Regular Council Packet Revised

CITY OF DOVER, DELAWARE REGULAR CITY COUNCIL MEETING Monday, November 28, 2022 at 6:30 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA THIS PAPERLESS PACKET HAS BEEN REVISED TO INCLUDE THE AMENDED PROPOSED ORDINANCE #2022-21 WITH THE ADDITION OF 20A.19 INDOOR RECREATION AND AMUSEMENT ESTABLISHMENTS VIRTUAL MEETING NOTICE This meeting will be held in the City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/b7zgs8 Event number: 2535 990 3249 Event password: DOVER (if needed) If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts. The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's Streaming Player located at www.cityofdover.com under "Quick Links". OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.) The “Open Forum” segment is provided to extend the opportunity to the general public to share their questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda as a public hearing is prohibited during the Open Forum as an opportunity will be provided during consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from taking action since they are not in official session; however, they may schedule such items as regular agenda items and act upon them in the future. INVOCATION - Elder Ellis B. Louden PLEDGE OF ALLEGIANCE - Councilman Hare ADOPTION OF AGENDA 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. Page 1

REGULAR CITY COUNCIL MEETING - November 28, 2022 PAGE 2 PUBLIC HEARING 1. Resolution No. 2022-09 Approving Issuance of Certain Bonds or Notes by Robbins Hose Company No. 1 of Dover, Delaware CONSENT AGENDA ADOPTION OF MINUTES 2. Regular City Council Meeting of November 14, 2022 COMMITTEE REPORTS 3. Council Committee of the Whole Report of November 15, 2022 Safety Advisory and Transportation Committee 4. Request for Waiver - Appendix A - Subdivisions, Article VI - Subdivision - General Requirements and Design Standards, Section A - Streets (Right-of-Way known as Raymond Street and Railroad Avenue) - Waiver of Requirements to Increase in Maximum Length of a Dead-End Street (Cul-de-Sac), and the Elimination of Sidewalk on One Side of a Public Street associated with a Site Development Plan for the improvements to the rights-of-way of Raymond Street and Railroad Avenue to allow for further development of the properties that these streets will give access. (Mary Ellen Gray, City Planner) Parks, Recreation, and Community Enhancement Mayor and Council Reports 5. Council President Sudler 6. First District 7. Second District 8. Third District 9. Fourth District 10. At-Large 11. Mayor Christiansen 12. Presentation - The City of Dover Parks and Recreation Project Update - (Robin Eaton, Director of Parks and Recreation) 13. Silver Lake Dam - Annual Inspection Review Legislative, Finance, and Administration Committee Page 2

REGULAR CITY COUNCIL MEETING - November 28, 2022 PAGE 3 14. Increased Purchase Cost of Electric Truck, more than 15% (Paul Waddell, Electric Director) 15. Update from the American Federation of State, County and Municipal Employees (AFSCME) on Membership Priorities (Kay Sass, President of AFSCME Union) 16. Proposed Ordinance #2022-21 - Amending Article 3. District Regulations - Section 20A. - Industrial park manufacturing zone - Business and Technology Center (IPM2) 17. Proposed Ordinance #2022-22 Amending Chapter 102 Taxation (Tax Increment Financing) (David S. Hugg, III, City Manager) 18. Proposed Ordinance #2022-23 - Amending Chapter 2. Administration - Article IV. Officers and Employees - Division 4. Controller/Treasurer 19. Proposed Ordinance #2022-24 - Amending Chapter 2. Administration - Article IV. Officers and Employees - Division 5. City Clerk ELECTION OF OFFICERS - ROBBINS HOSE COMPANY - YEAR 2023 FIRE LINE OFFICERS 20. Fire Chief - David Carey 21. Deputy Fire Chief - Sean Christiansen 22. First Assistant Fire Chief - Sierra Brown 23. Second Assistant Fire Chief - Brian Bashista 24. Third Assistant Fire Chief - James Iannucci 25. Fourth Assistant Fire Chief - Jason Boc 26. First Fire Line Captain - Chad Knotts 27. Second Fire Line Captain - Troy Christiansen ITEMS NOT ON THE CONSENT AGENDA FIRST READING - The First Reading is offered on the Proposed Ordinance. Final action by Council will take place during the Second Reading on DECEMBER 12, 2022. The ordinance is available at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us. 28. Proposed Ordinance #2022-22 Amending Chapter 102 Taxation (Tax Increment Financing) (David S. Hugg, III, City Manager) 29. Proposed Ordinance #2022-23 - Amending Chapter 2. Administration - Article IV. Officers and Employees - Division 4. Controller/Treasurer Page 3

REGULAR CITY COUNCIL MEETING - November 28, 2022 PAGE 4 30. Proposed Ordinance #2022-24 - Amending Chapter 2. Administration - Article IV. Officers and Employees - Division 5. City Clerk FIRST READING REFERRAL - The First Reading is offered on the Proposed Ordinance. It is recommended for referral to the Planning Commission for a public hearing on December 19, 2022; and that a Public Hearing before City Council be set for January 9, 2023, 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, on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us. 31. Proposed Ordinance #2022-21- Amending Article 3, District Regulations - Section 20A. - Industrial park manufacturing zone - Business and Technology Center (IPM2) FINAL READING - The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of NOVEMBER 14, 2022. The ordinance is available at the entrance of the Council Chambers and on the City's website at www.cityofdover.com under "Government." 32. Proposed Ordinance #2022-10 - Amending Chapter 1- General Provisions, Section 1-17- General penalty; separate offenses; unpaid fines 33. Proposed Ordinance #2022-14 - Amending Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings CITY MANAGER’S ANNOUNCEMENTS MAYOR'S ANNOUNCEMENTS COUNCIL MEMBERS’ ANNOUNCEMENTS ADJOURNMENT THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING Page 4

Item #1. City of Dover MAYOR AND COUNCIL COUNCIL RESOLUTION NO. 2022-09 A RESOLUTION APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY THE ROBBINS HOSE NO. 1 OF DOVER, DELAWARE WHEREAS, the Robbins Hose Company No. 1 of Dover, Delaware (the “Company”) is a fire company organized and existing under the laws of the State of Delaware; and WHEREAS, the Company has provided and continues to provide firefighting services to an area within the City of Dover, Delaware (the “City”); and WHEREAS, the Company has advised the City that the Company proposes to issue up to $750,000.00 of bonds or notes of the Company (the “Bonds”) for the purpose of financing a portion of the costs of a new 2022 Pierce Enforcer Pumper/Rescue thereon for the Company (the “Project”); and WHEREAS, it is the intent of the Company that the interest on the Bonds qualify for exclusion from gross income of the owners thereof for federal income tax purposes pursuant to Sections 103 and 150 of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, pursuant to Sections 103 and 147 of the Code, interest on the Bonds will not qualify for exclusion from gross income of the owners thereof for federal income tax purposes unless the issuance of the Bonds is approved by the applicable elected representative of a governmental unit with which the Company has entered into an agreement, after a public hearing to consider the issuance of the Bonds has been conducted, following reasonable public notice; and WHEREAS, the City and the Company previously entered into an Agreement (the “Agreement”) pursuant to which the Company agreed, among other things, to provide exclusive firefighting services to the City; and WHEREAS, notice of the requisite public hearing was published in the Delaware State News, a newspaper of general circulation in the City, and on November 18, 2022, the City Council of the City of Dover conducted a public hearing on behalf of the Company for the purpose of considering the issuance of the Bonds; and NOW, THEREFORE, BE IT RESOLVED that the Issuer hereby resolves and declares its intent under Treasury Regulations § 1.150-2 to issue its bonds (the “Bonds”) to finance the capital costs of the Project, together with costs of issuance and reasonably required reserves, subject to the following conditions: P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 6 Community Excellence Through Quality Service

Item #1. Council Resolution No. 2022-09 Page 2 1. The maximum principal amount of Bonds expected to be issued to finance the Project is $750,000.00. 2. Pending issuance of the Bonds, the Issuer may finance the Project with other funds which will be reimbursed with the proceeds of the Bonds, provided that (a) the Bonds shall not be used to reimburse any expenditure paid more than 60 days prior to the present date; (b) the Bonds shall not be issued more than 18 months after the later of (i) the date of the first expenditure to be reimbursed with the proceeds of the Bonds, or (ii) the date the Project is placed in service; and (c) in no event may the Bonds be issued more than three years after the date of the first expenditure to be reimbursed with the proceeds of the Bonds; and provided further that the limitations of this paragraph 2 shall not apply to qualified “preliminary expenditures” as permitted by Treasury Regulations § 1.150-2(f). 3. Issuance of the Bonds shall be subject to documentation acceptance to the officers of the Issuer providing for payment of principal, interest, and redemption price of the Bonds. BE IT FURTHER RESOLVED that the Council of the City of Dover, Delaware, for the sole purpose of qualifying the interest payable on the Bonds of the Company for exclusion from the gross income of the owners thereof for federal income tax purposes pursuant to Section 103 of the Code, does hereby approve the issuance of bonds or notes by the Company in a maximum aggregate principal amount of up to $750,000.00 for the purpose of financing a portion of the costs of the Project, provided, that such bonds or notes shall be an obligation of the Company and shall never be a debt of the City and the City shall not be liable for any payment on such bonds or notes. ADOPTED: NOVEMBER 28, 2022 ROBIN R. CHRISTIANSEN ROY SUDLER MAYOR COUNCIL PRESIDENT Actions History 11/28/2022 – Introduction - City Council Page 7

Item #1. RESOLUTION 2022‐09 2022 PIERCE ENFORCER PUMPER/RESCUE APPARATUS FUNDING OVERVIEW COUNCIL MEETING NOVEMBER 28, 2022  July 27, 2021 Chief David Carey of the Fire Department presented the CAF for the approval of the replacement of 2003 Pierce Lance Engines 3 and 6 with 2022 Pierce Enforcer Pumper apparatus.  Council recommended approval of the replacement engine for $729,000 during the CCW meeting of July 27, 2021.  Deliver of the 2003 Pierce Enforcer has been pushed several times over the past year from the original delivery date of August 2022. Delivery is not slated for December 2022.  FY2023 Budget Appropriation is for $77,000 based on the premise financing will be obtained for a term of 7 and/or ten (10) years based on the most recent City practice for purchasing fire equipment.  Change Order before you is for $733,674, does the City incur the additional cost of $4,674 based on the attached change order from Pierce or have the Fire Company can incur that additional expense. Chief Carey hasn’t and does not believe we will see any further change in price on this model as it was original a demo model that the Fire Company was allowed to customize a few of the items early on during negotiating the contract.  Solicitations of local banks are being compiled and funding should be provided as anticipated through a bank loan with a term of either 5 or 7 years.  The Resolution before Council this evening allows the Robbins Hose Fire Department to obtain financing as a tax‐exempt organization with the City of Dover’s approval of this Resolution.  If necessary to accept delivery of the 2022 Pierce Enforcer Pumper apparatus prior to finalizing the bank financing the Resolution allows the City of Dover to pay any equipment costs and/or pending issuance costs, then reimbursing ourselves for the cash outlay and reverting to the FY2023 funding as appropriated. Page 5

Item #1. ACTION FORM PROCEEDING: DEPARTMENT OF ORIGIN: Fire/Robbins Hose DATE SUBMITTED: July 12, 2021 PREPARED BY: David Carey, Fire Chief SUBJECT: Replacement of Engines 3 and 6 REFERENCE: Capital Investment Plan, FY21/22 Budget RELATED PROJECT: N/A REVIEWED BY: EXHIBITS: EXPENDITURE REQUIRED: $729,900.00 AMOUNT BUDGETED: $720,000.00 ($77,000 annual payments over 10 years) FUNDING SOURCE (Dept./Page in CIP & Budget): Fire Department Budget TIMETABLE: Upon Approval the Apparatus will be ordered, Estimated Delivery would be mid 2022. STAFF RECOMMENDATION: Safety Advisory Committee and City Council Approval BACKGROUND AND ANALYSIS In accordance with the CIP for fiscal year 2021/2022, the Robbins Hose Company is requesting the replacement of Engine 3 and 6 which are 2003 Pierce Lance Engines. These engines will be 19 years old in 2022, these engines were originally on a 15-year replacement program in accordance with the National Fire Protection Association (NFPA) standards, however due to the economy the City of Dover and previous Fire Chief’s agreed to “push back” the replacement to assist the city with funding other projects during the economy fall out. Furthermore, we are reducing the size of our fleet by replacing two engines with one engine. Reducing the apparatus replacement cost to the city while still maintaining an optimum fleet of fire apparatus to serve the Citizens of Dover. Engine 3 and 6 have served the Robbins Hose Company and the citizens of Dover well. However, due to its age we are having extended down times for maintenance due to parts being available which reduces the fire protection for the Citizens of Dover. In December 2020, Chief Carey, Mayor Christensen, Councilman Hare, Interim City Manager Matt Harline and Controller/Treasurer Lori Peddicord met virtually regarding the Robbins Hose Company/City of Dover fire apparatus replacement program. Interim City Manager Matt Harline advised the Fire Chief to appoint a committee to create a spec for the Engine, create an RFP to be bid out though the City Procurement Officer Barry Wolfgang. The Fire Chief complied with the request, a spec was created based off the current apparatus with fire suppression and safety upgrades to the apparatus. The spec was completed and turned over to the City Procurement officer for review and advertisement. The proposal for the specification came in at $729,900.00, which brings the truck over budget $9,900.00 per the city ‘s projected budget (CIP) of 720,000.00 to finance. The Fire Department will work to ensure that the new fire engine will come within the budgeted amount to include any finance charges and fees. The apparatus will be financed with a ten-year bank qualified tax-exempt loan. Annual payments will be reflected in future budgets. A Bond Resolution will be presented to City Council prior to the apparatus delivery. The Fire Chief wants council to be aware of the following safety upgrades that are included in this specification that is not currently on Engines 3 or 6 and were not available at the time when they were purchased: Advanced ABS braking System, Tire Pressure Management System, Seat Belt Alarms, Side Roll Protection, LED warning lights on the cab doors (exit), Vehicle Data Recorder (black box), Insta Chains and Frontal and Side Impact Air Bags for the protection of our firefighters. Page 10

Item #1. Change Order Atlantic Emergency Solutions DATE 4/21/2022 JOB NO. 37186 CHASSIS: Enforcer MODEL: Pumper Salesman: Chris Breslin SOLD & TITLED TO: SHIPPED TO: Dover Fire Department CONTRACT TOTAL: $ 729,900.00 A/D/C CATEGORY DESCRIPTION AMOUNT Add Front Fenders Change to SS $390.00 Delete Cab Mounting Plate ($374.00) Add Wheels Aluminum Front/ Aluminum Steel rear $4,200.00 Add Crew Cab USB PS $310.00 Add Antenna Multi Band $1,131.00 Delete Rear Rear Camera/Light Combination ($2,911.00) Add Headlights Firetech $979.00 Add Lights 4 Underbody $857.00 Add Lights Firetech 72" with DOT Lights $2,190.00 Add Lights Firetech side of cab under lightbar $590.00 Add Lights Firetech Side body lights $2,970.00 Add Lights Firetech rear body upper with handrails $2,751.00 Add Lights Whelen Lights $190.00 Add Body Reverse Hinge door $160.00 Delete Body Pac Track ($590.00) Add Body D-Ring Latches $490.00 Add Body Rear Step $790.00 Add Body Rear Water Level Gauge $1,300.00 Add Warning Lights 2 M6 front bumper $550.00 Delete Electric Outlet ($362.00) Delete Compartment Line-X ($2,300.00) Add Body Rear Bumper with flange-Line-x $2,600.00 Add Lights Firetech Job color all lights $890.00 Add Switching Single Switch Light control Front and sides $780.00 Add Cab Weatherband Radio $993.00 Delete MISC MOUNTING Mounting ($20,000.00) Add Camera Video Camera $5,200.00 Change Order Total: $3,774.00 Customer Signature: Contract Total after Changes: $733,674.00 Page 1 Page 8

Item #1. A/D/C CATEGORY DESCRIPTION AMOUNT Page 2 Page 9

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on November 14, 2022, at 6:30 p.m. with Council President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare. Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Mrs. Gray, Mr. Rodriguez, 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. There was no one present wishing 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 Councilman Rocha. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty 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 Ms. Arndt and carried by a unanimous roll call vote. CERTIFICATE OF RECOGNITION – OMEGA PSI PHI FRATERNITY The City Clerk read the following Certificate of Recognition into the record: WHEREAS, following the founding of the Omega Psi Phi Fraternity on the campus of Howard University in 1911, in September 1946, four men from Dover, Delaware expressed interest in joining the Fraternity. The Psi Iota Chapter of Omega Psi Phi Fraternity, Inc., was chartered in Dover, Delaware, on November 16, 1946, becoming the first chapter of any black Greek letter organization to be founded and chartered in the State of Delaware; and WHEREAS, over the years, Psi Iota Chapter has contributed to various organizations, programs, and schools, which serve as valuable resources to the greater Dover community and

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 2 the State of Delaware. For over twenty-two years, Psi Iota has collaborated with a community partner and mentored over 200 young men who have graduated from high school and attended some of the finest schools in the nation. Today, the Omega Gents Program is a collaborative effort between the Brothers of Psi Iota and the HOPE Foundation; and WHEREAS, Psi Iota Chapter continues to support and partake in several social programs for the benefit of the local community, some of which include: a campaign promoting men to speak out against domestic violence, sponsoring various health fairs; promoting literacy efforts; providing meals to needy families; and providing sleeping bags to children in homeless shelters; and WHEREAS, over 186 members have entered the Omega Psi Phi Fraternity, Inc. through initiation into Psi Iota Chapter and these members who live by the Fraternity’s motto “Friendship is essential to the soul”, have had a noticeable presence in Dover and other communities, serving as educators, ministers, attorneys, politicians, civil servants, executives, researchers, and social scientists, thus upholding the four cardinal principles of the fraternity: MANHOOD, SCHOLARSHIP, PERSEVERANCE, and UPLIFT. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby commend the Psi Iota Chapter of Omega Psi Phi Fraternity, Inc. for their invaluable community service to the City of Dover, and extend our heartfelt congratulations as they celebrate 111 years of Omega’s accomplishments internationally and 76 years of service in the Greater Dover Area. On behalf of the Mayor and Council, Mayor Christiansen presented the Certificate to Greg Bunkley and members of the Omega Psi Phi Fraternity in appreciation for their community service to the City of Dover. PROCLAMATION – NATIVE AMERICAN HERITAGE MONTH The City Clerk read the following Proclamation into the record: WHEREAS, Native American Awareness Week began in 1976, and recognition was expanded to Congress and approved by President George H. W. Bush in 1990, designating the month of November as National American Indian Heritage Month. The month is a time to celebrate rich and diverse cultures, traditions, and histories and to acknowledge the important contributions of Native people; and WHEREAS, the history and culture of our nation has been significantly influenced by American Indians and indigenous people and their contributions have enhanced the freedom, prosperity, and greatness of America today; and WHEREAS, Native American roots are deeply embedded in this land. A homeland loved, nurtured, strengthened, and fought for with honor and conviction. This month and every month, we honor the precious, strong, and enduring cultures and contributions of all Native Americans and recommit ourselves to fulfilling the full promise of our Nation together.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 3 NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim November 2022 as American Indian Heritage Month and urge all our citizens to observe this month with appropriate programs, ceremonies, or activities in recognition of the significant contributions the first Americans made to the establishment and growth of the United States. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Ms. Theo Braunskill. PROCLAMATION – GEOGRAPHY INFORMATION SYSTEMS (GIS) DAY AND GEOGRAPHY AWARENESS WEEK The City Clerk read the following Proclamation into the record: WHEREAS, fascination with the earth’s geography inspired the early explorers of our country to learn and record information about the surface of the land and its people, environments, resources, political boundaries, and characteristics and today remains a fundamental part of our national heritage; and WHEREAS, geographic information has many useful applications for our municipal government and is a valuable resource used in the analysis of infrastructure, emergency services, economic development, and long-range planning. Geographic Information Systems (GIS) technology provides an efficient means of managing geographic information and providing data that allows for effective decision-making and improved delivery of services to the residents of the City of Dover and our surrounding area; and WHEREAS, this annual public awareness program encourages all citizens to think and learn about the significance of place and how we affect and are affected by it. The City of Dover’s GIS Division plays a vital role in the continued growth of the City and has been nationally recognized for its outstanding efforts in the advancement of GIS and its foresight in creating programs that can be used to better manage services in the City. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim November 16, 2022, as GIS Day, and November 14 – 18, 2022 as GEOGRAPHY AWARENESS WEEK in the City of Dover, and urge all residents to participate in this special observance. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mike Walker, GIS Manager, Department of Public Works. PUBLIC HEARING/FINAL READING-ORDINANCE #2022-20-REAPPORTIONMENT OF COUNCIL DISTRICT BOUNDARIES Council President Sudler reminded the public that copies of Proposed Ordinance #2022-20, Reapportionment of Council District Boundaries, were available at the entrance of the Council Chambers or could be obtained from the City Clerk’s Office. He reminded members that a public hearing and the First Reading of the Proposed Ordinance took place during the Regular

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 4 Council Meeting of October 24, 2022, and that a public hearing was duly advertised for this time and place to consider approval of the proposed reapportionment of Council district boundaries. Mr. Neil moved that the Final Reading of Proposed Ordinance #2022-20 be acknowledged by title only, seconded by Mr. Boggerty, and unanimously carried. Council President Sudler declared the public hearing open. There being no one present wishing to speak during the public hearing, Council President Sudler declared the public hearing closed. Mr. Neil moved for the adoption of the proposed ordinance, seconded by Dr. Pillsbury, and by a unanimous roll call vote, Council adopted Ordinance #2022-20, as follows: PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2022-12 - REZONING REQUEST FOR PROPERTY LOCATED AT 630 WEST DIVISION STREET A public hearing was duly advertised for this time and place to consider the rezoning of property located at 630 West Division Street, consisting of 1.0853 acres (47,275.3 SF+/-), owned by Silver Linings Holding Corporation, c/o Tolano Anderson. The property is currently zoned C-3 (Service Commercial Zone), subject to COZ-1 (Corridor Overlay Zone) and the proposed zoning is C-2A (Limited Central Commercial Zone), subject to the COZ-1 (Corridor Overlay Zone). (Tax Parcel: ED-05-076.08-01-40.01-000 and Fourth Council District; Planning Reference: Z- 22-03). 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 Proposed Ordinance #2022-12 be acknowledged by title only, seconded by Mr. Hare, and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of September 26, 2022.) Planner's Review Ms. Mary Ellen Gray, Director of Planning and Community Development, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission. She noted that the Planning Commission recommended approval of the rezoning request. Responding to Mr. Rocha, Ms. Gray explained that there were two previous rezoning requests for 630 West Division Street. She further explained that the most recent application was for the same request to C-2A (Limited Central Commercial Zone), and prior to that request, there was a previous application that was a rezoning to IO (Institutional and Office Zone), and both were recommended for approval by the Planning Commission, and both were denied by council. Responding to Mr. Rocha, Ms. Gray explained that a gentleman attended the Planning Commission meeting in opposition to the rezoning. Ms. Gray explained that eight members were present at the Planning Commission meeting.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 5 Responding to Mr. Hare, Ms. Gray stated that according to the record, it is the same request. Ms. Gray explained that it is the same request. Responding to Mr. Taylor, Ms. Gray explained that the uses allowed in C2A are retail stores, a business professional or government office, personal service establishments, restaurants, service establishments, hotels, places of public assembly, drive-throughs, one-family residences including attached and semi-detached dwellings, apartments and multi-family dwellings and conditional uses, including parking lots and parking structures as a principal use and fuel pumps accessory to a permitted use. Responding to Mr. Boggerty, Ms. Gray agreed that Council is here to consider if the zoning is appropriate from one zone to now C2A without considering usage. Ms. Gray agreed that Council must separate those two issues. Responding to Mr. Neil, Ms. Gray explained that it depends on the use, it may have to go through the Planning Commission, and it will likely not have to go through Council. Responding to Mr. Hare and Council President Sudler, Mr. Gray explained that she is just talking about the allowed uses for the site in rezoning and that we are not talking about any project. She explained that, to her knowledge, a project has not been discussed with the Planning Department. Mr. Rocha explained that it doesn't matter to him if he knows what the project is or not. He further explained that if we move this forward, it is the same request, and it could come up and end up what it was last year. Mr. Rocha stated that we still must take into consideration that if it does turn into a homeless shelter for men, from my standpoint, he does not have a problem with vagrants and panhandling or vandalism. Mr. Rocha stated that is not the showstopper for him. Mr. Rocha noted that he has said it before that the showstopper is the distance that the location is from Booker T. Washington, and if they open the door because that location is too close to a school. Ms. Arndt referred to what Ms. Gray had shared in her presentation and that there were three criteria by which she determined a zoning decision. Ms. Arndt stated that was whether the proposed zoning is compatible with the surrounding uses of the surrounding parcels. The presentation given and the information provided indicate that it is. Ms. Arndt continued to state that the second criterion was whether it was consistent with the comp plan. It is a mixed-use area. The zoning is consistent with the comp plan for mixed-use designation. Ms. Arndt stated that the third criterion was the availability of services. The City of Dover certainly provides services to that location. Ms. Arndt reminded Council that zoning decisions are based on those three criteria, and we are looking at the zoning, not a particular use. Ms. Arndt stated that it is her understanding that that is a standard practice of law for zoning decisions and those are the criteria that we review. Ms. Arndt stated that Council does not want to get into discussing a specific use of a property and whether they want a specific use there. Mr. Anderson stated that he has been listening carefully to the discussion and has decided to support this rezoning request. Mr. Anderson explained that this is not an IO zoning, so if somebody wanted residential, such as apartments, that could be there. However, it is not a shelter

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 6 designation, which would not really be compatible necessarily with what is around there in a commercial location. Mr. Anderson explained that if people decide if it ever went to a higher-density residential, the people who would move there would have to be eligible according to state law. Mr. Anderson stated that ineligible people would not be able to locate there unless either the state law changes or an interpretation of the boundaries, which is, quite frankly, in dispute. Mr. Anderson continued to state that where you go from door to door or if you go from edge to property edge for property, we have not gotten a legal opinion on it. Mr. Anderson noted that if you go from edge to edge, sex offenders would not be eligible to live there. Mr. Anderson explained that this is not a high concern to him because of that fact. Mr. Anderson continued to explain that if this is a designation and the uses are needed for that property, it is something that the people who had previously opposed have withdrawn their objections because they apparently know something that he does not. Mr. Anderson stated that means that the project that they are now supporting, including, there were several petitioners who equaled at one point around 75% of the people immediately adjacent, those objections are withdrawn. Mr. Anderson stated that therefore, they know something, and it is something that apparently now has satisfied the people of the community and their objections. Mr. Anderson noted that if their objections are withdrawn, he has none and he will support the rezoning, the rights of the property owner, and the voice of the community. Responding to Dr. Pillsbury, Ms. Gray stated the uses that are allowed in C3 are as follows: Service establishments, personal service establishments, a business professional or government office, retail uses accessory to a permitted use, drive-throughs accessory to a permitted use, wholesale storage and warehousing establishments, indoor recreation and amusement establishments, motor vehicle, boat, or farm equipment sales or service. Ms. Gray continued to state that then it has some conditional conditions applicable to those uses; Manufacturing, assembling, converting, altering, finishing, cleaning, and any other processing of products for sale on or off the premises provided that no more than 25 persons shall be engaged in such activity and provided further at any such use shall be subject to the performance standards procedure as set forth in Article five, Section eight. Many storage facilities and conditional uses include crematories. Ms. Gray explained that residential uses are not allowed in C3. Responding to Mr. Anderson, Ms. Gray agreed that there is a difference in the type of commercial activity that is allowed. Ms. Gray explained that for instance, it is not retail as an accessory, it is the primary. Ms. Gray stated that you have restaurants, you have hotels, and you have things of that nature of the commercial activity. Restaurants, hotels, et cetera are not in C3, but they are in C2A and, in her vision of the main corridor of the city. Ms. Gray stated that she does not see as much where she would want to see manufacturing and some of those other heavier uses which are closer to industrial and a heavy type commercial as opposed to a more people-oriented commercial that would be more compatible with the main corridor of the city. Mr. Hare wanted to clarify on the record that the owner of 630 West Division Street, Mr. Tolano Anderson is not related to Councilman Anderson.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 7 Mr. Anderson confirmed that they are not related. Responding to Dr. Pillsbury’s question, is there a type of zoning that allows more liberal commercial use but restricts residential use, Ms. Gray responded that she would do an analysis. Ms. Gray noted that City Manager Hugg stated that he does not believe so. Responding to Dr. Pillsbury’s suggestion to reevaluate the zoning ordinances and change them, Ms. Gray stated that she would add that suggestion to her very long list of zoning revisions. Responding to Mr. Hare, Ms. Gray stated the conditional uses for C3, service establishments and retail uses accessory to a permitted use that is not listed as a conditional use. Ms. Gray stated that it is not allowed as retail, however, you could have retail use as an accessory to a service establishment, a personal use establishment to a business or a professional government office, or to a drive-through, any of the allowed uses. Ms. Gray stated that you could not have a sub-shop per se. Ms. Gray continued to state that if you had a professional office and you wanted to sell something in addition to your office, you could have a retail use there, but you could not open just a retail shop. Ms. Arndt explained that if you look at the map that is presented, there are parcels in the immediate vicinity that are zoned C2A directly across West Division from the subject parcel and there on the corner of Weston and West Division. Ms. Arndt stated that she will be voting in support of this rezoning based on the reasons that she has given previously, which are the three considerations on which they base the zoning decisions. Responding to Council President Sudler, Ms. Gray stated that the factors of looking at adequate public services and infrastructure, and whether they exist. Ms. Gray continued to state that traffic can be considered a factor, but that you must look at the traffic generators for the allowed uses. Ms. Gray stated that you cannot be looking at a traffic generator for a specific use. Mr. Sudler explained that his concern is the street, it is a unique street and that is because it has delineators, right? Mr. Sudler stated that they already have existing concerns regarding emergency apparatuses. Rather, the cars get to the left where they can or get over to the right when the vehicles are coming through there on West Division Street. Mr. Sudler stated that is his major concern. Mr. Sudler explained that when they go to look at rezoning these areas, what he is hearing is that they do not do a future traffic impact study or predictor and that this currently is where we are with the traffic stressor. Mr. Sudler asked if this going to increase if they allow any of these usages here and if so, how much will it increase the stress. Mr. Sudler stated that as he said, he would not be that concerned to a certain extent if they did not have the delineators there. Mr. Sudler continued to state that they all know that the delineators have been a huge issue and a factor on that street when it comes to increasing traffic and safety. Mr. Sudler noted for the record, that is the reason why he will be voting against this because he believes that the additional traffic will make it even more dangerous than it currently is.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 8 Mr. Hare stated that approving this to allow more commercial property in there, retail and all of that, and more traffic could be very dangerous to the bicycle community, which is a big concern. Mr. Rocha asked if the residential is considered in the broad spectrum or if Ms. Gray could read what the residential consists of. Mr. Rocha continued to as if it is a single-family if it is families or if it could potentially become a shelter. Ms. Gray responded that the allowed uses in C2A for residential are one-family residences including attached and semi-detached dwellings, apartments, and multi-family dwellings. Mr. Rocha asked Mr. Hare to elaborate on his previous statement. Mr. Hare explained that it could be a shelter. Ms. Gray stated that shelters are classified as lodging and boarding houses, and that is only allowed in the IO district. Ms. Gray stated that is not allowed under the use of apartments and multifamily dwellings in the C2A; therefore, it would not be allowed. Mr. Hare asked under the zoning request if they could create individual apartments for homeless people. Responding to Mr. Hare, Ms. Gray stated that individual apartments would fall under apartments and multi-family dwellings which is permitted. Mr. Boggerty stated that it is his humble opinion that if they continue to ride this slippery slope of making assumptions of what they are going to do with the property is not being clear, only assumptions. Mr. Boggerty stated that in my humble opinion, also as it relates to traffic, as he reads, DelDOT has no objections to their rezoning since they took the proper steps. Mr. Boggerty noted that it is right here in their packet. Mr. Boggerty stated that as a former owner himself, at some point, he can if he chooses to rent out his property and get paid for it, if he takes the loss, that is on him, whom he rented it to, that is on me. Mr. Boggerty continued to state that when he owned his property, his commercial building, he gave very, very favorable rents to his tenant so they can stay in business and limited his profits. Mr. Boggerty noted that is just the world that they live in. Mr. Boggerty stated that they hear one of his fellows, and again, this is only because he is going into an area that he does not think they should consider at this moment, but since it is on the floor, they constantly talk about affordable housing. Mr. Boggerty noted that if this company or if Silver Lining has a plan to offer affordable housing, then that is their entrepreneurial endeavor. Mr. Boggerty stated that if something happens, and he is with everyone, if something happens to children, trust him, he is calling first. Mr. Boggerty explained that at the same time, he thinks that they must keep the first things first and really evaluate what exactly are they voting on. Mr. Boggerty noted that it is not the usage but the zoning. Mr. Boggerty stated that if there is a problem that happens with tenants, and he is a monthly paying customer as well, of the car wash

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 9 as well, and I read his position, but that's happening everywhere. We don't know what's going on. I mean, we can't stop that. Mr. Boggerty stated that they are not changing the zoning anywhere else because people are experiencing issues and as his esteemed councilwoman stated, he looked at the map as well. Mr. Boggerty continued to state that he does not know if Silver Lining owns any of those other properties but that if they really wanted to do something like that, they probably could because they have other properties. Mr. Boggerty noted that from my research and understanding, they probably could take other steps and open other homes and there will be nothing that they can do about it. Mr. Boggerty stated that the Council talks about supporting the growth of their city, supporting small businesses and they talk about moving the city forward. Mr. Boggerty continued to state that he does not know if it is housing or whatever it is, and it is loopholes like this that he has spoken to business owners about as well. Mr. Boggerty noted that some of them, do not want to deal with the city because they get bogged down in these issues. Mr. Boggerty stated that they take their business or do not open a business at all to other places. Mr. Boggerty noted that he will be supporting it but that he thinks that they should keep an eye on it. Mr. Boggerty stated that he thinks that they should trust that their own City Planner has done their due diligence, that they listen to the rules of law, and what is before them, and not overly assume that or they are going to find themselves again in another lawsuit. Mr. Boggerty stated that he is not sure if it is being a battle, a real battle, but that they are already in a lawsuit for similar actions. Public Hearing Council President Sudler declared the public hearing open. Tolano Anderson, 50 Dove Creek Terrace, Dover, Delaware 19901. Mr. Anderson stated that he was sitting back there taking notes and he cannot keep up with all of this. Mr. Anderson continued to state that he personally made a decision to invest in this city. Mr. Anderson explained that after 24 years in the Army, he retired, came to Dover, and said, "This is a good city, this is a place to invest, and this is a place that he can make a home." Mr. Anderson continued to explain that he brought my family here from all over the country and they settled down right here in Dover. They invested their life savings and everything they have to be a part of this community and to make it better. Mr. Anderson noted that they formed five corporations. They manage, own, or operate 47 properties in the city. Mr. Anderson stated that he himself and his wife invested and own 27 properties in this city. Mr. Anderson explained that after what has happened at this meeting tonight, he wishes that they had never come and that this is an embarrassment. Mr. Anderson asked about property rights, the rule of law, regulations, ordinances, articles, titles, and all of this stuff that is in place to make sure that they can all make a living, get along and do what they desire to do in the United States of America.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 10 Tolano Anderson stated, that this application is not like the previous application for two reasons. Mr. Anderson explained that number one, there was a petition that was forwarded with a previous application. Mr. Anderson continued to explain that the petition required a three-quarter percent or three-quarter vote of the council to be in favor to approve it. Mr. Anderson noted that there is no petition before this. Mr. Anderson stated that on the last application he prevailed, he had the majority vote, but they did not have three-quarters. Mr. Anderson stated that without a petition, he prevailed and that they would be moving on with their business right now. Mr. Anderson continued to state that because there was a petition in place and because of those who were opposed, they brought an attorney who brought a petition which was erroneous, and he presented that to the City Manager's office, to the City Planning office, it was erroneous. Mr. Anderson noted that it had false information, accusations, and all kinds of information that was invalid but that petition prevailed, forcing a three-quarter vote. Tolano Anderson stated that they had to wait a year and come back again but here is what he does know, the Director of Planning, the City Manager, the Mayor, and the City’s own legal counsel have said, "Does the criterion for your vote is, does it meet with these three things, Article 10, Section five, is it compatible with other uses in the area?" The answer is yes. That is why you have a unanimous vote from the Planning Commission on the previous applications. Yes, it does. The City Council’s criteria are the same as in that article. Is it compatible with other uses in the zone? Is there adequate infrastructure? And the answer is yes. Mr. Anderson noted that they have been through it. Mr. Anderson explained that the Development Advisory Committee has given their complete support as on the previous applications, it is the same thing that DelDOT has given, and there are no traffic issues. Mr. Anderson stated that DelDOT has given their support and that they understand exactly what they are doing. Mr. Tolano Anderson stated that you think we invested all of these millions, tens of millions of dollars in this city and do not understand enough about traffic or what about the people on bicycles. Mr. Anderson noted that this is ridiculous. Mr. Anderson stated that he will say this, the third criterion is whether it is in compliance with the current Comp Plan. The answer is yes, your criteria have been met. Mr. Anderson stated that now they can jump outside the lines, and he really hopes that the council speaks on this tonight. That is your criteria for deciding whether or not this meets the requirements for rezoning, the City’s use, Council’s speculation, they may do this, or you can rent an apartment or you can stop it. Mr. Anderson asked Council to make a decision. Mr. Anderson stated that they are either going to follow the law or they are not. Mr. Anderson stated that the Council does not have the criteria right now to decide, "Well, based on the use that they think he might do at some point in the future, they do not think that they are going to approve." Mr. Tolano Anderson stated they he has met the requirements under the regulation and that he has it right here. Mr. Anderson noted that he has been doing this for a long time. Mr. Anderson explained that the other reason why the application was denied last time, was not just the petition that required a three-quarter vote, but the attorney that was present also presented information that said that Council has to consider the use because they do not want certain people to be in their area. Mr. Anderson noted that they do not want certain people, but that he owns the properties directly across the street from there, behind the property. Mr. Anderson stated that the attorney who presented this information says that they have to consider the use, but right now,

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 11 they have all been served with those of Council who were present at the time and are being sued by that same attorney because in another case they are considering the use. Mr. Anderson stated that the attorney takes the exact opposite position that he presented to Council with a bogus petition to force the vote criteria up here where they could not reach it because of other erroneous information and conjecture and speculation and possible uses and so forth. Mr. Tolano Anderson stated that, that case is pending and that he has the documents with him. Mr. Anderson noted that he read through it today and that he was like, "Yep. He is saying that they cannot consider the use." These are criteria based on this article, which is okay fine but then here Council is doing the same thing again. A homeless shelter is not allowed in the C2A zone, period. If you say, "Well they might do it anyway." Well then there are laws, but that is not who he is and that is not what they do. You may also say, "Well they do not want sex offenders to be in this area, it is too close to the school." Sex offenders are not allowed to be there because first of all, it is not a shelter, it cannot be a shelter, but they have not even discussed what exactly they are doing there. They have criteria that they want to meet so that they can rezone the property and then they can plan what they are going to do. Mr. Tolano Anderson stated that they have been doing it a long time, but that they have been sitting here fighting this battle over and over again. Mr. Anderson noted that those are the reasons why this application is different. One, there is no petition, and the letters that Council has that were presented from his office clearly show there is business support, there are businesses supporting right across the street, Ben Smith's Funeral Home, the salon, the Mexican restaurant, and his office is right there. All this concern over homeless panhandling but most of the letters do reference that also. Mr. Anderson stated that he does not have any of those problems right next door to the car wash and that neither do the people directly across the street. Mr. Anderson continued to state that maybe there is something going on there that is drawing those folks in. Mr. Anderson noted that they deal with that but that they do not deal with it by denying an application for rezoning when the criteria for it have already been met. Mr. Tolano Anderson stated that he does not know what they are doing there tonight. Mr. Anderson stated that he does ask for Council’s support for this application. Mr. Anderson explained that they have been through the DAC, they have been through the Planning Commission, and they have the support of the professional planning staff. Mr. Anderson explained that everybody unanimously, that they can meet all the requirements of the C2A zoning, and the corridor overlay zone one, and they are all set. Mr. Anderson noted that he is locked and loaded and that they are ready to go. Mr. Anderson stated that he just wants to know one thing and that he does not know, he guesses he cannot ask questions from the podium there, but that he will simply say this in closing, he has a property, it is 19,400 square feet. It has been sitting there for over two and a half years and what a waste. Mr. Anderson stated that he does not care if Council has personal agendas or whatever the situation is. Mr. Anderson stated that all he cares about is whether he as an entrepreneur, a businessman, an investor, or someone who comes into this community to make a difference and do the right thing, can he at least look into the City’s regulations, the Delaware code, everything? Can I follow the regulations and say, "Okay, here I go."

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 12 Mr. Tolano Anderson stated that the City’s Planning Directors, the City Managers, and the Mayor have told Council. Mr. Anderson noted that the City’s own counsel has told them, to listen to the minutes, and still, they are having this conversation. Mr. Anderson stated that if Council wants to deal with what they do and how they do it there as a whole separate criteria for that following this. Mr. Anderson continued to state that the rezoning, they have met the requirement. Mr. Anderson stated that they met the requirements, Council can decide what they want to do. Mr. Anderson stated that they can make up stuff, they can make a conjecture about what uses there may be in the future, and that there is already a lawsuit that was alluded to earlier about the use being considered as criteria for a rezoning application. Mr. Rocha stated that he wanted to make it clear for the record that he believes in his position of conducting his due diligence, and that he can ask any question that he wants to. Mr. Rocha stated that they do not have to make a response to that. Mr. Rocha stated that Mr. Tolano Anderson does not even know how he is going to vote, but that he felt like he was an idiot sitting in this chair after Mr. Anderson was finished speaking and that he does not even know how he is going to vote. Mr. Rocha stated that he feels that since he has been on this council that they throw everything on the table and then they sort through that. Mr. Rocha stated that is part of their business of protecting their city and they should consider all options regardless. Mr. Rocha continued to state that at the end of the day, they make a vote. Mr. Rocha noted that if it was as simple as Mr. Anderson is suggesting and as simple as a lawsuit, then it is a rubber stamp as far as he is concerned, they do not need Council’s approval. Mr. Rocha stated that the reality is they do need Council’s approval and that so does the lawsuit. They still need Council’s approval and if Council does not have the option of doing their own due diligence, then why are they here? Mr. Rocha stated why the Planning Commission could not just go ahead and go eight to zero and then it is done. Mr. Rocha noted that it still has to come through Council. Mr. Rocha stated that he stands by his vote, and he could care less if a lawsuit is presented afterward or not. But as Mr. Anderson said, he does not know how he is going to vote. Council President Sudler stated that Mr. Anderson is right and that this application is different. Mr. Sudler noted that what is distinct about it is that it does not define the future project. Mr. Sudler stated that they should write it down and that it does not define the future project like the other two did. Mr. Sudler stated that the other two that they are referring to, he is assuming that they are referring to the one behind Cranberry Run, and the previous one, and they made it known what their intentions were. Mr. Sudler stated that they opened the door and that when Mr. Anderson lets them know what your project is, then they will no longer be assuming, it is then a fact. It was a fact on the application that Interfaith wanted to do a shelter there. Mr. Sudler explained that they came here, sold it, during the time of the zoning, and wrote it down, which opened them up for the decision that Council then made. Council President Sudler stated that it was a fact that behind Cranberry Run is where they wanted to do that major development across from Dover High, they wanted to do this big plaza. They even told everyone in Heather Field, which came out and said, "You told us what you going to do." Those were the two distinctions between your scenario here, which I concur it is different. You were wise not to put the project, whatever it may be.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 13 Council President Sudler stated that again, he believes that regarding traffic right now, Council has had a meeting with EMS, the head of EMS, the fire department, and the Chief of the fire department. Mr. Sudler stated he does believe, if he is not mistaken, maybe Deputy Chief Spicer was there or the Chief when they had a meeting about getting rid of those delineators because the emergency staff said it is a hazard to their apparatus and is a hazard to the constituents when they have to come through. So those may not be the main scope of what Planning and Zoning look at, but it is a major factor in safety and maybe it should be part of the main scope in which Planning, and Zoning look at in safety, additional safety measures. Council President Sudler stated that he is going to stand by his note based on safety. Mr. Sudler stated that he does applaud Mr. Anderson. Mr. Sudler stated that Mr. Anderson was smart enough not to put that project in there but that he is going to vote no because of safety issues. Mr. Sudler stated that this is something that he has been dealing with as the fourth district councilman and has gotten information from Benny Smith. Mr. Sudler noted that he does not know what happened and that he knows there is not any new leadership, but he knows not even a year ago, they also were concerned about the delineators and the safety. Mr. Sudler explained that as a matter of fact, one of their employees also got in a car accident right there. Mr. Sudler stated that he does not know if they travel down that road quite often, but that he does and every time that he does go, he is scared for someone if it is a fire apparatus because there is no room for movement. Council President Sudler stated that is his concern and that he is in housing, he houses sex offenders. Mr. Sudler noted that his property is not close to a school and that is not his issue for the record. Mr. Sudler stated that based on safety, he will not be supporting it because it is not safe on that. Mr. Sudler continued to state that increasing the traffic, he does believe it is not safe. Mr. Sudler stated that of course, DelDOT is going to be okay with it because DelDOT was the one that could have said, "Remove the delineators." Mr. Sudler stated that he is not surprised that DelDOT is okay with it and that he is not surprised. Mr. Sudler stated that he is going to stand by what he believes is the right thing to do for his constituents, even if it does not fall in the major scope of the approval Victor Giangrant, 730 Oak Drive, Dover, owner and operator of Westside Car Wash along with his family at 805 Forest Street for the last past 40-plus years. Mr. Giangrant stated that they employ approximately 40 plus people and that he would like to make this short and to the point. Mr. Giangrant stated that they should not forget that they were here a year ago and before that a year ago, the Council has voted this down twice before. This is the same thing, same pig, different lipstick. Mr. Giangrant continued to state that Council cannot lose sight of the school, number one, it is so close to this vicinity. Mr. Giangrant noted that Council has to be really careful of what is put there. Mr. Giangrant explained that there are kids walking, tens, twenties, walking home every day from school and they cross that facility every day, sometimes twice a day. Mr. Giangrant stated that as far as the traffic, it is jam-packed with traffic. Mr. Giangrant asked if anyone has done a projected study on traffic stress in this area. Mr. Giangrant noted that it is a bottleneck, especially with Fire trucks, police cars, and EMS vehicles. They all have problems at that intersection and they are overloaded with traffic. Mr. Giangrant stated that by

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 14 changing the zoning at 630 West Division Street, Council might be creating a bigger traffic problem. Mr. Hare stated that he respects Mr. Giangrant and that Mr. Giangrant is a 24-year veteran. Mr. Hare stated that he is a Vietnam veteran, so man to man, he has read these letters and two people said, "It is a great project." So just veteran to veteran, man to man, why will they not tell Council what the project is? Mr. Hare stated that he is man enough to tell Council if he had it because they do not want Council to know. Mr. Tolano Anderson explained that he spoke with those business owners. Mr. Anderson stated that he talked to them specifically and directly told them that he needs to rezone this property so that he can maximize the property. Mr. Anderson stated that is so they can study and decide exactly what is the best and highest use, the most profitable with the highest appreciation that they can find and that is not in C3, it's in C2A. Mr. Anderson stated that his project is rezoning. That is what he talked to them about and that is what they were referring to. Mr. Anderson noted that they are entrepreneurs, and they are going to make good business decisions. That is what they want to do. Mr. Tolano Anderson stated that they are doing what is best for the city. You know what, let me issue an apology to the council. Mr. Anderson stated that he was a little emotional starting out and he would like to issue a heartfelt apology. Mr. Anderson continued to state that he may have offended some of the Council and to let him apologize for doing that as well. Mr. Anderson stated that he was emotional and that he lost well over a hundred thousand dollars on this process that they went through here previously. Mr. Anderson stated that he needs to issue an apology and he would ask Council to wholeheartedly receive that as well. Mr. Anderson noted that the project is rezoning and that nothing happens unless it is rezoned. Mr. Hare stated that just makes him wonder. Mr. Hare stated that the only thing really different between the two zones is what it is zoned now and what the future zoning is able to have, main thing is residential and maybe some retail shops, but the retail shops can possibly be a conditional use. Mr. Hare noted that just because you have an office there and you decide you want to do something. Mr. Hare stated that is all he has because obviously somebody, is saying the project is good for the community. Mr. Hare stated that he does not know if they did not know how to write a letter or what they were doing. Mr. Hare noted that he does not know and that maybe Mr. Anderson should talk to them. Mr. Taylor thanked Ms. Gray for an outstanding job, and he also thanked Mr. Tolano Anderson. Mr. Taylor stated that he does take pride in everything that happens here at this seat and that he takes pride in taking the time out to read things and truly understand them. Mr. Taylor stated that Businessman to businessman, he heard him, and Mr. Anderson has his support. Mr. Neil stated that he does not know Mr. Anderson personally, but that he does know what he has been doing and that he knows that he is a man of great heart and that he has gone out of his way to show that heart in different ways. Mr. Neil stated that what he is going to ask him specifically because it fits in, has he been in touch with Downtown Partnership and the Mosaic

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 15 people who are creating the master plan. Mr. Neil stated that if Mr. Anderson has this property and it gets rezoned, it opens up a brand-new door for something that is very positive. Mr. Neil stated that he does not know how much he has picked up on Mosaic. I was extremely impressed when they made their presentation to Downtown Partnership because he serves along with other members of the council, saw it, have it. They are terrific and if he has not done so, by all means, reach out to Diane Laird, DDP and make sure that they know that that property there at the gateway coming into the downtown area is very important because they are very smart people and I think could add a great deal. Mr. Neil stated that he heard him the last time, that he hears him now, and that he knows where Mr. Neil stands. Mr. Neil thanked him for what he does and thanked him for the heart that he has, did not show here tonight that way, but he knows that it is there. Mr. Tolano Anderson stated yes sir, they are working with several different agencies including Downtown Partnership, the MOT, DDA, the DPP, and everyone that wants to improve the city, that wants to enhance their communities, are working with them. Mr. Anderson stated that if he wanted to do a homeless shelter, he has three acres in the City of Dover that is zoned IO. That is a first permitted use, and he could do a shelter anywhere, anytime but that is not my concern. Mr. Anderson stated that his interest is what is best for the city and that he has had offers to run a methadone clinic at this building. Mr. Anderson noted that is not good for the community and that is not good for the area. Mr. Anderson knows what that is going to bring, and he understands his fingers are on the pulse of their community. Mr. Anderson noted that he wants what is good for all including safety, taking everything into consideration. Mr. Tolano Anderson explained that he is invested for the long haul with everything that his family has. Mr. Anderson stated that he will continue to work with everyone. Mr. Anderson stated that through the Banning Street corridor project there with DelDOT, Kent County and the City of Dover are working most recently here with Mr. Hugg and Mrs. Duca concerning an initiative for site readiness development. Mr. Anderson noted that they have done the Brownfield development of the two acres that used to be the ice plan, which is also zoned IO. Mr. Anderson stated that they are all over the city and that they are doing a lot. Mr. Anderson stated that when they lose a lot of money, it hurts and it is a little emotional, but the truth is they love this town. Mr. Hare explained that he will not be supporting this rezoning application. Mr. Hare stated that he guesses that he is not in favor of the way the city code is. Mr. Hare stated that he does not think that he likes someone being able to come, get a rezoning and not know what is going to be going on in that neighborhood. Mr. Hare stated that is one of the changes that he has mentioned in the past that should be changed so they know what is going on there. Mr. Hare stated that with all due respect to Mr. Anderson, he spent a lot of money on this, and has no idea what is going in there. Mr. Hare stated that if this is approved and it turns into a good retail business or whatever and it does not turn into something that they are speculating, he will be the first one to apologize to him. Council President Sudler explained that he will not be supporting the rezoning application for safety reasons. Mr. Sudler stated that he believes that it is already stressed and from the concerns of the business owner there as well.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 16 Mr. Anderson moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Neil and carried by a roll call vote of 7 in favor (Anderson, Boggerty, Neil, Pillsbury, Arndt, Rocha, and Taylor) and 2 opposed (Hare, Sudler). Council adopted Ordinance #2022-12 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 630 WEST DIVISION STREET WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of a 1.0853 (47,275.3 SF) acre property described below from C-3 (Service Commercial Zone) and COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial Zone) and COZ-1 (Corridor 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 C-3 (Service Commercial Zone) and COZ-1 (Corridor Overlay Zone) to C- 2A (Limited Central Commercial Zone) and COZ-1 (Corridor Overlay Zone) on that property located at 630 W. Division Street (on the south side of W. Division Street opposite Ridgely Street), consisting of 1.0853 (47,275.3 SF) acre parcel, owned by Silver Linings Holding Corporation. (Part of Tax Parcel: ED-05-076.08-01-40.01-000; Planning Reference: Z-22-03; Fourth Council District) ADOPTED: NOVEMBER 14, 2022 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 24, 2022 The Minutes of the Regular Council Meeting of October 24, 2022, were unanimously approved by motion of Mr. Neil, seconded by Ms. Arndt, and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE – OCTOBER 25, 2022 The Council Committee of the Whole met on October 25, 2022, at 6:00 p.m. with Council President Sudler presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr. Neil, Mr. Taylor, and Dr. Pillsbury. Mr. Rocha was absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Shelton (Utility), Mr. Contant (via WebEx), and Mr. Shevock (via WebEx) (Legislative, Finance, and Administration.) Dr. Jackson, Mr. Hosfelt (Safety, Advisory, and Transportation), and Mr. McCutcheon (Utility) were absent. ADOPTION OF AGENDA

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 17 Mr. Boggerty moved for adoption of the agenda, seconded by Mr. Neil, and unanimously carried. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Taylor presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. Debriefing/Post-Mortem on Firefly Music Festival (Presentations by the Department of Planning and Inspections and the Dover Police Department) Mr. Jason Osika, Fire Marshall, reviewed the 2022-FMO After Action Report Summary presentation. Mr. Sudler stated that he noticed that although Firefly was a major activity and very successful with a lot of great teamwork, it almost felt like they were not there, because of the way the traffic and the way everything was coordinated so well. Mr. Sudler continued to state that he almost forgot that Firefly was happening that weekend, other than hearing the music, so he wanted to commend all the City of Dover staff that partake in making this event a success. Mr. Sudler thanked the staff for representing the City of Dover. Mr. Sudler asked who took the pictures because they should be a professional photographer. Mr. Sudler suggested that the photos should be used on the website for the City of Dover, as an activity that they host as part of representing the City of Dover. Mr. Neil stated that he wanted to give a report from someone who is most directly affected and that he received phone calls about Firefly. Mr. Neil noted that it is a great event for the city, simply because people are coming in from all over, not just in the immediate area, not just in Delaware, but that they are coming from all over. Mr. Neil explained that it puts the City of Dover on the map, a specific music map, just as NASCAR does for a sports map, and that is what they hope the Gift of Light will be, which is from Thanksgiving thru New Year's and pay some electric bills with that. Mr. Neil stated that it is moving very well inside because of what they have learned, however, people are walking up and down Persimmon Tree Lane, still blocking traffic. Mr. Neil explained that he has asked the festival people to create a map to show an internal area and to not let people back in at the gates off Persimmon Tree. Mr. Neil continued to explain, that it would let the traffic flow through the compound but not out and that it would be easier for emergency vehicles coming in and out.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 18 Mr. Neil stated that the second thing is the music mostly on Thursday and Friday nights, where the music was exceeding the city's requirements for sound. Mr. Neil noted that usually, their sound engineers are very good at making sure that the music goes out so that President Sudler can hear it and up north can hear it, but those in that immediate area are the ones that are deluged. Mr. Neil explained that by Saturday, it was much better, and though some people complained about Sunday, basically the explanation was simply, it was allowed to go an additional hour, they could have had two hours, to put on that performance due to the weather. Mr. Neil stated that the other thing is there was a shift, and that may be why traffic was not as noticeable because they went from the summer to the fall. Mr. Neil stated that he thought what may happen is they are going to look at the crowds and maybe move it back towards a summer date that fits into a schedule because the producer of this event produces many festivals of this type. Mr. Neil explained that the more attractions, the better attractions, the heavier the attendance will be. They held approximately 50,000, but it does affect our lives, simply because of the detours that it is causing and the effect that it has. Mr. Neil noted that the City of Dover handles the event well, but they also have State Police involved, who may forget that we must come up and down Persimmon Tree Lane, going down to Route 9 and then working around to White Oak or going up north further to get just one and a half miles going in one direction suddenly now becomes 13 miles in it by doing the route out. Mr. Neil stated that he is excited about the Gift of Light, the light show that is coming. Mr. Neil stated that he thought it is going to be a terrific event for the city. Responding to Mr. Boggerty, Mr. Osika stated that he can tell a difference in attendance, just by the camping lots. Mr. Osika stated that he does not know how many more came in because he was not on the one side of, what they call the day trippers, that come in with daily tickets. Mr. Osika stated that he does not have the exact number of attendees, but they usually do not let the city know. Mr. Osika noted the biggest difference that he has seen from June to September is probably the Emergency Medical Services. Mr. Osika stated that he believes incidents are down because when you are in the June months, you have people not hydrating and drinking other beverages and it is hot out, which creates other issues, whereas now, it is cooler out, so that eliminates that issue. Responding to Mr. Anderson, Mr. Osika stated that the 331 hours the Fire Marshal’s Office worked is a city expense and that it has never been recaptured from AEG or the Speedway. Mr. Osika noted that he is not sure why that is. Mr. Osika explained that staff recently had a meeting about this not long ago about if they want to go in a different direction or not, and that they are going to maybe investigate that. Mr. Osika noted that, he keeps track of most of his staff and that

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 19 he can give Council all the breakdowns of each person and what the costs are. Mr. Osika continued to note that most of them take it as comp time, which is still a cost because they are taking off. Mr. Osika stated that their hours are 100% paid for by the city. Chief Thomas Johnson, Dover Police Department stated that June is going to generate more heat casualties than a September event, regardless of your attendance. Chief Johnson agreed with Mr. Osika that hydration is a big issue and people with chronic conditions do not hold up as well in June, usually, in the climate that you would experience during that time. Chief Johnson explained that from a health standpoint, he thought the first aid stations did better and that EMS was not incredibly overtaxed at this year's event, than perhaps when the event happens in warmer weather. Chief Johnson stated that regarding traffic, he wanted to give compliments to the Delaware Department of Transportation (DelDOT), which is a very big player in making sure that traffic flows smoothly through the city. Chief Johnson explained that they bring major gear to this event and will take over programmed traffic lights and intersections. Chief Johnson noted that while they are doing real-time monitoring of traffic flow, they will make real-time adjustments to signaling and how the city handles getting in and getting out. Chief Johnson stated that from a policing standpoint, there was not too much activity to note, he was able to print on a page and a half all the recorded events, whether it was logged on the Persimmon Tree side or the DuPont Highway side of the event. Chief Johnson explained some were just run-of-the-mill events that you might get a call for through the 911 system that just happens to occur in that zone, and they squared those away. Chief Johnson stated that they had a couple of medical events which they took some action upon. Chief Johnson stated there were no real major serious criminal events, as far as anybody being injured by assault. Chief Johnson noted there was one report of an aggravated robbery that, ultimately, after quite an extensive search, proved to be unfounded. Chief Johnson stated that they were unsure if the aggravated robbery victim was exaggerating because they could never locate him, or whether it was a distraction call to take the attention away from something else because sometimes that will occur. Chief Johnson noted that there were a couple of significant drug arrests that were handled away from the crowd. Chief Johnson explained that when you get that many people together with closed containers, not necessarily inside of the venue where clear plastic is the order of the day, but on the periphery of the event. Chief Johnson stated that there were entrepreneurs that are now out of business thanks to some of the City’s plain clothes and undercover officers doing what they do. Chief Johnson stated that the motorcycle unit was heavily involved in escort duty, sometimes as far away as southern New Castle County, depending on where the

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 20 VIP, the talent, was coming from, to come to and from the event to perform, that went off flawlessly. Chief Johnson stated that he was proud to report that there were no major incidents that Council would be concerned with about the crime. Chief Johnson noted that he thought the biggest, besides a drug-related event, the biggest criminal event was a couple of other industrious young people that were taking stuff out of parked cars. Chief Johnson complimented the venue, the host organization, Mr. Hosfelt, and the system that is in place there. Chief Johnson explained that it was easy to catch them when they could watch them on television and then they knew exactly where to send the resources, down to exactly what they are wearing. Chief Johnson stated that this is a multi-jurisdictional event, as far as the police plan goes and that meetings start in the months leading up to the event. Chief Johnson noted that the Fire Police get involved also to help with traffic and that it is a collaborative effort. Chief Johnson stated the evacuation was also something that took them a little bit by surprise. Chief Johnson stated that they had only five to seven minutes' notice that it was going to occur. Chief Johnson continued to state that the Meteorologist had to decide, and he was trying hard not to recommend that. Chief Johnson explained that there is a National Weather Service Meteorologist that is onsite in the Command Post, where they have a portable 911 center, and they made a very difficult call. Chief Johnson noted the evacuation was very orderly, with no injuries, and no problems about that. Chief Johnson stated that every night, he watched Mr. Bundek, the EMS supervisor go from bathroom to bathroom to make sure that there was nobody passed out, or in a bad way. Chief Johnson noted that he is an EMS leader, but he gets in there and from the teamwork side of things, it is just awesome to see. Mr. Neil stated that when Sir Paul McCartney was here, the ex-Beatle, there were 90,000 people, and that, for our city, our size, was remarkable. Mr. Neil noted that even with the dates this year and last year, because of COVID-19, the attendance numbers were at the 50,000 level. Responding to Mr. Taylor, Chief Johnson stated the Police Department's Unmanned Aerial Vehicle (UAV) program is in suspended animation, they are not active because DelDOT, has a lot of capacity and capability. Chief Johnson stated that their drone resources are so readily available, so far more advanced than the equipment that the City currently possess that they rely upon DelDOT. Chief Johnson explained that they would have to get permission to operate in this airspace, with the Air Force base being present, and that it is too much of a burden for the Police Department to keep up with that. Responding to Mr. Taylor, Mr. Osika stated that the Police Department had drones at one time. Mr. Osika noted that one of the biggest issues from talking to

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 21 DelDOT is they have a life expectancy of about three to five years and then it is outdated. Mr. Osika stated that his team asked if they could get training on it, which he allowed, he supports any type of training that they want to do. Mr. Osika explained the last time they used a UAV was from Fire School, they have drone programs, and at the Loockerman Street fire, drones came in handy. Mr. Osika stated that they are looking more toward a UAV for aerial photos for the City’s case file. Update on Kenton Road Project (Sharon Duca, Assistant City Manager) Ms. Sharon Duca, Assistant City Manager reviewed the background and analysis regarding the update. Ms. Duca also discussed the speed reduction on Kenton Road between Forrest Avenue and Chestnut Grove Road. Staff recommended that City Council support the proposed speed reduction to 35 MPH for Kenton Road between Forrest Avenue (SR8/K51) and Chestnut Grove Road (K158). Mr. John Gaines, Group Engineer, DelDOT, stated this project was recommended by the Dover Kent Metropolitan Planning Organization (Dover Kent MPO) many years ago. Mr. Gaines noted DelDOT has been working on it since about 2015 and are nearing the end of the right-of-way acquisition phase. Mr. Gaines noted that they are planning on beginning construction in the spring of 2023 and wrapping up late summer of 2024. Mr. Gaines explained that the project is fully funded through construction. Mr. Gaines further explained that the project was put on the back burner for a while, but they were able to move some funding from some other projects to make this one goes on that schedule. Ms. Laura Haxton, Senior Transportation Engineer, Century Engineering stated that the project is improving Kenton Road from Route 8 to Maple Dale Road. Ms. Haxton stated that they will be adding pedestrian and bicycle facilities and that there will be a 10-foot shared-use path along one side of Kenton Road, from Route 8 to College Road. Ms. Haxton explained then it will cross the street and then go to the entrance of Fox Hall. Ms. Haxton further explained that it will be called a low-stress network for your everyday bicycle rider and pedestrian. Ms. Haxton stated that everywhere else there will be a five-foot sidewalk, except for the five homes across the street from the Fire House and that was due to right-of- way complications. Ms. Haxton noted that there will be 11-foot travel lanes, right and left turn lanes installed at all the subdivisions and roadways, and curbing. Ms. Haxton explained that they will be improving drainage and lighting. Ms. Haxton stated that two brand new stormwater management ponds are going in and a roundabout at the Chestnut Grove Road intersection, a single-lane roundabout that will mimic the roundabout at Route 10 and Route 15 in Camden. Ms. Haxton stated there will be a signal light at Greentree, the intersection of Greentree Drive and Kenton Road and that this improvement is underway right now. Ms. Haxton

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 22 also stated, some utility poles will be moved back starting this week and that the signal light should be up within the next couple of months. Ms. Haxton stated that the project will be divided into two major phases. Ms. Haxton explained that in the first phase they will be building from Route 8 to College Road. Ms. Haxton stated that this part of the roadway will be done under lane closure which will include flaggers, drums, and barriers. Ms. Haxton noted they will build one side of the road, flip it over, and build the other side of the road. Ms. Haxton stated that there will be detours in there, like Greenway Lane and College Road, and they will have to shut down for a little bit. Ms. Haxton stated that the second phase will be Turnberry to Chestnut Grove Road which will be done under a full closure lasting 39 days due to no shoulder and not being able to shift vehicles. Ms. Haxton stated that the second full closure will be from College Rd to Turnberry for 30 days to build that section. Ms. Haxton stated that this is a safety-related project and that they have a speed resolution that they would like as an early action item to put into place now or as soon as possible. Ms. Haxton stated that this includes all side roads from Route 8 to West Denney’s Road. Ms. Haxton explained that due to driver expectations and safety reasons, they are suggesting that they want to reduce the speed limit to 35 miles an hour. Ms. Haxton noted that they have concurrence from the City of Dover Police, and once they get the approval tonight, DelDOT can get those signs out there and get that speed reduced before construction comes through just to improve safety. Responding to Dr. Pillsbury, Ms. Haxton stated that to enter Fox Hall West, they will be able to enter from Carnoustie Road and Burning Tree. Ms. Haxton noted that they will not be closed at the same time. Responding to Mr. Boggerty, Mr. Gaines stated that they are going to send out night surveys to say, "Hey, if we can work at night, we can get this done a lot quicker." Mr. Gaines noted that if enough people are opposed to night work, the way they have it shown now is all daytime. Mr. Gaines stated that if they get approval to do night work, they can greatly expedite this project. Mr. Gaines noted that it will be a noisy project. Responding to Mr. Boggerty, Mr. Gaines stated they will contact the Department of Education and they plan on holding an informational meeting a few months before they start construction just to say, "Hey, this is coming, and these are going to be the impacts." Mr. Gaines stated that anytime they have a detour up, it will be well signed for the detour route. Mr. Gaines contained to state that each time they change phases, they put out signs on the side of the road. Mr. Gaines noted that they are thinking of having a group that will run the public outreach. Mr. Gaines stated that if someone has an issue, they can contact the correct person and they

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 23 can come to meet with them right away; they will be on staff every day for the project. Mayor Christiansen stated that as Chairman of Dover Kent MPO, he wanted to let everyone know that it took a little bit for them to get this project moved up. Mayor Christiansen noted that Mr. Shelton is also a member of the Dover Kent County MPO. Mayor Christiansen stated that they both wanted to share what they trying to do next because they feel that while the improvements are going to be terrific for Dover Kenton Road, they are overlooking another road that is heavily traveled and that needs some attention. Mayor Christiansen stated that their efforts are going to be put into getting College Road improved as well because why improve Dover Kenton and then dump a lot more traffic on College Road? Mr. Dana Shelton, 133 Red Oak Drive, Dover Hidden Oaks right next to Woodlands of Fox Hall. Mr. Shelton stated that the road, between Scarborough or McKee and Dover Kenton Road on College Road near the old Square Club, is a hazard. Mr. Shelton stated that he drove down that road earlier today and that an elderly lady was walking with a cane right on the side that did not have sidewalks and the cars had to move over so that they could go around her because she was walking on the line. Mr. Shelton stated that if they are going to do work on Kenton Road, then that is another road that they want to take care of because it is a hazard, and someone is going to get hurt. Mr. Shelton explained that you cannot ride bicycles down there or walk down that street. Mr. Shelton stated that he jogged down there but had to jog on the other side because he was afraid that he was going to get hit by a car and that he had to try to face the cars when the traffic came. Responding to Mr. Shelton, Mr. Gaines stated that a new project just started on College Road from McKee Road to Kenton Road. Mr. Gaines stated that Ms. Haxton’s team will be working on this project as well and has just started the field survey. Mr. Gaines explained that regardless of what the roadway looks like there will be an off-road multi-use path. Responding to Mr. Sudler, Mr. Gaines stated that for the new College Road Project, they have a six-year CTP funding that was not available until July 1, 2022. Responding to Mr. Gaines, Mr. Sudler stated that he would help and give his support when it comes time to talk to property owners. Mr. Boggerty invited Ms. Haxton and Mr. Gaines to attend the West Dover Community Town Hall on November 3, 2022, at Maple Dale Country Club from 6:30 p.m. - 8:30 p.m.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 24 Ms. Duca called the committee’s attention to the Committee Action Form in the packet the proposal for speed reduction on Kenton Road. Mr. Hare moved to recommend that City Council support the proposed speed reduction to 35 MPH for Kenton Road between Forrest Avenue (SR8/K51) and Chestnut Grove Road (K158), as recommended by staff. The motion was seconded by Mr. Sudler and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Ms. Arndt, and carried by a unanimous roll call. Responding to Mr. Anderson, Mr. Gaines stated that for College Road, they are going to do a large public outreach to come up with alternatives, present them to the public and choose a preferred alternative. Mr. Gaines stated that a shovel will not go into the ground for three years or better depending on public outreach. Responding to Mr. Anderson, Mr. Gaines stated that they will be one hundred percent responsible for managing all stormwater for any additional roadway they add. Mr. Sudler stated that they are already on four years, and it sounds like it is going to be another three to four before the College Road project is started. Mr. Sudler stated that hearing the grave concerns, and the enormous amount of traffic that is going to be picking up. Mr. Sudler noted that he would like to see College Road bumped up as number one or number two because of the safety issue. Mr. Sudler also stated that he would like to see how it was prioritized and if the safety issue is in more demand than the other area. Mr. Sudler stated that on College Road they have students, seniors at Westminster, fire apparatuses coming down there at high speed when necessary, and even officers and that there is no room to even walk on the other side of the road. Mr. Sudler explained that he knew that on Kenton Road there is some sidewalk available and there is some sidewalk available on Route 8 on the right, but absolutely none is available pretty much on College Road, particularly on the right side where the Grand Lodge is located. Mayor Christiansen stated that a list of projects that the Council sent was prioritized for them last year or early in the spring. Mayor Christiansen stated that the list was sent to and approved by the Dover Kent MPO that were accepted projects. Mayor Christiansen noted that he believes that College Road was one of the top priorities. Mayor Christiansen explained that they moved a couple of the other projects down. Mayor Christiansen noted that MPO and DelDOT are aware of the project moving up, and the urgency to get it done. Mr. Taylor requested that the Mayor and Chief Johnson, send a copy of the procedural notice when it comes to information being sent to council, whether it be a loss of life incident, a fire, or whatever the case may be. Mr. Taylor explained that too many times are finding out information on Facebook, by constituents or by a reporter calling, and then they are not prepared. Mr. Taylor

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 25 stated that the current system, that they have right now is broken. Mr. Taylor stated that there was a loss of life, he found out about it on Facebook, and he is the Chair of Safety. Responding to Mr. Taylor, Chief Johnson stated that he can go to the Dover Police Website and sign up for notifications, which is open for any member of the public to sign up. Mayor Christiansen stated that they will certainly take that under advisement. Mayor Christiansen stated that Mr. Taylor with his prior experience as a police officer would understand that there is some information that can be released immediately and not that they do not have confidence in the council to keep information that should be kept under wraps. Mayor Christiansen stated that it is no sign of disrespect to any member of Council and that they certainly will review our policies. Mayor Christiansen noted that in the past, most of the discretion of the dissemination of information is the prerogative of the Chief to triage what they need to get out and what they do not. Responding to Chief Johnson, Mr. Neil requested that all members of Council be put on the notification list for public information. Mr. Taylor moved for the adjournment of the Safety, Advisory, and Transportation Committee meeting, hearing no objection, the meeting adjourned at 7:02 p.m. UTILITY COMMITTEE The Utility Committee met with Council President Sudler presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt, and unanimously carried. Community Resources - Delaware 211 and Stand By Me (Donna Snyder-White, United Way) Ms. Donna Snyder-White reviewed the presentation entitled Strengthening Families Financial Empowerment Data, Driven Impact. Responding to Mayor Christiansen, Ms. Snyder-White stated that of the 8,300 people who refused a follow-up call most of them felt that they could just make the call on their own or they did not need any additional assistance. Mr. Neil stated that they know that the problem with housing is stability. Mr. Neil stated that the figures show that a person needs over $45,000 or works 95 hours a week at a minimum wage of $9.25 to get rental housing. Mr. Neil noted that the

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 26 problem with rental housing is, and that is all housing, corporations are coming in and scooping up housing that has gone into receivership. Mr. Neil stated that they have bought apartment houses and they bought leased land communities. Mr. Neil explained that as soon as that happened, even if Fannie Mae or Freddie Mac money or any other money that was designed for it to be affordable housing, it is no longer affordable. Mr. Neil stated that he believes a landlord should be paid, they should be paid for the cost of the operation and maintenance because a lot of the things that these corporations are buying are not maintained. Mr. Neil stated that corporations do not have to because there is nothing in the law that says you must maintain it, you must go after them and there are code inspectors who go in and enforce codes for these rentals. Mr. Neil explained that his paradigm is to have a public service commission for all rentals simply because they will do exactly what we do for utilities. Mr. Neil noted that utilities are important, they are private, and these guys do not want to do that. Mr. Neil stated that when he goes to the state legislature, he is going to need help because of an article that appeared last Friday in the Delaware State News. Mr. Neil noted that that article’s headline is, "Here is how to fix Delaware's lack of housing." Mr. Neil stated that unless they do something different, they are going to have the same problem, no matter how much money they put into affordable housing, it will not be affordable any longer. Mr. Neil noted that as soon as you go to buy out, as soon as that buyout is there, you are in the same boat. Mr. Neil explained that they need that housing because every single person must have someplace to go and come back to make all this work. Mr. Neil further explained that the money that is being taken out of this state does not come back in taxes, it is going out to major corporations. Mr. Neil shared a headline, "I do not have any faith in the system. Soaring housing costs have renters mulling how they will vote in the midterms." Mr. Neil explained that the heart of this went to every single candidate that is running, whether they were incumbents, newbies in open markets, or whether they were challengers. Mr. Neil stated that a few members of the state legislature have said "Yeah, we need to go in that direction”, however not enough, they need them on both sides of the aisle. Mr. Neil stated that this article was directed to the voters, anticipating that the article from USA Today said, come on, ask them and we need to get the changes in the state legislature to make it happen. Mr. Neil asked, “why should we continue to compound increases year after year, after year?” Mr. Neil expressed that unless United Way will stand by him when he goes to fight for this, it is not going to happen. Mr. Neil noted that United Way, Housing Alliance, and Neighborhood Good Partners have a reputation. Mr. Neil explained that the President of this Council is not a problem. Mr. Neil further explained that Mr. Sudler has housing, he is local, and basically, his money is coming through on just this principle. Mr. Neil further explained that the principle of this is what it is costing him to run and have it. Mr. Neil stated that if

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 27 he sells, whatever he sells for, he could sell for a fortune that is when we lose the affordable housing. Responding to Mr. Neil, Ms. Snyder-White stated that she will stand with Mr. Neil and thanked him for expressing his passion around this issue. Ms. Snyder- White stated that housing and the lack of affordable housing are very complex and that there is not one single solution, and we know that, right? Ms. Snyder- White explained that they have been dealing with it for a long time in this state. Ms. Snyder-White stated that she is very happy to supply any Council Member with information about the constituents that have reached out to Stand By Me or 211 for help. Ms. Snyder-White stated that she is happy to have some of the actual clients say exactly what they have been going through with where they are at in their life if they want to share that. Ms. Snyder-White explained that some of them have, and she thinks it is more than the data, it is people sharing their stories and being available to you to support that. Ms. Snyder-White agreed with Mr. Neil that there are businesses that are coming in, scooping up the properties and then they sell them at a higher price. Landlords are putting people out of their units or homes, renters, because they want a higher value that other people can afford. Responding to Ms. Snyder-White, Mr. Neil stated City Council passed an Ordinance last night for lease land communities where the owner, any community owner who has purchased a community or someone who could not pay the rent and they have the house, now must have a certificate of occupancy so that house is safe. Mr. Neil noted companies are selling houses that do not have floors, toilets, or cabinets, they sell them and then turn them over. Mr. Neil noted that now they cannot do that anymore. Mr. Neil stated that they are selling houses they do not have titles to, they are not allowed to sell that, but they are. Mr. Neil noted that they are getting away with it because the person who buys a house does not have a title, they cannot sell it and we now must report that to the Department of Justice. Mr. Neil shared that we had a situation where a family of four, parents were disabled, and children were disabled. Mr. Neil continued to share that when the Code Inspector went into that house, she said, "You have to leave immediately." She condemned it. Why? Mr. Neil stated that the house had dangerous electrical problems, but they did not have a doorknob, they opened a door with a knife. Mr. Neil explained they wound up with their mother in a mobile home in Maryland because Delaware had nothing. Mr. Neil noted that the paradigm must change to keep affordable housing affordable. Mr. Neil stated that it is essential that they must do everything they can to open and have places for people to live. Mr. Neil suggested that the Neighborhood Good Partners may now be able to come in and take over a property, would be great because they are professionals, and we know they are going to do the job.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 28 Responding to Mr. Anderson, Ms. Snyder-White stated that the Stand By Me Minority Small Business Program is a 12-month program, they assigned individual financial and business coaches, that looked at their personal finance as well as the business finance, and leaned in to understand, build a relationship. Ms. Snyder-White explained that first, they build trust but also lean in to understand what each business was struggling with, what the identified barriers could be validated, and to put in strategies to help them overcome those barriers. Ms. Snyder-White further explained that this meant partnering with several resources that are not just in a United Way but in the community to help strategize how to either accelerate their business, write a business plan, customer retention strategy, whatever the need was that we helped them to solve that problem. Ms. Snyder White stated that they partnered with Barclays Bank, which afforded them engagement funding, a client benefit fund as well as a barrier fund. Ms. Snyder-White continued to state that United Way assisted them with getting grants that were available in the community. Ms. Snyder-White noted that Barclays with the barrier fund was able to help give them the money to buy the bigger piece of equipment that helps them get more yield and production out of what they were doing. Ms. Snyder-White stated that with a combination of learning and understanding what the barriers are, what is impeding the business growth, and working with partners to develop strategies to help them overcome the barriers, how we got there. Mr. Anderson requested Ms. Snyder-White to provide a list of some of the unmet needs she sees that are within our community. Annexation Request - Consideration of Utility Services for 1107 S. Bradford Street owned by Ditko Properties LLC (AX-22-02) (Mary Ellen Gray, Director of Planning, and Inspections) Staff recommended upon consideration of utility services, it is found that electric, water, and sanitary sewer services are provided and/or available to the property at 1107 S. Bradford Street. The Electric Department and Department of Water and Wastewater have no objection to its annexation. Mr. Hare moved to recommend upon consideration of utility services, it is found that electric, water, and sanitary sewer services are provided and/or available to the property at 1107 S. Bradford Street. The Electric Department and Department of Water and Wastewater have no objection to its annexation, as recommended by staff. The motion was seconded by Mr. Anderson and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Ms. Arndt, and carried by a unanimous roll call.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 29 Evaluation of Bids – College Road Pump Station Replacement (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 College Road Pump Station Replacement. Staff recommended awarding the contract to Teal Construction for the College Road Pump Station Replacement, RFP #23-0001WW, for $580,580. Mr. Hare moved to recommend awarding the contract to Teal Construction for the College Road Pump Station Replacement, RFP #23-0001WW, for $580,580, as recommended by staff. The motion was seconded by Mr. Anderson and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Ms. Arndt, and carried by a unanimous roll call. Mr. Sudler moved for adjournment of the Utility Committee meeting, hearing no objection, the meeting adjourned at 7:38 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Sudler moved for adoption of the agenda, seconded by Dr. Pillsbury, and unanimously carried. Update from the Fraternal Order of Police (FOP) on Membership Priorities (Tim Mullaney, FOP President) Tim Mullaney, the Fraternal Order of Police (FOP) Lodge 15 President, stated that he sent a letter on October 7, 2022, to the entire Council. Mr. Mullaney explained that the recent Council action to accept a wage scale instead of some things that they gave up such as some different procedures for retirement dates. Mr. Mullaney stated that he has been told that he is aggressively pushing this, that it is eventually going to come, and that he should just let it come. Mr. Mullaney explained that the issue arises for him, that when he presented this to the FOP for their agreeance in what we were negotiating with the city, it was under the impression that obviously that there was no money to do what we needed in the scale to have that enacted at that point. Mr. Mullaney stated that he continues to have to explain to the membership of the FOP that they see money being spent in other areas throughout the city when they gave certain things up that could greatly affect how they proceed throughout the

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 30 rest of their career. Mr. Mullaney stated that he thinks it is great what the city is doing with the wage equity study. Mr. Mullaney explained what sparked this letter was a meeting in September where he sat down with the City Manager, Human Resources Director, and the other union heads in the same room to discuss where they were currently at with the wage equity study. Mr. Mullaney noted that he did the wage equity study for the Police Department, and he knows they were compared with who they were being compared with. Mr. Mullaney stated that he expresses that their mark with equity with this new wage scale is there but that there is another piece of the matter that he must explain to his membership that they are going to continue to watch the city negotiate with other unions. Mr. Mullaney explained that other unions are going to receive raises, possibly receive raises based on this wage equity study before the implementation of this wage scale that they negotiated well before they had any thought or any understanding that this is the action that the city was taking. Mr. Mullaney noted that he thinks this is a great course of action that the city is taking. Mr. Mullaney stated that it still does not help him explain to the membership when, lack of better terms, he sold to them the financial stability of where the city was when they agreed to this wage scale. Mr. Mullaney continued to state that there were items they gave up because it was not able to be in the budget and was not something they could afford. The city, meaning the FOP, watched $550,000 go towards bonuses throughout the city. Mr. Mullaney stated that money that was not in the budget, was money that was found, that was money that was moved around, and that was money that freed up to do something that he thinks was for a great cause. Mr. Mullaney stated that it still shows that if the city wants to do something, they find the money to do it. Mr. Mullaney explained that he has been with the city long enough that he sees that the city has things that they have to do and are costly. Mr. Mullaney further explained that this is what provoked him to send this letter and that he cannot continue to explain to his membership that money is going to continue to go out when they were told that there was no money. Mr. Mullaney stated that is why he put within the letter, that he would ask for the wage scale to get moved up to January 1st of this year and that they voluntarily remove themselves from the wage equity study. Mr. Mullaney noted that for lack of better terms, that study does not matter to them and that it is not going to affect them because they already know where they are in comparison. Mr. Mullaney suggested that they would be able to revisit any type of wage discussions during their normal negotiations in two years. Mr. Mullaney stated that as the FOP president, he must be their voice and stand before the council and ask because he cannot continue to explain to them when they see money going out because the question is to him, where was that money when we agreed? Mr. Mullaney explained that they made it under the understanding in working with the City Manager, Mayor, and Police Chief that they could not afford it.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 31 Responding to Mr. Mullaney, Mr. Anderson stated that he would like to offer some information that may help your membership be a little more comfortable with some things. Mr. Anderson explained that the City received some money due to a property sale and then they were able to help all the employees. Mr. Anderson stated that they were expecting more, but some sales have not gone through and that he is sure they will piece by piece. Mr. Anderson asked for a little patience, and they do believe that this is one of the great priorities in keeping our city safe and making sure they keep the experienced people that they have. Mr. Anderson thanked Mr. Mullaney. Mayor Christiansen thanked Mr. Mullaney for his presentation. Mayor Christiansen assured Mr. Mullaney that he, the City Manager, and the Chief, their word is their bond and council has given them the go-ahead to facilitate the request that the FOP made sooner than later. Responding to Mr. Sudler, Mr. Hugg stated that the police have been very limited in their ability to replace vehicles now for two years as a function of the supply chain problems and the manufacturing difficulties that they have encountered. Mr. Hugg stated that the police are scheduled for 15 vehicles that they are currently on the manufacturer's list to have built and supplied. Mr. Hugg noted that they are in the budget; they are carryovers from the prior year because they were not replaced last year. Responding to Mr. Sudler, Mr. Hugg stated that there were a couple of vehicles that were approved for replacement in this budget year. Mr. Hugg explained that they struck all the vehicles except a couple that was way past their prime and needed to be replaced. Mr. Hugg noted that they are going to be very far behind on the vehicle fleet by next year. Responding to Mr. Hugg, Mr. Sudler offered his observation on their previous budget process and that they deferred a lot of line items that the council highlighted that we put off. Mr. Sudler stated that he believes a lot of those items need to be visited while they are visiting the pay increase and the FOP request because he is very concerned about those line items. Mr. Sudler stated that now that we have a little lead way, we need to get back to those top priorities, and line items in conjunction with the FOP's request. Mr. Hugg stated they have two departments, Planning and Inspections and Parks and Recreation to go through but they are wrapping up a first-quarter budget review with all the departments. Mr. Hugg stated that most of them, fortunately, are close to what was expected and their budgeted amounts. Mr. Hugg explained that the idea was that each quarter they would, take a very hard look at the budget and the revenues. Mr. Hugg further explained that he hopes that by mid-year he will be able to come back to Council and maybe make some budget adjustments.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 32 Mr. Hugg noted that perhaps they can do something with the purchase power adjustment clause, but they just need to let that workout. Mr. Hugg stated that when the FOP came to us back in April, they had a seven- and-a-half million-dollar deficit. Mr. Hugg continued to state that they quite honestly had to say to them then that they did not have money. Mr. Hugg noted that they were worried about being able to close the year without going into debt. Mr. Hugg stated when he came to council in late June, they gave council a budget that raised utility rates, raised electric rates, raised property taxes, and had severe cuts in it. Mr. Hugg stated that led him to suggest the opportunity to do something for all our employees because there was nothing else left in the budget quite frankly. Mr. Hugg noted that as the Mayor indicated, the agreement is still on their desk and that they are going to honor it as soon as they can. Mr. Hugg stated that they have got to also work their way through some of these wage questions so that they are treating all the employees fairly. Mr. Sudler stated that if they could bring down the electric rate just a little bit as Councilman Boggerty has so eloquently echoed as well as other council persons. Mr. Sudler stated that he thinks that they need to look at our constituents first and foremost because if they are not satisfied, if they cannot pay the bill, then we are all out of a job. Mr. Hugg noted that they need the Police Department, they need the Fire Department, but we need our constituents first and foremost and that they need to get them relief. Mr. Sudler stated that as Councilman Neil has been so passionate about tonight, they need to get relief to our constituents who pay us, we work for them, they do not work for us, and they are starting to feel like they work for us. Councilman Neil noted that we should take care of our constituents and they will take care of us. Responding to Mr. Sudler, Mr. Hugg stated that there is a property sale that has not been settled yet, there are factors that they are addressing, and he hopes that it will make our financial situation a lot more comfortable as we get into midyear. Mr. Hugg explained that he and Mr. Anderson have been tracking natural energy, and natural gas prices and they broke $5 downward the other day. Mr. Hugg noted he has not seen them at $5 in a year. Mr. Hugg stated that if they stay there that should start to reflect in some of our energy costs. Mr. Hugg explained that the last two hedge purchases that we have undertaken for energy have been at prices a little bit better than we expected them to be. Mr. Hugg noted that means that they have been more favorable to us than we expected them to be. Mr. Hugg stated that he committed when we did this budget that they were going to track it as closely as they can, and he commended all the departments who are being mindful of their budgets.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 33 Mr. Sudler requested a breakdown from Mr. Hugg sooner rather than later because constituents contact them almost daily. Mr. Sudler stated that they do want to make sure our employees have a high job satisfaction rate and are treated fairly across the board. Mr. Sudler thanked Team Dover. Proposed Ordinance #2022-14 - Amending Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings and Appendix F - Fees and Fines (Mary Ellen Gray, Director of Planning, and Inspections) Ms. Mary Ellen Gray reviewed the background and analysis of the Proposed Ordinance #2022-14 – Amending Chapter 22 - Buildings and Building Regulations, Article X. – Rental Dwellings and Appendix F – Fees and Fines. Staff recommended approving the Ordinance for First Reading at the November 14, 2022, Regular City Council Meeting Responding to Mr. Anderson, Mr. Neil stated that he was satisfied with the changes that were made and is appreciative of the efforts that have been made by staff. Mr. Neil moved to remove Proposed Ordinance #2022-14 - Amending Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings and Appendix F - Fees and Fines (Mary Ellen Gray, Director of Planning, and Inspections) off the table. The motion was seconded by Mr. Boggerty and unanimously carried. Mr. Hare moved to recommend approving the Ordinance for the First Reading on November 14, 2022, Regular City Council Meeting, 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 Ms. Arndt, and carried by a unanimous roll call. Mr. Anderson announced that tonight was the first time that they have heard a little from the employees’ unions. Mr. Anderson stated that they will hear over the next few sessions from each of the employees’ unions by the end of the year to give the council a broader perspective so they can understand what is going on from their perspective in the city. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection, the meeting adjourned at 7:58 p.m. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting, hearing no objection, the meeting adjourned at 7:58 p.m.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 34 MONTHLY REPORTS - SEPTEMBER 2022 By motion of Mr. Neil, seconded by Ms. Arndt, 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 FIRST READING - PROPOSED ORDINANCE #2022-10 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 302-736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed ordinance will take place during the Council Meeting on November 28, 2022. Ms. Gray, Director of Planning, explained that follow-up discussions were had with our Customer Service Director, Trish Marney, City Solicitor Nick Rodriguez, and City Manager Hugg regarding whether fees and fines need to be placed on a tax bill in order to be collected through munitions. Mr. Rodriguez indicated that per our Charter Section 28 and the taxation section of the code, any cost owed by the taxpayer which is placed on a municipal lien docket can be used for collection in a munition sale action that is filed. Ms. Gray stated that as a result, they have changed the language in the proposed ordinance to read unpaid fees and fines are to be placed on the municipal lien docket by the city against the property on which the violation occurred. Ms. Gray continued to state that this change, as well as other related changes per Mr. Rodriguez's opinion of the proposed ordinance, are indicated in the yellow highlighted text in Council’s packet. Ms. Gray thanked Director Marney, City Manager Hugg, and City Solicitor Rodriguez for taking the time to review this proposed ordinance and come up with a workable solution that will move the city forward to improving the outcomes of the city’s properties here in the City of Dover. I would also like to thank City Council for their patience as we work through these issues. Mr. Anderson moved to incorporate the staff’s amendments, seconded by Mr. Hare and unanimously carried. In accordance with 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 #2022-10 AMENDING CHAPTER 1 – GENERAL PROVISIONS, SECTION 1- 17 – GENERAL PENALTY; SEPARATE OFFENSES; UNPAID FINES FIRST READING - PROPOSED ORDINANCE #2022-14

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 35 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 302-736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed ordinance will take place during the Council Meeting on November 28, 2022. Ms. Gray explained that it may be helpful to note that the version that was posted in the packet last week was incorrect. Ms. Gray continued to explain that the correct version was posted today. Ms. Gray stated that she has a hard copy of the correct version if anybody would like a hard copy if they did not have a chance. Ms. Gray continued to state that this ordinance clarifies that an inspection is required in order to renew a rental license and raises the fees for rental permits, which helps keep up with the rising costs of inspections and are more in line with other jurisdictions. Ms. Gray noted that this ordinance also requires that property owners, who rent out properties, have property insurance. Ms. Gray explained that per council discussion and direction, at the September 27, 2022, legislative finance and administration committee meeting, when this proposed ordinance was first introduced, this first reading proposes the following changes from the original proposal, which include: deleting the definitions of liability and property insurance, since these definitions are no longer needed, reinstated the original definitions for agent required under Section 22-333, and added that the lessee of a dwelling cannot be the agent for the dwelling they lease, revised the language for the insurance required under the new Section 22-334, and reinstated the safe community ordinance. Ms. Gray stated that she would like to thank City Council for their comments, as well as their patience, as they work through these issues. Mr. Neil stated that the synopsis very clearly states the reason why the number of sections dealing with the Safe Communities Leased Addendum had to be struck, because of the conflict with the state law dealing with landlords and tenants. Mr. Neil noted that the fact is, it really was some teeth that the City could use to make sure that the landlords look after their properties, and when they have people who should not be in there, to get rid of them. Mr. Neil stated that he is sorry to see it go. Mr. Neil continued to state that he understands why it is, and he congratulated them on doing a good job of pulling this together, even though they lost this section in the process. Responding to Mr. Neil, Ms. Gray explained that per the discussion at the September 27, 2022, meeting, there was a direction given by council to reinstate the Safe Communities ordinance. It was put back in the ordinance. Council President Sudler stated they had a concern because they know that an eviction of a tenant has to be done by court proceedings. Mr. Sudler continued to state that he thinks that the concern that they had was if it is the same area that they focused on, that if an individual in a residency received three citations, they had to receive a citation from the officer, stating that you have been given a citation for loud music or for vandalism, three times in 12 months, then the landlord would have to evict, or he thinks it was the city would start the eviction process? Mr. Sudler stated that at one point, he thinks that was the beginning of what they were dealing with at one point.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 36 Responding to Council President Sudler, Ms. Gray stated that is one of the main concerns and why planning staff had recommended striking this ordinance, due to its, contradiction with the State of Delaware landlord-tenant code. Ms. Gray stated that they are unsure as to how they can enforce that component of this ordinance due to its conflict with the landlord-tenant code. Responding to Council President Sudler, Mr. Hugg clarified this discussion is correct. The issue with the Safe Communities ordinance is the fact that it would violate the state landlord-tenant law in regard to what he mentioned. The solicitor provided an opinion to the city, at least a couple of years ago now, that the city could not actually enforce that ordinance, and to do so would subject the city to potential litigation. Mr. Hugg noted that even though it is on the books, and it does instruct the Chief and himself to take a certain action, they have been advised by legal counsel not to enforce the ordinance. Mr. Hugg stated that is why a couple of times now they have suggested, in spite of its good intentions, it probably ought to be stricken from the code. Mr. Sudler suggested putting some language in, where the property owner could be fined if they do not provide. Mr. Sudler explained that the landlord-tenant code does allow for the property owner to provide a seven-day notice if there is a breach of covenant in the landlord-tenant agreement, if there is a breach of covenant, then they have seven days to cure that defective behavior. Mr. Sudler stated if they do not cure it and it happens again, then the landlord has the right to file in court and they can prove it, but that they have to send a seven-day notice, written notice, certified. Mr. Sudler suggested that the city can require them to send a seven-day notice or urge them to send a seven-day notice that, this person has received three citations in 12 months or whatever and try to encourage them to do a seven-day notice violation. Mr. Sudler noted that failure to do so, if they do not, then maybe the city just fine them with the nuisance ordinance. Mr. Sudler stated it is very similar to what the city adopted when they were dealing with the Elks Lodge, which is a thousand dollars, and it would exceed pending. Mr. Sudler noted that is just his suggestion and that he just wanted to put it on the record. Mr. Anderson stated that this is not really an issue for tonight, because nothing changes in the state of the law. Mr. Anderson continued to state that the purpose of this ordinance was to address certain issues dealing with insurance and rental permits, not to go overboard with other things. Mr. Anderson stated that there is a huge misunderstanding about what the Safe Communities ordinance is and what it requires. Mr. Anderson noted that he thinks some of that seems to be mixing up, like the noise ordinance and its requirements. The Safe Communities ordinance has the landlord's copy of the Safe Communities addendum that every public housing authority has. Mr. Anderson stated that it is not something that was made up, it is not something that the city of Dover decided to take some unique path about. Mr. Anderson stated that it is something that, is in operation right now and that it has been a success. Mr. Anderson stated that is why the late Mr. Pepper and Ann Marie Townsend took a certain model that had already been vetted in the courts. Mr. Anderson explained that what it does is it allows, so now the lease agreement, for the

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 37 people who accept it and incorporate it into the lease agreements, is presented to the landlords and they have the opportunity, when the lease is renewed, to add this as an addendum. Mr. Anderson stated that the addendum says that the tenant agrees that if their property is used for serious illegal activity and there are three violations within 12 months, then they will be subject to eviction. Mr. Anderson continued to state that if that is violated and that information is given to the police, it protects the landlord. Mr. Anderson explained that the landlord then has the right, which they did not have without it, to go to court and evict the tenant for a breach of the contract. Mr. Anderson stated that it is not the city taking them to court to breach the contract, nor is the city forcing the landlord to do so. Mr. Anderson stated that if the landlord chose not to, then the property would fall under a nuisance property or a disorderly premises, and the rental permits would be broken and discharged. Mr. Anderson stated that it was done in a very specific legal way to avoid the problems that have been discussed and to make sure that we had the authority to do it. Mr. Anderson stated that the city even changed the Charter to allow, which is something different from the last few years, to give the city more jurisdiction, specifically over rental properties and Safe Communities. That was specifically put in the charter change. Mr. Anderson stated that it was not done by accident, it was done very specifically to keep this in mind to make sure the city is allowed to do this addendum. Mr. Anderson continued to state that now that they have done it, as he said before, now they need to take and review everything and make sure everything is workable. Mr. Anderson noted that the city does not do that by repealing it, we do that by later on coming up and doing the smart thing on the agenda, with our legal counsel, and going step-by-step and making sure everything is workable. Mr. Anderson stated that when they operated before, it literally saved neighborhoods. Mr. Anderson stated that they would not have a functioning Hamlet without the Safe Communities ordinance. Mr. Anderson stated that Lincoln Park would not be a functioning community. Mr. Anderson stated that this is something that is important, and we have all, like he said before it is not something we have to deal with tonight, because the point of what the committee did, almost unanimously, was to make sure that the ordinance focused on what it was originally intended to focus on, which was insurance and not everything else under the sun. Ms. Arndt agreed with Councilman Anderson that this is an important issue that needs to be discussed in more detail at a committee meeting so that they can workshop it. Ms. Arndt stated that she would like to hear more from City Solicitor Rodriguez on his opinion, which is a recent opinion. Ms. Arndt stated that she would assume that he had looked at all the recent changes or case law, or what have you. Ms. Arndt noted that she would like to hear more about that. Ms. Arndt stated, that as she recalls, the discussion and the vote at the committee meeting was to decouple this issue from this rental ordinance so that we could move forward with the logistics and making the changes to the fines and fees and then consider the Safe Communities discussion later. Ms. Arndt stated that she does not want to lose sight of that. Ms. Arndt noted that she wants to bring that back to a future committee meeting and discuss that in-depth, but that hopefully, they can move forward tonight.

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 38 In accordance with 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 #2022-14 AMENDING CHAPTER 22 – BUILDING AND BUILDING REGULATIONS, ARTICLE X.– RENTAL DWELLINGS ANNEXATION/REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE #2022-25 – THREE (3) PROPERTIES LOCATED ON WEST DENNEYS ROAD – 57 ROCKY ROAD OWNED BY GEORGE L. CRAIG JR. AND DEBORAH J. CRAIG (Parcel A); 4085 WEST DENNEYS ROAD OWNED BY ROBERT G. KELLER AND GLORIA K. KELLER (Parcel B), AND AN UNADDRESSED LOT LOCATED ON THE NORTH SIDE OF WEST DENNEYS ROAD AND WEST OF CARLISLE DRIVE, OWNED BRUCE A. BURKETT (Parcel C) A request was received for annexation and rezoning of properties located at 57 Rocky Road, consisting of 27.5834+/- acres (Parcel A), owned by George L. Craig Jr. and Deborah J. Craig; 4085 West Denneys Road, consisting of 10.5661+/- acres (Parcel B), owned by Robert G. Keller and Gloria K. Keller; and an unaddressed parcel located on the north side of West Denneys Road and west of Carlisle Drive, consisting of 1.9662+/- acres (Parcel C), owned by Bruce A. Burkett. Parcel A is currently zoned AR (Agricultural Residential District) (Kent County Zoning Classification), and the proposed zoning is RM-2 (Medium Density Residence Zone) (City of Dover Zoning Classification) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). Parcel B is currently zoned RM (Multifamily Residential District) (Kent County Zoning Classification), and the proposed zoning is RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). Parcel C is currently zoning AR (Agricultural Residence District) (Kent County Zoning), and the proposed zoning RM-2 (Medium Density Residence Zone). Staff recommended that the request be referred to the Utility Committee on November 29, 2022, and to the Planning Commission on December 19, 2022; and that a public hearing be set for January 9, 2023, at 6:30 p.m. (Tax Parcel: ED-00-056.00- 01-40.00-000 (Parcel A), ED-00-056.00-01-41.00-000 (Parcel B), and ED-00-056.00- 01-42.00-000 (Parcel C); Planning Reference: AX-22-03 A, B, and C; First Council District ) Mr. Hare moved for referral, as recommended, seconded by Ms. Arndt, and unanimously carried. In accordance with 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 #2022-25 AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 39 DESIGNATION FROM A KENT COUNTY ZONING CLASSIFICATION TO THE CITY OF DOVER ZONING CLASSIFICATION FOR THREE PARCELS ON WEST DENNEYS ROAD. FINAL READING - PROPOSED ORDINANCE #2022-18 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of October 25, 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. Rocha, and unanimously carried. (The First Reading of the proposed ordinance was accomplished during the Council Meeting of October 25, 2022.) By motion of Mr. Anderson, seconded by Mr. Hare, and carried by a unanimous roll call vote, Council adopted Ordinance #2022-18. (Exhibit #4) CITY MANAGER'S ANNOUNCEMENTS No Announcements from Mr. Hugg. MAYOR’S ANNOUNCEMENTS Mayor Christiansen wished a belated Happy Veteran’s Day to all honored veterans, those who have served, currently serve, and those who will serve in the future. Mayor Christiansen invited Nia Pope, her mother, Mrs. Adams, and her brother Nicholas to the podium. Mayor Christiansen congratulated and thanked Ms. Pope, a graduate of Delaware State University, Class of 2022 for her service to the City of Dover over the past 5 years. Mayor Christiansen explained that Ms. Pope is starting a new job as a producer for NFL Films. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Rocha, First District Councilman, expressed his sincere appreciation to the Mayor, members of Council, and the city of Dover staff for the encouragement, the condolences, the cards, the sandwiches for his family, and the love. Mr. Rocha stated his family expresses deep gratitude. Mr. Anderson, Fourth District Councilman, thanked Tracy Palmer Ministry, Trinity Church, and the Omegas, that were just honored, for allowing us to join them as sponsors to the Thanksgiving dinner that happened this past Saturday in the fourth district, where over 80 local residents were served. Mr. Anderson stated that it was a success, and he is looking forward to it again next year. Mr. Anderson explained that they are so glad to have it back and to have it once again growing after it got canceled for COVID-19. Mr. Anderson further stated that it was a privilege to be a sponsor of it as well. Mr. Anderson reminded everyone of upcoming events. On December 10, 2022, there is a toy and coat drive at the Dover Public Library from noon to 1:30 p.m., and those interested can register by calling 211 and then pressing the number four. This will allow you to register for the event. Mr. Anderson thanked members of Council for giving funds to sponsor the event. Mr. Anderson stated that on Thursday, December 1, 2022, the city will hold the Capital Holiday celebration

CITY COUNCIL MEETING OF NOVEMBER 14, 2022 PAGE 40 from 5:00 p.m. to 8:00 p.m. Mr. Anderson explained that there has been an issue where some people have had some concerns, based upon what was not said, regarding the payment schedule that the council passed. Mr. Anderson assured everyone that what Council passed is still in effect until it is decided otherwise. He further explained that they do need to look at certain budgetary concerns, but there is no need for alarm at this time. Mr. Anderson stated that it is just something that the temperature can be turned down, and everyone moves ahead. Mr. Anderson stated that it will be dealt with on November 29th. Mr. Hare, Second District Councilman, thanked everyone for Delaware Military support for Operation Warm Heart for the Thanksgiving donations for our military. Mr. Hare explained that it hasn’t reached the thousand-dollar match yet, but he will probably give it anyway. They have raised almost $5,000 to support Thanksgiving dinners for the families on base. Mr. Neil, Third District Councilman, announced that on Thanksgiving at 4:30 p.m., our newest event for the city of Dover should draw many people. Mr. Neil explained it is called Gift of Lights. It is located where Firefly is held. Mr. Neil stated that the cost is $35 per car and $90 for a busload of people to come through. Mr. Neil stated that it is going to be spectacular lighting. He further explained that he doesn't know what it's going to look like until it opens, but it is coming to Dover and should be here hopefully for a long time to come. It runs through New Year's Day. Mr. Hare followed up on Mr. Neil’s announcements, stating that on December 9, 10, 16, 17, at the Festival of Lights there will be a merry old, bearded guy in a red suit by the monster. Meeting adjourned at 9:00 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of November 14, 2022, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB Exhibits Exhibit #1 – Letter of Support- T. Espinosa-Owner of El Nopal Mexican Restaurant Exhibit #2 – Letter of Support- Terry Tolson, Director of Operations of Bennie Smith Funeral Home Exhibit #3 – Letter of Support- Terrence Nichols, Owner of Bennie Smith Funeral Home Exhibit #4 – Ordinance #2022-18 Project Carry-Forward Budget Balances/Proposed Budget Amendments

Item #2. EXHIBIT #1 City Council Meeting of November 14, 2022 Page 55

EXHIBIT #2 City Council Meeting of November 14, 2022 Item #2. Page 56

EXHIBIT #3 City Council Meeting of November 14, 2022 Item #2. Page 57

EXHIBIT #4 City Council Meeting of November 14, 2022 Item #2. CITY OF DOVER ORDINANCE # 2022-18 2022-2023 BUDGET ORDINANCES BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Fifty-Six Million One Hundred Fifty-One Thousand Nine Hundred dollars ($56,151,900) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: GENERAL FUND CASH RECEIPT SUMMARY FOR 2022-2023 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 10,077,500 $ 10,077,500 RECEIPTS FINES AND POLICE REVENUE 610,100 610,100 LIBRARY REVENUES 103,100 103,100 KENT COUNTY BOOK REIMBURSEMENT 200,000 200,000 BUSINESS LICENSES 1,450,000 1,450,000 PERMITS AND OTHER FEES 1,383,000 1,383,000 POLICE EXTRA DUTY 240,000 240,000 PROPERTY TAXES 15,825,000 15,825,000 RECREATION REVENUE 129,000 129,000 FRANCHISE FEE 600,000 600,000 SANITATION FEES 3,564,200 3,564,200 RENT REVENUE - GARRISON FARM 110,000 110,000 COURT OF CHANCERY FEES 1,500,000 1,500,000 INVESTMENT INCOME 85,000 85,000 RECEIPTS SUBTOTAL 25,799,400 25,799,400 INTERFUND SERVICE RECEIPTS INTERFUND SERVICE RECEIPTS GENERAL GOV 1,472,200 1,472,200 INTERFUND SERVICE RECEIPTS PUBLIC WORKS 674,900 674,900 INTERFUND SERVICE RECEIPTS CENT SRVCS 1,013,500 1,013,500 INTERFUND SERVICE RECEIPTS FIN ADMIN 3,020,800 3,020,800 INTERFUND SERVICE RECEIPTS SUBTOTAL 6,181,400 6,181,400 GRANTS: POLICE EXTRA DUTY 165,000 165,000 POLICE GRANTS FUND 287,500 287,500 POLICE PENSION GRANT 500,000 500,000 GREEN ENERGY GRANT 98,500 98,500 MISC STATE GRANT REVENUE - 67,600 GRANTS SUBTOTAL 1,051,000 1,118,600 TRANSFERS FROM: TRANSFER TAX 1,800,000 1,800,000 MUNICIPAL STREET AID 750,000 750,000 CIVIL TRAFFIC PENALTIES 400,000 400,000 WATER/WASTEWATER 2,000,000 2,000,000 ELECTRIC 8,000,000 8,000,000 OTHER RESERVES 25,000 25,000 TRANSFERS FROM SUBTOTAL 12,975,000 12,975,000 TOTAL REVENUES 46,006,800 46,074,400 TOTAL BEGINNING BALANCE & REVENUE $ 56,084,300 $ 56,151,900 Page 58 1

Item #2. 2022-2023 BUDGET ORDINANCES GENERAL FUND - EXPENDITURES AND BUDGET BALANCE FOR 2022-2023 2022/23 2022/23 DEPARTMENT EXPENSES APPROVED REVISED W/CF CITY CLERK $ 379,300 $ 379,300 COUNCIL 256,800 256,800 PLANNING 757,600 757,600 CITY MANAGER 1,251,200 1,251,200 HUMAN RESOURCES 488,300 488,300 MAYOR 234,400 234,400 FIRE 724,000 724,000 LIFE SAFETY 594,700 594,700 CODE ENFORCEMENT 821,300 821,300 INSPECTIONS 758,200 758,200 POLICE 19,206,200 19,206,200 POLICE EXTRA DUTY 405,000 405,000 PUBLIC WORKS - ADMINISTRATION 541,800 541,800 STREETS 674,800 674,800 SANITATION 2,801,100 2,801,100 GROUNDS MAINTENANCE 1,611,100 1,611,100 STORMWATER 864,900 864,900 FACILITIES MANAGEMENT 844,200 844,200 PUBLIC WORKS - ENGINEERING 188,700 188,700 LIBRARY 1,916,500 1,916,500 RECREATION 1,341,300 1,341,300 PROCUREMENT & INVENTORY 754,800 754,800 FLEET MAINTENANCE 941,100 941,100 INFORMATION TECHNOLOGY 832,700 832,700 FINANCE 1,109,500 1,109,500 CUSTOMER SERVICE 1,393,300 1,393,300 DEPARTMENT SUBTOTALS 41,692,800 41,692,800 OTHER EXPENSES DEBT SERVICE 630,000 630,000 CONTRIBUTION TO DDP 150,000 150,000 INSURANCE 950,000 950,000 RETIREES HEALTH CARE 2,328,500 2,328,500 OTHER EMPLOYMENT EXPENSES 514,400 514,400 BANK & CREDIT CARD FEES 36,000 36,000 STREET LIGHTS 810,000 810,000 EMERGENCY STORM EXPENSE 150,000 150,000 OTHER EXPENSE SUBTOTAL 5,568,900 5,568,900 TRANSFERS TRANSFER TO CAPITAL FUND - PROJECTS 3,536,500 3,554,600 APPROP. POLICE PENSION - STATE GRANT 500,000 500,000 APPROP. TO TE GENERAL PENSION FUND 1,000,000 1,000,000 TRANSFER TO ELECTRIC FUND (ERP) 25,000 25,000 TRANSFER TO INVENTORY RESERVE 25,000 25,000 TRANSFERS SUBTOTAL 5,086,500 5,104,600 TOTAL EXPENDITURES 52,348,200 52,366,300 CURRENT YEAR BALANCE 3,736,100 3,785,600 TOTALS $ 56,084,300 $ 56,151,900 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 59 2

CITY OF DOVER ORDINANCE # 2022-18 Item #2. GOVERNMENTAL CAPITAL PROJECTS FUND REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Twelve Million Eight Hundred and Five Thousand Two Hundred dollars ($12,805,200) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: REVENUES 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE - PROJECTS $ 463,900 $ 6,036,100 REVENUES STATE GRANTS - Other 1,452,500 1,604,500 TRANSFER FROM GENERAL FUND 3,536,500 3,554,600 TRANSFER FROM PARKLAND RESERVE 1,045,000 1,045,000 TRANSFER FROM CAPITAL ASSET RESERVE 290,000 290,000 TRANSFER FROM LODGING TAX 275,000 275,000 SUBTOTAL PROJECT RECEIPTS 6,599,000 6,769,100 TOTAL FUNDING SOURCES 6,599,000 6,769,100 TOTAL BEGINNING BALANCE AND REVENUES $ 7,062,900 $ 12,805,200 EXPENSE SUMMARY 2021/22 2022/23 EXPENDITURES APPROVED REVISED W/CF FIRE $ 360,800 $ 507,100 GROUNDS 93,900 163,100 LIBRARY - 154,500 RECREATION 1,940,000 1,945,700 CODE ENFORCEMENT 25,300 25,300 INSPECTIONS - 29,700 POLICE 858,200 1,352,000 STREETS 128,000 2,117,500 STORMWATER 1,865,700 3,206,600 SANITATION 527,000 1,225,400 INFORMATION TECHNOLOGY 153,100 160,600 FACILITIES MANAGEMENT 200,000 969,300 PROCUREMENT & INVENTORY 172,000 172,000 TOTAL EXPENDITURES 6,324,000 12,028,800 BUDGET BALANCE 738,900 776,400 TOTAL BUDGET BALANCE & EXPENDITURES $ 7,062,900 $ 12,805,200 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. Page 60 3

CITY OF DOVER ORDINANCE # 2022-18 Item #2. GENERAL FUND CONTINGENCY CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Seven Hundred Fifty-Three Thousand Five Hundred dollars ($753,500) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 740,500 $ 740,500 INTEREST EARNED 13,000 13,000 TOTALS $ 753,500 $ 753,500 EXPENSE SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF CARRY FORWARD TO NEXT YEAR $ 753,500 $ 753,500 TOTALS $ 753,500 $ 753,500 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 61 4

CITY OF DOVER ORDINANCE # 2022-18 Item #2. GOVERNMENTAL CAPITAL ASSET RESERVE CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating One Million Six Hundred Thirty-Nine Thousand Nine Hundred dollars ($1,639,900) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 1,619,900 $ 1,619,900 INTEREST EARNINGS 20,000 20,000 TOTALS $ 1,639,900 $ 1,639,900 EXPENSE SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF TRANSFER TO GOVERNMENTAL CAPITAL PROJECTS FUND $ 290,000 $ 290,000 CARRY FORWARD TO NEXT YEAR 1,349,900 1,349,900 TOTALS $ 1,639,900 $ 1,639,900 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 62 5

CITY OF DOVER ORDINANCE # 2022-18 Item #2. PARKLAND/RECREATION RESERVE CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating One Million Four Hundred and Three Thousand One Hundred dollars ($1,403,100) much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: OPERATING REVENUES 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 1,403,100 $ 1,403,100 TOTALS $ 1,403,100 $ 1,403,100 OPERATING EXPENSES 2022/23 2022/23 APPROVED REVISED W/CF TRANSFER TO GOVERNMENTAL CAPITAL PROJECTS FUND $ 1,045,000 $ 1,045,000 CURRENT YEAR BALANCE 358,100 358,100 TOTALS $ 1,403,100 $ 1,403,100 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 63 6

CITY OF DOVER ORDINANCE # 2022-18 Item #2. WATER FUND REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Eight Million Eight Hundred Twenty-Three Thousand Two Hundred dollars ($8,823,200) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE - WATER $ 1,618,200 $ 1,618,200 TOTAL BEGINNING BALANCES 1,618,200 1,618,200 BASE REVENUE WATER SERVICES 6,500,000 6,500,000 WATER TANK SPACE LEASING 425,400 425,400 WATER IMPACT FEES 220,000 220,000 INTEREST - WATER 7,000 7,000 MISCELLANEOUS SERVICE FEE 52,600 52,600 TOTAL REVENUES 7,205,000 7,205,000 TOTAL BEGINNING BALANCES AND REVENUES $ 8,823,200 $ 8,823,200 Page 64 7

2022-2023 BUDGET ORDINANCES Item #2. WATER FUND - EXPENSES AND BUDGET BALANCE FOR 2022-2023 2022/23 2022/23 DIRECT EXPENSES APPROVED REVISED W/CF ENGINEERING & INSPECTION $ 338,200 $ 338,200 WATER DEPARTMENT 690,800 690,800 WATER TREATMENT PLANT 2,199,600 2,199,600 DIRECT EXPENDITURE SUBTOTAL 3,228,600 3,228,600 OTHER EXPENSES DEBT SERVICE - WATER 692,000 692,000 RETIREES HEALTH CARE 207,400 207,400 OTHER EMPLOYMENT EXPENSES 40,000 40,000 INTERFUND SERVICE FEES 1,096,400 1,096,400 BANK & CREDIT CARD FEES 27,000 27,000 OTHER EXPENSES SUBTOTAL 2,062,800 2,062,800 TRANSFER TO: GENERAL FUND FROM WATER 1,000,000 1,000,000 WATER IMP AND EXT 920,700 920,700 ELECTRIC FUND (ERP) 25,000 25,000 TRANSFER TO INVENTORY WRITE-OFFS 5,000 5,000 TRANSFER TO SUBTOTAL 1,950,700 1,950,700 TOTAL EXPENSES 7,242,100 7,242,100 BUDGET BALANCES BUDGET BALANCE WATER 1,581,100 1,581,100 BUDGET BALANCE SUBTOTALS 1,581,100 1,581,100 TOTAL CURRENT YEAR BALANCES AND EXPENSES $ 8,823,200 $ 8,823,200 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 65 8

CITY OF DOVER ORDINANCE # 2022-18 Item #2. WATER IMPROVEMENT & EXTENSION FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Seven Million Two Hundred and Two Thousand Six Hundred dollars ($7,202,600) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year begining July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE - WATER $ 4,640,400 $ 5,460,500 TOTAL BEGINNING BALANCES 4,640,400 5,460,500 REVENUES STATE GRANT - WATER 25,000 25,000 TRANS FR OPERATING FUND - WATER 920,700 920,700 TRANSFER FR WATER IMPACT FEE - 746,400 INTEREST INCOME 50,000 50,000 TOTAL REVENUES 995,700 1,742,100 TOTAL BEGINNING BALANCES & REVENUES $ 5,636,100 $ 7,202,600 EXPENSE SUMMARY 2022/23 2022/23 EXPENSES APPROVED REVISED W/CF ENGINEERING $ - $ - WATER 797,000 2,113,200 WATER TREATMENT PLANT 148,700 312,500 TOTAL EXPENSES 945,700 2,425,700 BUDGET BALANCE - WATER 4,690,400 4,776,900 CURRENT YEAR BALANCE SUBTOTALS 4,690,400 4,776,900 TOTAL BUDGET BALANCES & EXPENSES $ 5,636,100 $ 7,202,600 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 66 9

CITY OF DOVER ORDINANCE # 2022-18 Item #2. WASTEWATER FUND REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Twelve Million and Sixteen Thousand One Hundred dollars ($12,016,100) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE - WASTEWATER 1,906,700 1,906,700 TOTAL BEGINNING BALANCES 1,906,700 1,906,700 BASE REVENUE WASTEWATER SERVICES 4,580,300 4,580,300 WASTEWATER TREATMENT SERVICES 3,205,400 3,205,400 GROUNDWATER INFLOW ADJUSTMENT 2,137,000 2,137,000 WASTEWATER IMPACT FEES 180,000 180,000 STATE GRANT - WASTEWATER - 2,500 INTEREST - WASTEWATER 4,000 4,000 MISCELLANEOUS SERVICE FEE 200 200 TOTAL REVENUES 10,106,900 10,109,400 TOTAL BEGINNING BALANCES AND REVENUES $ 12,013,600 $ 12,016,100 Page 67 10

2022-2023 BUDGET ORDINANCES Item #2. WASTEWATER FUND - EXPENSES AND BUDGET BALANCE FOR 2022-2023 2022/23 2022/23 DIRECT EXPENSES APPROVED REVISED W/CF ENGINEERING & INSPECTION $ 279,100 $ 279,100 WASTEWATER DEPARTMENT 1,175,700 1,175,700 DIRECT EXPENDITURE SUBTOTAL 1,454,800 1,454,800 OTHER EXPENSES DEBT SERVICE - WASTEWATER 715,000 715,000 RETIREES HEALTH CARE 100,500 100,500 OTHER EMPLOYMENT EXPENSES 13,000 13,000 KENT COUNTY TREATMENT CHARGE 4,850,000 4,850,000 INTERFUND SERVICE FEES 841,600 841,600 BANK & CREDIT CARD FEES 12,000 12,000 OTHER EXPENSES SUBTOTAL 6,532,100 6,532,100 TRANSFER TO: GENERAL FUND FROM WASTEWATER 1,000,000 1,000,000 WASTEWATER IMP AND EXT 756,400 756,400 ELETRIC FUND (ERP) 25,000 25,000 TRANSFER TO INVENTORY WRITE-OFFS 5,000 5,000 TRANSFER TO SUBTOTAL 1,786,400 1,786,400 TOTAL EXPENSES 9,773,300 9,773,300 BUDGET BALANCES BUDGET BALANCE WASTEWATER 2,240,300 2,242,800 BUDGET BALANCE SUBTOTALS 2,240,300 2,242,800 TOTAL CURRENT YEAR BALANCES AND EXPENSES $ 12,013,600 $ 12,016,100 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 68 11

CITY OF DOVER ORDINANCE # 2022-18 Item #2. WASTEWATER IMPROVEMENT & EXTENSION FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Two Million One Hundred Thirty Six Thousand Seven Hundred dollars ($2,136,700) or so much thereof as may be necessary are hereby appropriated current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year begining July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE - WASTEWATER $ 788,600 $ 1,114,700 REVENUES TRANS FR OPERATING FUND - WW 756,400 756,400 TRANSFER FR WASTEWATER IMPACT FEE 255,600 255,600 INTEREST INCOME 10,000 10,000 TOTAL REVENUES 1,022,000 1,022,000 TOTAL BEGINNING BALANCES & REVENUES $ 1,810,600 $ 2,136,700 EXPENSE SUMMARY 2022/23 2022/23 EXPENSES APPROVED REVISED W/CF ENGINEERING $ - $ - WASTEWATER 1,012,000 1,338,100 TOTAL EXPENSES 1,012,000 1,338,100 BUDGET BALANCE - WASTEWATER 798,600 798,600 CURRENT YEAR BALANCE SUBTOTALS 798,600 798,600 TOTAL BUDGET BALANCES & EXPENSES $ 1,810,600 $ 2,136,700 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 69 12

CITY OF DOVER ORDINANCE # 2022-18 Item #2. WATER CAPITAL ASSET RESERVE CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Five Hundred Eighty-Two Thousand Five Hundred dollars ($582,500) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE - WATER $ 577,500 $ 577,500 TOTAL BEGINNING BALANCES 577,500 577,500 RECEIPTS INTEREST EARNINGS - WATER 5,000 5,000 TOTAL RECEIPTS 5,000 5,000 TOTALS $ 582,500 $ 582,500 EXPENSE SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF CURRENT YEAR BALANCE - WATER $ 582,500 $ 582,500 CURRENT YEAR BALANCE SUBTOTALS 582,500 582,500 TOTALS $ 582,500 $ 582,500 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 70 13

CITY OF DOVER ORDINANCE # 2022-18 Item #2. WASTEWATER CAPITAL ASSET RESERVE CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Five Hundred Eighty Thousand Five Hundred dollars ($580,500) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE - WASTEWATER $ 575,500 $ 575,500 TOTAL BEGINNING BALANCES 575,500 575,500 RECEIPTS INTEREST EARNINGS - WASTEWATER 5,000 5,000 TOTAL RECEIPTS 5,000 5,000 TOTALS $ 580,500 $ 580,500 EXPENSE SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF CURRENT YEAR BALANCE - WASTEWATER $ 580,500 $ 580,500 CURRENT YEAR BALANCE SUBTOTALS 580,500 580,500 TOTALS $ 580,500 $ 580,500 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 71 14

CITY OF DOVER ORDINANCE # 2022-18 Item #2. WATER IMPACT FEE RESERVE CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating One MillionSeven Hundred Eight Thousand dollars ($1,708,000) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE - WATER $ 1,688,000 $ 1,802,100 TOTAL BEGINNING BALANCES 1,688,000 1,802,100 RECEIPTS INTEREST EARNINGS - WATER 20,000 20,000 TOTAL RECEIPTS 13,200 20,000 TOTALS $ 1,701,200 $ 1,822,100 EXPENSE SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF CURRENT YEAR BALANCE - WATER $ 1,708,000 $ 1,075,700 TRANSFER TO WATER IMP AND EXT - 746,400 CURRENT YEAR BALANCE SUBTOTALS 1,708,000 1,822,100 TOTALS $ 1,708,000 $ 1,822,100 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 72 15

CITY OF DOVER ORDINANCE # 2022-18 Item #2. WASTEWATER IMPACT FEE RESERVE CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Five Million Three Hundred Forty-Seven Thousand dollars ($5,347,000) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE - WASTEWATER $ 5,287,000 $ 5,287,000 TOTAL BEGINNING BALANCES 5,287,000 5,287,000 RECEIPTS INTEREST EARNINGS - WASTEWATER 60,000 60,000 TOTAL RECEIPTS 60,000 60,000 TOTALS $ 5,347,000 $ 5,347,000 EXPENSE SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF TRANSFER TO I & E FUND FROM WASTEWATER IMPACT FEES $ 255,600 $ 255,600 CURRENT YEAR BALANCE - WASTEWATER $ 5,091,400 $ 5,091,400 CURRENT YEAR BALANCE SUBTOTALS 5,347,000 5,347,000 TOTALS $ 5,347,000 $ 5,347,000 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 73 16

CITY OF DOVER ORDINANCE # 2022-18 Item #2. WATER CONTINGENCY RESERVE CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Two Hundred Seventy-Eight Thousand Nine Hundred dollars ($278,900) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE - WATER $ 275,900 $ 275,900 TOTAL BEGINNING BALANCES 275,900 275,900 RECEIPTS INTEREST EARNINGS - WATER 3,000 3,000 TOTAL RECEIPTS 3,000 3,000 TOTALS $ 278,900 $ 278,900 BUDGET SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF CURRENT YEAR BALANCE - WATER $ 278,900 $ 278,900 CURRENT YEAR BALANCE SUBTOTALS 278,900 278,900 TOTAL EXPENSES AND CURRENT YEAR BALANCES $ 278,900 $ 278,900 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 74 17

CITY OF DOVER ORDINANCE # 2022-18 Item #2. WASTEWATER CONTINGENCY RESERVE CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Three Hundred Eight Thousand Three Hundred dollars ($308,300) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 andending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE - WASTEWATER $ 305,300 $ 305,300 TOTAL BEGINNING BALANCES 305,300 305,300 RECEIPTS INTEREST EARNINGS - WASTEWATER 3,000 3,000 TOTAL RECEIPTS 3,000 3,000 TOTALS $ 308,300 $ 308,300 BUDGET SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF CURRENT YEAR BALANCE - WASTEWATER $ 308,300 $ 308,300 CURRENT YEAR BALANCE SUBTOTALS 308,300 308,300 TOTAL EXPENSES AND CURRENT YEAR BALANCES $ 308,300 $ 308,300 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 75 18

CITY OF DOVER ORDINANCE # 2022-18 Item #2. ELECTRIC REVENUE FUND REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating One Hurdred Thirty-Eight Million Four Hundred Forty Thousand Four Hundred dollars ($138,440,400) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 23,160,400 $ 23,160,400 DISTRIBUTION OF EARNINGS - PCA CREDIT 21,840,000 21,840,000 BEGINNING BALANCE - ADJUSTED 45,000,400 45,000,400 BASE REVENUE DIRECT SALES TO CUSTOMER 80,857,100 80,857,100 UTILITY TAX 1,648,700 1,648,700 MISCELLANEOUS REVENUE 500,000 500,000 RENT REVENUE 65,000 65,000 GREEN ENERGY 127,000 127,000 INTEREST EARNINGS 125,000 125,000 MISC STATE GRANTS - 42,200 TRANSFER FROM RATE STABILIZATION 10,000,000 10,000,000 TRANSFER FROM OTHER FUNDS (ERP) 75,000 75,000 TOTAL REVENUES 93,397,800 93,440,000 TOTAL BEGINNING BALANCE & REVENUES $ 138,398,200 $ 138,440,400 Page 76 19

2022-2023 BUDGET ORDINANCES Item #2. ELECTRIC REVENUE FUND EXPENSES AND BUDGET BALANCE FOR 2022-2023 2022/23 2022/23 EXPENSES APPROVED REVISED W/CF POWER SUPPLY $ 32,617,500 $ 32,617,500 SOLAR ENERGY 3,153,300 3,153,300 SOLAR RENEWAL ENERGY CREDITS 388,300 388,300 POWER SUPPLY MANAGEMENT 634,800 634,800 REC'S (Renewable Energy Credits) 5,177,000 5,177,000 RGGI (Regional Greenhouse Gas Init.) 53,500 53,500 PJM CHARGES - ENERGY 25,850,300 25,850,300 PJM CHARGES - TRANSMISSION & FEES 10,111,200 10,111,200 CAPACITY CHARGES 13,528,300 13,528,300 SUB-TOTAL POWER SUPPLY 91,514,200 91,514,200 PLANT OPERATIONS 1,754,000 1,784,000 GENERATIONS FUELS 423,300 423,300 PJM SPOT MARKET ENERGY (726,500) (726,500) PJM CREDITS (400,400) (400,400) CAPACITY CREDITS (5,703,900) (5,703,900) GENERATION SUBTOTAL (4,653,500) (4,623,500) POWER SUPPLY & GENERATION SUBTOTAL 86,860,700 86,890,700 DIRECT EXPENDITURES TRANSMISSION/DISTRIBUTION 4,196,300 4,196,300 ELECTRICAL ENGINEERING 1,611,300 1,611,300 ADMINISTRATION 894,100 894,100 METER READING 353,600 353,600 SYSTEMS OPERATIONS 864,400 864,400 DIRECT EXPENDITURE SUBTOTALS 7,919,700 7,919,700 OTHER EXPENSES: UTILITY TAX 1,648,700 1,648,700 ALLOW FOR UNCOLLECTIBLES 300,000 300,000 CONTRACTUAL SERVICES - RFP'S 60,000 60,000 LEGAL EXPENSES 50,000 50,000 RETIREES HEALTH CARE 911,000 911,000 OTHER EMPLOYMENT EXPENSES 85,000 85,000 GREEN ENERGY PAYMENT TO DEMEC 127,000 - GREEN ENERGY GRANT - 98,500 INTERFUND SERVICE FEES 4,243,400 4,243,400 INTEREST ON DEPOSITS 135,000 135,000 BANK & CREDIT CARD FEES 535,000 535,000 BOND ISSUANCE COST 40,000 40,000 DEBT SERVICE 1,591,600 1,591,600 STORM EXPENSE 150,000 150,000 OTHER EXPENSES SUBTOTAL 9,876,700 9,848,200 TRANSFER TO: IMPROVEMENT & EXTENSION 6,435,200 6,435,200 GENERAL FUND 8,000,000 8,000,000 OTHER RESERVES - 28,500 TRANSFER TO INVENTORY WRITE-OFFS 100,000 100,000 TRANSFER TO SUBTOTAL 14,535,200 14,563,700 TOTAL EXPENSES 119,192,300 119,222,300 BUDGET BALANCE - WORKING CAPITAL 19,205,900 19,218,100 TOTALS $ 138,398,200 $ 138,440,400 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 77 20

CITY OF DOVER ORDINANCE # 2022-18 Item #2. ELECTRIC UTILITY IMPROVEMENT AND EXTENSION FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Forty-Eight Million Fifty-Three Thousand Six Hundred dollars ($48,053,600) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: REVENUES 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 19,272,500 $ 22,875,200 REVENUES TRANSFER FROM ELECTRIC 6,435,200 6,435,200 GRANT/BOND/LOAN 1,500,000 8,321,900 GENERAL SERVICE BILLING 400,000 400,000 TRF FROM DEPRECIATION RSV 1,000,000 9,803,100 INTEREST EARNINGS 218,200 218,200 TOTAL REVENUES 9,553,400 25,178,400 TOTALS $ 28,825,900 $ 48,053,600 EXPENSE SUMMARY 2022/23 2022/23 EXPENSES APPROVED REVISED W/CF ELECTRIC ADMINISTRATION $ 1,570,000 $ 1,896,400 ELECTRIC GENERATION 4,000,000 12,851,800 TRANSMISSION AND DISTRIBUTION 2,075,900 2,527,900 ELECTRICAL ENGINEERING 745,000 8,891,400 METER READING 44,300 44,300 ERP SYSTEM 500,000 1,967,400 TOTAL EXPENSES 8,935,200 28,179,200 BUDGET BALANCE 19,890,700 19,874,400 TOTAL BUDGET BALANCE & EXPENSES $ 28,825,900 $ 48,053,600 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 78 21

CITY OF DOVER ORDINANCE # 2022-18 Item #2. ELECTRIC UTILITY CONTINGENCY RESERVE CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Nine Hundred Fifty-Three Thousand dollars ($953,000) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 945,000 $ 945,000 RECEIPTS INTEREST EARNINGS 8,000 8,000 TOTAL RECEIPTS 8,000 8,000 TOTALS $ 953,000 $ 953,000 EXPENSE SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF CURRENT YEAR BALANCE $ 953,000 $ 953,000 TOTALS $ 953,000 $ 953,000 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 79 22

CITY OF DOVER ORDINANCE # 2022-18 Item #2. ELECTRIC UTILITY DEPRECIATION RESERVE SOURCES AND USE OF FUNDS FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Thirteen Million One Hundred Eighty Thousand dollars ($13,180,000) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 13,165,000 $ 21,968,100 INTEREST EARNINGS 15,000 15,000 TOTALS $ 13,180,000 $ 21,983,100 BUDGET SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF TRANSFER TO ELECTRIC I & E $ 1,000,000 $ 9,803,100 CURRENT YEAR BALANCE 12,180,000 12,180,000 TOTALS $ 13,180,000 $ 21,983,100 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 80 23

CITY OF DOVER ORDINANCE # 2022-18 Item #2. ELECTRIC UTILITY FUTURE CAPACITY RESERVE SOURCES AND USE OF FUNDS FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Twelve Million Five Hundred Sixty-Two Thousand dollars ($12,562,000) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 12,432,000 $ 12,432,000 INTEREST EARNINGS 130,000 130,000 TOTALS $ 12,562,000 $ 12,562,000 BUDGET SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF TRANSFER TO ELECTRIC I & E - $ - CURRENT YEAR BALANCE $ 12,562,000 $ 12,562,000 TOTALS $ 12,562,000 $ 12,562,000 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 81 24

CITY OF DOVER ORDINANCE # 2022-18 Item #2. ELECTRIC UTILITY INSURANCE STABLIZATION RESERVE SOURCES AND USE OF FUNDS FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Eight Hundred Thirty-Four Thousand Eight Hundred dollars ($834,800) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 828,800 $ 828,800 INTEREST EARNINGS 6,000 6,000 TOTALS $ 834,800 $ 834,800 BUDGET SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF CURRENT YEAR BALANCE $ 834,800 $ 834,800 TOTALS $ 834,800 $ 834,800 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 82 25

CITY OF DOVER ORDINANCE # 2022-18 Item #2. ELECTRIC UTILITY RATE STABLIZATION RESERVE SOURCES AND USE OF FUNDS FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Twenty Million Ninety-Seven Thousand dollars ($20,097,000) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 19,897,000 $ 19,897,000 INTEREST EARNINGS 200,000 200,000 TOTALS $ 20,097,000 $ 20,097,000 BUDGET SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF TRANSFER TO ELECTRIC OPERATING FUND $ 10,000,000 $ 10,000,000 CURRENT YEAR BALANCE 10,097,000 10,097,000 TOTALS $ 20,097,000 $ 20,097,000 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 83 26

CITY OF DOVER ORDINANCE # 2022-18 Item #2. MUNICIPAL STREET AID FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Seven Hundred Fifty Thousand One Hundred dollars ($750,100) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 100 $ 100 STATE GRANT 750,000 750,000 TOTALS $ 750,100 $ 750,100 BUDGET SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF TRANSFER TO GENERAL FUND $ 750,000 $ 750,000 CURRENT YEAR BALANCE 100 100 TOTALS $ 750,100 $ 750,100 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 84 27

CITY OF DOVER ORDINANCE # 2022-18 Item #2. ELECTRONIC RED LIGHT SAFETY PROGRAM CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Four Hundred Thousand One Hundred dollars ($400,100) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 100 $ 100 POLICE FINES 400,000 400,000 TOTALS $ 400,100 $ 400,100 BUDGET SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF TRANSFER TO GENERAL FUND $ 400,000 $ 400,000 CURRENT YEAR BALANCE 100 100 TOTALS $ 400,100 $ 400,100 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 85 28

CITY OF DOVER ORDINANCE # 2022-18 Item #2. WORKERS COMPENSATION FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Three Million One Hundred Thirty-Six Thousand Six Hundred dollars ($3,136,600) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: OPERATING REVENUES 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ 2,108,100 $ 2,108,100 INTEREST INCOME 28,500 28,500 PREMIUM FROM CITY 1,000,000 1,000,000 TOTALS $ 3,136,600 $ 3,136,600 OPERATING EXPENSES 2022/23 2022/23 APPROVED REVISED W/CF PROGRAM EXPENSES/SUPPLIES - CLAIMS $ 300,000 $ 300,000 INSURANCE 182,500 182,500 STATE OF DEL - SELF INSURANCE TAX 39,000 39,000 CONTRACTUAL SERVICES 20,000 20,000 TOTAL EXPENSES 541,500 541,500 CURRENT YEAR BALANCE 2,595,100 2,595,100 TOTALS $ 3,136,600 $ 3,136,600 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 86 29

CITY OF DOVER ORDINANCE # 2022-18 Item #2. COMMUNITY TRANSPORTATION IMPROVEMENT FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Six Hundred Thousand dollars ($600,000) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: OPERATING REVENUES 2022/23 2022/23 APPROVED REVISED W/CF PRIOR YEAR BALANCE $ 200,000 $ 200,000 GRANTS REVENUE 400,000 400,000 TOTALS $ 600,000 $ 600,000 OPERATING EXPENSES 2022/23 2022/23 APPROVED REVISED W/CF PROGRAM EXP. GRANT RELATED $ 400,000 $ 400,000 CURRENT YEAR BALANCE 200,000 200,000 TOTALS $ 600,000 $ 600,000 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 87 30

CITY OF DOVER ORDINANCE # 2022-18 Item #2. LIBRARY GRANT FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Five Hundred Sixty-Nine Thousand Six Hundred Ninety-Eight dollars ($569,698) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: OPERATING REVENUES 2022/23 2022/23 APPROVED REVISED W/CF PRIOR YEAR BALANCE $ 31,330 $ 198,922 STATE GRANT 338,432 368,776 FEDERAL GRANT 2,000 2,000 TOTALS $ 371,762 $ 569,698 OPERATING EXPENSES 2022/23 2022/23 APPROVED REVISED W/CF STATE GRANTS FURNITURE/FIXTURES $ 7,800 $ 50,800 OFFICE SUPPLIES 30,000 30,000 PRINTING AND DUPLICATING 10,000 10,000 PROGRAM EXPENSES/SUPPLIES 37,000 56,592 BOOKS 145,000 150,000 COMPUTER SOFTWARE 6,000 6,000 COMPUTER HARDWARE 5,000 50,000 AUDIO VISUAL SUPPLIES 85,000 90,000 POSTAGE 100 100 ADVERTISING - 40,000 TRAINING/CONF/FOOD/TRAV 5,000 5,000 CONTRACTUAL SERVICES - 21,088 OFF EQP/REPAIRS & MAINT 2,000 2,000 OTHER EQUIP - LEASE 6,000 6,000 STATE GRANT PROG EXP - 19,256 SUBTOTAL EXPENSES STATE GRANTS 338,900 536,836 FEDERAL GRANTS PROGRAM EXPENSES/SUPPLIES 2,000 2,000 SUBTOTAL EXPENSES FEDERAL GRANTS 2,000 2,000 GRAND TOTAL EXPENSES 340,900 538,836 CURRENT YEAR BALANCE 30,862 30,862 TOTALS $ 371,762 $ 569,698 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 88 31

CITY OF DOVER ORDINANCE # 2022-18 Item #2. CDBG GRANT FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Six Hundred Fifty-One Thousand Seven Hundred Thirty-Four dollars ($651,734) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: OPERATING REVENUES 2022/23 2022/23 APPROVED REVISED W/CF PRIOR YEAR BALANCE 2,000 305,630 CDBG GRANTS RECEIVED 346,104 346,104 TOTALS $ 348,104 $ 651,734 OPERATING EXPENSES 2022/23 2022/23 APPROVED REVISED W/CF EXPENDITURES PRIOR YEAR CLOSING COST/DOWN PAYMENT PROGRAM $ - $ 78,387 PRIOR YEAR CD COLLABORATION - 5,258 PRIOR YEAR DIFMH RENOVATIONS - 40,000 PRIOR YEAR MHDC EMERGENCY HOME REPAIR - 15,439 PRIOR YEAR MHDC HOMEOWNER REHAB. - 40,190 PRIOR YEAR ADMIN EXPENSE - 32,426 CURRENT YEAR CLOSING COST/DOWN PAYMENT PROGRAM 131,883 131,883 CURRENT YEAR DOVER INTERFAITH MINISTRY 30,000 30,000 CURRENT YEAR MHDC EMERGENCY HOME REPAIR - 40,000 CURRENT YEAR MHDC HOMEOWNER REHAB. 55,000 55,000 CURRENT YEAR HOUSE OF HOPE 20,000 20,000 CURRENT YEAR CARES ACT (COVID-19) - 91,931 CURRENT YEAR ADMIN EXPENSE 69,211 69,221 TOTAL EXPENDITURES 306,094 649,734 CURRENT YEAR BALANCE 42,010 2,000 TOTALS $ 348,104 $ 651,734 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 89 32

CITY OF DOVER ORDINANCE # 2022-18 Item #2. 210 - ARPA FUNDING CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Eight million Five Hundred Fourteen Thousand Three Hundred Twenty-Five dollars ($8,514,325) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: OPERATING REVENUES 2022/23 2022/23 APPROVED REVISED W/CF PRIOR YEAR BALANCE $ 1,809,600 $ 4,214,325 FEDERAL FUNDING RECEIVED 4,300,000 4,300,000 TOTALS $ 6,109,600 $ 8,514,325 OPERATING EXPENSES 2022/23 2022/23 APPROVED REVISED W/CF EXPENDITURES CONSTRUCTION $ 6,098,000 $ 6,103,000 PROGRAM EXPENSE/SUPPLIES - 2,404,725 TOTAL EXPENDITURES 6,098,000 8,507,725 CURRENT YEAR BALANCE 11,600 6,600 TOTALS $ 6,109,600 $ 8,514,325 The above budget represents the combination of all State & Federal Grants. The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 90 33

CITY OF DOVER ORDINANCE # 2022-18 Item #2. 207 - POLICE GRANTS FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Eight Hundred Two Thousand Five Hundred dollars ($802,500)or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: OPERATING REVENUES 2022/23 2022/23 APPROVED REVISED W/CF PRIOR YEAR BALANCE $ 50,000 $ 50,000 STATE AND FEDERAL GRANTS RECEIVED 752,500 752,500 TOTALS $ 802,500 $ 802,500 OPERATING EXPENSES 2022/23 2022/23 APPROVED REVISED W/CF EXPENDITURES MATERIALS AND SUPPLIES POLICE EQUIPT & PROG SUPP 375,000 375,000 ADMINISTRATIVE EXPENDITURES TRAINING 75,000 75,000 TOTAL EXPENDITURES 450,000 450,000 OTHER FINANCING USES OPERATING TRANSFERS-OUT 352,500 352,500 TOTAL FINANCING USES 352,500 352,500 CURRENT YEAR BALANCE - - TOTALS $ 802,500 $ 802,500 The above budget represents the combination of all State & Federal Grants. The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 91 34

CITY OF DOVER ORDINANCE # 2022-18 Item #2. LODGING TAX FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Two Hundred Seventy-Five Thousand dollars ($275,000) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ - $ - LODGING TAXES 275,000 275,000 TOTALS $ 275,000 $ 275,000 BUDGET SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF TRANSFER TO CAPITAL PROJECT FUND $ 275,000 $ 275,000 CURRENT YEAR BALANCE - - TOTALS $ 275,000 $ 275,000 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 92 35

CITY OF DOVER ORDINANCE # 2022-18 Item #2. 209 - POLICE GRANTS FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Four Hundred Five Thousand dollars ($405,000) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: OPERATING REVENUES 2022/23 2022/23 APPROVED REVISED W/CF PRIOR YEAR BALANCE $ - $ - STATE AND FEDERAL GRANTS RECEIVED 405,000 405,000 TOTALS $ 405,000 $ 405,000 OPERATING EXPENSES 2022/23 2022/23 APPROVED REVISED W/CF MATERIALS AND SUPPLIES POLICE EQUIPT & PROG SUPP 355,000 355,000 ADMINISTRATIVE EXPENDITURES TRAINING - - CONTRACTUAL SERVICES - - TOTAL EXPENDITURES 355,000 355,000 OTHER FINANCING USES OPERATING TRANSFERS-OUT 50,000 50,000 TOTAL FINANCING USES 50,000 50,000 CURRENT YEAR BALANCE - - TOTALS $ 405,000 $ 405,000 The above budget represents the combination of all State & Federal Grants. The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 93 36

CITY OF DOVER ORDINANCE # 2022-18 Item #2. SUBSTANCE ABUSE GRANTS FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating One Hundred Forty-Four Thousand Seven Hundred dollars ($144,700) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: OPERATING REVENUES 2022/23 2022/23 APPROVED REVISED W/CF PRIOR YEAR BALANCE $ 83,700 $ 83,700 STATE GRANTS RECEIVED 28,000 28,000 RECREATION REVENUE 33,000 33,000 TOTALS $ 144,700 $ 144,700 OPERATING EXPENSES 2022/23 2022/23 APPROVED REVISED W/CF EXPENDITURES TEMPORARY HELP/BENEFITS $ 68,500 $ 68,500 PROGRAM EXPENSES/SUPPLIES 35,000 35,000 TOTAL EXPENDITURES 103,500 103,500 CURRENT YEAR BALANCE 41,200 41,200 TOTALS $ 144,700 $ 144,700 The above budget represents the combination of all State & Federal Grants. The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 94 37

CITY OF DOVER ORDINANCE # 2022-18 Item #2. REALTY TRANSFER TAX FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2022-2023 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating One Million Eight Hundred Thousand dollars ($1,800,000) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2022 and ending June 30, 2023: CASH RECEIPTS 2022/23 2022/23 APPROVED REVISED W/CF BEGINNING BALANCE $ - $ - REALTY TRANSFER TAXES 1,800,000 1,800,000 TOTALS $ 1,800,000 $ 1,800,000 BUDGET SUMMARY 2022/23 2022/23 APPROVED REVISED W/CF TRANSFER TO GENERAL FUND $ 1,800,000 $ 1,800,000 CURRENT YEAR BALANCE - - TOTALS $ 1,800,000 $ 1,800,000 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: November 14, 2022 Page 95 38

Item #3. COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on November 15, 2022, at 6:01 p.m. with Council President Sudler presiding. Members of Council present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Shevock (via WebEx) and Mr. Contant (WebEx) (Legislative, Finance, and Administration), and Mr. Tholstrup and Mr. Lewis (WebEx) (Parks, Recreation, and Community Enhancement). Dr. Jackson and Mr. Hosfelt (Safety, Advisory, and Transportation) were absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. Mr. Sudler recused himself from the Safety, Advisory, and Transportation Committee Meeting at 6:02 p.m. and returned at 6:39 p.m. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Taylor presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. Request for Waiver - Appendix A - Subdivisions, Article VI - Subdivision – General Requirements and Design Standards, Section A - Streets (Right-of-Way known as Raymond Street and Railroad Avenue) - Waiver of Requirements to Increase in Maximum Length of a Dead-End Street (Cul-de- Sac), and the Elimination of Sidewalk on One Side of a Public Street associated with a Site Development Plan for the improvements to the rights-of-way of Raymond Street and Railroad venue to allow for further development of the properties that these streets will give access. (Mary Ellen Gray, City Planner) Ms. Mary Ellen Gray, City Planner, reviewed the background and analysis regarding the Request for Waivers. Planning Commission recommended approval with conditions of the request to increase in maximum length of a dead-end street and the elimination of a sidewalk on one side of a public street. Dominic Balascio, 3171 DuPont Parkway, Townsend, Delaware stated that he is the developer for the project. Mr. Balascio stated that they have removed one of the waivers, met with the Solicitor, Mr. Rodriguez, and the Planning Department and it was determined that the one waiver as related to Raymond Street was not necessary. Mr. Balascio noted that they are seeking two waivers tonight. Mr. Balascio stated that one of them has to do with the length of Railroad Avenue, not the width, it will comply with all the code requirements as related to width. Mr. Balascio stated that it was determined that the entrances would be better on Railroad Avenue and not Raymond Street when they met with the Planning Department and the Planning Commission. Page 96

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 2 Item #3. Mr. Balascio stated that the second waiver is the removal of the sidewalk along Railroad Avenue. Mr. Balascio explained that they were told again that it would be best not to have sidewalks adjacent to the railroad. Mr. Balascio continued to explain that they have taken the time at the recommendation of this committee, to meet with people on-site, and go over what was requested. Mr. Balascio noted that he met with Dr. Mishoe, Mr. Rodriguez, and the Planning Department and reviewed Dr. Mishoe’s concerns regarding her title to Raymond Street. Mr. Balascio explained that all of this has been presented to Mr. Rodriguez and he has reviewed it all. Mr. Balascio noted that it is not something that is before this committee tonight and that it has nothing to do with both waivers. Mr. Balascio stated that he respectfully submits that as far as that issue as a topic, it has nothing to do with what they are requesting tonight. Mr. Balascio explained that if that is something someone wants to discuss with regards to that, the appropriate time is when they have their site plan submitted and it is before Council. Mr. Balascio stated that both engineers are in attendance if Council has any clarifying questions. Mr. Taylor thanked Mr. Balascio and Mr. Rishel for their persistence. Mr. Taylor also thanked Mr. Rishel for being nothing but professional throughout this process. Mr. Taylor stated that good business is needed in the City of Dover and that housing is needed. Dr. Wilma Mishoe, 353 Rita Wilma Road, Dover, Delaware, stated that she is here to speak about Raymond Street and Jason Street. Dr. Mishoe explained that since she just heard Mr. Balascio state that, that is not what they are discussing tonight, she does not have a concern about Railroad Avenue. Dr. Mishoe stated that the appropriate time to discuss her issues would be with the site discussions and so forth. Dr. Mishoe explained that her concern has to do with ownership and right of way. Dr. Mishoe explained that she has been through the deeds and that she probably has every piece of deed and legal papers that they have. Dr. Mishoe stated that it seems there is still the debate about who owns what property, and that it does need to be settled and finalized. Dr. Mishoe stated that, that is not something that Council is debating or deciding tonight. Responding to Mr. Rocha, Mr. Taylor stated that on the agenda tonight, the waiver request is two requests and that one is to increase the maximum length of a dead-end street, the cul-de-sac, and to eliminate the sidewalks on one side. Mr. Taylor explained that Mr. Neil made a motion, it was seconded by Mr. Boggerty, but the motion failed. Thus, they went back to Planning Commission. Responding to Mr. Boggerty, Dr. Mishoe stated that there is no opposition to lengthening Railroad Avenue as it is not on her property. Travis Mishoe Sudler, I, 353 Rita Wilma Road, Dover, Delaware, 19904. Mr. Mishoe Sudler stated that he is not here to discuss any opposition regarding Railroad Avenue. Mr. Mishoe Sudler stated that he would like to ask for a request from the City of Dover. Mr. Mishoe Sudler requested the city collaborate with these developers on trying to find an alternative route for them to get to their property without coming through Jason Street. Mr. Mishoe Sudler clarified that he is asking the city to investigate and to try working with them to talk with DelDOT, about getting an entrance coming from the west side so that they can enter the crossing over the railroad tracks. Mr. Mishoe Sudler stated that his request is regarding Railroad Page 97

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 3 Item #3. Avenue and for the City of Dover to work with these gentlemen, these developers so that they can keep peace and commonality. Mr. Mishoe Sudler stated that if Council agrees with having the population of Dover grow by allowing them to build back their residencies, then he is asking, for one of the representatives in the heirs of the community, which they want to run through Jason Street. Mr. Mishoe Sudler asked Council to please investigate and work with these gentlemen to get approval from the State of Delaware to connect Railroad Avenue to something that they can develop beautifully in this city. Responding to Mr. Mishoe Sudler, Mr. Boggerty stated that an issue coming from the west side was the railroad tracks. Mr. Boggerty explained that they have heard Representative Lynn on more than one occasion speak on the problems of trying to have a railroad crossing installed because of the way the railroad works. Mr. Boggerty continued to explain that they will give you one, but you must give them another one back in return. Mr. Boggerty stated that with this being the case, they are not giving anything because no one is giving any of them back and that it is very problematic to do that. Responding to Mr. Taylor, Mary Ellen Gray stated that this discussion tonight is a continued consideration, a clarifying review, and an action of two subdivision waivers for the Site Development Plan. Ms. Gray stated that the first waiver request is to increase the maximum length of a dead-end street for Railroad Avenue and eliminate a sidewalk on one side of a public street for Railroad Avenue. Ms. Gray stated that per Appendix A, Subdivision Article VII, Special Provisions of the City Code, which is due to special conditions peculiar to a subdivision or a site, the Planning Commission may recommend to City Council that certain site sub-site requirements be waived. Ms. Gray explained that the review and public hearing of Site Plan S-2204 occurred at the Planning Commission meeting on March 21st, 2002, to review these two waiver requests. Ms. Gray noted that there was a third waiver request as well, which as the applicant just articulated, is no longer being requested. Ms. Gray stated that the Planning Commission recommended approval of these subdivision waivers. Ms. Gray continued to state that the report and attachments were provided in the packet that was posted. At the Council Committee meeting of the Whole, Safety Advisory, and Transportation Committee meeting on April 26, 2022, the committee heard a presentation of these waiver requests and there were also public comments. Ms. Gray stated that the committee by their motion recommended postponing this request until the city could review the rights related to Dr. Wilma Mishoe's property. Ms. Gray noted that a series of follow-up activities occurred and the Planning staff via the City Clerk's office obtained contact information from Dr. Wilma Mishoe and shared it with the project design team. Ms. Gray stated that as the applicant indicated this evening, the staff scheduled an onsite meeting with Dr. Mishoe and others on May 13, 2022, and provided additional information via email. Ms. Gray continued to state that the results of the meeting were reported to the Planning staff who then recommended the submission of documents related to the coordinated activities. The Planning Staff also recommended the preparation of a series of clarifying exhibits regarding the waiver requests and, this is described in a summary letter dated June 17, 2022, which is in the packet. Ms. Gray stated that these subdivision waiver requests were scheduled for continued review and action at the Council Committee Meeting of the Whole on June 28, 2022. Ms. Gray noted that was then postponed at the applicant's request. Ms. Gray continued to explain that it was continued to a Council Committee Meeting of the Whole Safety Advisory and Transportation Committee meeting on July 26, Page 98

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 4 Item #3. 2022, and that is where the committee resumed consideration of the three requests for waivers. Ms. Gray stated that it was at that meeting that there was a motion that was put forth regarding the three waiver requests, but the motion failed. Ms. Gray noted that in response to this action, the applicant submitted a letter dated August 2, 2022, which is also in Council’s packet. Ms. Gray stated that City Council, at their meeting on August 8, 2022, adopted the consent agenda, which incorporated that failed motion. Ms. Gray continued to state that in response to Council’s action on August 8, 2022, and further consultation with Planning staff, the applicant submitted the letter dated November 1, 2022, which brought them there this evening. Ms. Gray stated that the November 1, 2022, letter from the applicant, withdraws the one waiver request and outlines the summary and clarifying information of the other two waiver requests. Ms. Gray continued to state that is why they are here tonight. Ms. Gray stated that what is before Council this evening, is to have a clarification, a review, and an action on the two waiver requests. Ms. Gray noted that again, the requests are to increase the maximum length of a dead-end street for Railroad Avenue and to eliminate one side of the sidewalk of a public street for Railroad Avenue. Madam Clerk Engle read into the record: November 15th, 2022, a response Request for Waiver, Appendix A, Subdivisions Article VI, Subdivision General Requirements and Design Standards Section A, Streets Right of way known as Raymond Street and Railroad Avenue. Dear City of Dover Council Committee, I write on behalf of Delaware State University regarding the above-referenced request for waiver. The University respectfully opposes the waiver due to the impact on traffic in the area. Respectfully. Tony Allen, Ph.D. President. Mr. Neil stated that in the packet today, there are 261 pages, 91 devoted to this subject. Mr. Neil stated that there is a letter and something that Mrs. Mishoe, and again they are talking about people whom he has the greatest respect for and that he thinks the city owes them a great deal of respect and, that is a question of who owns the land. Mr. Neil continued to state that they have a letter that is in the packet from an attorney dated November 5, 2022, suggesting that he was doing an investigation. Mr. Neil noted that they have not heard back from that, but that he understands from what they are talking about that would be a separate issue. Mr. Neil noted that regarding that issue, that would probably come up when the plans are made or brought before the Planning Commission as to what this is going to look like before it is finished. Mr. Neil stated that the second thing they have is the letter from Dr. Allen and that he questions it because he is not certain where the university is affected by the traffic because they cannot get through their property. Mr. Neil continued to state that they could get through their property and that they may have another entrance for it. Mr. Neil noted that he would rather have him testify in person to define this. Mr. Neil stated that is because any time they have any kind of commercial activity, anytime they have apartments and there is a group of apartments that are going up on Leipsic Road, that is going to create a Leipsic Road at Route 13, that is going to cause a tremendous amount of traffic because of the size of it. Mr. Neil stated that he is concerned about it because the city has Firefly, they have NASCAR, and they have the Gift of Lights that is coming up, which will be affected and added to that. Mr. Neil continued to state that anytime you have a commercial property, anytime you have any new business opening up, or anytime the university wants to have another building added, it is going to create traffic. Page 99

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 5 Item #3. Mr. Neil continued to note that he has disregarded that letter because he thinks it is too broad and must be defined. Mr. Neil noted that in the documents they have received in the packet, there are not going to be any entrances except off Railroad Avenue. Mr. Neil stated that there are going to be two exits and entrances up there to get into the community. Mr. Neil noted that as far as he is concerned, he sees nothing that will change his vote. Mr. Neil stated that he made the motion the last time, and he is going to again, do that because the city needs that housing. Mr. Neil stated that housing is extremely important to the city and what the city is trying to do. Mr. Neil explained that lack of housing causes the cost of housing to go up, and rents to go up. Mr. Neil stated that he thought the more housing that they have, the better off they are going to be because the population is here and, the more people they have in the city are going to benefit from them. Mr. Neil stated that it is not to cause any problems for the Mishoe family who have been great citizens and this city certainly owes a lot to them. Jackie Griffith, 210 Westover Drive, stated that they have received notices, but that they did not have the opportunity to look at any of the notices. Ms. Griffith stated that their general counsel contacted the city today when they found out about this. Ms. Griffith explained that President Allen wanted to make sure that he went on record to say that Delaware State University opposed it, as they tried to investigate more, they really needed more time to look at it and to study all the impacts that it would create. Ms. Griffith stated that it is their annex building, which is where their athletes are. (Attachment #1) Mayor Christiansen stated that State College Road is already a nightmare, while he agrees with Councilman Neil, about the need, he cannot concur with an exit right there at the railroad crossing. It is going to be a nightmare. Responding to Mayor Christiansen, Ms. Gray referenced the map on page 66 of the packet and showed that Railroad Avenue would end before the Delaware State University’s Annex Property. Referencing Pictures (Attachment #2) Ms. Gray explained that if they continue passed the track it will turn into Railroad Avenue. Responding to Mr. Taylor, Ms. Gray stated that there is currently no road there and that it is unimproved. Ms. Gray explained that Raymond Street would continue through the trees and meet Railroad Avenue. Responding to Mr. Hare, Ms. Gray stated that this evening’s discussion is not on ownership but on the request for waivers. Responding to Mr. Hare, Ms. Gray stated that the next step would be the site plan development process. Mr. Neil moved to recommend approval with conditions of the request to increase in maximum length of a dead-end street and the elimination of a sidewalk on one side of a public street, as recommended by the Planning Commission. The motion was seconded by Ms. Arndt and Page 100

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 6 Item #3. carried by a roll call vote of 6 in favor, 2 opposed (Taylor and Boggerty), and 1 abstention (Sudler). Mr. Taylor moved for adjournment of the Safety Advisory and Transportation Committee, hearing no objection, the meeting adjourned at 6:38 p.m. 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. Rocha and unanimously carried. Mayor and Council Reports Council President Mr. Sudler stated that on Tuesday, October 25th, 2022, from 8:30 AM to 9:30 AM, he participated in the Diversity, Equity, and Inclusion Coffee and Conversation event. Mr. Sudler noted that it was very productive, a lot of the organizational citizens were very happy to be there, and that the morale was up and all was well. On Saturday, October 29th, 2022, from 8:00 AM to 11:00 AM, he attended the Delaware State University parade and held the banner for the State of Delaware's Congresswoman, Lisa Blunt Rochester. On Wednesday, November 3rd, 2022, he volunteered his talent and time to the afterschool program for the City of Dover's Library Program. He prepared chicken bread sliders and garlic macaroni and cheese for the youth. Mr. Sudler stated that they were very excited. First District Dr. Pillsbury stated that District one held a community meeting, on November 3, 2022, at Maple Dale Country Club, which was well attended. Dr. Pillsbury stated that she received a lot of feedback since they had the meeting of people who were not available or were unaware of the meeting and hoped to attend future meetings. Mr. Rocha stated that the next meeting will be the first Thursday in March. Mr. Rocha stated that they will hold these meetings quarterly and then it will be addressed if they need to do them more frequently because of the popularity. Mr. Rocha stated that Dr. Pillsbury, Councilman Boggerty, and himself pulled this thing together and that they had a member from the Delaware Department of Transportation (DelDOT) that was speaking about the upgrades on Kenton Road, which was very informative to them. Mr. Rocha stated that the only other thing that is going on in the community, is the gun violence intervention, which is going to be held on November 16, 2022, but that they had a run-through today at Dover Christian Church, which is on 1738 Forest Avenue right next to Dover High School. Mr. Rocha stated that this is a new program that Chief Johnson has brought down from Wilmington. Mr. Rocha stated that they are already working with individuals that are on probation or parole and as an alternative provided them with alternative means of staying away from unsavory or violent activity. Page 101

