REGULAR CITY COUNCIL

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on October 24, 2022, at 6:30 p.m. with Council President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Taylor, and Mr. Hare. Mr. Rocha was absent. Staff members present were Chief Johnson, Ms. Peddicord, Mr. Hugg, Ms. Gray, Mr. Rodriguez, Chief Carey, and Ms. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to the 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. INVOCATION The invocation was given by Elder Ellis B. Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Taylor. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury, and unanimously carried (Rocha absent). 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 Dr. Pillsbury, and carried by a unanimous roll call vote (Rocha absent). ADOPTION OF MINUTES -REGULAR COUNCIL MEETING OF OCTOBER 10, 2022 The Minutes of the Regular Council Meeting of October 10, 2022, were unanimously approved by motion of Mr. Neil, seconded by Dr. Pillsbury, and bore the written approval of Mayor Christiansen (Rocha absent). COUNCIL COMMITTEE OF THE WHOLE - OCTOBER 11, 2022 The Council Committee of the Whole met on October 11, 2022, at 6:00 p.m. with Council President Sudler presiding. Members of the Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr. Neil, Mr. Rocha, Mr. Taylor (arrived at 6:02 p.m.), and Mr. Hare. Dr. Pillsbury was absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Shevock (via WebEx) (Legislative, Finance, and Administration), Mr. Tholstrup,

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 2 and Mr. Lewis (Parks, Recreation, and Community Enhancement). Mr. Contant (Legislative, Finance, and Administration) was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha, and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairwoman Arndt presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson, and unanimously carried. Mayor and Council Reports Council President Mr. Sudler stated that on October 3, 2022, at 1:30 p.m. he participated in a conference call via WebEx with the City’s labor attorney to discuss workplace circumstances centered on pyramiding overtime. Mr. Sudler noted the conversation was extremely enlightening. First District Mr. Rocha stated that he attended a site visit with Mosaic at the property that they are slating for the river walk to discuss a concept to go along with looking at funding to potentially remediate the property. Mr. Rocha stated that a month ago he also had a site visit with Senator Carper, and he is interested in helping the City find the funding to remediate the property. Mr. Rocha noted that Mr. Carper also sees the potential of what they could do with the property and has asked for a concept or a draft of what it could look like. Second District Mr. Hare stated that he had one issue with a business in the district, Lower Landscaping, they were trying to get something a little wider for their entrance off the main street. Mr. Hare noted that he referred that to Ms. Sharon Duca, Assistant City Manager who has been in contact with them and is doing a great job. Mr. Taylor stated that his weekend was busy with the Faith in Blue Event, the OktDover Fest, Economic Development Committee Meeting, and a meeting dealing with zoning in Garrison Oak. Mr. Taylor stated he also attended other dinners and meetings regarding Kings Cliff issues. Mr. Taylor thanked Mr. Neil for stepping up and stated that he was grateful. Mr. Taylor requested that council have more training soon. Mr. Taylor explained that if it is mandated for every one of our employees to have annual training, then

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 3 where is Councils? Mr. Taylor suggested having it at City Hall, online, or even outside of the city so they can get ideas and solutions on how to fix some of the things that perplex them. Responding to Mr. Taylor, Mayor Christiansen stated that he believed it is important to participate in the Delaware League of Local Government meetings. Mayor Christiansen explained that it allows everyone at Municipal, County, and State levels to interact regularly in a casual setting. Mayor Christiansen stated that it also provides the opportunity to speak to our fellow municipal government officials on the issues they face that are common to all communities in the State of Delaware. Third District Mr. Neil stated that he has received several types of contact from constituents and has made it a practice to include Ms. Arndt and Mr. Boggerty. Mr. Neil noted that it is not big enough to make it a major situation, but it is certainly enough to show that there is activity or concern on behalf of our constituents. Mr. Neil stated that he and Ms. Arndt had an alert sent out regarding the upcoming training program at the library that is going to deal with how people can save on their electricity. Ms. Arndt stated that she was able to join Planning Director Gray in a meeting with the Department of Natural Resources and Environmental Control (DNREC) and the Division of Climate, Coastal, and Energy. Ms. Arndt continued to state that they were discussing programs that are available to assist homeowners, renters, and businesses with reducing energy costs, increasing energy efficiency and partnering with other agencies. Ms. Arndt noted that she hopes to have staff from the program present at the next committee meeting to share that information. Ms. Arndt stated that she had a conversation with their colleagues at the Levy Court, regarding returning to those semi-regular meetings between Council Liaisons and Levy Court. Ms. Arndt explained she spoke with Councilman Anderson about that, and they agreed that it would be beneficial to set that up. Ms. Arndt stated that she hopes the Clerk's Office can help schedule the meetings with Levy Court. Ms. Arndt stated that she had a conversation with someone from the University of Delaware's Public Administration Program. Ms. Arndt explained that they have a program that helps assist local governments to seek state and federal funding, it is a grant assistance program. Ms. Arndt further explained that it is a new program and that they are seeking local government participants, who will help with funding streams, grant writing, and grant management. Fourth District Mr. Anderson stated that it is inescapable dealing with trees these days and that they have been working on a couple of tree issues. Mr. Anderson explained that one tree issue is trying to find a property that could be swapped with Habitat for Humanity to save one of our oldest trees in the city that happens to be on the

