REGULAR

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on March 14, 2022 at 6:30 p.m. with Councilman Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, and Mr. Taylor. Mr. Sudler was absent. Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Mrs. Melson- Williams, Mr. Rodriguez, and Mrs. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to commencement of the Official Council Meeting. Council President Sudler declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There were no members of the public that wished to speak during the Open Forum. INVOCATION The invocation was given by Elder Ellis Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Christiansen ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial 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. Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Boggerty and carried by a unanimous roll call vote. PROCLAMATION - DEVELOPMENTAL DISABILITIES AWARENESS MONTH The City Clerk read the following Proclamation into the record: WHEREAS, developmental disabilities are a group of conditions due to an impairment in physical, learning, language, or behavior areas. These conditions begin during the developmental period, may impact day-to-day functioning, and usually last throughout a person's lifetime WHEREAS, according to the Centers for Disease Control and Prevention (CDC) in the United States about one in six, or about 17%, of children aged 3 through 17 years have a one or more developmental disabilities.

CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 2 WHEREAS, this year's theme "Worlds Imagined" seeks to raise awareness about the inclusion of people with developmental disabilities in all aspects of community life, as well as awareness of the barriers that people with disabilities still face in connecting to the communities in which they live. WHEREAS, this year we will celebrate the 32nd anniversary of the Americans with Disabilities Act (ADA), which prohibits discrimination against all Americans with disabilities and codified the protection of their civil rights. WHEREAS, early intervention, education, employment, and home and community - based services are vital to people with developmental disabilities. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim March 2022 as Developmental Disabilities Awareness Month in the City of Dover and continue to strive towards diversity, equity, and inclusion to ensure all citizens are treated with dignity. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mr. Michael Harris, President, Ms. Kristen Harvey, Executive Director, Mr. Emmanuel Jenkins, Administrative Assistant of the Delaware Developmental Disabilities Council and Ms. Liliana Burgos and Ms. Deja Harris. PROCLAMATION - WOMEN'S "HERstory" (HISTORY) MONTH The City Clerk read the following Proclamation into the record: WHEREAS, this year's theme: "Women Providing Healing, Promoting Hope" is both a tribute to the work of care givers and frontline workers during this pandemic and as a recognition of the many ways that women of all cultures have provided both healing and hope throughout history. Women's History Month celebrates the historic achievement in granting women the right to vote and honor those who shaped America's history and its future. Our history is filled with examples of the unfailing bravery of women in America who have made vital contributions in the face of discrimination and hardship; and WHEREAS, often overlooked and undervalued, collectively women have influenced our public policy and the building of viable institutions and organizations. They led the way in establishing a stronger and more democratic country by advocating basic human rights to ensuring access and equal opportunity for all Americans; and WHEREAS, women as public leaders succeeded against great odds and the diversity of their experiences has demonstrated both the challenges and the opportunities women in public service have faced. During the pandemic, women continue to lead as vaccine researchers, public health officials, educators, and countless heroines on the front lines.

CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 3 NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim March 2022 as Women's "HERstory" (History) Month in the City of Dover and encourage all residents to honor and recognize the vital contributions made by women. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to the women who have served on City Council: Goldie Legates, Holly Malone, Beverly Williams, Tricia Arndt, and Julia Pillsbury, also posthumously recognizing Councilwomen Esther Frear and Sophia Russell. ANNEXATION/REZONING OF PROPERTY LOCATED AT 166 MIFFLIN ROAD Mrs. Dawn Melson-Williams, Interim Director of Planning and Community Development, reviewed the Petition to Annex and Rezone property. The Planning Commission recommended the annexation of the property with the zoning designation of R-8 (One-Family Residence), as submitted. Ms. Ernestine Huff, speaking on behalf of her annexation request, stated that she has lived at 166 Mifflin Road for almost 40 years and that, over the years, there has continued to be confusion on what police to call and what services are provided due to her home (166 Mifflin Road) being between two houses that are both within the city limits. She further explained that she feels that her water and sewer in particular needed to be changed. Public Hearing - Zoning Classification Members considered a request for the rezoning of property proposed for annexation located at 166 Mifflin Road, consisting of 25,000 sf., owned by Ernestine Huff. The property is currently zoned RS-1 - Single Family Residence (Kent County zoning classification) and the proposed zoning is R-8 - One-Family Residence (City of Dover zoning classification). A public hearing was duly advertised for this time and place to consider the rezoning of property located at 166 Mifflin Road, owned by Ernestine Huff. Acting Council President Hare declared the public hearing open. There being no one present wishing to speak, the public hearing was closed. Adoption of Annexation Resolution No. 2022-01 Members considered Annexation Resolution No. 2022-01 for property located at 166 Mifflin Road, owned by Ernestine Huff. By motion of Mr. Rocha, seconded by Mr. Neil, Council, by a unanimous roll call vote (Sudler absent), adopted Resolution No. 2022-02, as follows: A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the

CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 4 said City in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del.C.§ 101); and WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described, within the limits of the City of Dover; and WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all owners of all property considered for annexation, no election shall be required. For an annexation petition not requiring an election, such petition shall be processed in accordance with procedures established for amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All annexation petitions shall be processed concurrently with the rezoning of the property considered for annexation and shall be subject to public hearing before City Council. Public notice shall be completed in accordance with the provisions of the Dover Code relating to amendment of the zoning map. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, along with all adjacent paths, sidewalks, roadways, and rights-of-way in their entirety, shall be annexed to and included within the limits of the City of Dover: ALL that certain lot, piece or parcel of land with the improvements thereon situated in East Dover Hundred, Kent County, State of Delaware, lying on the west side of Mifflin Road, short distance south of Delaware Route 8; being all of Lot 8 as shown on a plan of Atlantic Land Co., Inc., and being more particularly bounded and described in accordance with a recent survey by Robert L. Larimore, RLS, dated March 11, 1999, as follows, to wit: BEGINNING at an iron rod found in the westerly line of Mifflin Road at a corner for this lot and for lot 7, said point being located 1,602.3 feet south of the intersection of the west line of Mifflin Road (60.00 feet wide) with the south line of Delaware Route 8 (60.00 feet wide); THENCE from said point of beginning along the westerly line of Mifflin Road South 24 degrees 25 minutes East 100.00 feet to a point in the westerly line of Mifflin Road at a corner for lot 9; THENCE along line of Lot 9 south 65 degrees 35 minutes West 250.00 feet to a point at a corner for lot 9 in line of lands now or formerly of Eugene B. Gagen; THENCE along line of lands of Eugene B. Gagen North 24 degrees 25 minutes West 100.00 feet to a point at a corner for lot 7;

CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 5 THENCE along line of Lot 7 North 65 degrees 35 minutes East 250.00 feet to the point of beginning and containing 25,000 square feet of land, be the same more or less. 2. That the above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs then in force, effective upon such lands being included within the limits of the City of Dover. 3. That the certified copy of this resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County. 4. That the effective date of this resolution shall be the 15th day of March, 2022 at 12:01 a.m. ADOPTED: MARCH 14, 2022 Final Reading/Adoption of Rezoning Ordinance #2022-01 Members considered Ordinance #2022-01, rezoning property located at 166 Mifflin Road, owned by Ernestine Huff. Mr. Neil moved that the Final Reading of Ordinance #2022-01 be acknowledged by title only, seconded by Mrs. Arndt and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of January 10, 2022.) Mr. Neil moved for approval of the rezoning, as recommended by the Planning Commission. The motion was seconded by Mr. Boggerty and, by a unanimous roll call vote (Sudler absent), Council adopted Ordinance #2022-01, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 166 MIFFLIN ROAD WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RS-1 Residential Single Family Zone (Kent County zoning classification) to R-8 - One Family Residence Zone (City of Dover zoning classification) and SWPOZ (Source Water Protection Overlay Zone). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from

CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 6 RS-1 - Residential Single Family Zone (Kent County zoning classification) to R-8- One Family Residence Zone (City of Dover zoning classification) and SWPOZ (Source Water Protection Overlay Zone) on that property located at 166 Mifflin Road (on the west side of Mifflin Road approximately 300 feet south of Woodmill Drive, consisting of 25,000 S.F., owned by Ernestine F. Huff. (Tax Parcel: ED-00-076.14-01-02.00-000; Planning Reference: AX-22-01; Council District: 1) ADOPTED: MARCH 14, 2022 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 28, 2022 The Minutes of the Regular Council Meeting of February 28, 2022 were unanimously approved by motion of Mr. Neil, seconded by Mr. Boggerty and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT - MARCH 1, 2022 The Council Committee of the Whole Meeting was held by video conference on March 1, 2022 at 6:02 p.m., with Council President Sudler presiding (departed at 6:58 p.m.). Members of Council present via video were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare. Mayor Christiansen was absent. Civilian members present for their Committee meetings were Mr. Shelton (Safety Advisory and Transportation) and Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration). Dr. Jackson Short (Safety Advisory and Transportation) was absent. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee met with Chairman Taylor presiding. Adoption of Agenda Mr. Rocha moved for adoption of the agenda, seconded by Mrs. Arndt and unanimously carried. Quarterly Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects - Marilyn Smith, Director Ms. Marilyn Smith, Director of Dover/Kent Metropolitan Planning Organization, reviewed the presentation of the Dover/Kent MPO quarterly briefing. Responding to Mr. Anderson, Ms. Smith stated the Dover Air Cargo Freight Study indicated five routes that could be addressed for freight traffic. The majority of the roads were designed as residential and farm roads, not to handle heavy freight and

CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 7 freight traffic. Ms. Smith noted that recommendations were made through the Dover Air Cargo Freight Study to make an easier and safer route for commercial traffic. One recommendation was for new sections of road to be built to better connect the Garrison Oak Business Park with Kent Aero Park and Route One. Ms. Smith advised that the recommendations that were made could be done one at a time or as one large phased project. Responding to Mr. Taylor, Ms. Smith stated Dover/Kent MPO has not completed any roundabout efficacy studies since she was hired. She also noted Delaware Department of Transportation would have further information on roundabout efficacy. Responding to Mr. Taylor, Ms. Smith explained she is continuing to research a federal grant to determine eligibility requirements for passenger rail and the federal grant would allow the Dover/Kent MPO to form a research team to study passenger rails and the viability in the area. Mr. Neil moved for adjournment of the Safety Advisory and Transportation Committee meeting, seconded by Mrs. Arndt and unanimously carried. Meeting adjourned at 6:33 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Anderson requested that Item #4, Report on Payment in Lieu of Taxes, be considered as Item #2. Mr. Hare moved for adoption of the agenda as amended, seconded by Mr. Neil and unanimously carried. Report on Payment in Lieu of Taxes (Dave Hugg, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background regarding the findings of Payment in Lieu of Taxes (PILOT). Mr. Contant suggested the City should pursue Senate Bill 83 and that city officials should seek to work with state representatives and senators to amend and remove anything but one hundred percent funding for the tax amount. He noted that the city has issues that need to be addressed and projects to bring to the people of the City of Dover. Mr. Contant also suggested that city officials should form a collective group of representatives and senators that represent Dover, Newark, and Georgetown.

CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 8 Mr. Neil agreed with Mr. Contant and stated the City should move on Senate Bill 83 and move quickly. Mrs. Arndt asked staff to factor based on the percentage of property rather than varying the percentage based on population and to further analyze what the numbers are with and without Newark. Mr. Neil moved to recommend that the City Manager and staff meet with State Representatives and Senators to move forward with amending Senate Bill 83. The motion was seconded by Mr. Anderson and unanimously carried. Evaluation of Bids - Trailer Mounted Generator (Jason Lyon, Director of Water and Wastewater) Mr. Jason Lyon, Director of Water and Wastewater, reviewed the background and analysis regarding the Evaluation of Bids for the Trailer Mounted Generator. Staff recommended awarding the contract to Fidelity Engineering, LLC d/b/a Fidelity Power Systems, for the City of Dover Trailer Mounted Generator, Bid #22-0022WW, for the amount of $151,672. Mr. Hare moved to recommend approval of staff's recommendation, seconded by Mr. Boggerty and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote (Sudler absent). Draft Annual Comprehensive Financial Report (Lori Peddicord, Controller/Treasurer) Mr. Remi Omisore, CPA, MBA, CISA, CIA, Clifton Larson Allan Wealth Advisors, LLC reviewed the background and analysis regarding the findings of the Annual Comprehensive Financial Report. Responding to Mr. Neil, Mr. Contant stated on page 17 of the Draft Annual Comprehensive Report, FLIR is an acronym for Forward Looking InfraRed. Mr. Hare moved to recommend acceptance of the Draft Annual Comprehensive Financial Report. The motion was seconded by Mr. Contant and unanimously carried. By consent agenda, Mr. Neil moved for acceptance of the Draft Annual Comprehensive Financial Report, seconded by Mr. Boggerty and carried by a unanimous roll call vote (Sudler absent).

CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 9 Mr. Hare moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Contant and unanimously carried. Meeting adjourned at 7:30p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Contant and unanimously carried. Meeting adjourned at 7:30 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Boggerty and carried by a unanimous roll call vote (Sudler absent). MONTHLY REPORTS - JANUARY 2022 By motion of Mr. Neil, seconded by Mr. Boggerty, 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 Fire Chief’s Report Police Chief’s Report QUARTERLY REVIEW OF CAPITAL INVESTMENT PLAN (CIP) (OCTOBER, NOVEMBER, AND DECEMBER) Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of December 31, 2021. By consent agenda, Mr. Neil moved for acceptance of the Quarterly Report for the Capital Investment Plan (CIP) as of December 31, 2021. The motion was seconded by Mr. Boggerty and carried by a unanimous roll call vote (Sudler absent). APPOINTMENT - ETHICS COMMISSION -4 YEAR TERM TO EXPIRE JULY 2026 Mayor Christiansen requested the appointment of Mr. John Sadlowski to the Ethics Commission (to fill the expired term of Robin Case - term to expire July 2026) By consent agenda, Mr. Neil moved for approval of the appointment of Mr. John Sadlowski to the Ethics Commission, as recommended by Mayor Christiansen. The motion was seconded by Mr. Boggerty and carried by a unanimous roll call vote (Sudler absent).

CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 10 SETTING OF PROPERTY ASSESSMENT APPEALS Staff recommended that the 2022 Property Assessment Appeals be scheduled for May 23, 2022 through May 27, 2022 from 9:00 a.m. until 4:00 p.m.; May 31, 2022 through June 3, 2022 from 9:00 a.m. until 4:00 p.m. (if needed); and one evening (if needed). The hearing times are subject to change. Mr. Neil moved for approval of the dates and times recommended by staff for the 2022 Property Assessment Appeals, seconded by Mr. Rocha and unanimously carried. (Mr. Sudler absent) CITY MANAGER'S ANNOUNCEMENTS None COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Anderson extended sympathy to the Pridemore Family for their loss. He also thanked the City of Dover and members of Council for the outreach of support after the passing of his mother-in-law Ms. Barbara Jones. Mr. Anderson wished Dr. Pillsbury a Happy Belated Birthday and reminded everyone that the St. Patrick’s Day Parade was this Saturday, March 19, 2022. He also suggested everyone check out Sweets and Treats studio’s Facebook page. Mr. Neil moved for adjournment, seconded by Mrs. Arndt and unanimously carried. Meeting adjourned at 6:53 p.m. ANDRIA L. BENNETT CITY CLERK-SELECT All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of March 14, 2022 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB S:\AGENDAS-MINUTES-PACKETS\Council-Minutes\2022\03-14-2022 REGULAR.wpd