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 7 Item #3. Second District Mr. Taylor stated that he attended the Joint Pension Board and the City’s pension is in good shape. Mr. Taylor noted that there were some funds that were not functioning as proficiently as they should however and that they are being monitored the way that they should. Mr. Taylor stated that there were a couple of Veterans Day celebrations that he attended and that he attended the Homecoming celebration parade for Delaware State University. Mr. Taylor noted that it was excellent, excellent. Mr. Taylor stated the Downtown Dover Partnership Safety is still trying to figure out a better way to keep Dover safe downtown. Mr. Taylor stated that it does not always include enforcement but that a lot of times compliance is what they are seeking. Mr. Taylor asked, “how can they do things better without trying to put people in handcuffs all of the time?” Mr. Taylor thinks that there are so many ways that they can go about this and that he looks forward to the opportunity to discuss it with everyone a little bit later. Mr. Taylor noted that the Downtown Dover Partnership and the Downtown Development Board itself met as well. Mr. Taylor stated that he attended the Economic Development meeting and that the Delaware Department of Natural Resources and Environmental Control (DNREC) did a presentation regarding reducing emissions and trying to find a better way of doing things. Mr. Taylor stated that one of the things that they had talked about was the grant program, Energize Delaware Empowerment Grant and that great opportunity can come our way when it comes to these grant opportunities to pay for solar, and electric vehicles and to pay for these areas that our constituents are in need. Mr. Taylor stated that he asked the City Manager to please start pursuing this, and they are already on it and that they are trying to utilize it to the best of the City’s abilities. Mr. Taylor stated that there were a couple of other things that happened in that meeting today. Mr. Taylor noted that for example, he did not know it, but there is a 90% rebate for charging stations, and a 90% rebate for charging stations that are built and used here. Mr. Taylor stated that they need to know exactly what direction the city is trying to go in so that they can do things much more efficiently. Mr. Taylor noted that in one of the conversations that had come up, they were talking about how the State of Delaware is identifying the needs and they are identifying the cost of how-to bring prices down, but availability was the thing that they discussed as well. Mr. Taylor explained that they know from their lighting program that it is great to have the need, it is great to have the cost and everything in order but if they do not have the availability of the product, then they are spinning their wheels. Mr. Taylor continued to explain that he asked them to make sure that the supply chain was in order, make sure that they were able to get the things that they need, and that they get them now versus buying them later before it is brought to them. Mr. Taylor stated that he will make a standing promise that every time they do this, he will not come to the meeting with three pages of places that he has gone and not one sentence about what they have done. Mr. Taylor noted that will not happen anymore. Mr. Taylor stated that he believes that if they start putting their efforts together, everyone is talking about where they have gone, and what they have done and they tie it in together, then they can get where they are trying to be a whole lot quicker. Mr. Taylor noted that it will help them formulate a real plan, a destination that we can go to, and they can all be on the same page while getting there. Mr. Hare stated that he is just concerned with the second district. Mr. Hare continued to state that he had a few constituents complain and then he reached out to the City Code Enforcement office and to Ms. Duca. Mr. Hare explained that as usual, they were right on top of it, and they were taken care of. Page 102

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 8 Item #3. Mr. Hare noted that they were still dealing with the one request with Ms. Duca, who is working with the Department of Transportation to widen the entrance to a business off New Burton Road. Mr. Hare stated today they had Coffee with the Police in the second district at Starbucks and that he was there with the police. Mr. Hare stated on December 10, 2022, the Police are having a neighborhood community event with a petting zoo and some different things that the police are setting up. Mr. Hare noted that everything was free, free food, free everything for anybody that attends. Third District Mr. Neil stated that he attended Dover Downtown Partnership and tourism meetings as he serves as a liaison to those boards as well. Mr. Neil stated that he also attended the Wild Meadows Homeowner’s Association meeting where Chief Johnson was the guest speaker at the request of the association. Mr. Neil noted that by the time he was finished he had a lot of senior ladies who were swooning and mooning over his presentation. Mr. Neil stated that Chief Johnson was terrific and that he will be getting a thank-you note. Mr. Neil continued to state that he also attended Economic Development prior to this last one that Mr. Taylor just reported on. Mr. Neil stated that he and Ms. Arndt sent out alerts on several items including the State Street repairs and the Gift of Lights. Mr. Neil stated that those alerts go to civic leaders, and HOA leaders in the third district so that they can spread them out to their individual people throughout their communities. Mr. Neil stated that they also handled several communities and individual complaints by constituents who are still dealing with a six-way traffic situation at Governors, Ross, and Bradford, which is a traffic problem that involves DelDOT. Mr. Neil noted that Representative Lynn has graciously agreed to fund this project. Mr. Neil stated that he will make sure that Councilman At-Large and Councilwoman Arndt, are informed, and the same thing to additional problems dealing with housing. Mr. Neil stated that housing handled by, that is rental housing, and has been causing problems and serving as cancer in the neighborhood. Ms. Arndt stated that she attended a meeting with department leadership, most of whom are in the audience this evening. Ms. Arndt explained that they met the prior week to discuss the Meeting House Branch Drainage Improvement Project, and kind of the status timeline moving forward. Ms. Arndt stated that they have a great team in Dover, they are certainly on top of it, and that she is hoping that they will come to a committee meeting in the future to give Council a briefing on where they stand on that project. Ms. Arndt stated that she was also able to attend the 18th Century Market Fair, a couple of weeks ago. Ms. Arndt noted that she loves that event and that it just keeps getting bigger. Ms. Arndt stated that she thinks that event and Dover Days really have showcased the history of our town. Ms. Arndt stated that coming up this week Councilman Neil, herself, and several others have been invited to the Towne Point’s HOA meeting. Fourth District Mr. Anderson stated that Saturday there was a wonderful event in which he was honored to participate and contribute with community enhancement funds towards the annual Thanksgiving dinner, which helps a lot of people in need in the local community, right downtown at Holy Trinity. Mr. Anderson stated that with the neighborhood watch, there has been a lot of good feedback at the various neighborhood watch meetings. Mr. Anderson noted that the people in the Kirkwood Street, the North Page 103

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 9 Item #3. Division Street neighborhood watch are extremely happy about the lower rates of crime which are 85% to 90% below what they used to be just a few years ago. Mr. Anderson stated that they are working to get grants for LED lights. Mr. Anderson noted that he worked on some things with disorderly premises, which helped with a couple of problem areas. Mr. Anderson stated that the community policing elements have been completely invaluable. Mr. Anderson continued to state that thanks to the neighborhood watch, the light sound over strong, and the Anti-Drug Task Force, at least nine drug houses were closed as well as a store that was operating as a paraphernalia distribution point and worse. Now it is reopened and is a positive element in the community. There were a lot of items and moving parts that went into that building the whole community, including everything from the Community Garden all the way through. Mr. Anderson noted that we need to think about that as we discuss moving forward, looking at everything from lighting to policing, the involvement, et cetera. Mr. Anderson stated that housing is a part of that, as home ownership, the partnership with Habitat for Humanity, NeighborGood Partners, and getting more people with a stake in all that was part of it. Mr. Anderson stated that they look at the success they have had and build on that. Mr. Anderson stated that he had the opportunity to go to the Hamlet Neighborhood Association, which was well attended by a couple of dozen people in that neighborhood, and that they had many discussions. Mr. Anderson noted that a lot of them were hyperlocal and that they all work through and deal with some of them. Mr. Anderson stated that the people there had discussions about understanding and that they were grateful for discussions about understanding the electric rates. Mr. Anderson noted the people were not upset about it, but they wanted to understand it because they are paying more, and they need to know why. Mr. Anderson noted that there was a wonderful discussion on that, and the people had a robust discussion. Mr. Anderson stated that he and Councilman Taylor received an invitation to forward to the City staff to give a free spot in the next Maryland Supplier, Diversity event. Mr. Anderson stated that they had a couple of businesspeople including committee member, Ms. Adams of the Economic Development Committee at the previous one talking about how she had an easier time getting business in Maryland and in other states. Mr. Anderson stated that is where she had major contracts and had hardly any business with the government here in Delaware State, County, and City. Mr. Anderson stated that people from Woodcrest, Hamlet, and Lincoln Park would like us to have discussions about how to design our roads to reduce speeding in the neighborhoods. Mr. Sudler stated that he received a concern/complaint regarding, Fulton Street Alley from Mr. O'Brien regarding alleged possible illegal activity. Mr. Sudler stated that it seems that they need to look at that concern which Councilman Anderson, the Mayor, and he himself had in the past. Mr. Sudler stated that he also received a concern/complaint from Mr. Thomas Armstrong, who is the owner of Tom's Bullpen. Mr. Sudler noted that there was a shooting in the Hamlet Shopping Center, at the Pizzeria. Mr. Sudler stated that Mr. Armstrong was concerned about the fact that his establishment was being somewhat highlighted because the individual got shot and ran into his establishment, but the incident did not take place there and he felt that that was sort of unfair. Mr. Sudler stated that he spoke with the owner of La Hacienda, and he is still concerned about the loitering and also the shooting incident that took place. Page 104

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 10 Item #3. Mr. Sudler stated that the constituents are still somewhat asking, inquiring, and anticipating when would electric rates be adjusted. At- Large Mr. Boggerty stated that he participated in a new program that is in our area called Network Connect at Legislative Mall and that it is an enrichment program attempting to provide resources to low to moderate-income households. Mr. Boggerty stated that he attended the Trunk-Or-Treat at William Henry Middle School as a Councilman. Mr. Boggerty said that it was fun, they ran out of candy, and the line was forever long. Mr. Boggerty stated that he also attended in support of one of our local businesses, Evans Funeral Home, which also had a Trunk-Or-Treat. Mr. Boggerty explained that he was able to mingle with the kids and that he did not run out of candy at that one, but that it was close. Mr. Boggerty stated that he attended and participated in a district one community meeting. Mr. Boggerty continued to state that Council members Rocha and Pillsbury were excellent, well put together, very well moderated, and very informative, Mr. Boggerty stated that he was the MC for the NAACP Freedom Fund Banquet. Mr. Boggerty noted that it was excellent and well-attended. Mr. Boggerty explained that they awarded some community leaders and Councilman Rocha was also the DJ, there spinning the tunes. Mr. Boggerty stated that he attended the Village of Westover HOA meeting. Mr. Boggerty said that they were resetting their HOA and that he was also able to speak with them, although they were not impacted. Mr. Boggerty stated that he answered a few questions about the redistricting and tried to answer a few questions that they had but it was decently attended. Mr. Boggerty stated that he is chairing the committee for the Black Male Initiative that is being hosted by the Delaware State Business School. Mr. Boggerty continued to state that the goal of the program is to make sure that we encourage black and brown men, young men who would not typically go to college to come and consider. Mr. Boggerty stated that he would have benefited from a program like this because he did not know about it and did not come from a background where he knew about financial aid. Mr. Boggerty stated that he had a 2.17-grade point average when he graduated high school because he was working late and trying to go to school. Mr. Boggerty explained that this program wants to remove the barriers and we know that education is one way to remove the barriers of some of the things we are facing. Mr. Boggerty further explained that while it is a black and brown initiative, all are invited to attend, and will be held on February 24, 2023. Mr. Boggerty noted that they asked him to contact political leaders throughout the state to come. Mr. Boggerty met with the GVI and Larry Normile, at Delaware Technical and Community College and toured the new Workforce Readiness Medical Program to help some of the individuals that they are involved with and that are considering utilizing that program. Mr. Boggerty noted that this is not a 4-year degree, great for someone to learn a trade, and the cost is minimum. Mr. Boggerty stated that they are already engaging one student in that program and that one student can make a difference. Mr. Boggerty stated that he attended the Black and Brown Leadership call that is hosted by Lieutenant Governor Bethany Hall-Long monthly. Mr. Boggerty stated that Black and brown leaders are throughout the state and open to everyone. Mr. Boggerty noted that they talk about issues pertinent to Page 105

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 11 Item #3. the black and brown community and while it is not completely going away, they talked about COVID numbers and other stressors within the community. Mr. Boggerty stated that he also participated in the Delaware State University Homecoming. Mr. Boggerty continued to state that he is also working with an ambassador for the Dover Downtown Partnership to develop new events to help them develop new programs and new activities downtown to make downtown attractive again. Mr. Boggerty stated that Golf Suites is now wanting to look at Dover now. Mr. Boggerty noted that he immediately started texting Mr. Hugg and that he thinks he made an initial phone call, and that those conversations will be going on. Mr. Boggerty explained that Golf Suites have laid out the parameters and hopefully they can fit. Mr. Boggerty further explained that we meet most of the criteria and it is just finding 10 acres of land in their location. Mr. Boggerty stated that they need to be by a university, a military base, or by a highway. Mr. Boggerty stated that he met with one of the representatives for Delaware Prosperity Partnership and that they are developing a relationship to help the city explore opportunities of what they can do to increase employment opportunities for our citizens. Mr. Boggerty noted that this includes citizens in Dover, up and down the state, to help establish a relationship with a transportation company for individuals who want to go to Middletown and work but live in Dover. Mr. Boggerty stated that there is a big plan for a chemical plant that is coming to the Middletown area. Mr. Boggerty noted that the jobs are supposed to pay up in the $60,000, to $70,000 range. Mr. Boggerty stated that he spoke with the Delaware Interscholastic Athletic Association (DIAA) President in support of one of Dover High’s football players who is not being allowed to play. Mr. Boggerty stated that he is not being allowed to play because he moved, and they did not know why he moved for a competitive advantage, all this language but he spoke with the President in support of this young man who is a senior and he was having a pretty good year. Mr. Boggerty explained that he missed a few games, but they later cleared him to play so he hopes everything works out for him. Mr. Boggerty stated that he also spoke with a local landlord, to discuss the loitering that was occurring on their property. Mr. Boggerty stated that he encouraged them to act before the city acts. Mr. Boggerty stated that he has noticed there is kind of an increase in individuals just kind of sitting on their property. Mr. Boggerty stated that the landlord assured him that they are going to put whatever methods in place to reduce the loitering on one piece of their property. Mr. Boggerty also encouraged the landlord to get ring cameras, et cetera, and to work with Dover Police Department to make sure just in case any events are happening there. Mayor Christiansen Mayor Christiansen reviewed Attachment #3 – Mayor’s Report Responding to Mr. Taylor, Mayor Christiansen stated that he went to breakfast and met with business owners from downtown and some businesses in the community. Mayor Christiansen explained that they asked which direction they were going as far as utility, energy issues that they have discussed, and other safety issues. Page 106

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 12 Item #3. Responding to Mr. Taylor, Mayor Christiansen stated at the Chamber meeting that he let them know they are making progress and encouraging businesses to come downtown and that we are anxiously waiting for the Mosaic Report. Responding to Mr. Taylor, Mayor Christiansen stated that there was not a plan delivered at the Chamber of Commerce meeting to make things a little safer downtown. Presentation – The City of Dover Parks and Recreation Project Update (Robin Eaton, Director of Parks and Recreation) Mr. Robin Eaton, Director of Parks and Recreation reviewed the presentation of the Dover Parks and Recreation Project Update. Responding to Ms. Arndt, Mr. Eaton stated that regarding the 5 to 12-year-old playground it is coloring of the surface. Responding to Mr. Sudler, Mr. Eaton stated that they have attended some rotary meetings but the whole organization within the area has yet to get on board with that. Mr. Eaton stated that he believes there are five and three of them are in support. Mr. Eaton stated that they are currently not advertising for funding but that they have received funds through grants. Mr. Sudler stated that at the beginning of the process there were individuals who wanted to donate to the park’s projects. Mr. Sudler and Mr. Anderson suggested reviewing the past minutes and reaching out to different clubs and organizations. Mr. Sudler stated that he thinks Mr. Eaton is doing an excellent job, and the whole staff is doing an excellent job. Mr. Sudler noted that he has gone to Williams Park, and it looked amazing when they had the two events. Mr. Sudler further noted that Dover Park is looking amazing, upkeeping with sustainable strategies, and progress is continuing. Mr. Sudler stated that he is very proud of the staff and that the work that they put in years ago is reflecting what they did then, and today. Mr. Taylor suggested Mr. Eaton reach out to the Biden School and the Grant Assistance Program. Responding to Ms. Arndt, Mr. Eaton stated that they looked at the cost analysis of the actual roof structure and how it would be built for solar panels, as opposed to without the solar panels, and then the amount of light that we would get in that wooded area, and it just, it really was not cost-effective. Responding to Mr. Tholstrup, Mr. Eaton stated that adding conduits at this point would not be difficult for the charging station but that is a decision that needs to be made by everyone. Ms. Arndt stated that she thinks it is a good option to consider, DNREC parks had done that and put chargers in the parks. Ms. Arndt explained that it draws people in because they need a charge and then they will enjoy the resources. Responding to Mr. Sudler, Mr. Eaton stated that the dog park is being done in-house and would likely start in the spring. Responding to Mr. Rocha, Mr. Eaton stated that WRA, Whitman, Requardt, and Associates, the engineers on the project, are in the final stages of developing the RFP paperwork for the skatepark. Page 107

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 13 Item #3. Mr. Eaton explained that they wanted to get the Dover Park project behind them and then the skatepark shortly thereafter. Mr. Eaton stated that it is his goal to have the projects concluded by end of 2023. Silver Lake Dam – Annual Inspection Review (Jason Lyon, Director of Water Wastewater) Mr. Jason Lyon, Director of Water and Wastewater, reviewed the background and analysis regarding the Silver Lake Dam Annual Inspection. Staff recommended accepting the Silver Lake Dam 2022 Dam Safety Inspection Report and the FY 2022 Silver Lake Dam Inspection and Update Memorandum. Responding to Mr. Neil, Mr. Lyon stated that in May of 2022, they considered inflation, but that they did not know if inflation is kind of out of control. Mr. Lyon stated that as far as the budget, it will have to be reprogrammed into the budget for future years, which will be presented as part of their budget packet through their department. Mr. Hare moved to recommend accepting the Silver Lake Dam 2022 Dam Safety Inspection Report and the FY 2022 Silver Lake Dam Inspection and Update Memorandum, as recommended by staff. The motion was seconded by Mr. Rocha and unanimously carried. Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, hearing no objection, the meeting adjourned at 7:51 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried. Increased Purchase Cost of Electric Trucks, by more than 15% (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director review the background and analysis for the increased purchase cost of the electric truck by more than 15 percent. Staff recommended approving the additional cost of $75,707.76 to purchase the Digger Truck Vehicle #775 utilizing the funds designated for the purchase of the 2013 F550 Vehicle #778 and pushing the purchase of Vehicle #778 to FY24. Responding to Mr. Taylor, Mr. Waddell stated they are not happy with having to spend more money but yes, he did run it by Ms. Peddicord, City Manager Hugg, and Assistant City Manager Duca. Mr. Waddell stated that this is the problem and gave them the secondary plan which was placed in the committee action form in the packet. Mr. Hare moved to recommend approving the additional cost of $75,707.76 to purchase the Digger Truck Vehicle #775 utilizing the funds designated for the purchase of the 2013 F550 Vehicle #778 and pushing the purchase of Vehicle #778 to FY24, as recommended by staff. The motion was seconded by Mr. Sudler and unanimously carried. Page 108

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 14 Item #3. Update from the American Federation of State, County, and Municipal Employees (AFSCME) on Membership Priorities (Kay Sass, President of AFSCME Union) Ms. Kay Sass presented a verbal presentation regarding an update from the AFSCME Union (Attachment #4). Mr. Sudler thanked Ms. Sass for acknowledging the leadership regarding all of us on how they play a significant role as a team or city council, and the fact that they do put our organizational citizens first and they do hear them. On behalf of himself as Council President and all of Council, Mr. Sudler thanked Ms. Sass and noted the hard work that the council puts forth, the strategies that they are putting forth to boost morale, and everything. Mr. Sudler noted the Diversity, Equity, Inclusion, faith, and just everything that they are doing in conjunction with the mayor’s assistance as well, that this is a team and when one component of the team wins, we all win. Mr. Sudler thanked Ms. Sass for acknowledging and recognizing their initiative and their part in the success of the team over. Responding to Mr. Sudler, Ms. Sass stated there is no way she can truly emphasize the importance of how everyone really feels about being heard. This is something they have talked about probably a lot over the last year and a half or so, and on behalf of AFSCME, she can say that. On behalf of a lot of other employees, she can say that as well. Ms. Sass noted that it is not always easy to be an elected official, but what it does come down to is when you have empathy and the desire, it shows through. It may not always go in everyone's favor but knowing that they are being heard sometimes is just as valuable. Proposed Ordinance #2022-21 - Amending Article 3. District Regulations - Section 20A. - Industrial Park manufacturing zone - Business and Technology Center (IPM2) Ms. Mary Ellen Gray, City Planner reviewed the background and analysis for the Proposed Ordinance #2022-21. Staff recommends approving the Ordinance for the First Reading at the November 28, 2022, Regular City Council Meeting. Responding to Mr. Neil, Mr. Hugg stated that this has not been an easy sell, it is a beautiful park with somewhat limited access and a fair number of restrictions. Mr. Hugg noted that in the marketplace today, they have talked to numerous potential buyers, developers, whatever, with not the greatest success. Mr. Hugg stated that 20 years later, they had four uses in a park of 300 acres or so. Mr. Hugg further explained that they had discussions with and have offered the sale of the park through a broker to give the city more opportunities to contact people. Mr. Hugg stated that they have one letter of intent, one contract for sale, and three pending contracts for sale by virtue of using the broker. Mr. Hugg stated that they still own the land and have not sold it yet, but that the city has contracts on some of the lots because of both our own energy and the broker being out there and aggressively talking to some people. Mr. Hugg stated that unfortunately, the interest rate hike that the Federal Reserve has put on prevented the settlement of one of the lots that they had a sale contract on. Mr. Hugg noted that it will probably come back if the interest rates drop a little bit, but that they have another offer on the same lot. Page 109

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 15 Item #3. Mr. Hugg stated that they concluded that they needed some professional guidance and professional representation to make these transactions happen. Mr. Neil stated that there is a free buffer and there is a solar park that is there, but that would be his only concern, but he sees no problem whatsoever. Mr. Neil explained that he needed the clarification of terms of what originally was offered and the fact that now they are serving as a broker for it if they can put people in, thank heavens because that means business for us, it means taxes for us, it means an activity in that area that should have activity. Responding to Mr. Anderson, Mr. Hugg stated that indoor recreation did not meet the purpose and intent of a business and technology park and it is currently allowed in other zoning districts. Mr. Hare moved to recommend approving the Ordinance for the First Reading on November 28, 2022, Regular City Council Meeting, as recommended by staff. The motion was seconded by Mr. Shevock and unanimously carried. Proposed Ordinance #2022-22 Amending Chapter 102 Taxation (Tax Increment Financing) (David S. Hugg, III, City Manager Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the Proposed Ordinance #2022-22. Staff recommended approving the Ordinance for the First Reading at the November 28, 2022, Regular City Council Meeting. Mr. Hare moved to recommend approving the Ordinance for the First Reading at the November 28, 2022, Regular City Council Meeting, as recommended by staff. The motion was seconded by Mr. Sudler and unanimously carried. Proposed Ordinance #2022-23 - Amending Chapter 2. Administration - Article IV. Officers and Employees - Division 4. Controller/Treasurer Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the Proposed Ordinance #2022-23. Staff recommended approving the Ordinance for the First Reading at the November 28, 2022, Regular City Council Meeting. Mr. Hare moved to recommend approving the Ordinance for the First Reading at the November 28, 2022, Regular City Council Meeting, as recommended by staff. The motion was seconded by Mr. Sudler and unanimously carried. Proposed Ordinance #2022-24 - Amending Chapter 2. Administration - Article IV. Officers and Employees - Division 5. City Clerk Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the Proposed Ordinance #2022-24. Staff recommended approving the Ordinance for the First Reading at the November 28, 2022, Regular City Council Meeting. Page 110

COUNCIL COMMITTEE OF THE WHOLE MEETING NOVEMBER 15, 2022 PAGE 16 Item #3. Mr. Rocha moved to recommend approving the Ordinance for the First Reading at the November 28, 2022, Regular City Council Meeting, as recommended by staff. The motion was seconded by Mr. Shevock and unanimously carried. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection, the meeting adjourned at 8:18 p.m. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting, hearing no objection, the meeting adjourned at 8:19 p.m. Roy Sudler, Jr. Council President RS/re S:\AGENDAS-MINUTES-PACKETS\Committee-Minutes\2022\11-November\11-15-2022 CCW - RE AW.docx Attachments Attachment #1 - Letter of Opposition – Delaware State University Attachment #2 - Pictures of Raymond Street Attachment #3 - Mayor’s Monthly Report Attachment #4 – AFSCME Union Update – Ms. Kay Sass Page 111

ATTACHMENT #1 Council Committee of the Whole Meeting ofItem #3. 11/15/2022 DELAWARE STATE llNIVERSITY OOiC'c or UIC Prcsidclll November 15, 2022 Via Hand Delivery City of Dover Council Committee City Hall Council Chambers 15 Loockerman Plaza Dover, DE 19901 Re: Request for Waiver - Appendix A - Subdivisions, Article VI - Subdivision - General Requirements and Design Standards, Section A - Streets (Right-of-Way known as Raymond Street and Railroad Avenue) Dear City of Dover Council Committee, Iwrite on behalf of Delaware State University regarding the above-referenced request for waiver. The University respectfully opposes the waiver due to the impact on traffic in the area. h.D. /!_-------.., 1200 North DuPont Highway· Dover, DE 19901 • 302.857.6100 (office)· 302.857-7410 (fax)· www.desu.edu Page 112

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ATTACHMENT #3 Council Committee of the Whole Meeting ofItem 11/15/2022 #3. Mayor’s Report for October 2022 1. October 1st – Attended the reopening of the Dover Art League. 2. October 3rd – Attended Firefly overtime discussion. Attended 20th year celebration kick off for Hope Medical & Dental clinic. 3. October 4th – Breakfast with local business owner. Met with Executive Director Dover Kent/MPO. Met with the Executive Director of the YMCA. Meeting with DelDot compatible use study with DAFB. 4. October 5th – Dover Days Planning Committee. Met with Ed Coker from Dover Little League. Participated in the CDCC Amazing Chase in Downtown Dover. 5. October 6th – Spoke at the Delaware AmeriCorps graduation. Judged artwork in the DDP’s painting downtown and brought greetings. 6. October 7th – Participated in the Dover High School homecoming parade. 7. October 8th – Attended Back the Blue event. Octoberfest sponsored by D3. 8. October 9th – Attended the Fall White House Garden tour. 9. October 10th – Met with the Reverend Dr. Chandler. Attended City Council Meeting. 10. October 11th – Attended monthly board meeting Central Delaware Chamber of Commerce. Met with Mr. Horace Williams a businessman interested in locating a business in Dover. Attended Coffee with a Cop event. Attended Council on Police Training meeting. Chaired the Economic Development Committee meeting. Attended Council Committee in the Whole. 11. October 12th – Attended City Department Heads meeting. Communicated with the Mayor’s Office of Chicago regarding a citizen’s request. 12. October 14th – Attended AT&J presentation with Dr. Allen to Delaware State University. Attended ribbon cutting for the Community Refrigerator at Westside Family Healthcare. Met with Dr. Cade and representatives of the Haitian Community. Attended the dedication of 2 new Habitat homes 133 S. Queen St. 13. October 15th – Attended Super Senator Day at Dover High School. Attended and spoke at DVA Lions Club event at Legislative Hall “Turn the world Purple” an anti-domestic violence event. Attended the 5th anniversary celebration of Bishop James Thomas. Page 120

Item #3. 14. October 17th – Met with Mr. Dale and a visitor from out of state. Interviewed with WBOC. Met with Elizabeth Daniels planning for Juneteenth parade and celebration. Attended 125th anniversary celebration of the Dover Century Club. 15. October 18th – Attended the Kent Economic Partnership Board Meeting. Welcomed students from Central Middle School to be Mayor for the Minute. Participated at a press event for traffic and pedestrian safety with secretary McQueen and DelDot secretary Majeski at Dover High. Monthly meeting with IMA. 16. October 19th- Met with Mr. Horace Williams to help locate a business in Dover. Attended planning meeting for Capital Holiday Celebration. 17. October 20th – Attended Kent County Tourism Board meeting. Attended the Mayors of Delmarva luncheon and round table in Ocean City Maryland. Attended and presided over the Delaware League of Local Executive Board Meeting. 18. October 21st – Attended and spoke at the Colonial Rotary. Spoke to 120 students at William Henry Middle School. Met with President Joe Biden at Dover Air Force Base and he gave a personal tour of Air Force One to me, my wife, Senator Carper, Senator Coons, and Congresswomen Blunt Rochester. Motorcaded with the President and attended his speech at Delaware State University. Attended the celebration of Elizabeth Murphy School 100th anniversary. 19. October 22nd – Met with Dover Air Force Base Key Sponsor Club. Attended Open House event at Murphy School as part of their 100th anniversary. Attended the Central Branch of the NAACP Freedom Fund Banquet. 20. October 23rd - Attended the Veterans Stand Down function. 21. October 24th – Met with the Plant Manager of Delmarva Box Plant. Attended regular Council Meeting. 22. October 25th - Met with Chief Johnson and staff. Attended 46th Annual Celebration of NCALL and rebranding to NeighborGood Partners. Attended Council Committee of the Whole. 23. October 27th – Completed paperwork for Cops Grand Award. Met with students from William Henry Middle School. 24. October 28th – Met with Project Search Interns at Bay Health. Attended Funeral for Sherman Townsend a long-time member of the City of Dover Page 121

Item #3. Legislative and Finance Committee. Met with Senator Carper at Dover/Kent MPO office. 25. October 29th - Attended in Delaware State University homecoming parade. 26. October 30th – Attended induction ceremony for DAFB General William Welser former wing commander into the Delaware Aviation Hall of Fame. 27. October 31st – Met with Miki Smith and a representative from Miyagi Prefecture Japan about a visit in the spring celebrating the 25th anniversary of being our sister city and state. Responded to numerous citizens’ complaints and inquires and as well as on site visits the same. Page 122

ATTACHMENT #4 Council Committee of the Whole Meeting of 11/15/2022 Item #3. Good evening, Council Committee of the Whole and thank you for inviting us tonight to speak. I am Kay Sass, president for AFSCME Local#2356. I just became president in July. Along with myself, Matt Carey from the police department was elected vice president, Tracey Harvey from Planning and Inspections is our treasurer and Carolyn Courtney from Parks and Rec is our secretary. So, we have a diverse group of departments represented in our executive board. Again, I want to thank you for the opportunity, and I promise to keep it brief AFSCME has always bee the union that basically just went along, to get along. Any time it was asked that we accept a lesser pay increase in order to aid in the finances of the city, we did. Some years it meant 0% or 2% but typically a 3%. Only to see other unions and non-bargaining positions walk away with more that what we agreed to, when asked. What that has led to for us is pay inequities in our salaries where our supervisors are now being surpassed by their staff. Because of this, the salary study has turned into our highest priority. We do want to thank all of you for being aware of the need to move forward and for being THE council to finally follow through with administering a Salary Study that includes all staff, in all divisions rather than just the top tier managers, which is what we have seen in the past. It is our hope that this salary study is done both fair and equitable; that the same formula that is used for one, will be used for all, or we will be right back to where we are with pay inequities. Rather base the changes on the market analysis that the Assistant City Manager and HR Director has done and by taking into the consideration the length of time the employee has been in their position as a means to aid in reducing turnover of highly qualified staff and heling to retain those employees. I do encourage council once again to remember to have staff follow through with potentially getting into the State Pension Plan as previously mentioned to some of you. Knowing that some unions receive up to a 9% match on the 401/457 it could be a reduction in overall costs, while crating a balance between government entities in wage compensation. In the pay study all but one that we are compared to has a pension, lesser costs for healthcare and other benefits creating a truly robust compensation package. Many individuals in AFSCME and in other unions (plus people who have left) have the desire to have a pension and what that would mean for themselves and for the organization as far as retention of positions. I believe that it would allow us a much greater pool of diverse applicants looking to secure their future for themselves and their families that they are raising in Dover by obtaining and maintain positions of local talent. We are very aware that the implementation of the salary study is not going to be cheap. However, in order to compete against other municipalities and other tiers of government in keeping our staff we have to do better, and we are grateful that you recognize this. Page 123

Item #3. I was once asked to have faith. If you know you know – Faith causes us to act on what we have not experienced yet, to believe in promises that have yet to be fulfilled, and to trust when our situations have not changed. This Council has shown that we can have faith, that you sincerely understand and support the employees. The fair implementation of the salary study is a priority for us – for all the years that we put that same faith in our city. Again, I thank you for addressing the issue, for holding others to the expectation of accomplishing the study in a timely fashion and we look forward to moving forward. I am always here to help as just Kay or as the President of AFSCME. We still want to be that same union that gets along, that handles things quickly, calmly and by the book. We respect the rules in place and follow protocol as expected. So, if we can be of service to you, please do not hesitate to ask. Page 124

Item #20. Page 125

Item #23. Page 128

FIRST READING Item #28. City of Dover PROPOSED CITY OF DOVER ORDINANCE #2022-22 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 2 - Administration, Article V - Finance be amended by inserting the text indicated in bold, 5 blue font and deleting the text indicated in red strikeout as follows: 6 7 Section 2-422 -Tax Increment Financing, Purpose, and Findings 8 9 a) The City Council of the City of Dover has determined that a need exists within the city for 10 improvements and reinvestment throughout the city. Such improvements will enhance the taxable 11 base of the city, directly and indirectly, encourage the development and redevelopment of 12 commercial and residential areas of the city, increase commercial activity, increase employment, 13 and benefit the general health and welfare of residents; and 14 15 b) The City Council on February 14, 2017, passed Resolution #2017-02 supporting changes to the 16 Delaware Code to enable Dover and Kent County to utilize the provisions of the TIF and Special 17 District code provisions; and 18 19 c) 22 Delaware Code, Section 1703 provides “In addition to whatever other powers it may have, and 20 notwithstanding any limitation by law, any municipality may borrow money by issuing and selling 21 bonds, at any time and from time to time, for the purpose of financing the development of an 22 industrial, commercial or residential area.”; and 23 24 d) Delaware Code was amended to authorize the City of Dover to use the provisions of 22 Delaware 25 Code, Chapter 17, Municipal Tax Increment Financing Act, including specific Dover provisions 26 in 22 Del. C, Section 1716; and 27 28 e) Tax Increment Financing (TIF) is a financing method that allows the use of future tax revenues 29 generated by economic development projects to help pay for the project; allows for the issuance 30 of revenue bonds for such purposes, such bonds being tax-exempt and not a pledge of good faith 31 or credit of the city; and by capturing the tax revenue increment between the original assessed 32 value and the value resulting from the project; and 33 34 f) Due to the condition, age, and design of buildings and infrastructure, configuration and size of 35 parcels, competition from commercial activities throughout the city, and other factors, the costs 36 and complexities of development, redevelopment, and reinvestment tend to limit investment; and 37 38 g) Tax increment financing is frequently used by local governments to enable funding of certain 39 development and infrastructure projects but the availability of alternative financing options for 40 these projects might not occur otherwise. Page 133

Proposed Ordinance #2022-22 Chapter 2 - Administration, Article V - Finance Item #28. Page 2 41 42 Section 2-423 - Authorization to Consider Issuance of Tax Increment Financing (TIF) District 43 Bonds 44 45 a) Before issuing bonds under the Municipal Tax Increment Financing Act, the city must designate 46 by Resolution, an area as a TIF District, obtain from the City Assessor an assessment of the original 47 assessed value in the district, create a special fund for the purpose of receiving the tax revenue 48 increment, and comply with all other provisions of the Municipal Tax Increment Financing Act. 49 50 b) By enactment of this Ordinance the City Council indicates its intention to issue bonds, notes, or 51 similar instruments in one or more series from time to time for projects and amounts to be 52 determined in the future, prior to the bond offering, for the purposes set forth in the Resolution and 53 as allowed under Municipal Tax Increment Financing Act. 54 55 c) "Council shall have the power by Resolution to establish terms of the bonding and financial 56 arrangement and enter a cooperating agreement with other taxing entities such as State, County, 57 and school districts." 58 59 Section 2-424 - Effective date 60 This Ordinance shall be effective immediately upon final passage by the City Council of the City of Dover. 61 Passed *. 62 63 Sec. 2-4225. - Sale and disposition of real property. 64 65 (a) Authorized. Except as otherwise provided and upon approval of the city council, the city manager 66 is hereby authorized to sell or dispose of excess property. 67 68 (b) Determination of excess status. The city manager, upon determining that a city owned parcel of 69 land is excess in nature and that the disposal of such land would be beneficial to the City of Dover, 70 will request, through the legislative, finance, and administration committee, that city council 71 consider disposal of such land. 72 73 (c) Costs of conveyance. Unless otherwise specified by the city council, all fees and costs, legal or 74 otherwise, associated with the sale and conveyance of all excess lands shall be paid by the 75 purchaser. 76 77 (d) Standard method of disposition. 78 (1) The legislative, finance, and administration committee, upon receiving a request to dispose 79 of excess real property, shall, prior to making a recommendation to city council, request all 80 pertinent information including, but not limited to, the following: 81 a. Determination that subject parcel is not required by any other city department. 82 b. Written explanation of why subject parcel is now surplus. 83 c. Determination of whether a zoning change would enhance the sale value of subject 84 parcel and recommend said change if warranted. 85 d. Determination if the parcel's exact location and size is known and, if not, recommend 86 whether said parcel should be surveyed by the city prior to any sale attempts. Page 134

Proposed Ordinance #2022-22 Chapter 2 - Administration, Article V - Finance Item #28. Page 3 87 88 (2) City council, after receiving a positive recommendation from the legislative, finance, and 89 administration committee to dispose of a surplus parcel of land, shall, as part of its 90 deliberations: 91 a. Determine if disposal of the parcel is in the city's best interests. 92 b. Determine if disposal by sale, gift, or some other means would best serve the city's 93 interests. 94 c. Determine if the city planner should be requested to initiate rezoning procedures. 95 d. Publicize the pertinent information concerning the surplus parcel and its availability 96 for purchase to the general public at least once a week for two weeks in a local 97 newspaper. 98 e. Make public, and a part of the record, all written correspondence received and, after 99 the publicizing requirements of subsection (2)d. are met, hold a public hearing to 100 receive any other citizen input. 101 102 (3) City council, after voting to proceed with the sale of surplus land, shall determine: 103 a. If an unbiased appraisal is needed to establish a minimum acceptable price. 104 b. Whether to sell the parcel by public auction or by sealed bid, and what the minimum 105 acceptable offer will be. 106 c. The degree and scope of advertising, with a minimum of exposure being advertisement 107 once a week for two weeks in a newspaper of general circulation within the county. 108 d. Whether the circumstances of and surrounding a particular sale may be such that the 109 best interests of the city would be served by listing the property for sale with a licensed 110 real estate agent. 111 112 (4) City staff shall, with city council's direction: 113 a. Arrange for advertisement of the sale. 114 b. Draft the sale bill setting out a description of the parcel to be sold, time, date, and place 115 of sale or bid opening, the terms and conditions of sale, and the city's reservation of 116 acceptance or rejection of any or all bids received at the time of sale or bid opening. 117 c. Order and distribute a sufficient number of sale bills for posting and distribution in the 118 county courthouse, at the site, and in the general area of the parcel. 119 d. Obtain the services of a professional auctioneer if said sale is to be a public auction. 120 e. Conduct the sale and submit the results to city council. 121 f. Obtain the services of a licensed real estate agent if the sale is to be brokered. 122 123 (5) City council, after confirming the sale, shall: 124 a. Request the city solicitor to prepare a deed for execution and to arrange for final 125 settlement with the purchaser, at which time the city will deliver the deed, the 126 purchaser will pay all balances due, and the city solicitor will record said deed in the 127 Recorder of Deeds Office for Kent County. 128 129 (e) Exceptions to standard method of disposition. 130 (1) Exception A—Sale to an abutting owner. When, in the opinion of city council, a public sale 131 would be detrimental to the lands of an abutter, and/or that a public sale would place the 132 abutter at undue risk; or that the combination of abutter's land and city's land would be Page 135

Proposed Ordinance #2022-22 Chapter 2 - Administration, Article V - Finance Item #28. Page 4 133 substantially greater in value than that of the sum of the parcels considered individually, city 134 council may direct the city assessor to have prepared one or more unbiased fee appraisals of 135 the parcel. Thereafter, the subject land will be offered for sale to the said abutter at the 136 appraisal price, plus the appraisal fees, plus the legal costs. In the event the offer is not 137 accepted, a public sale may be ordered. 138 139 Examples of detrimental affect might be when the surplus city parcel lies between an abutting 140 property and the street and development of the parcel would obstruct visibility of the abutter's 141 property, or when the surplus parcel is zoned multi-family and abuts a single-family parcel. 142 143 (2) Exception B—Trade of lands. Trade of lands may be approved when it is shown beyond 144 doubt that such a trade will be equal to or better than the lands to be traded either on a "square 145 foot for square foot" measure and/or on a "dollar for dollar" measure. 146 147 (3) Exception C—Conveyance of odd shaped and/or unbuildable parcels. City acquisitions for 148 roads, utility usages, etc. may, after such usage is accomplished, leave a small strip of land 149 that is odd shaped and unbuildable. City council may approve the conveyance of this strip of 150 land to an abutting property owner on request of said owner. The price for these lands shall 151 be at the same cost basis as that paid by the city. If conveyance is made in excess of two 152 years after the date of city acquisition, then the consideration shall either be based on a price 153 established by an unbiased fee appraisal made on the basis of the value added to the abutting 154 property by the acquisition of said lands, or on the city's cost basis for the parcel adjusted for 155 inflation, whichever city council shall select. All fees, legal or otherwise, associated with the 156 conveyance are to be paid by the purchaser. 157 158 (4) Exception D—Sale of small or irregular shaped lot to an abutting owner. If any excess parcel 159 of land is too small or irregular in shape to be of any value to anyone other than an abutting 160 owner, it may be sold to such owner at either its fee appraised fair market value, or at its fair 161 market value as established by the city's assessment records, whichever city council shall 162 select. The costs of the appraisal and all legal costs shall be paid by the owner requesting the 163 conveyance. 164 165 (5) Exception E—Donation of land to non-profit organizations. If, in the opinion of city council, 166 the donation of a parcel of excess land to a non-profit organization would be in the best 167 interest of the city, council then reserves unto itself the right to make such donation. 168 (Code 1981, § 2-80; Ord. of 3-12-2001; Ord. No. 2017-02 , 2-13-2017) 169 170 Secs. 2-4236—2-500. - Reserved. 171 172 173 174 ADOPTED: * 175 S:\ClerksOffice\Ordinances\BLOCKS\Ordinance.wpd 176 177 178 SYNOPSIS 179 This Ordinance creates a new Section to implement the authority granted to the City of Dover pursuant Page 136

Proposed Ordinance #2022-22 Chapter 2 - Administration, Article V - Finance Item #28. Page 5 180 to 22 Delaware Code, Chapter 17, Municipal Tax Increment Financing Act. It renumbers the existing 181 code as necessary. 182 183 (SPONSORS: ANDERSON, PILLSBURY, AND ROCHA) 184 185 186 Actions History: 187 11/28/22 - Scheduled for First Reading 11/15/22 - Legislative, Finance, and Administration Committee Page 137

FIRST READING Item #29. City of Dover CITY OF DOVER ORDINANCE #2022-23 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 2. Administration - Article IV. Officers and Employees - Division 4. Controller/Treasurer 5 be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red 6 strikeout as follows: 7 8 Section 2-261. - Appointment. 9 10 There shall be a controller/treasurer selected by a council majority vote of the city council at its annual 11 meeting. to hold office until their successor has been duly chosen and qualified, but subject to 12 removal at any time by the council. 13 14 15 (Code 1981, § 2-136; Ord. of 3-12-2001; Ord. No. 2009-23, 10-26-2009) 16 17 Charter reference— Treasurer and financial affairs, subpart A, §§ 42—50. 18 19 Secs. 2-262—2-280. - Reserved. 20 21 22 ADOPTED: * 23 24 25 SYNOPSIS 26 This ordinance is to make a technical correction to mirror the changes made in the Charter that was 27 adopted on September 9, 2022, H.B. 456. 28 29 (SPONSORS: ANDERSON AND HUGG) 30 31 32 Actions History: 33 11/28/22 - Scheduled for First Reading 34 11/15/22 - Legislative, Finance, and Administration Committee P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 138 Community Excellence Through Quality Service

FIRST READING Item #30. City of Dover CITY OF DOVER ORDINANCE #2022-24 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 2. Administration - Article IV. Officers and Employees - Division 5. City Clerk be amended 5 by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 6 7 Sec. 2-281. - Appointment. 8 9 There shall be a city clerk selected by a council majority vote of the city council at its annual meeting, 10 and such person shall serve as the clerk of the city council until their successor has been duly chosen 11 and qualified, but subject to removal at any time by the council. 12 13 (Code 1981, § 2-116; Ord. of 3-12-2001) 14 15 Sec. 2-282. - Functions. 16 17 The city clerk shall perform the following functions: 18 (1) Records generally. Have charge of and preserve the records, books and papers of the city that are 19 entrusted to him by this Code or by the city manager; 20 21 (2) Meetings. Attend all meetings of the city council and transcribe a record of the proceedings; 22 23 (3) Ordinance records. Keep records of all ordinances adopted by the city; 24 25 (4) Notices. Prepare and sign, at the direction of the city council or the city manager, all notices for 26 grading, paving, graveling or curbing sidewalks or the placing of gutterplates, notices for 27 opening streets and condemnation of land and whatever other notices that the city shall direct; 28 29 (5) Recording and filing. Record or file reports or papers, at the direction of the city council or the 30 city manager; 31 32 (6) Other duties. Perform such other duties as required by law, by this Code or as directed by the 33 mayor or city council. 34 35 (Code 1968, § 2-26; Code 1981, § 2-117; Ord. of 3-12-2001) 36 37 Sec. 2-283. - Records management program. 38 39 The city records management program shall consist of an established policy and procedures, as follows: 40 41 (1) Policy. A records management policy shall be established and implemented by the city to ensure 42 the safety of essential records; to provide for an archival depository for the permanent P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 139 Community Excellence Through Quality Service

Proposed Ordinance #2022-15 Chapter 70 – Nuisance Ordinance Page 2 Item #30. 43 preservation of historical records; and to provide an orderly system of maintaining, retrieving 44 and storing of records and proper and legal disposal of obsolete records. In order to establish an 45 efficient and economic records program, it shall be the duty and responsibility of each 46 department head to ensure compliance within their department of the city records management 47 policy. Should a department fail to comply with the records management policy, the records 48 manager or his designee has the authority to serve as the records coordinator for the department 49 in implementing the policy. 50 51 (2) Records manager. The city clerk is hereby designated as the records manager for the city and is 52 responsible for the implementation and maintenance of the city records management policy. The 53 records management policy shall incorporate the minimum requirements and guidelines set forth 54 in 29 Del. C. § 501 et seq. The records manager shall serve as the city's liaison with the state 55 bureau of archives and records. The records manager shall also serve as the coordinator of all 56 city departments and shall develop, or assist in the development of, records management 57 procedures specific to those departments consistent with state law, the city Charter, and this 58 Code. 59 60 (Code 1981, § 2-118; Ord. of 8-12-1996) 61 62 Secs. 2-284—2-300. - Reserved. 63 64 65 ADOPTED: * 66 67 68 SYNOPSIS 69 This ordinance is to make a technical correction to mirror the changes made in the Charter that was 70 adopted on September 9, 2022, H.B. 456. 71 72 (SPONSORS: ANDERSON AND HUGG ) 73 74 75 Actions History: 76 11/28/22 - Scheduled for First Reading 11/15/22 - Legislative, Finance, and Administration Committee P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 140 Community Excellence Through Quality Service

Item #31. City of Dover 1 CITY OF DOVER ORDINANCE #2022-21 2 3 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 4 COUNCIL MET: 5 6 That Appendix B – Zoning, Article 3 Section 20A Industrial Park Manufacturing Zone – Business and 7 Technology Center (IPM2) be amended by inserting the text indicated in bold, blue font and deleting the 8 text indicated in red strikeout as follows: 9 10 APPENDIX B – ZONING 11 12 ARTICLE 3 - DISTRICT REGULATIONS 13 14 Section 20A. Industrial park manufacturing zone – Business and Technology Center (IPM2) 15 16 Sec. 20A.A Purpose and Intent. The industrial park manufacturing zone – Business and 17 Technology Center (IPM2) is established for the following: 18 19 (a) To provide locations for the development of light to moderate industrial manufacturing, 20 warehousing, distribution, logistics, research and technology establishments as well as 21 offices and professional services which could be compatible with residential uses. 22 23 (b)To provide employment opportunities for nonoffensive industries, businesses, and 24 technologies in close proximity to centers of population. 25 26 (c) To include guidelines and performance standards which will control and confine any 27 offensive features such as noise, vibration, heat, smoke, glare, dust, objectionable odors, 28 toxic waste, or unsightly storage. 29 30 Sec. 20A.1. 31 32 20A.1 Uses permitted. No building or premises shall be used and no building or part of a 33 building shall be erected, which is arranged, intended or designed to be used, in whole or in part, 34 for any purpose, except the following, and in accordance with performance standards procedure 35 as set forth in article 5, section 8, and subject to site development plan approval as set forth in 36 article 10, section 2: 37 38 20A.11 Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking or 39 any other type of manufacturing, industrial, or technological processing of any goods, materials, 40 products, instruments, appliances, biotechnology, and devices.., provided that the fuel used shall 41 be oil, gas or electricity; together with incidental clinics, cafeterias and recreational facilities for 42 the exclusive use of employees of the concern engaged in such undertaking

Proposed Ordinance #2022-21 Proposed Ordinance #2022-21 - Amending Section 20A-Industrial Park Manufacturing Zone (IPM2) 2 Item #31. Page 2 43 44 20A.12 Research, design, testing and development laboratories. 45 20A.13 Offices and corporate support operations for business and professional services, data 46 management, financial services, insurance, and health care industries. 47 20A.14 Agricultural or farm uses as defined and permitted in article 3,section 1.11. 48 20A.15 Production of electricity provided that the power source used shall be gas, oil solar or 49 wind. 50 20A.16 Warehousing, transshipment and distribution, and logistics support and trucking 51 terminals. 52 53 20A.17 Printing, publishing, binding, and packaging. 54 55 20A.18 Accessory uses: 56 57 a) On-site offices, clinics, food service facilities, recreation facilities and child day 58 care services collocated within the permitted use and limited to exclusive use 59 by employees, and such other accessory uses and structures clearly incidental 60 to, and customary to and associated with the permitted use. 61 62 20A.19 Indoor recreation and amusement establishments. 63 64 20A.2 Conditional uses: The following uses may be permitted as conditional uses if approved by 65 the planning commission in accordance with the provisions and procedures set forth in article 66 10, section 1 and any specified requirements set forth below: 67 68 20A.21 Building contractor’s yard provided that: 69 70 (a) Outside storage is within a completely enclosed and secure area and 71 appropriately screened from public view and not in any required setback from 72 property lines. 73 (b) 74 75 20A.22 Vocational education facility 76 77 20A.23 Associated retail uses in conjunction with and accessory to a permitted use, 78 provided that the associated retail use does not occupy more than 30 percent of 79 the gross floor area of the building or group of buildings on a lot. Parking shall 80 be provided at a rate of one parking space per 300 square feet of retail space for 81 the exclusive use of retail customers in addition to the bulk parking 82 requirements of this zoning district for a particular use. 83 84 20A.24 Craft distillery and microbrewery provided that:

Proposed Ordinance #2022-21 Proposed Ordinance #2022-21 - Amending Section 20A-Industrial Park Manufacturing Zone (IPM2) 3 Item #31. Page 3 85 86 (a) All permits and approvals required by the Delaware Alcoholic Beverage 87 Commission are obtained and remain in full force and effect. 88 89 (b) All aspects of the distilling or brewing process are completely confined within a 90 building, including storage of all materials and finished products. 91 92 (c) Such establishment may offer to the public, various activities ancillary to its 93 distilling and/or brewing process, including by way of example: tours of the 94 premises, educational classes, demonstrations, tasting rooms, and retail sales 95 areas limited to the sale of beer, mead, cider, or spirits brewed or distilled on 96 the premises for consumption off-premises and other retail items. 97 98 (d) On-site consumption or tasting associated with a craft distillery or 99 microbrewery establishment shall be permitted. Any area associated with on- 100 site consumption or tasting shall not operate as a stand-alone bar or tavern, 101 shall be located on the premises of the craft distillery or microbrewery 102 establishment, and shall be ancillary to the primary use. "Ancillary" for 103 purposes of this section means subordinate, auxiliary, smaller and less 104 intensive than the primary use. On-site consumption or tasting of alcohol shall 105 be limited to those products brewed or distilled on the premises, except as 106 otherwise permitted by Delaware Law. 107 108 (e) All food sales shall be limited to prepackaged snack items or those food items 109 prepared by a food establishment licensed by the State of Delaware. 110 111 (f) Outdoor seating and gathering areas shall be permitted subject to the following 112 requirements: 113 i. Permanent and temporary outdoor seating and gathering areas shall 114 be subject to building permit application and approval 115 requirements. 116 ii. Outdoor seating and gathering areas and ancillary improvements 117 shall include physical barriers from public rights-of-way and 118 physical and visual barriers from adjoining properties. Physical 119 barriers along public rights-of-way shall restrict access from the 120 public rights-of-way to the outdoor seating and gathering areas and 121 shall not exceed four feet in height. Barriers along adjoining 122 property lines shall create a physical and visual barrier consisting of 123 fencing six feet in height or vegetation at least six feet in height. 124 iii. Maximum occupancy and points of ingress/egress shall be clearly 125 marked. Occupancy of outdoor seating and gathering areas shall not 126 exceed one person per 15 square feet of the outdoor seating and

Proposed Ordinance #2022-21 Proposed Ordinance #2022-21 - Amending Section 20A-Industrial Park Manufacturing Zone (IPM2) 4 Item #31. Page 4 127 gathering areas identified in the building plans or any other 128 occupancy limit established by the City of Dover. 129 iv. All structures and uses related to outdoor seating and gathering 130 areas and facilities are subject to the Dover Code of Ordinances, 131 Chapter 22 and Chapter 46. 132 v. The occupancy of outdoor seating and gathering areas shall be 133 included when calculating the building requirements and minimum 134 parking standards required by the City of Dover and State of 135 Delaware. 136 vi. Tables, chairs, umbrellas, equipment, games, and any other items 137 provided in connection with outdoor seating and gathering areas 138 shall be maintained in good repair and shall be secured during non- 139 business hours in a safe and orderly manner. 140 vii. Any licensing required by the Delaware Alcoholic Beverage Control 141 Commissioner for outdoor seating and gathering areas shall be 142 obtained. 143 144 20A.23 Uses prohibited. The following uses are specifically prohibited: 145 20A.231 Residences, except those existing at the time of adoption of this amendment. 146 20A.232 Manufacturing uses involving primary production of the following products from 147 raw materials: Asphalt, cement, charcoal, and fuel briquettes; chemicals: aniline dyes, 148 ammonia, carbide, caustic soda, cellulose, chlorine, and carbon black and bone black, 149 creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) of 150 an explosive nature, potash, and synthetic resins, pyroxylin, rayon yarn, and hydrochloric, 151 nitric, phosphoric, picric, and sulphuric acids; coal, coke, and tar products, including gas 152 manufacturing; explosives, fertilizers, glue, and size (animal); linoleum and oil cloth; 153 matches; paint, varnishes, and turpentine; rubber (natural or synthetic); and soaps, 154 including fat rendering. 155 20A.233 Storage, except that which is incidental to the primary use on the lot. 156 20A.234 The following processes: nitrating of cotton or other materials; magnesium foundry; 157 reduction, refining, smelting, and alloying of metal or metal ores; refining secondary 158 aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, and 159 lubricating oil; distillation of wood or bones; and reduction and processing of wood pulp 160 and fiber, including papermill operations. 161 20A.235 Operations involving stock yards, slaughter houses, and slag piles. 162 20A.236 Storage of explosives, and bulk or wholesale storage of gasoline above the ground. 163 20A.237 Dumps.

Proposed Ordinance #2022-21 Proposed Ordinance #2022-21 - Amending Section 20A-Industrial Park Manufacturing Zone (IPM2) 5 Item #31. Page 5 164 20A.238 Quarries, stone crushers, screening plants, and storage of quarry screenings, 165 accessory to such uses. 166 20A.239 Junkyards, automobile dismantling plants or storage of used parts of automobiles or 167 other machines or vehicles or of dismantled or junked automobiles. 168 20A.34 Site development plan approval. Site development plan approval, in accordance with 169 article 10, section 2 hereof, shall be required for either conventional individual lot 170 development or planned industrial park development of land zoned IPM2 prior to the issuance 171 of building permits for the erection or enlargement of all structures and prior to the issuance of 172 certificates of occupancy for any change of use. 173 20A.45 Performance standards. All uses are subject to performance standards as set forth in article 174 5, section 8. 175 176 BE IF FURTHER ORDAINED: 177 178 That Appendix B – Zoning, Article 12 – Definitions be amended by inserting the text indicated in bold, 179 blue font in appropriate alphabetical order: 180 181 Vocational education facility: Services or instruction which are geared toward training for a 182 specific occupation or set of skills. 183 184 185 186 187 188 ADOPTED: 189 Proposed Ordinance – Zoning Article 3 Section 20A IPM2 clean version – DEMW edits Nov 21 2022 190 191 192 SYNOPSIS 193 This is a text amendment to the Zoning Ordinance provisions related to the IPM2 zone. These revisions 194 add a purpose section, clarified the definition of allowed manufacturing uses, adds the uses of vocational 195 education facility, building contractor’s yard, retail component as an accessory use and craft distillery 196 and microbreweries to the Industrial Park Manufacturing Zone – Business and Technology Center 197 (IPM2). 198 199 (SPONSORS: COUNCILMAN TAYLOR AND COUNCILMAN ANDERSON) 200 201 202 Actions History: 203 11/28/22 – Scheduled for First Reading 204 11/15/22 - Legislative Finance, and Administration Committee

Item #32. FINAL READING CITY OF DOVER ORDINANCE #2022-10 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 22 – Buildings and Building and Regulations, Article VII – Property Maintenance Code 5 be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red 6 strikeout as follows: 7 8 CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS 9 10 ARTICLE VII. – PROPERTY MAINTENANCE CODE 11 12 Section 22-226 Violations and penalties 13 14 (a) Any person, firm, or corporation who violates any provision of this article shall be 15 penalized by a fine as provided for in Appendix F—Fees and Fines. 16 17 (b) Unpaid fees and fines are to be placed on the municipal lien docket by the city against 18 the property on which the violation occurred. 19 20 That Appendix F Fees and Fines, Chapter 22 Buildings and Building Regulations be amended by 21 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 22 23 APPENDIX F – FEES AND FINES 24 Chapter 22. Buildings and Building Regulations Chapter 22. Buildings and Building Regulations Fees and Fines Article III. Building Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-61. Adopted (International Building Code) Sec. 105.5.1. Expiration; Additional 180-day extensions may be granted $25.00 per 180-day with payment of a renewal fee extension Sec. 113.4. Violation penalties; Each day that a violation continues shall Fine of not less than be deemed a separate offense $100.00 or more than $10,000.00 Sec. 114.3. Unlawful continuance First offense $100.00 Second offense $250.00 Third offense $500.00 Fourth and subsequent offenses No less than $1,000.00 and no more than $10,000.00 Sec. 22-65. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of Page 146

Proposed Ordinance #2022-10 - Unpaid Fines Page 2 Item #32. fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Building permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs, $6.00 for each additional $1,000.00 of costs or multiple thereof up to $20,000,000.00, and $5.00 for each additional $1,000.00 of costs or multiple thereof above $20,000,000.00 Subsec. (a) Fence permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Sign permits $0.75 per square foot of sign area; minimum fee for each permit $50.00 Subsec. (a) Swimming pool permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Demolition permits, any building which is being demolished $50.00; $0.00 if for the purpose of vacating the land for future development or condemned and construction upon the same required to be demolished by the city or any public entity Subsec. (a) Moving permits, each building $250.00 Subsec. (a) Construction plan reviews, nonresidential (Not subject to $20.00 per set of plans doubling) Subsec. (b) Reinspections (Not subject to doubling) Page 147

Proposed Ordinance #2022-10 - Unpaid Fines Page 3 Item #32. First reinspection $0.00 Second reinspection $25.00 Third reinspection $50.00 Any subsequent reinspection $100.00 Article IV. Electrical Installations Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-110. Violations Not less than $25.00 or more than $1,000.00 Article V. Mechanical Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-145. Heating, air conditioning, and heat pump permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. Subsec. (a) Heating permit $40.00 first 10,000 BTUs and $7.00 each additional 10,000 BTUs or multiple thereof Subsec. (a) Air conditioning permit $40.00 per ton for the first five tons and $7.00 per ton over five tons or multiple thereof Subsec. (a) Heat pump permit $40.00 first 10,000 BTUs and $7.00 for each additional 10,000 BTUs or multiple thereof or $40.00 per ton for the first five tons and $7.00 per ton over five tons or multiples thereof Article VI. Plumbing Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-185. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Enumerated Page 148

Proposed Ordinance #2022-10 - Unpaid Fines Page 4 Item #32. Fixtures $35.00 first five fixtures and $3.00 for each additional fixture Garbage disposal and hot water heaters A minimum fee of $35.00 Gas, water and sewer inspection underground $30.00 for first 150 feet and $0.75 for each additional ten feet or multiple thereof Article VII. Property Maintenance Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-226. Violations Subsec. (a) Violations; penalties Not less than $25.00, nor more than $1,000.00 Article VIII. Leases Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-251. Unlawful leases Subsec. (g) Violations; penalties First offense $50.00 Each subsequent offense $100.00 Article IX. Lodging Houses Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-301. Generally Subsec. (b) Expiration; fee Annual permit fee $50.00 for the first ten rooms and $5.00 for each additional room. Annual dormitory permit fee $50.00 for the first ten rooms and $2.50 for each room thereafter. Subsec. (c) Failure to pay on due date A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Article X. Rental Dwellings Page 149

Proposed Ordinance #2022-10 - Unpaid Fines Page 5 Item #32. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-332. Inspection required Subsec. (b) Reinspection fee (Not subject to doubling) First follow-up inspection $0.00 Each subsequent reinspection, per inspection $50.00 If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten percent per month of the amount of the license fee until the same is paid. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-351. Generally Subsec. (a) Single-family dwellings, annual permit Single-family detached dwelling, each dwelling $100.00 Single-family attached dwelling, each dwelling $80.00 Subsec. (b) Multiple-family dwellings, annual permit Multiple dwellings consisting of three or less dwelling units $100.00 Multiple dwellings consisting of four or more dwelling units: For the first three dwelling units $100.00 For each additional dwelling unit in excess of three $35.00 Condominium units and accessory apartments located within $35.00 structures principally used for owner occupancy, each Subsec. (c) Late payment penalty A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Sec. 22-360. Enforcement, Fees and Penalties, Reporting Subsec. (a) Short term rental license $100.00 annually, prorated for partial year Subsec. (b) Failure to register and obtain a license $100.00 (not prorated) in addition to license Subsec. (c) Penalties for violations $100.00 per offense Article XI. Dangerous Buildings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-386. Violations; penalties for disregarding notices or orders Subsec. (a) Violations by owner, each offense, minimum $100.00 Subsec. (b) Violations by occupant or lessee, each offense, minimum $100.00 Subsec. (c) Removal of notice, each offense, not to exceed $100.00 Page 150

Proposed Ordinance #2022-10 - Unpaid Fines Page 6 Item #32. Article XII. Vacant Buildings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-403. Registration and registration fees Subsec. (a)(2)b.(ii). Registration fee Residential buildings and non-residential buildings <10,000 SF: Buildings vacant one year or less $375.00 Buildings vacant for more than one year but less than two years $750.00 Buildings vacant for more than two years but less than three years $1,500.00 Buildings vacant for more than three years but less than five years $3,000.00 Buildings vacant for five years or longer $5,000.00 25 26 27 BE IF FURTHER ORDAINED: 28 29 That Chapter 46 – Fire Prevention and Protection, Article I, In General, Section 46-1 Means of egress be 30 amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout 31 as follows: 32 33 CHAPTER 46 FIRE PREVENTION AND PROTECTION 34 35 ARTICLE I – IN GENERAL 36 37 Section 46-1 Means of Egress 38 39 (e) Penalties. If any exit access, exit, or exit discharge, with the exception of a locked exit 40 door, if found to be in violation of this section, a summons shall be issued as provided for in 41 Appendix F – Fees and Fines. Any required exit door found to be locked against egress shall be 42 in violation of this section and a summons shall be issued for each locked exit as provided for 43 in Appendix F – Fees and Fines. Unpaid fees and fines are to be placed on the municipal 44 lien docket by the city against the property on which the violation occurred. 45 46 47 ARTICLE V – FIRE LANES 48 49 Section 46-202 Violations 50 51 (d) Failure to mark. Property owners of existing buildings who do not have their fire lanes 52 marked within 45 days of being notified by the fire marshal, shall be in violation of this article. 53 Any property owner found to be in violation of [this sub]section 46-202(d) shall be issued a 54 summons as provided for in Appendix F – Fees and Fines. Unpaid fees and fines are to be 55 placed on the municipal lien docket by the city against the property on which the 56 violation occurred. 57 58 59 That Appendix F Fees and Fines, Chapter 46 Fire Prevention and Protection Regulations be amended by Page 151

Proposed Ordinance #2022-10 - Unpaid Fines Page 7 Item #32. 60 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 61 62 APPENDIX F – FEES AND FINES 63 64 Chapter 46. Fire Prevention and Protection Chapter 46. Fire Prevention and Protection Fees and Fines Article I. In General Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 46-1. Means of egress Subsec. (f) Penalties Any exit access, exit, or exit discharge, with the exception of a locked $100.00 first offense exit door, found to be in violation of this section $200.00 second or subsequent offense Any required exit door found to be locked against egress $100.00 each locked exit first offense, $200.00 subsequent offense Sec. 46-3. Impairment of fire protection equipment Subsec. (f) Fines $100.00 per device, first offense; $200.00 per device, second and subsequent offenses Sec. 46-7. Preventable and malfunctioning alarms to the fire company Subsec. (a)(1) Responsibility for malfunctioning and preventable alarms, Should the person owner response, and corrective action; generally notified fail to appear at said premises within 30 minutes after being notified to do so, the city may charge the owner of the premises a fine of $100.00 Subsec. (a)(2) Responsibility for malfunctioning and preventable alarms, Failure to return owner response, and corrective action; malfunction documentation of service/repair within the period of time stated on the notice of violation, which is satisfactory to the fire marshal, will result in assessment against the Page 152

Proposed Ordinance #2022-10 - Unpaid Fines Page 8 Item #32. owner of a fine of $100.00 for the fire alarm malfunction Subsec. (b)(1) Fine charges; multiple fire alarm malfunctions or preventable alarms; amount of fine Number of preventable or malfunctioning fire alarms Fine per preventable or malfunctioning fire alarm Third alarm $100.00 Fourth alarm $200.00 Fifth alarm $250.00 All over fifth alarm, each alarm $250.00 Subsec. (b)(2) Fine charges; multiple fire alarm malfunctions or A $50.00 fine may be preventable alarms; panel reset assessed to the owner of a premises where the fire alarm has been reset before the fire department or assisting fire department arrives. $100.00 for second and subsequent offenses Sec. 46-8. Maintaining a known violation or hazard Subsec. (c)(1) Penalties; Any fines issued for violation of this section Not less than $25.00, nor more than $1,000.00 Article II. Fire Department Sec. 46-44 Failure to answer alarms, orders and perform duties orderly; Fine of not less than Penalties $25.00, nor more than $1,000.00 or by suspension from the fire department or both Article III. Fire Codes Fees established in subsection (b) of this section shall be doubled in the event that a permit is applied for after construction has commenced without the permission of the fire marshal. The fire marshal shall waive the doubling of fees in cases where the permit applicant is not a professional contractor and the work is not being done by a professional contractor. Sec. 46-126. Fire prevention permit Subsec. (b) Fee; each applicant $25.00 for each $1,000.00 of costs or multiple thereof of the fire protection system; Page 153

Proposed Ordinance #2022-10 - Unpaid Fines Page 9 Item #32. provided that a minimum fee for each permit shall be $150.00 Subsec. (c) Reinspection First reinspection No charge Second reinspection $100.00 Third reinspection $200.00 Any subsequent reinspection $250.00 Subsec. (d) Fire signaling system inspection fee Certificate of inspection $25.00 each fire alarm system Exception: Apartment or other multifamily dwelling—Five or less $25.00 each fire alarm buildings per complex system Exception: Apartment or other multifamily dwelling—More than five $15.00 each fire alarm buildings per complex system up to a maximum of 20 buildings. Maximum fee per complex not to exceed $300.00 for fire alarm systems Subsec. (e) Fire suppression system inspection fee Certificate of inspection $25.00 each fire suppression system Exception: Apartment or other multifamily dwelling—Five or less $25.00 each fire buildings per complex suppression system Exception: Apartment or other multifamily dwelling—More than five $15.00 each fire buildings per complex suppression system up to a maximum of 20 buildings. Maximum fee per complex not to exceed $300.00 for fire suppression systems Sec. 46-127 Smoke detection devices Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Subsec. (g) Violations; penalties Revocation of any existing license to do business in the city, or a fine of not more than $150.00 per violation, or both such penalties Article IV. Public Occupancies Page 154

Proposed Ordinance #2022-10 - Unpaid Fines Page 10 Item #32. Sec. 46-164. Fees Assembly No charge for an occupant load less than 75; $100.00 for an occupant load of 75 or greater Assembly—Fixed Seating $100.00 for first 200 seats and $10.00 each additional 50 seats Educational $100.00 Day Care $50.00 for Day Cares as defined by Appendix B - Zoning, Article 5, Sections 14.22, 14.23 and 22.1; $100.00 for other day cares Health Care $100.00 first 25 rooms and $5.00 for each additional room Ambulatory Health Care $100.00 Residential $100.00 per building Residential Board and Care $100.00 Mercantile over 10,000 sq. ft. $100.00 Business over 10,000 sq. ft. $100.00 Industrial $100.00 Storage over 10,000 sq. ft. $100.00 Assembly special provisions 1 $25.00 Assembly special provisions 2 $100.00 Sec. 46-168. Reinspection fee Subsec. (a) Amount $25.00 for any repeated violation cited by the fire marshal, determined to be a violation and which requires a follow up inspection to confirm the correction of the violation Subsec. (b) Fee attached A fee may be attached to any summons written for any violation found to be Page 155

Proposed Ordinance #2022-10 - Unpaid Fines Page 11 Item #32. uncorrected upon reinspection Article V. Fire Lanes Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 46-202. Violations; penalties Subsec. (c) Other obstructions Any property owner or tenant found to be in violation; $50.00 Subsec. (d) Failure to mark Any property owner found to be in violation; $50.00 Sec. 46-205. Responsibility of owner or tenant Any property owner found to be in violation; $50.00 65 66 67 68 69 ADOPTED: * 70 S:\ClerksOffice\Ordinances\BLOCKS\Ordinance.wpd 71 72 73 SYNOPSIS 74 This ordinance allows unpaid fines and fees for fines issued under the property maintenance 75 code and certain unpaid fees under the fire code to be placed on the municipal lien docket as a lien against 76 the property on which the violation occurred. Currently only unpaid grass violation fees, rental fees, 77 dangerous building and vacant building fees are placed as liens on the property. As a result there is a high 78 level of compliance of payment of these fines. We currently have over a $1,000,000 in unpaid fines that 79 don’t become liens. Fines and violations are meant to be an incentive to keep in compliance with the Code. 80 81 (SPONSORS: *, *, *) 82 83 84 Actions History: 85 September 27, 2022 -Introduced at CCW, September 27, 2022 86 November 14, 2022 – First Reading at Council, November 14, 2022 87 November 28, 2022 – Second/Final Reading at Council, November 28, 2022 88 Page 156

FINAL READING Item #33. City of Dover CITY OF DOVER PROPOSED ORDINANCE #2022-14 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings, be amended by 5 inserting the text indicated in bold, blue, and deleting the text indicated in red strikeout as 6 follows: 7 8 DIVISION 1. GENERALLY 9 10 Sec. 22-331. Purpose; applicability; definitions; compliance. 11 . 12 (a) Purpose. The purpose and intent of this article is to ensure public health, safety and welfare 13 insofar as they are affected by the continued occupancy and maintenance of dwellings operated 14 for lease to the public. The health, safety and welfare of the occupants of the dwellings are of 15 the utmost importance to the city, as is the general community character in which these dwelling 16 units are located. 17 18 (b) Applicability. The provisions of this article shall apply to all matters affecting or relating to 19 rental dwellings. Where, in this article, different sections of this Code may specify different 20 requirements, the most restrictive shall govern. 21 22 (c) Definitions. The following words, terms and phrases, when used in this article, shall have the 23 meanings ascribed to them in this subsection, except where the context clearly indicates a 24 different meaning: 25 26 (1) Criminal activity is defined as any crime classified by applicable law as a (a) felony, 27 (b) Class A misdemeanor, or (c) any of the following offenses: any drug offense 28 defined by Title 16 of the Delaware Code, and the following misdemeanors in addition 29 to any Class A misdemeanor, as defined by Title 11 of the Delaware Code: § 601— 30 Offensive touching, § 602—Menacing, § 628—Vehicular assault 3, § 763—Sexual 31 harassment, § 764—Indecent exposure, § 811—Criminal mischief, § 812—Graffiti, § 32 820—Trespassing, § 821/2/3—Criminal trespassing, § 1105—Crime against a 33 vulnerable adult, § 1106—Unlawfully dealing with a child, § 1301—Disorderly 34 conduct, § 1313—Malicious interference with emergency communications, § 1315— 35 Public intoxication, § 1321—Loitering, § 1322—Criminal nuisance, § 1323— 36 Obstructing of public passage, § 1341—Lewdness, § 1342—Prostitution, § 1343— 37 Patronizing a prostitute, § 1445—Unlawfully dealing with a dangerous weapon, § 38 1446—Unlawfully dealing with a switchblade knife. 39 40 (2) Dwelling unit means a single unit providing complete independent living facilities Page 157

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 2 41 for one or more persons, including permanent provisions for living, sleeping, eating, 42 cooking and sanitation. 43 44 (3) Multiple-family dwellings means dwelling units operated as a group and located in 45 the same building. This shall include apartments, rooming houses, condominium 46 dwelling units, and accessory apartments located within structures principally used 47 for owner occupancy. 48 49 (4) Rental dwelling means a dwelling unit that is leased for occupancy to a person or 50 persons in exchange for monetary payment or provision of goods or services to the 51 owner of the dwelling unit. 52 53 (5) Single-family dwellings mean dwelling units operated singly and separated from 54 other units. In general, this definition shall apply to single-family detached 55 dwellings; mobile homes and manufactured homes; and attached units, including 56 duplexes and townhouses. 57 58 (d) Compliance required. No person shall operate, occupy or let to another for occupancy any 59 dwelling which is not in compliance with the International Property Maintenance Code 60 adopted in section 22-221 and all other applicable codes. 61 62 (Code 1981, § 10-86; Ord. of 4-10-2000; Ord. No. 2013-04, 4-8-2013; Ord. No. 2016-16 , 8-8-2016) 63 64 Sec. 22-332. - Inspection required. 65 66 (a) The code enforcement office, in accordance with the procedures set forth in the International 67 Property Maintenance Code adopted in section 22-221, shall inspect rental dwellings for 68 compliance with the property maintenance code and all other applicable codes to ensure 69 compliance. 70 71 (b) An inspection is required prior to the issuance of any new rental dwelling permit. 72 73 74 (b(c) Following an inspection, the code enforcement office shall issue a letter and/or report of any 75 code violations and provide a timeline for compliance. There shall be no fee for the first 76 follow-up inspection. Each subsequent reinspection shall be subject to a fee as provided for in 77 Appendix F—Fees and Fines. 78 (Code 1981, § 10-87; Ord. of 4-10-2000; Ord. of 4-14-2008; Ord. No. 2009-26, 12-14-2009; Ord. No. 79 2013-04, 4-8-2013) 80 Sec. 22-333. - Agent required. 81 (a) Property manager. Any owner of a rental dwelling, residing outside of the county, shall be 82 required to have a licensed property manager residing or having an office located in the 83 county., or a family member or other designated individual who does not manage any other 84 rental real estate for a fee and who resides in the county acting as a property manager. The 85 property manager, including family members and designated individuals, shall have charge, 86 care and control of the rental dwelling, and shall provide access to the rental dwelling for 87 inspection, upon request by the code official building inspector or city planner, within a Page 158

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 3 88 reasonable time. 89 (b) Corporate or partnership owners. Any corporation or partnership owning a rental dwelling 90 shall have a designated member, partner, or employee having charge, care, and control of the 91 rental dwelling. The designated member, partner or employee shall reside in or have an office 92 located in the county, or shall be required to have a licensed property manager residing or 93 having an office located in the county, or a family member or other designated individual who 94 does not manage any other rental real estate for a fee, and who resides in the county, acting as a 95 property manager. The property manager, family members or other designated individuals shall 96 have charge, care and control of the rental dwelling, and shall provide access to the rental 97 dwelling for inspection, upon request by code official the building inspector or city planner, 98 within a reasonable time. 99 (c) The lessee of the dwelling cannot be the agent for the dwelling they lease. 100 101 (Code 1981, § 10-88; Ord. of 4-10-2000; Ord. of 12-11-2000; Ord. of 4-14-2008; Ord. No. 2013-04, 4- 102 8-2013) 103 104 Sec. 22-334 Insurance required 105 106 (1) Any owner of a rental property shall have sufficient property insurance that covers the 107 amount to replace the estimated value of the improvements on the property and provide 108 protection for claims resulting from fire or other damages. 109 110 (2) Proof of insurance coverage shall be provided upon application for a new rental permit and 111 upon each annual renewal thereafter. 112 113 Secs. 22-3345—22-350. Reserved. 114 115 DIVISION 2. - PERMIT 116 117 Sec. 22-351. - Generally. 118 119 (a) Single-family dwellings. It shall be unlawful for any person to operate any single-family rental 120 dwelling without obtaining a permit from the licensing division of the department of planning 121 and inspections in order to determine compliance with the appropriate provisions of this article. 122 The permit shall expire annually on January 31. The fee for the annual permit shall be as 123 provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling permits issued 124 after January 31st will be prorated from the date the permit is issued until the next January 31st. 125 126 (b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple dwelling 127 without first obtaining an annual permit therefor from the licensing division of the department 128 of planning and inspections in order to determine compliance with the appropriate provisions 129 of this article. The permit shall expire annually on January 31, and the fee for the annual permit 130 shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling 131 permits issued after January 31st will be prorated from the date the permit is issued until the 132 next January 31st. 133 Page 159

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 4 134 (c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the date 135 due, then the permittee shall incur a penalty fee as provided for in Appendix F—Fees and Fines 136 until the same is paid. 137 138 (d) Reinstatement fee. An owner whose permit has been suspended in accordance with section 22- 139 352 shall pay a reinstatement fee as provided for in Appendix F—Fees and Fines. 140 141 (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the date a 142 notice thereof is mailed to the owner, then such fees shall be entered in the municipal lien docket 143 as a lien owing the city; and the same may be turned over to the city solicitor for collection. 144 145 (f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive any new city 146 utilities until the permit fee required in this section is paid in full and city personnel shall refuse 147 to provide sewage, water and electricity to the property until satisfactory proof is furnished that 148 such permit fee has been paid. 149 (Code 1981, § 10-96; Ord. of 4-10-2000; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-04, 4-8-2013) 150 151 Sec. 22-352. - Suspension. 152 (a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the 153 permit paid for, pursuant to this division, when: 154 155 (1) The building inspector determines that any dwelling or the premises surrounding 156 the dwelling fails to meet the requirements of this chapter or any rule or 157 regulation issued pursuant thereto. 158 159 (2) The failure of the property owner or property manager to initiate and prosecute in 160 good faith eviction proceedings following notification by the city that the terms of 161 the safe communities lease addendum have been violated; or 162 163 (3) The failure of the property owner or property manager to attend a safe 164 communities seminar when required by section 22-371(b). 165 166 Suspension shall last until the violations have been corrected to the satisfaction of the building 167 inspector, or the suspension shall have been reversed. 168 169 (b) Notice of violations. Upon suspending any permit under this section or withholding the permit 170 paid for, the building inspector shall notify the owner of the violations of the applicable code 171 and shall prescribe a period in which the violation shall be corrected. 172 173 (d) Appeal. Any owner or operator of any dwelling, whose permit to operate the structure is 174 suspended by the building inspector pursuant to the procedures of this section, shall have the 175 right to appeal and notice as provided in section 22-225. 176 (e) Effect of appeal. Upon suspension of a permit, or withholding of a permit ordered by the 177 building inspector and upon the permittee serving the city clerk with a notice of appeal 178 pursuant to section 22-225, the permit suspension shall be stayed and an existing permit shall 179 remain in force until the appeal is decided. 180 (Code 1981, § 10-97; Ord. of 4-10-2000; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04, 4-8-2013) Page 160

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 5 181 182 Secs. 22-353—22-355. - Reserved. 183 184 DIVISION 3. - SHORT TERM RENTAL USE[5] 185 186 Footnotes: 187 --- (5) --- 188 Editor's note— Ord. No. 2020-05 , adopted January 11, 2021, renumbered div. 3 as div. 4. 189 190 Sec. 22-356. - Purpose; applicability; definitions; compliance. 191 192 (a) Purpose. The City of Dover wishes to permit the limited and temporary rental use of one family 193 dwellings (residences) in established areas of the city as an economic asset, allowing for increased 194 travel, visitation and tourism and affording property owners of the opportunity to earn revenue 195 from such occupancy, while ensuring that such uses do not become a nuisance, that neighborhood 196 character is not compromised, and that such businesses are properly operated and maintained. 197 The purpose of this division shall be to minimize public safety risks and public nuisances, such 198 as noise, trash and parking problems; to ensure that traditional neighborhoods are not turned into 199 tourist areas to the detriment of long-term residents; and to ensure that individual dwellings are 200 not turned into pseudo hotels or party houses. 201 202 (b) Applicability. A short term rental use (STRU) shall be allowed in any one family dwelling as 203 defined in Appendix B—Zoning, Article 12—Definitions of the zoning ordinance wherever such 204 are allowed by right and do not require a variance or conditional use approval. 205 206 (c) Definitions. The following words, terms and phrases, when used in this article, shall have the 207 meanings ascribed to them in this section, except where the context clearly indicates a different 208 meaning: 209 210 Good neighbor brochure means a document provided by the owner to the guest or guests and 211 containing: the name and telephone number for the owner; notification on standards of behavior 212 and occupancy relating to parking, noise, trash collection, waste disposal, street maintenance, 213 snow removal, and public safety services and including contact and web access information; and 214 such other information as the city may from time to time prescribe. 215 216 Guest or guests means the individual or individuals securing the short term rental use for the 217 purposes of staying overnight. 218 219 Owner means the person or persons holding legal or equitable title to the property being offered 220 as a short-term rental use. 221 222 Short term rental use (STRU) means rental of all or a part of a residential one family dwelling 223 unit which is made available by agreement for a residential occupancy by a tenant in exchange 224 for compensation for a duration of a temporary occupancy of less than 30 days. Rentals of 30 225 days or more shall comply with the provisions of divisions 1 and 2 of this chapter. Lodging houses 226 as defined in article IX, section 22-281 are is not included as short term rental uses under this 227 division. Page 161

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 6 228 229 (d) Compliance. No person shall operate, offer for occupancy or let to another for occupancy as a 230 short-term rental use any dwelling which is not in compliance with this article or any other 231 applicable codes. 232 (Ord. No. 2020-05 , 1-11-2021) 233 234 Sec. 22-357. - Registration and inspection requirements; inspection required for life safety and 235 building purposes; short-term rental use license required. 236 237 (a) The owner of any dwelling proposed for a short-term rental use must obtain an annual short term 238 rental use license. 239 240 (b) An inspection by the city code enforcement office shall be required to determine compliance 241 with property maintenance and all other applicable codes. Any items in non-compliance shall be 242 remedied before a license is granted. The inspection shall be required the first time a license is 243 issued and may be required at renewal at the discretion of the code enforcement office. The rental 244 license must be kept current during anytime the dwelling is offered as a short-term rental 245 246 (c) The license shall be valid for up to one year and must be renewed no later than January 31 of 247 each year of continued operation. 248 249 (d) The short-term rental use license must be clearly displayed inside the dwelling along with any 250 state licenses or permits. 251 252 (e) The short-term rental use license may not be transferred to any party except heirs and assigns 253 and shall be void upon transfer of ownership of the property where the short-term rental use is 254 located. 255 (Ord. No. 2020-05 , 1-11-2021) 256 257 Sec. 22-358. - Owner obligations. 258 An owner of a dwelling seeking to use a property as a short-term rental use shall comply with the following 259 obligations: 260 (1) The owner of the property being offered as a short-term rental use must be a resident of the city. 261 Determination of residency shall be based on meeting city voting residency eligibility. Such 262 owner may offer for short term rental use only that property which is the owner's primary 263 residence. 264 265 (2) A property not owned by a resident of the city shall not be used as a short-term rental use. Such 266 property shall not be used for overnight accommodations unless such property qualifies as a bed 267 and breakfast inn pursuant to Dover Code, Appendix B—Zoning, Article 3—District 268 Regulations. 269 270 (3) A good neighbor brochure must be provided in the dwelling listing city provisions as required. 271 (Ord. No. 2020-05 , 1-11-2021) 272 Sec. 22-359. - Limitations on occupancy and use. 273 274 (a) The number of guests 12 years and older permitted at any time shall not exceed twice the Page 162

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 7 275 number of bedrooms (i.e. three bedrooms × two = six occupants), with a maximum of 12 276 individual occupants of all ages at any one time regardless of the number of bedrooms available. 277 278 (b) No more than one extra vehicle per bedroom shall be allowed, not to exceed six extra in total; 279 all parking shall comply with all requirements relating to street maintenance, fire access, 280 parking on paved surfaces, trash collection, obstacles to travel, or other requirements. Violations 281 shall be ticketed offenses. 282 283 (c) Signage identifying the short term rental use, if desired, shall be limited to one sign, mounted 284 on the dwelling, not illuminated, and not to exceed one square feet in size overall. A sign permit 285 must be obtained for any desired sign. 286 287 (d) Access to a full bath must be provided. 288 289 (e) Guests shall be prohibited from further subletting the dwelling. 290 291 (f) Weddings, graduation parties, corporate events, commercial functions, large gatherings, or 292 other special events associated with the STRU shall be prohibited unless a city special event 293 permit shall have been granted for a specific activity and date. 294 295 (g) The owner has the responsibility to not knowingly allow any illegal or criminal activity on the 296 property nor permit the guests to create a public nuisance including, but not limited to, creating 297 noise, causing odors, permitting an unsafe condition, maintaining a disorderly premise, 298 generation of trash, or other behavior which unreasonably disturbs the peace, safety and 299 general welfare of the neighborhood as provided in this chapter and pursuant to Chapter 70— 300 Offenses and Miscellaneous Provisions, Section 70-8—Disorderly Premises and Chapter 42— 301 Environment, Section 42-2—Noise of the Dover Code of Ordinances. 302 (Ord. No. 2020-05 , 1-11-2021) 303 304 Sec. 22-360. - Enforcement, fees and penalties, reporting. 305 (a) Short term rental license. Payment of a short term rental use license fee as set forth in Appendix 306 F—Fees and Fines is required annually beginning January 31 of each year; the fee will be 307 prorated for a partial year. 308 309 (b) Failure to register and obtain a license. Penalties fines for failure to register and obtain a 310 license shall be as set forth in Appendix F—Fees and Fines. 311 312 (c) Penalties for violations. Penalties for violations of Division 3, Short Term Rental Use, shall be 313 as set forth in Appendix F—Fees and Fines. 314 315 (d) A dwelling cited three times by the Code official or by any city department as a nuisance or 316 the location of illegal or criminal activity within any consecutive 12-month period shall have 317 its short-term rental use license suspended for not less than the rest of the license year or a 318 longer period up to permanently. 319 (e) The owner shall voluntarily report to the city annually documenting the occupancy and 320 frequency of rentals obtained, such report to be completed by January 31 of the following year 321 as part of the license renewal and for the purposes of building a database of STRU activity and Page 163

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 8 322 economic impact, not for enforcement or tax purposes. 323 (Ord. No. 2020-05 , 1-11-2021) 324 325 Sec. 22-361. - Enforcement, notice and appeals. 326 327 Enforcement of violations of this division shall be as set forth in Chapter 22—Buildings and Building 328 Regulations, Chapter 42—Environment, and Chapter 70—Offenses and Miscellaneous Provisions of the 329 Code of Ordinances. 330 (Ord. No. 2020-05 , 1-11-2021) 331 332 Secs. 22-362—22-369 - Reserved. 333 334 DIVISION 4. - SAFE COMMUNITIES[6] 335 336 Sec. 22-370. - Criminal activity. 337 338 Tenants of rental dwellings, any member of the tenant's household, any guest or other person under the 339 tenant's control shall not engage in criminal activity on or within 500 feet of the lot on which the rental 340 dwelling resides. 341 (Ord. No. 2013-04, 4-8-2013) 342 343 Sec. 22-371. - Safe communities seminar. 344 (a) The City of Dover police department shall offer a safe communities seminar a minimum of 345 two times each calendar year. The seminar shall be voluntary, except in the following 346 circumstances: 347 348 (1) When a rental dwelling permit has been suspended in accordance with section 22-352, 349 the property owner or manager shall attend the seminar prior to reinstatement of the 350 suspended rental dwelling permit; or 351 352 (2) When a rental dwelling has been the subject of response by the police department on 353 three or more occasions within a six month period, due to occasions where the tenant, 354 any member of the tenant's family, or any guest or other person under the tenant's 355 control have engaged in criminal activity, the property owner or managers shall attend 356 the seminar. 357 358 (b) Upon notification by the chief of police that the safe communities seminar is required in 359 accordance with subsection (2) above, the department of planning and inspections shall 360 notify the property owner and/or property manager that he is required to attend the next 361 scheduled safe communities seminar. Such notice shall be sent by U.S. Mail, evidenced by 362 Certificate of Mailing to the property owner and property manager if a property manager is 363 on record with the department of planning and inspections. 364 (Ord. No. 2013-04, 4-8-2013) 365 366 367 368 Sec. 22-372. - Safe communities lease addendum. Page 164

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 9 369 (a) All residential leases shall include a safe communities lease addendum, signed by the 370 property owner and tenant, in the following form: 371 372 In addition to all other terms of the lease, landlord and tenant agree as follows: 373 374 (1) The tenant, any member of the tenant's household, any guest or any other person under 375 the tenant's control on or within 500 feet of the leased premises: 376 377 i. Shall not engage in criminal activity, including drug-related criminal activity, on 378 or within 500 feet of the leased premises. "Drug-related criminal activity" means 379 the illegal manufacture, sale, distribution, use, or possession of any illegal or 380 controlled substance defined by 16 Del. C. Ch. 47. 381 382 ii. Shall not engage in any act intended to facilitate criminal activity. 383 384 iii. Shall not permit the dwelling unit to be used for or to facilitate any criminal 385 activity. 386 387 (2) Any activity prohibited by the safe communities lease addendum shall constitute a 388 substantial violation of the lease, material noncompliance with the lease, and grounds for 389 termination of tenancy and eviction. 390 391 (b) The department of planning and inspections shall provide the safe communities lease 392 addendum. 393 394 (c) An executed copy of the safe communities lease addendum shall be required for all rental 395 dwellings in the City of Dover prior to establishment of a utility account for the premises. 396 (Ord. No. 2013-04, 4-8-2013) 397 398 Sec. 22-373. - Eviction required. 399 400 (a) If the tenant, any member of the tenant's household, any guest or other person under tenant's 401 control engages in criminal activity as defined by section 22-331(c)(1) and Chapter 22, 402 Buildings and Building Regulations, of the Dover Code on three or more occasions within a 403 12-month period, the chief of police shall notify the department of planning and inspections 404 to initiate the safe communities lease termination notice procedure directing the property 405 owner or property manager to terminate the tenancy in accordance with subsection (b). 406 407 (b) Upon notification by the chief of police that termination of tenancy is required in accordance 408 with subsection (a), the department of planning and inspections shall notify the property 409 owner and property manager that they have 30 days to initiate the eviction or otherwise 410 terminate the tenancy. Such notice shall be sent by U.S. Mail, evidenced by Certificate of 411 Mailing, to the property owner and property manager if a property manager is on record with 412 the department of planning and inspections. 413 (Ord. No. 2013-04, 4-8-2013) 414 • Secs. 22-374—22-380. - Reserved. 415 Page 165

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 10 416 BE IT FURTHER ORDAINED: 417 418 That Appendix F Fees and Fines, Chapter 22 Buildings and Building Regulations be amended by inserting 419 the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 420 421 APPENDIX F – FEES AND FINES 422 Chapter 22. Buildings and Building Regulations Chapter 22. Buildings and Building Regulations Fees and Fines Article III. Building Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-61. Adopted (International Building Code) Sec. 105.5.1. Expiration; Additional 180-day extensions may be granted $25.00 per 180-day with payment of a renewal fee extension Sec. 113.4. Violation penalties; Each day that a violation continues shall Fine of not less than be deemed a separate offense $100.00 or more than $10,000.00 Sec. 114.3. Unlawful continuance First offense $100.00 Second offense $250.00 Third offense $500.00 Fourth and subsequent offenses No less than $1,000.00 and no more than $10,000.00 Sec. 22-65. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Building permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs, $6.00 for each additional $1,000.00 of costs or multiple thereof up to $20,000,000.00, and $5.00 for each additional $1,000.00 of Page 166

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 11 costs or multiple thereof above $20,000,000.00 Subsec. (a) Fence permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Sign permits $0.75 per square foot of sign area; minimum fee for each permit $50.00 Subsec. (a) Swimming pool permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Demolition permits, any building which is being demolished $50.00; $0.00 if for the purpose of vacating the land for future development or condemned and construction upon the same required to be demolished by the city or any public entity Subsec. (a) Moving permits, each building $250.00 Subsec. (a) Construction plan reviews, nonresidential (Not subject to $20.00 per set of plans doubling) Subsec. (b) Reinspections (Not subject to doubling) First reinspection $0.00 Second reinspection $25.00 Third reinspection $50.00 Any subsequent reinspection $100.00 Article IV. Electrical Installations Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-110. Violations Not less than $25.00 or more than $1,000.00 Article V. Mechanical Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-145. Heating, air conditioning, and heat pump permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. Page 167

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 12 Subsec. (a) Heating permit $40.00 first 10,000 BTUs and $7.00 each additional 10,000 BTUs or multiple thereof Subsec. (a) Air conditioning permit $40.00 per ton for the first five tons and $7.00 per ton over five tons or multiple thereof Subsec. (a) Heat pump permit $40.00 first 10,000 BTUs and $7.00 for each additional 10,000 BTUs or multiple thereof or $40.00 per ton for the first five tons and $7.00 per ton over five tons or multiples thereof Article VI. Plumbing Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-185. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Enumerated Fixtures $35.00 first five fixtures and $3.00 for each additional fixture Garbage disposal and hot water heaters A minimum fee of $35.00 Gas, water and sewer inspection underground $30.00 for first 150 feet and $0.75 for each additional ten feet or multiple thereof Article VIII. Leases Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Page 168

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 13 Sec. 22-251. Unlawful leases Subsec. (g) Violations; penalties First offense $50.00 $100.00 Each subsequent offense $100.00 Not less than $100.00 or more than $1,000.00 Article IX. Lodging Houses Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-301. Generally Subsec. (b) Expiration; fee Annual permit fee $50.00 $100.00 for the first ten rooms and $5.00 $10.00 for each additional room. Annual dormitory permit fee $50.00 $100.00 for the first ten rooms and $2.50 $10.00 for each room thereafter. Subsec. (c) Failure to pay on due date A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Article X. Rental Dwellings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-332. Inspection required Page 169

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 14 Subsec. (b) Reinspection fee (Not subject to doubling) First follow-up inspection $0.00 Each subsequent reinspection, per inspection $50.00 $100.00 If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten percent per month of the amount of the license fee until the same is paid. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-334 Insurance Required Subsec. (c) Violations; penalties Not less than $25.00, nor more than $1,000.00 Sec. 22-351. Generally Subsec. (a) Single-family dwellings, annual permit Single-family detached dwelling, each dwelling $100.00 $200.00 Single-family attached dwelling, each dwelling $80.00 $200.00 Subsec. (b) Multiple-family dwellings, annual permit Multiple dwellings consisting of three or less dwelling units $100.00 $200.00 Multiple dwellings consisting of four or more dwelling units: For the first three dwelling units $100.00 $200.00 For each additional dwelling unit in excess of three $35.00 $50.00 Condominium units and accessory apartments located within $35.00 $75.00 structures principally used for owner occupancy, each Subsec. (c) Late payment penalty A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Sec. 22-360. Enforcement, Fees and Penalties, Reporting Subsec. (a) Short term rental license $100.00 $200.00 annually, prorated for partial year Subsec. (b) Failure to register and obtain a license $100.00 Not less than $100.00 or more than $1,000.00 (not prorated) in addition to license Subsec. (c) Penalties for violations $100.00 Not less than $100.00 or more than $1,000.00 per offense Article XI. Dangerous Buildings Page 170

Proposed Ordinance #2022-14 Chapter 22- Buildings and Building Regulations, Article X.- Rental Item #33. Dwellings Page 15 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-386. Violations; penalties for disregarding notices or orders Subsec. (a) Violations by owner, each offense, minimum $100.00 Subsec. (b) Violations by occupant or lessee, each offense, minimum $100.00 Subsec. (c) Removal of notice, each offense, not to exceed minimum $100.00 Article XII. Vacant Buildings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-403. Registration and registration fees Subsec. (a)(2)b.(ii). Registration fee Residential buildings and non-residential buildings <10,000 SF: Buildings vacant one year or less $375.00 Buildings vacant for more than one year but less than two years $750.00 Buildings vacant for more than two years but less than three years $1,500.00 Buildings vacant for more than three years but less than five years $3,000.00 Buildings vacant for five years or longer $5,000.00 423 424 425 426 ADOPTED: * 427 S:\ClerksOffice\Ordinances\BLOCKS\Ordinance.wpd 428 429 430 SYNOPSIS 431 432 433 434 This ordinance clarifies that an inspection is required in order to renew a rental license and raises the fees 435 for rental permits which are more in line with what Newark (which has a high number of rentals given the 436 student population) charges but is below the total amount of what Lewes and Rehoboth charge as well as 437 helping to defray rising costs for inspections. This ordinance also requires that property owners who rent 438 out properties have property insurance and allows unpaid fines related to rentals to become a lien 439 on the property. 440 (SPONSORS: BOGGERTY AND HUGG) 441 442 443 Actions History: 444 September 27, 2022 - Introduced at Legislative, Finance, and Administration Committee 445 November 14, 2022 – First Reading, Council meeting, November 14, 2022 446 November 28, 2022 – Second/Final Reading, Council meeting Page 171