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 4 property. Mr. Anderson noted there are two sides to some tree issues on Loockerman where some people want some of them down and some people want to keep them up. Mr. Anderson thanked Ms. Duca for coming to the Downtown Dover Partnership Safety Committee meeting and being prepared with a plan of action addressing some of the infrastructure issues that we have downtown. Mr. Anderson stated that he went to the Delaware League of Local Governments dinner, and it had many different grant opportunities. Mr. Anderson stated that one of the grant opportunities was the new program that they have with the Delaware Grant Assistant. Mr. Anderson noted that they have been promoting electric help in the district as well and he thanked Mr. Hugg for some of the latest figures. Mr. Anderson stated that they have received over $600,000 worth of help for our citizens, and it comes out to an average of $852 in payments. Mr. Anderson recognized the Customer Service Department and City Staff for really stepping up and helping our citizens in getting things done and applying when they have a problem. Mr. Anderson stated that he wanted to also recognize employees that are acting and coming up with solutions and that he wanted to make that as loud as they do when they bring up the problem. Mr. Anderson continued to state that he wanted to bring up the praise for when they are doing a good job and finding the solution. Mr. Anderson agreed with Mayor Christiansen that the Delaware League of Local Governments has great training in conjunction with the University of Delaware, the Public Administration Department. Mr. Anderson noted that he has taken several of them himself and he highly recommends them. Mr. Anderson stated they had a 4th district town hall and it poured rain, which ruins attendance to anything. Mr. Anderson noted that they had one attendee who brought up some valuable questions, including our questions about rainbow fentanyl, which was just covered on WBOC, being people in Maryland are distributing fentanyl, which looks like candy. Mr. Anderson explained that it has not yet come to Dover, but the police departments are on alert and ready for it, and that we should all pay attention to that as well. Mr. Sudler stated that Mr. Anderson, Mr. Boggerty, and himself attended the 4th district town hall meeting. Mr. Sudler stated that Mr. Anderson’s wife, Jeanie Anderson brought to our attention the fentanyl issue and that her entire family is very keen and intelligent and has always been impressed with her conversation. Mr. Sudler stated that on Sunday, October 9, he responded to a complaint at 31 South New Street about landlord-tenant issues centered on landlord-tenant code violations. Mr. Sudler explained that he provided her with some literature via text and made Councilman Boggerty and Councilman Anderson aware of the issue. Mr. Sudler stated that later in the day, he rode by her house to see if she was back in the house, if everything was settled, and if any additional services or knowledge could

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 5 be rendered to her for usage. Mr. Sudler noted that she was very appreciative. Mr. Sudler stated that someone down the street was going through the same thing and was able to utilize that knowledge to their benefit and prevent the landlord from stepping over or trampling over her tenant’s rights. Mr. Sudler noted that he is still in conversation with Delaware State University regarding the quality of water initiative. Mr. Sudler stated that they are just waiting to have their students certified, then they need to extract and analyze the water and wait on a certain certification that is needed. At-Large Mr. Boggerty stated that he also attended the Faith and Blue event and a meeting this week to discuss ongoing personnel matters. Mr. Boggerty also stated that he attended the fourth district town hall meeting and met with the first district councilmen and councilwoman to plan their first district town hall meeting. Mr. Boggerty stated that the first district town hall meeting will take place on November 3, 2022. at Maple Dale Country Club, 6:30 to 8:30. Mr. Boggerty noted the flyers are being circulated. Mr. Boggerty stated that he addressed a constituent matter and thanked Ms. Duca and Mr. Hugg for responding regarding the trash pickup. Mr. Boggerty noted that it was quickly resolved and that they also gave him the backstory on the matter. Mayor Christiansen Mayor Christiansen reviewed Attachment #1 – Mayor’s Report Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, hearing no objection, the meeting adjourned at 6:25 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha, and unanimously carried. Project Carry-Forward Budget Balances/Proposed Ordinance #2022-18 – Budget Amendments (Lori Peddicord, Controller/Treasurer) Ms. Lori Peddicord, Controller/Treasurer, reviewed the background and analysis regarding Ordinance #2022-18 – Budget Amendments Staff recommended approval of the Proposed Budget Amendment for the fiscal year 2023 and adoption of the Proposed Ordinance #2022-18.

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 6 Responding to Mr. Neil, Ms. Peddicord explained that this funding was approved in the Fiscal Year 2022 along with the projects. Ms. Peddicord further explained that if there are loans or grants associated with those projects it is brought forward to this budget. Responding to Mr. Anderson, Ms. Peddicord stated that under the Electric Fund all the projects were from the Fiscal Year 2022 except for the Reed Street Security Upgrades costing $16,300 because Council wished to have that project completed. Responding to Mr. Anderson, Ms. Peddicord stated that the $2.4 million American Rescue Plan Act (ARPA) funding was carried forward to complete the Fiscal Years 2022 and 2023 projects that are tied to that funding. Responding to Mr. Anderson, Ms. Peddicord stated that the $2.4 million ARPA money has been committed through a council-approved budget and associated projects. Ms. Peddicord explained that amongst the Staff, Department Heads, City Manager, Jeff Dill, and herself the funding needs to be pushed out the door quickly. Ms. Peddicord further explained that if they see a project is not going to fall into the timeline, then they may come back to Council and ask to have the money re- appropriated to a different project because they do not want to lose the money. Responding to Mayor Christiansen, Ms. Peddicord stated that the City of Dover is due the second round of ARPA funding of roughly $4.6 million. Ms. Peddicord explained that the first round of money must be spent by December 31, 2024. Responding to Mr. Boggerty, Ms. Peddicord stated that she did not think that they should put out second or third options for spending, the city must either commit or not commit to a project. Ms. Peddicord updated Council and stated that they have been having meetings with department heads regarding their budget status. Ms. Peddicord stated that they have already had several meetings and will be able to provide Council with an update as to staff recommendations for reappropriating from one project to another due to extreme need or the timeline. Mr. Taylor suggested that they slow the spending of the ARPA money because the parameters of how the money can be spent are changing. Responding to Mr. Taylor, Ms. Peddicord stated that there are hearing of overruns and increases in prices. Ms. Peddicord stated that there are certain things that the city needs to purchase to stay operational. Ms. Peddicord explained that if they can use the ARPA money for these purchases, it would be the staff’s recommendation. Mr. Sudler thanked Ms. Peddicord for taking a proactive approach by checking with other staff and predicting any future expenses. Mr. Sudler noted that her proficiency on this item was greatly appreciated.

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 7 Responding to Mr. Anderson, Ms. Peddicord stated that the street budget did not change in revenue, however, they have received reimbursement costs from the August 4, 2020, storm, and tornado. Ms. Peddicord noted that they have received roughly 90-95% of the reimbursement. Mr. Hare moved to recommend approval of the Proposed Budget Amendment for the fiscal year 2023 and adoption of the Proposed Ordinance #2022-18, 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 Dr. Pillsbury, and carried by a unanimous roll call vote (Rocha absent). Tax Increment Financing (TIF) (David S. Hugg, III, City Manager, and Leslie Smallwood – Lewis, COO Mosaic Development Partner JV, LLC) Mr. Hugg and Ms. Smallwood-Lewis reviewed the packet information regarding Tax Increment Financing. Staff recommended identifying the TIF District and referring to staff to draft a Proposed Ordinance. Mr. Neil stated that when receiving reports from organizations to develop this master plan. Mr. Neil continued to state that what struck him and put Mosaic way out in front of everybody were two things. Mr. Neil explained that it was not only their projects, the ingenuity of what they used, how they used it, and the people that were brought in to create that. Mr. Neil continued to explain that they also brought in people for the financing to make it work. Mr. Neil stated that the TIF District is part of that financing, and that is something that the staff has recommended. Responding to Mr. Neil, Ms. Smallwood-Lewis explained that Mosaic has not worked with conduit bonds in the past, however, she believes that they will help plan the financing of the Downtown Master Plan. Responding to Mr. Shevock, Ms. Smallwood-Lewis stated that Mosaic has recommended that it makes a lot of sense for the Downtown Dover Partnership (DDP) to be involved so that there is a private entity representing a for-profit player in that. Ms. Smallwood-Lewis explained that a non-profit allows more opportunity to go after grants from foundations and other organizations and it has the potential to make that alliance to be able to maximize all avenues of dollars. Ms. Smallwood- Lewis noted that Mosaic currently has three projects in Philadelphia under the same structure. Mr. Anderson noted that this is one of the reasons he encouraged DDP to restart their 501c3.

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 8 Mr. Rocha moved to recommend identifying a TIF District and referring to staff to draft a Proposed Ordinance, as recommended by staff. The motion was seconded by Mr. Boggerty and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote (Rocha absent). Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection, the meeting adjourned at 7:02 p.m. Mr. Hare thanked Mr. Taylor and Madam Clerk Bennett for making donations to support the thanksgiving baskets for the airmen. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting, hearing no objection, the meeting adjourned at 7:03 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote (Rocha absent). PUBLIC HEARING/FIRST READING – PROPOSED ORDINANCE #2022-20 Council President Sudler reminded the public that copies of the proposed ordinance were available 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. It is recommended that a second Public Hearing and Final Reading of the Proposed Ordinance will be during the Council meeting on November 14, 2022, at 6:30 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 and on the City's website at www.cityofdover.com under "Government." By Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2022-20 – AMENDING CHAPTER 2-ADMINISTRATION, ARTICLE II – CITY COUNCIL, DIVISION 1. – GENERALLY, SECTION 2-31. – DISTRICT BOUNDARIES PRESENTATION - RECOGNITION OF SERVICE – JONATHAN CONTANT – PUBLIC ADVISORY COMMITTEE OF DOVER/KENT MPO - MAY 2015 – SEPTEMBER 2022 On behalf of members of Council, Mayor Christiansen presented Mr. Contant with a Dover Cup in recognition of his many years of service on the Public Advisory Committee of Dover/Kent MPO Mr. Contant thanked Mayor Christiansen and members of City Council. Mr. Contant stated that he has enjoyed his service very much and looks forward to continuing to work together with Council as a member of the Legislative, Finance, and Administration Committee.

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 9 VDBO - Update on property Located at 207 North West Street, owned by Jalisa N. Goldsboro Eddie Kopp, Chief Code Enforcement Officer, updated council members on the building located at 207 North West Street that was presented over 60 days ago on August 15, 2022. Mr. Kopp explained that it was recommended to be declared dangerous back at the Violations of Dangerous Buildings Ordinance meeting held on August 15, 2022, and since no progress has been made to the property it sits in the same condition from August 15, 2022. Mr. Kopp explained the only change to the property or the only update to the property since August 15, 2022, was the Structural Engineer’s Report that was done on August 23, 2022. No further improvements have been made at this time. There were some updated pictures added to the original PowerPoint if anybody has questions about them, but this is the same material that was presented before. In addition, the fines that are on there are up to date. So, those are current fines, and outstanding money is owed to the city. Mr. Hare moved to accept the staff recommendation for 207 North West Street, seconded by Mr. Neil, and unanimously carried (Rocha Absent). FIRST READING - PROPOSED ORDINANCE #2022-10 Staff has requested that the first reading on item number 20 be deferred until November 14th, 2022. Regular council meeting. City Manager David S. Hugg, III explained that the request from staff to defer Ordinance #2022- 10 is based largely on continued analysis of the unpaid fines on this property and the provisions of the draft Ordinance. Staff is requested additional time for review. Mr. Hare moved to accept the staff recommendation to defer Item #20 until November 14, 2022, seconded by Ms. Arndt, and unanimously carried (Rocha Absent) FIRST READING - PROPOSED ORDINANCE #2022-18 Council President Sudler reminded the public that copies of the proposed ordinance were available 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. Final action by Council on the proposed ordinance will take place during the Council Meeting on November 14, 2022. By Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2022-18- PROJECT CARRY-FORWARD BUDGET BALANCES – BUDGET AMENDMENTS Ms. Lori Peddicord, Controller/Treasurer explained that the Ordinance is the project Carry Forward and Budget Balances. Ms. Peddicord explained this Ordinance is the proposed budget amendments that were discussed on October 5, 2022. Ms. Peddicord explained that there is only one small change in this Ordinance from it being presented. Ms. Peddicord stated that they were told that the Street Department truck would not be coming in. Ms. Peddicord continued to state

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 10 that they have re-appropriated that $156,000 on the Carry Forward sheet to some newly discovered library HVAC repairs that need to be completed totaling $116,000, and then some additional costs for the Post Office, which falls under the Facilities Department within the Ordinance of $2,500. Ms. Peddicord noted that other than that, there are no changes from the prior presentation on this. Mr. Anderson moved that the staff amendment be incorporated into Ordinance #2022-18, seconded by Mr. Hare, and unanimously carried (Rocha absent). FINAL READING-PROPOSED ORDINANCE #2022-08 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting on October 10, 2022. Council President Sudler 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. Hare moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Neil, and unanimously carried (Rocha Absent). (The First Reading of the proposed ordinance was accomplished during the Council Meeting on October 10, 2022.) By motion of Mr. Hare, seconded by Mr. Neil, Council, by a unanimous roll call vote (Rocha absent), adopted Ordinance #2022-08, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities – Section 66-3 Manufactured and mobile homes, be amended to read as follows: Section 66-3 – Manufactured and mobile homes. (a) Placement permit. Every owner of a manufactured home shall apply for and obtain from the city planner or his/her authorized agent a placement permit for such manufactured home prior to placement of the home within the city. The owner of the manufactured home shall pay a fee for such permit as provided for in Appendix F— Fees and Fines. No certificate of occupancy shall be issued for a newly placed manufactured home that has not also been issued a placement permit. (b) Inspection. Prior to the issuance of a certificate of occupancy for any manufactured home, the home shall pass inspection by a city building inspector licensed as a manufactured home inspector by the state. The owner of the manufactured home shall cause a manufactured home installer licensed by the state to firmly attach the home to the ground by means of a permanent foundation or anchors and cause any open space beneath the unit to be skirted or enclosed with material approved by the building inspector.

