, LINDELL, NEIL AND TAYLOR) 224 Actions History 225 09/28/2020 - Scheduled for First Reading - City Council 226 09/15/2020 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee