REGULAR

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held by video conference on January 11, 2021 at 7:33 p.m. with Council President Hare presiding. Council members present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord, Mr. Harline, Mr. Hugg, Mr. Rodriguez (arrived at 7:40 p.m.), and Mrs. McDowell. Mayor Christiansen was also present. The invocation was given by Mayor Christiansen, followed by the Pledge of Allegiance. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Rocha and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 14, 2020 The Minutes of the Regular Council Meeting of December 14, 2020 were unanimously approved by motion of Mr. Neil, seconded by Mr. Rocha and bore the written approval of Mayor Christiansen. CERTIFICATE OF RECOGNITION - DEPUTY FIRE MARSHAL MATTHEW BROWN The City Clerk read the following Certificate of Recognition into the record: CERTIFICATE OF RECOGNITION presented to MATTHEW BROWN On September 23, 2020, Deputy Fire Marshal Matthew Brown received a citizen complaint regarding a candle catching fire and exploding. Upon receiving the complaint, Deputy Fire Marshal Brown compiled all the necessary information and requested permission to go to the business within the City of Dover and purchase the candles in question. Along with his colleagues, Deputy Fire Marshal Brown conducted a test and discovered that the candle in question ignited into a flame reaching 6 inches tall and a temperature of 800 degrees. Due to the test burn, a Notice of Violation was issued to have the candles removed from the business within the City of Dover. Deputy Fire Marshal Brown then reached out to the State of `Delaware Fire Marshal's Office, submitted his findings on SaferProducts.gov, and was in contact with the attorney representing the company that manufactured the candles. The company is now engaged in a volunteer recall with the Consumer Safety Commission. Following this submission, Deputy Fire Marshal Brown was contacted by SaferProducts.gov and advised that the issue had been duplicated and that there was a voluntarily worldwide recall on the candle.

CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 2 With Deputy Fire Marshal Matthew Brown's dedication to the safety of the City of Dover residents, he has without a doubt saved property loss and possibly lives around the world. The City of Dover extends sincere appreciation to Matthew Brown for his outstanding public service. On behalf of the Mayor and Council, Council President Hare thanked Deputy Fire Marshal Brown for his due diligence and excellent work. Mr. Brown thanked members for the recognition and noted that it was the team effort of their whole office. He stated that he could not have done it without his partners and supervisor, Jason Osika, as well as the support of Mr. Hugg. MAYOR ROBIN R. CHRISTIANSEN VETO - ADOPTION OF ORDINANCE #2020-05 AMENDING CHAPTER 22 - BUILDINGS AND BUILDING REGULATIONS, ARTICLE IX - LODGINGHOUSES; ARTICLE X - RENTAL DWELLINGS; APPENDIX B - ZONING; AND APPENDIX F - FEES AND FINES During their Regular Meeting of December 14, 2020, by a unanimous roll call vote, Council adopted Ordinance #2020-05 amending Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses; Article X - Rental Dwellings; Appendix B - Zoning; and Appendix F - Fees and Fines. On December 21, 2020, the City Clerk received a letter from Mayor Robin R. Christiansen disapproving the motion, which stated: “Dear Mr.President: First let me commend the members of Council and City staff for addressing the matter of short-term rentals in our neighborhoods. It is a matter that needed to be address in earnest. Having said that, I am hereby vetoing the approved item No. 4A during the regular Council meeting of December 14, 2020 in accordance with the authority granted to the Mayor in the code. That item is #2020-05 Amending Chapter 22 - Buildings and Building Regulations, Article 1 X - Lodginghouses; Article X - Rental Dwellings; Appendix B - Zoning; and Appendix F - Fees and Fines. I firmly believe it is the responsibility of Mayor and Council to protect and preserve the value and tranquility of the property owners throughout the City. It is still my belief that these short-term rentals are a business and should be approved as such by going through the conditional use approval process reviewed by the Planning Commission and approved by Council. I believe this is the right thing to do. In addition, I firmly believe that the number of consecutive rental days should not exceed 10 as I believe it would be easier to monitor and enforce. A conversation needs to take place regarding if the property should be occupied by the owner when not on a short-term rental agreement. We also need to discuss a means to be able to have a local contact person with a current phone number and email address in case any concerns should arise, this needs to be evaluated and updated every 6 months.

CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 3 Finally, I believe as a maintenance of standards and fairness, these properties should be subject to the Lodging Tax just as other Hoteliers are required to be taxed. I hope that these issues can be revisited, and the ordinance modified and strengthened to the satisfaction of all parties. Respectfully Yours, Robin R. Christiansen Mayor, City of Dover” Mr. Neil moved to reaffirm previous Council action to adopt Ordinance #2020-05 amending Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses; Article X - Rental Dwellings; Appendix B - Zoning; and Appendix F - Fees and Fines. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote. [Approval of the motion requires a 2/3 majority vote (six affirmative votes) since the original motion was vetoed by Mayor Christiansen]. CO UNCI L COMM I T T E E O F T H E WH O L E REPO RT - DECEMBER 15, 2020 The Council Committee of the Whole met by video conference on December 15, 2020 at 6:00 p.m., with Council President Hare presiding. Members of Council present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor (arrived at 6:05 p.m.), and Mr. Lindell. Mayor Christiansen was also present (arrived at 6:40 p.m.). Civilian members present for their Committee meetings were Mr. Caldwell (arrived at 6:19 p.m.) and Col. Dix, Retired, (Parks, Recreation, and Community Enhancement), Ms. Maucher (Utility), and Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration). UTILITY COMMITTEE The Utility Committee met with Council President Hare presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Purchase of Sourcewell Trucks (Actionable Item) Mr. Matthew Harline, Acting City Manager, advised that, due to a delay in amending the purchasing policy regarding cooperative purchasing over $200,000, Staff’s recommendation was to defer this item to a significantly later date. Mr. Sudler moved to defer this item to a future Utility Committee meeting, seconded by Mr. Neil and unanimously carried.

CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 4 Ms. Maucher moved for adjournment of the Utility Committee meeting, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 6:03 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. Emergency COVID-19 Relief Economic Retention Electric Fund (Actionable Item) Mr. Matthew Harline, Acting City Manager, reviewed the background and analysis regarding the Emergency COVID-19 Relief Economic Retention Electric Fund. Staff recommended that if the Committee determines that the program should be pursued, Staff should be directed to finalize the application materials and institute the program for allocations beginning January 12, 2021 and running until all funds are awarded. Responding to Mr. Sudler, Ms. Patricia Marney, Customer Service Director, stated that the turnaround time from when a small business applies until they receive the services would be no more than five business days. Responding to Mr. Taylor, Ms. Marney advised that it would be handled in-house by applying a credit to the business’ outstanding utility bill. She stated that no funds would be dispersed to the business itself and that it could only be used for the utility bills. Responding to Mr. Contant, Ms. Marney provided the following information: • They currently have 3,500 business accounts and out of that number, only 55 have balances greater than 60 days past due, so they have a limited number of commercial customers that would qualify for the program. • They would like to cap the amount at $5,000 per customer, not necessarily per service location. Based on Ms. Marney’s analysis they have a very limited number of commercial customers that run the risk of disconnection. • It would be limited to up to $5,000 and they would review the customer’s history for the last 12 months of 2019.

CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 5 • Regarding the requirement that the business would have to qualify for other COVID-19 relief, the City would ask the business to provide a letter that states that they qualify, even if they have not previously applied for relief through other programs. • Customer Service has a listing from the State of Delaware for businesses that qualified for the Paycheck Protection Program, which is similar to what they are doing with the COVID Extended Payment Agreements. • They have a listing of business classifications that were closed by the State and could use that as a determination. Responding to Mr. Lindell, Mr. Harline stated that in the event that they receive any state or federal funding they could use some of that money to backfill this funding just to hedge against any possible losses. Mr. Anderson moved to recommend approval for Staff to finalize the application materials and institute the program for allocations beginning January 12, 2021 and running until all funds are awarded, as recommended by Staff. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Rocha and carried by a unanimous roll call vote. Mr. Anderson moved to recess the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Neil and unanimously carried. The Legislative, Finance, and Administration Committee Meeting recessed at 6:19 p.m. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Lindell moved for adoption of the agenda. The motion was seconded by Mr. Neil and carried with Col. Dix voting no.

CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 6 Review of Active Recreation Area Plans (Request for Cash-in-Lieu) - Bay Pointe Apartments - 1080 and 1106 Bay Road and Adjacent Unaddressed Parcel on Bay Road (Planning Reference #C-20-05) (Actionable Item) Mr. Dave Hugg, Director of Planning and Community Development, and Mrs. Dawn Melson-Williams, Principal Planner, reviewed the active recreation area plans (request for cash-in-lieu) at Bay Pointe Apartments - 1080 and 1106 Bay Road and Adjacent unaddressed parcel on Bay Road (Planning Reference #C-20-05). Staff recommended acceptance of the proposed Recreation Amenities and a Cash-in-lieu of Active Recreation Area Construction Donation of $30,084 for the deficit of 6,679 SF of the required 10,000 SF of Active Recreation Area. The proposed amenities, in combination with the Cash-in-lieu fee, complies with the requirements of the Zoning Ordinance. Responding to Mr. Anderson regarding the target audience, Mrs. Melson-Williams stated that the applicants gave the Planning Office some indication that, due to the proximity with Dover Air Force Base, that was likely some of their potential tenants for the facility. She stated that the zoning ordinance does not limit who the applicants can rent to, but they are expected to be some type of market rate apartments. Responding to Mr. Neil, Mrs. Melson-Williams stated that the closest City park of substantial size may be Dover Park. She noted that there may be some other smaller park areas and that the closest recreation amenity is part of the St. Jones Greenway Trail System, however, it is on the other side of Route 1 from the project site. Responding to Mr. Caldwell, Mrs. Melson-Williams stated that the property is within City limits so the Dover Police Department would cover the whole territory, noting that it would be no different than any other apartment complex in the City. She advised that it will have fire lanes and appropriate addressing. Mr. Lindell moved to recommend acceptance of the proposed Recreation Amenities and a Cash-in-lieu of Active Recreation Area Construction Donation of $30,084 for the deficit of 6,679 SF of the required 10,000 SF of Active Recreation Area, as recommended by Staff. The proposed amenities, in combination with the Cash-in-lieu fee, complies with the requirements of the Zoning Ordinance. The motion was seconded by Mr. Neil and unanimously carried. (Planning Staff Note: The Planning Commission considered the Conditional Use Site Plan Application C-20-05 Bay Pointe Apartments at 1080 and 1106 Bay Road at their Meeting on December 21, 2020 and took action to deny the Application. Therefore, action on the associated Active Recreation Plan and Request for Cash-in-Lieu as previously proposed is not required.)

CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 7 Mr. Neil moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting. The motion was seconded by Mr. Hare and carried unanimously. Meeting adjourned at 6:36 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee reconvened at 6:37 p.m. with Chairman Lindell presiding. Quarterly Reviews (July, August, and September) - Police Training Budget (Informational Item) Police Chief Thomas Johnson provided a quarterly review for the Police Training Budget, as follows: • Due to COVID-19 and the training providers not having the capacity to switch to a virtual environment, much of the scheduled training for the first half of FY21 has not occurred. They were fortunate to have some training conducted in a virtual environment. • They are preparing to meet with Mr. Matthew Harline, Acting City Manager, to reconcile some of the unexpected expenses that were related to the police academy startup, which was necessary to get the recruit training done for the officer’s deficit that they had. • They have a handshake agreement with Dr. Gary Vilke, a research and clinical practitioner in the San Diego area, to provide the anatomy and physiology use of force training. He is a risk management specialist and directs several emergency departments and several paramedic flight programs. Dr. Vilke has agreed to travel to Delaware in the spring, with tentative dates in the last week of May. Chief Johnson reminded members that a special allotment was provided for this training. • Dr. Vilke will be training the Dover Police Department over the course of four days, eight sessions, morning and afternoon, which will allow them to get the entire authorized strength through the training program. Depending on the COVID situation in late May, if the capacity exists to open this up for other Delaware law enforcement providers, they intend to do that to get as much force multiplication out of Dr. Vilke’s training expertise. They will attempt to recover as many dollars as they can appropriately through that mechanism. • The professional service fee for Dr. Vilke will be approximately three fifths of what Chief Johnson requested. A couple of officers will have to attend the training on their days off because they cannot completely drain patrol assets for

CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 8 a training event of that duration, but the vast majority of the officers will attend this training during their normal tour of duty. • The residual funds following completion of this training will be returned back to the City Manager's Office because they are probably going to have at the very minimum $10,000 leftover, so they will not need anywhere close to the entire allotment that was forwarded to the department to get the project going. Mr. Shevock moved for adjournment the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Neil and unanimously carried. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Neil and unanimously carried. Meeting adjourned at 6:45 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Rocha and carried by a unanimous roll call vote. MONTHLY REPORTS - NOVEMBER 2020 By motion of Mr. Neil, seconded by Mr. Rocha, 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 Police Chief's Report UPDATE ON CODE ENFORCEMENT AND CRIME MITIGATION - REED AND NEW STREETS Mr. Dave Hugg, Director of Planning and Community Development, advised that Code Enforcement has continued to monitor the Reed and New Street area and provided an update on December activity, as follows: • 8 South Queen Street - Expired business license was resolved when the owner renewed their business license. • 102 New Street - Vacant building without electricity - this unit was sold to NCALL. • 104B South State Street - Two violations, one involving insufficient or no gas service resulting in no heat, and the second involving junk, litter, and debris in the exterior areas. A second inspection was conducted December 30, 2020 due to non-compliance. Follow-up inspection was scheduled for January 11, 2021 and additional code enforcement action will be taken if necessary.

CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 9 • 2 South Queen Street - violation involving junk, litter, and debris from the exterior of the property - scheduled for review January 11, 2021 and additional code enforcement action will be taken if necessary. Mr. Hugg advised that in the same period of time in this target area, NCALL has successfully purchased 35 and 39 North New Street; 49 South Kirkwood Street (which has gone to demolition); The Elks Club, and the properties at 217, 225 and 235 North Kirkwood Street. He noted that there are demolition applications pending on some of those properties. Mr. Hugg advised that in the same time period in this target area, Central Delaware Habitat for Humanity purchased 127 and 133 South Queen Street and 13 South New Street. Mr. Sudler stated that he had been driving through Reed Street and New Street between the hours of 8:00 a.m. and 11:00 a.m. and noted that there has been a cluster of individuals sitting and a lot of debris and trash at the left corner of New Street when driving northbound from Loockerman Street. He also noted that the trash cans are overflowing and suggested that more, larger trash cans may be needed for the area near the apartment building. Mr. Sudler stated that he believed they needed to cite the property owners that are allowing individuals to just sit there and throw all the trash on the premises. He advised that they spent a lot of time cleaning up the community two or three weeks ago and they made a major difference. Mr. Sudler suggested that Code Enforcement could let property managers know that they could also be held accountable or cited for debris or people just loitering. He also suggested that the Chief of Police could provide more police presence to keep them from loitering. Mr. Hare thanked Councilmen Sudler, Anderson, Rocha and Taylor for the excellent job they did organizing the cleanup, noting that it really looked very good. Mr. Slavin stated that he believed that the property behind the former ACME building was owned by NCALL. He advised that two of the lots were purchased by the City and sold to NCALL and they now have a bundle of lots there where single family homes are supposed to be going up. Mr. Slavin noted that the property line for the Downtown Dover Partnership ends at the back of the former ACME building. He suggested that fencing off the lots and improving the lighting in those areas would be helpful in deterring loitering. Mr. Slavin requested Mr. Matt Harline, Acting City Manager, to marshal the forces of Public Works and the Electric Utility to do a walkthrough of those blocks to look at the need for repaving of sidewalks, possible striping of the streets, and LED lighting for that area. Responding to Mr. Taylor, Mr. Dave Hugg, Director of Planning and Community Enhancement, advised that he would follow-up the following day on the status of the house in the 800 block of Westview Terrace that was damaged by the tornado. Police Chief Thomas Johnson provided an update for the month of December, as follows: • 10 self-initiated property checks were performed by either patrol officers of community policing officers;

CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 10 • There were five events that involved three arrests and two significant reports; • A field contact led to a warrant arrest for someone with a violation of probation; • The Street Crimes Unit made a drug dealing arrest and that led to a search warrant at a property at another location, which yielded positive results; • There were a couple of disturbance incidents, including one firearm discharge, that they are continuing to investigate. Mr. Taylor asked if it were possible to consistently place the command post in the area for an hour or more a day over a period of time to flood the area with law enforcement. Responding, Chief Johnson stated that they were willing to try any strategy that would work and that he was not opposed to innovation or different ideas. He noted that identifying the right time of day would be important and advised that it could result in moving a quality of life problem or a disorderly problem from neighborhood to neighborhood, as well as around the clock. Chief Johnson noted that it could be difficult to generate enough resources to provide a sustainable law enforcement presence over the full waking hours of the day. He advised that they are taking the overarching strategy of asking the patrol and street crimes units to perform their functions at a disproportionate amount that they would be doing in other parts of the city, noting that everything is focused on New and Reed Streets. Mr. Taylor stated that he believed that if they collaborated with the Department of Health and Human Services and other entities the command post could be a beneficial presence and he believes that they need to use extraordinary means to make it safe. He stated that to ride by every day and see the exact same things over and over again, and then expecting something different to happen, was not a strategy he thought should be continued. Chief Johnson stated that he would invite Mr. Taylor to the next meeting of command staff to discuss ideas. Mr. Sudler concurred with Mr. Taylor and stated he would like to see a mobile police station or command station. He stated that they have faced these issues for at least 15 or 16 years and they cannot afford to continue to talk about it; they need to act on it. Mr. Anderson concurred and advised that he knew people who would be willing to help to bring resources in to help with issues of addiction if such a station were set up. ACTING CITY MANAGER'S ANNOUNCEMENTS Mr. Matt Harline, Acting City Manager, made the following announcements: • COVID-19 leave has been temporarily extended for those employees who have not yet used it and a policy will be presented at the next City Council meeting to extend that leave until June 31, 2021; • City offices will be closed to the public until March 8, 2021 with instructions to staff to increase operations so they will be at full strength to open in March, with a full open dependent on the data, the positivity rates, and the availability of the vaccine. Shifts are currently staggered to reduce the chance of sickness among staff and among families of staff and more vulnerable populations. No phones are going unanswered. • There have been 50 positive COVID-19 cases on staff so far with 40 occurring between October 28, 2020 and December 10, 2020.

CITY COUNCIL MEETING OF JANUARY 11, 2021 PAGE 11 COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Taylor announced that he would like for City Council to consider moving Council Members’ Announcements to the beginning of the meeting rather than at the end when they are in a rush. Mr. Taylor thanked the City departments, employees, the Central Delaware NAACP, the Chamber of Commerce, Downtown Development Partnership, and all the volunteer Committees for their work during 2020. Mr. Taylor announced that he would be bringing someone to speak about the COVID-19 vaccine during the next Safety Advisory and Transportation Committee meeting. He stated that he would also like to have Chief Johnson talk about safety throughout the community. Mr. Taylor announced that he would be changing the Safety Advisory and Transportation Committee agenda to accommodate monthly discussions. Mr. Slavin stated that they all made a commitment that they would have body cameras in the City and he request Mr. Taylor to include the discussion about body cameras and a citizen review body for the police department on his Safety Advisory and Transportation Committee agenda. Mr. Sudler stated that he concurred with Mr. Taylor about the meeting format and added that he would also like to see a monthly report from the Mayor regarding constituent issues. Mr. Lindell announced that he met with Chief Johnson three hours on a Friday night at the police station and he has been working on the body camera issue and he would be bringing something to the Legislative, Finance, and Administration Committee by the end of the month. Mr. Neil moved for adjournment, seconded by Mr. Anderson and unanimously carried. Meeting adjourned at 8:27 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of January 11, 2021 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2021\01-11-2021 REGULAR.wpd