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 11 (c) License. The owner of any mobile home or manufactured home that is not placed on a permanent foundation shall obtain an annual license for it. The owner of the mobile home or manufactured home shall pay an annual fee for such license as provided for in Appendix F—Fees and Fines. Any Manufactured Home owned by the Community Owner or Assignee that is purchased or repossessed by the Community Owner or Assignee in the Community must be re-inspected for habitability before being sold or rented to any person to remain in the Community and no Certificate of Occupancy or license shall be approved unless inspected and certified by a city building inspector. This is the sole responsibility of the Community Owner or Assignee and if this subsection is not complied with, the Community Owner or Assignee shall be assessed fees and fines in accordance with Appendix F, each day the home is occupied without it being approved for resale or rental. If such manufactured home is newly moved into the city, the owner of the manufactured home shall obtain the license and shall pay the license fee within seven days of issuance of a certificate of occupancy for the home. Payment of the license fee shall be prorated on a quarterly basis for each fractional part of a year during which the manufactured home is in the city. (d) Conditions for license. No license for a new manufactured home shall be issued until the home has passed inspection and received a certificate of occupancy as required by this section. (e) Moving within or out of city. When the owner of a mobile home or manufactured home removes the home from its current site or lot, the owner shall obtain a demolition permit for the removal. (f) Use of city utilities. Owners of all types of manufactured homes shall coordinate with city departments during the permitting and licensing process regarding the appropriate times to transfer responsibility for utilities and activate service. (g) The owner of the home will have in their possession a Delaware Motor Vehicle Title. The Community owner or Assignee will have on file all Delaware Motor Vehicle Titles for rental homes owned by said community. (h) In addition to City fines for violations, should the city uncover any fraudulent practices it must be reported to the Department of Justice for investigation. (Ord. No. 2018-01 , 9-24-2018) BE IT FURTHER ORDAINED: That Appendix F - Fees and Fines, Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout, as follows: Chapter 66. Manufactured Homes, Mobile Homes, and Land Fees and Fines Lease Communities Sec. 66-3. Manufactured and mobile homes

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 12 Subsec. (a) Required fee from homeowner $50.00 each one-time placement permit Subsec. (c) Required fee from homeowner $45.00 each license annually Subsec. (c) Violations; Penalties Not less than $100, nor more than 1,000 for each violation ADOPTED: OCTOBER 24, 2022 (Sponsors: Neil and Anderson) FINAL READING - PROPOSED ORDINANCE #2022-15 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting on October 10, 2022. Council President Sudler 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 Ms. Arndt, and unanimously carried (Rocha Absent). (The First Reading of the proposed ordinance was accomplished during the Council Meeting of October 10, 2022.) By motion of Mr. Hare, seconded by Mr. Neil, Council, by a unanimous roll call vote (Rocha absent), adopted Ordinance #2022-15, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 70 – Offenses and Miscellaneous Provisions be amended to read as follows: CHAPTER 70 – OFFENSES AND MISCELLANEOUS PROVISIONS Section 70-9, Nuisance – Findings: (a). A public nuisance in the City is hereby declared to be the commission of any act by any person, or the keeping, maintaining, propagation, existence or permitting of anything by any person, which presents an actual or imminent threat to the public health, safety, and welfare of any person, as defined pursuant to 24 CFR § 5.2003. (b). A code enforcement officer, or any law enforcement officer, shall, upon obtaining knowledge of the existence of a public nuisance, notify the City Manager or designee who shall cause notice to be sent to the property owner and/or person creating, keeping, or maintaining the nuisance or both to remove or cause it to be removed or abated within 72 hours. Any property owner and/or person found by a code enforcement officer who fails to remove or cause to be removed or abated, upon conviction shall be punished as prescribed in Appendix F- Fees and Fines or by any other legal remedy available to the City as set forth in the codes and ordinances of the City or controlling State or Federal Law.

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 13 (c). It is prohibited and unlawful for a person to keep or permit to remain upon his or her premises, or upon any premises owned, used, or controlled by him or her in any dwelling house, warehouse, or other building, or upon any vacant lot, or in any yard or other public or private place within the City, any nuisance including, but not limited to, conditions occurring on the property which: (1). Interferes with obstructs or renders dangerous for passage on any public or private street, alley, highway, right-of-way, easement, sidewalk, stream, ditch, channel, or drainage of any property; or results in the pollution of any body of water or drainage system by sewage, dead animals, industrial wastes, debris, or other contamination; or results in the blocking of drainage inlets, pipes ditches, swales, channels, culverts, or streams; or (2). Renders any other person unable to reasonably use their personal or real property; or (3). Provides harborage for rats, mice, snakes, insects, or other vermin; or (4). Results in any foul, offensive, or unlawful emissions, odors, or stenches and the causes thereof; or (5). Results in dense smoke, noxious or lethal fumes, lethal gas, soot, or cinders; or (6). Results in any condition constituting a fire hazard as defined by the National Fire Protection Association; or (7). Results in topography which, whether in a natural state or because of erosion grading operations, causes erosion, subsidence, or surface water run-off which will, or maybe, injurious to persons or to adjacent public or private properties; or (8). Permits any material the existence of which constitutes, or may constitute, a danger to a person or property including, but not limited to, hazardous materials; or (9). Creates an attractive nuisance which is or may create a risk of injury or illness, no matter how slight, to children including, but not limited to, abandoned or broken equipment or machinery, unfenced or otherwise unprotected swimming pools, spas, or excavations; refrigerators, iceboxes or deepfreeze lockers not being used, without removing the door or such portion of the locking/latching mechanism as will prevent the locking or latching of the door and uncapped or otherwise dangerous wells; or (10). Allows for unlawful trespass or unauthorized occupancy, encampment, or similar use by persons on the property. (d) The City Manager, or designee, is hereby authorized and directed to implement the provision of this Ordinance and to take all necessary administrative actions to include, but not limited to, the adoption of administrative rules.

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 14 Section 70-10 Violations and Penalties (a) The City may enforce the provisions of this Ordinance by any means available to the City under the Code of Ordinances of the City of Dover, Delaware, including but not limited to the imposition of fees and fines as set forth in Appendix F, Fees and Fines, or revocation of business and/or rental licenses, or voiding of any other city-issued permit, or as may be available under the controlling provisions of State law. Section 70-11 Severability (a) If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful, or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. That Appendix F Fees and Fines, Chapter 70 Miscellaneous Provisions be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: APPENDIX F – FEES AND FINES Chapter 70 Miscellaneous Provisions That Appendix F Fees and Fines, Chapter 46 Fire Prevention and Protection Regulations be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: Chapter 70. Offenses and Miscellaneous Provisions Fees and Fines Sec. 70-1. Combative fighting Subsec. (d)(1) Violations; penalties, fines Not to exceed $1,000.00. Separate fines may be issued to the promoter of such an event, participants in such an event, and the owner of the premises of such an event Sec. 70-2. Weapons generally (e)(1) Penalties; fines Not less than $500.00, nor more than $1,000.00 Sec. 70-7. Registered sexual offenders Subsec. (f) Penalties $500.00 for any offense; each day shall constitute a separate offense

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 15 Subsec. 70-8. Disorderly premises Not to exceed $1,000.00 for any offense. Sec. 70-10 Violations and Penalties Each day that a nuisance violation continues may be considered a new violation. If not paid, fines may be subject to a lien on property of the owner. 1st offense is at the discretion of the Code Enforcement Officer Either a warning or a $100 fine 2nd offense $200 fine 3rd and subsequent offenses Minimum fine of $300, not to exceed $1,000 per incident ADOPTED: OCTOBER 24, 2022 (Sponsors: Anderson, Taylor, and Hugg) Mr. Anderson stated that he wanted to let the people of the city know that we are taking the quality- of-life issues very seriously and this is part of that effort. Mr. Anderson stated that they hear you, they are responding to you, and they thank you for your feedback. Mr. Anderson stated that they will never be unreasonable, at least while they are here. Mr. Anderson explained that this group cannot promise future people, but they will never be unreasonable in the enforcement of such. Mr. Anderson asked for people to please let them know how this is going so they can always adjust. Mr. Anderson stated that this is an important step to get the city back to what you want because this used to be considered common sense and unfortunately now it has to be incorporated into the law. Mr. Anderson thinks that it is unfortunate, but it will improve our city. Mr. Boggerty stated that he thinks it is appropriate that he follows up by talking about progress. Mr. Boggerty explained what was originally proposed for both until where we are now, which he believes is amenable. Mr. Boggerty stated that he would like a safe city and that everyone wants a safe city. Mr. Boggerty further explained that he too is a little tired sometimes of getting calls of break-ins, but he would like it to be fair, firm, and consistent across the board. Mr. Boggerty stated that he believes this allows that. Mr. Boggerty noted that he believes in our Mayor who oversees our Chief, et cetera, that things will be fair, firm, and consistent across the board. Mr. Boggerty stated that they may disagree initially, but as he spoke about earlier with another matter, as long as they are making progress, that is what matters. Mr. Boggerty stated that one thing he would like to ask constituents, who may be listening, who will listen, and that they please each other, right? Mr. Boggerty continued to state that we hold each other accountable in their own communities, in their own neighborhoods, and if they see something, say something. Mr. Boggerty noted that he knows there is a thing about not snitching, but that next time could be your grandmother, your sister, your wife, your brother, or et cetera. Mr. Boggerty stated that they have a lot of great programs in place and some things that he will be announcing tomorrow in his meeting of what they are doing even beyond this side of it. Mr. Boggerty continued to state that there are a lot of great programs in place that are coming and people like Mr. Larry are dreaming of a better city. Mr. Boggerty stated that this is going to help

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 16 them, so let them hold each other responsible. Mr. Boggerty stated that he wants to tell Councilman Taylor and Councilman Anderson, they battled, but they are here. Mr. Boggerty continued to state that is the biggest thing that they continue to make progress in spite of the differences. Mr. Taylor stated that he would like to say thank you to everyone, everyone that is in here who saw the struggles that they were going through, however, they continued moving in the right direction. Mr. Taylor continued to state that he believes that disagreement is necessary. Mr. Taylor explained that when two people in business always agree, one of them is not necessary. Mr. Taylor continued to explain that he firmly believes that everyone having an opinion on this was necessary. Mr. Taylor noted that now they are where they are, and they will see how it goes. Mr. Taylor stated that it needs some tweaking and that they would do that as well. Mr. Taylor stated to let them see how it goes into making our city much safer, the quality of life, and crimes that they can eliminate. Mr. Taylor continued to state that he was a firm believer that they can eliminate these. Mr. Taylor thanked all of his colleagues and the folk throughout the city who spoke up on this issue. Mr. Taylor stated that he is grateful for the merchants, it is just step one and there is more to come. FINAL READING - PROPOSED ORDINANCE 2022-17 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting on October 10, 2022. Council President Sudler 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 Dr. Pillsbury, and unanimously carried (Rocha Absent). (The First Reading of the proposed ordinance was accomplished during the Council Meeting on October 10, 2022.) By motion of Mr. Hare, seconded by Mr. Neil, Council, by a unanimous roll call vote (Rocha absent), adopted Ordinance #2022-17, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 110 – Utilities, Article III – Water Service and APPENDIX F FEES AND FINES be amended to read as follows: DIVISION 1. GENERALLY Section 110-61. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Customer means any person supplied with water by the city. Property Owner means an individual or entity that is the legal owner of a parcel of real estate.

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 17 Service line means a water line connected to the water main for the purposes of serving a customer. Water main means any public water line, other than a service line. Water service fees means water use fees. Water tap means the connection of a service line to a water main. (Code 1968, § 32-1; Ord. of 4-8-1974; Code 1981, § 22-177) Section 110-62. Water department created. There is hereby created a water department. (Code 1968, § 2-76; Code 1981, § 22-176) Section 110-63. Water handbook incorporated by reference. The City of Dover Municipal Water Department's Water Handbook is hereby incorporated by reference into the laws of the city. A copy of the aforesaid handbook shall be filed in the city clerk's office and available to the public for inspection. (Ord. No. 2010-07, 3-22-2010) Section 110-64. Sprinkling limitation. When an emergency to the water supply exists, the city manager shall order public water users to limit or stop sprinkling streets, grass or other vegetation. (Code 1968, § 32-12; Ord. of 4-8-1974; Code 1981, § 22-18; Ord. No. 2010-07, 3-22-2010) Section 110-65. Supplying nonusers with city water. It shall be unlawful for any customer purchasing water from the city to supply such water to persons who are not customers or who have no water connections with the public mains. (Code 1968, § 32-19; Ord. of 4-8-1974; Code 1981, § 22-185; Ord. No. 2010-07, 3-22-2010) Section 110-66. Deposit for customers who purchase water for redistribution. Those customers who purchase water for redistribution shall pay a deposit in an amount to be determined by the city manager. (Mo. of 4-8-1974, § X; Code 1981, § 22-186; Ord. No. 2010-07, 3-22-2010) Sec. 110-67. Private wells.

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 18 (a) When authorized. It shall be unlawful and a nuisance for any person to dig, drill or otherwise excavate any well more than 150 feet below the surface of the ground within the city, or one mile thereof, without the permission of the city council given by resolution. No permission shall be given for a well on any property where a potable water supply is available. (b) Geothermal wells. Wells may be drilled for the purpose of the installation of a geothermal heating and cooling system within the limits of the city, subject to the following: (1) These wells shall not be authorized for withdrawal or injection. They will function as borings, filled with a bentonite grout, with a piping system that acts as a heat exchanger to dissipate/absorb heat from the system to the ground. (2) There shall be no interconnection with any public water supply, nor shall the geothermal well be used as a potable water supply for human consumption. (3) No well shall be located within any city right-of-way or utility easement without written authorization from the city manager. (Code 1968, § 32-14; Ord. of 4-8-1974; Ord. No. 2-78, 4-24-1978; Code 1981, § 22-188; Ord. No. 2010-07, 3-22-2010; Ord. No. 2011-20, 9-12-2011) Section 110-68. Cross connection control program incorporated by reference. The City of Dover Municipal Water Department's Cross Connection Control Program is hereby incorporated by reference into the laws of the city. A copy of the aforesaid program shall be filed in the city clerk's office and available to the public for inspection. Sections 110-69—110-190. Reserved. DIVISION 2. RATES, CHARGES, AND BILLING PROCEDURES Section 110-191. Water use fees generally. (a) Payment. All water service fees, three copies of which are on file in the city clerk's office, shall be payable to the city manager. (b) Penalty. A penalty as provided for in Appendix F—Fees and Fines shall be added to all water service fees which shall be in arrears for a period in excess of 30 days after the date of rendering the water service bill. (Code 1968, § 32-8; Ord. of 4-8-1974; Code 1981, § 22-251; Ord. of 9-28-1992; Ord. of 8-14- 1995; Ord. No. 2009-09, 6-22-2009) Section 110-192. Charge for discontinuing or restoring water service.

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 19 (a) Maintenance and repair. There will be no charge for turning on or off any service for maintenance and repair purposes if done during normal working hours. There will be a charge as provided for in Appendix F—Fees and Fines, for all service calls after normal working hours. (b) Nonpayment. There will be a service charge as provided for in Appendix F—Fees and Fines paid, together with all current and overdue charges, prior to turning on any service discontinued for nonpayment. (Mo. of 4-8-1974, § IX; Code 1981, § 22-256; Ord. of 8-14-1995; Ord. No. 2010-07, 3-22-2010) Sec. 110-193. Penalties for cross-connection control program non-compliance. Non – compliance penalties. There will be a charge for non-compliance with the requirements of the Cross Connection Control Program. There will be a charge as provided for in Appendix F – Fees and Fines. After reasonable notice to the occupants, the city may also deny or discontinue water service to any building/premises for refusal or failure to comply with the program. Sections 110-194—110-205. Reserved. BE IT FURTHER ORDAINED: That Chapter Appendix F – Fees and Fines – Chapter 110 - Utilities, Article III – Water Service, be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: Chapter 110. Utilities Fees and Fines Article III. Water Service Sec. 110-191. Water use fees generally Subsec. (b) Penalty A penalty of 1½ percent or $1.00, whichever is greater, per month shall be added to all water service fees which shall be in arrears for a period in excess of 30 days after the date of rendering the water service bill Sec. 110-192. Charge for discontinuing or restoring water service Subsec. (a) Maintenance and repair No charge for turning on or off any service for maintenance purposes if done between 7:00 a.m. and 5:00 p.m.; $100.00 for all service calls between 5:00 p.m. and 7:00 a.m. Subsec. (b) Nonpayment There will be a service charge of $50.00 paid, together with all

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 20 current and overdue charges, prior to turning on any service discontinued for nonpayment between 7:00 a.m. and 5:00 p.m. There will be a service charge of $100.00 paid, together with all current and overdue charges, prior to turning on any service discontinued for nonpayment between 5:00 p.m. and 7:00 a.m. Sec. 110-193 Penalties for cross-connection control program non-compliance Subsec. Non-compliance penalties There will be a charge of $100 per day to the property owner after the final warning date of non-compliance. This charge will continue on a daily basis until the property is in compliance with the cross- connection control program. ADOPTED: OCTOBER 24, 2022 (Sponsors: Rocha and Hugg) Mr. Anderson explained that this Ordinance is in response to a state mandate, but that they will be able to adjust the details. Mr. Anderson stated that if members of the business community and others see improvements, please come back to us. We must get something in place, and I think the staff has done a tremendous job of getting a framework in place, but that framework can be adjusted. Mr. Anderson stated if you see something that needs that can be improved, don't keep it to yourself. Please communicate that to the staff and members of council. CITY MANAGER'S ANNOUNCEMENTS Mr. David Hugg, III, City Manager, announced that the second Coffee and Conversations through Diversity, Equity, and Inclusion Committee will be held at the Pitt Center on Tuesday, October 25, at 8:30 a.m. MAYOR’S ANNOUNCEMENTS Mayor Christiansen wished everyone a Happy Diwali to all the community members who are celebrating. Mayor Christiansen also reminded everyone that Friday, October 28, 2022, is First Responder Day. COUNCIL MEMBERS' ANNOUNCEMENTS Councilman Taylor, Second District, echoed Mayor Christiansen’s reminder regarding First Responder Day on Friday, October 28, 2022. Mr. Taylor stated that he had the opportunity to attend an event with the President of the United States Joe Biden at Delaware State University on Friday, October 21, 2022. Mr. Taylor stated that he saw the president of the United States inspire

CITY COUNCIL MEETING OF OCTOBER 24, 2022 PAGE 21 a room full of people who look like him. Mr. Taylor explained that while he does not agree with all of his politics, on that particular day he saw something in the city of Dover. Mr. Taylor saw something in the culture that he thought was fantastic. Mr. Taylor stated he would love for council to push harder to get the President of the United States to come downtown. Mr. Taylor would like to let President Biden come and see how we live. Councilman Taylor stated he would let him come and see how things are, and Mr. Taylor reminded everyone that President Biden brings resources when he visits and when he leaves the resources are still here. Councilman Boggerty, At-Large, thanked everyone for the progress that Dover is making in relationship building, et cetera. Mr. Boggerty explained he was communicating with the President of the Central Delaware NAACP Branch #2028 Fleur McKendell about the redistricting process, and she said that she agreed and had no apprehensions, and she is going to send an email to the City Clerk. Mr. Boggerty explained that unfortunately, the National Chapter may take a little longer, but Ms. McKendell said that she will get that email sent over. Councilman Hare, Second District, thanked Mr. Taylor, Mr. Boggerty, and Mr. Neil for their contributions to Operation Warm Heart. Mr. Hare stated that the airmen would be appreciative and that there is still time if anybody would like to donate. Mr. Hare explained that he was unable to make it to the Delaware State University event due to medical and different reasons, but he did watch the live feed. Mr. Hare joked that he disagreed with Mr. Taylor. Mr. Hare stated that there were a lot of good-looking people there and he did not think they looked like Mr. Taylor. Mr. Hare stated that the young man who introduced President Biden was very impressive. Council President Sudler thanked everyone and echoed the sentiment that had been conveyed throughout the announcements. Mr. Sudler thanked Delaware State University for reaching out to him and allowing the opportunity for council to attend. Mr. Sudler further explained that it was a shared team approach and that he really appreciates Delaware State University as a good neighbor and being inclusive. Mr. Sudler stated that the City Council looks forward to working with Delaware State University more closely as time progresses. Councilman Anderson reminded everyone of Councilman Rocha’s dad’s service on Thursday, October 27, 2022. ADJOURNMENT Mr. Sudler moved for adjournment of the Regular Council meeting, hearing no objection the meeting adjourned at 7:21 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting on October 24, 2022, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB