Ir al contenido principal
AskDover

Esta página fue traducida por inteligencia artificial. No la ha revisado ninguna persona y puede contener errores. Ver la versión en inglés

Regular Council Packet - REVISED

City Council Meetings. 12 de diciembre de 2022.

Abrir el PDF

Este texto se extrajo de el PDF de forma automática y puede contener errores. El PDF es el registro oficial, así que consúltelo antes de confiar en esto.

11 páginas tienen poco o ningún texto legible aquí, a menudo por ser escaneos o dibujos. Para verlas, consulte el PDF.

Página 1

CITY OF DOVER, DELAWARE REGULAR CITY COUNCIL MEETING Monday, December 12, 2022, at 6:30 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA THIS AGENDA AND PACKET HAVE BEEN REVISED TO INCLUDE SUPPORTING DOCUMENTS FOR ITEM #6 - COUNCIL COMMITTEE OF THE WHOLE REPORT OF NOVEMBER 29, 2022 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/hhbfi4 Event number: 2530 523 9987 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 - Council President Sudler ADOPTION OF AGENDA Page 1

Página 2

REGULAR CITY COUNCIL MEETING - December 12, 2022 PAGE 2 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. PRESENTATIONS 1. General Federation of Women's Club Delaware - 125-Year Anniversary Trish Rodriguez 2. Proposed Resolution No.2022-11: Presentation - City of Dover Bronze Medal - Daniel Harmon PUBLIC HEARING FINAL READING 3. Annexation/Rezoning of Property Lands of Ditko Properties, LLC at 1107 S. Bradford Street A. Public Hearing - Zoning Classification Property located at 1107 S. Bradford Street, consisting of 11,248.2 s.f. (0.2582 +/- acres), owned by Ditko Properties, LLC. This property is currently zoned RM (Multifamily Residential District)(Kent County Zoning Classification) and the proposed zoning is C-2A (Limited Central Commercial Zone)(City of Dover Zoning Classification) (Tax Parcel: ED-00- 077.17.01-12.00-000; Planning Reference: AX-22-02 B. Adoption of Annexation Resolution No. 2022-10 C. Final Reading/Adoption of Rezoning Ordinance #2022-19 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of October 10, 2022. The ordinance is available at the entrance of the Council Chambers and on the City's website at www.cityofdover.com under "Government." (1) An Ordinance Amending the Zoning Ordinance and Zoning Map of the City of Dover by Changing the Zoning Designation of Property Located at 1107 S. Bradford Street. CONSENT AGENDA ADOPTION OF MINUTES 4. Regular City Council Meeting of November 28, 2022 COMMITTEE REPORTS 5. Council Committee of the Whole Report of November 29, 2022 Safety Advisory and Transportation Committee Page 2

Página 3

REGULAR CITY COUNCIL MEETING - December 12, 2022 PAGE 3 6. Proposed Ordinance #2022-26 - Amending Chapter 70 by adding a Section 70-12, Loitering (Staff recommendation: approve the Ordinance for First Reading at the December 12, 2022, Regular City Council Meeting) Utility Committee 7. Annexation Request - Consideration of Utility Services for Lands of Craig, Keller, and Burkett: Three parcels on West Denneys Road (AX-22-03): Parcel A: The parcel consists of 27.5834 +/- acres located on the north side of West Denneys Road and west of Carlisle Drive. The owners are George L. Craig Jr. and Deborah J. Craig. Property Address: 57 Rocky Road. Tax Parcel: ED-00-056.00-01-40.00-000. The property is currently zoned AR (Agricultural Residential District) in Kent County. The proposed Zoning is RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). Parcel B: The parcel consists of 10.5661 +/- acres located on the north side of West Denneys Road and west of Carlisle Drive. The owners are Robert G. Keller and Gloria K. Keller. Property Address: 4085 W. Denneys Road. Tax Parcel: ED-00-056.00-01-41.00-000. The property is currently zoned RM (Multifamily Residential District) in Kent County. The proposed Zoning is RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). Parcel C: The parcel consists of 1.9662 +/- acres located on the north side of West Denneys Road and west of Carlisle Drive. The owner is Bruce A. Burkett. Property Address: unaddressed parcel on W Denneys Road. Tax Parcel: ED-00-056.00-01-42.00-000. The property is currently zoned AR (Agricultural Residential District). The proposed Zoning is RM-2 (Medium Density Residence Zone). (Planning Reference: Annexation Application AX-22-03 A, B, and C; First Council District). Legislative, Finance, and Administration Committee 8. Update from the Dover Organization of Employees (DOE) on Membership Priorities (Matthew Brown, President of DOE Union) (Committee Action Not Required) 9. Approval of Grant Funded Sole Source Vendor – Flock Safety – Vehicle Identification System Cameras (Chief Thomas Johnson, Dover Police Department) (Staff recommendation: approve the sole vendor request - Flock Safety) 10. Discussion Timing and Content of Financial Reports (Councilman David Anderson) 11. Report on Wage Study (Sharon Duca, Assistant City Manager) (Staff recommendation: Move forward with planning for implementation including finding funding.) Page 3

Página 4

REGULAR CITY COUNCIL MEETING - December 12, 2022 PAGE 4 12. 911 Supervisor Position (Naomi Poole, Human Resources Director) (Committee action needs to be taken on the new position, job description, and salary range) 13. Fraternal Order of Police (FOP) Memorandum of Understanding (MOU) (Naomi Poole, Human Resources Director) (Committee action needs to be taken on items #1 and #2 of the FOP MOU, and the wage scale implementation originally approved on July 12, 2022, for $239,68.63 now estimated to cost (awaiting additional financial information)) MONTHLY REPORTS - October 2022 14. City Assessor's Report 15. City Council’s Community Enhancement Fund Report 16. City Manager’s Report 17. City Planner's Report 18. Controller/Treasurer's Budget Report 19. Fire Chief's Report 20. Police Chief's Report ITEMS NOT ON THE CONSENT AGENDA 21. Mayor Robin R. Christiansen Veto - 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 FINAL READING - The First Reading of Proposed Ordinance #2022-22, Proposed Ordinance #2022-23, and Proposed Ordinance #2022-24 were accomplished during the Council meeting of NOVEMBER 28, 2022. The ordinances are available at the entrance of the Council Chambers and on the City's website at www.cityofdover.com under "Government." 22. Proposed Ordinance #2022-22 Amending Chapter 2. - Administration, Article V - Finance (Tax Increment Financing) 23. Proposed Ordinance #2022-23 Amending Chapter 2. Administration - Article IV. Officers and Employees - Division 4. Controller/Treasurer Page 4

Página 5

REGULAR CITY COUNCIL MEETING - December 12, 2022 PAGE 5 24. Proposed Ordinance #2022-24 - Amending Chapter 2. Administration - Article IV. Officers and Employees - Division 5. City Clerk 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 5

Página 6

Item #1. CERTIFICATE OF CONGRATULATIONS presented to General Federation of Women's Club Delaware In celebration of its 125th Anniversary The City of Dover sends its gratitude and appreciation for the hard work and dedication that the General Federation of Women 's Club Delaware has provided to the community. General Federation of Women's Clubs Delaware is a lOOO-member strong volunteer community service organization with 22 clubs in Delaware communities and a member state organization of the General Federation of Women's Club. Their mission is to enhance the lives of others through volunteer service. The City of Dover congratulates the General Federation of Women's Clubs Delaware on its 12Sth Anniversary December 12, 2022 ROBIN R. CHRISTIANSEN ROY SUDLER, JR. MAYOR COUNCIL PRESIDENT Page 6

Página 7

Item #2. COUNCIL RESOLUTION NO. 2022-11 WHEREAS, on August 9, 2022, Mr. Daniel Harmon was travelingsouth on StateStreetwhen he observed a vehiclegoing at a slow rate of speed At that time, the operator of the vehicle ran off the road, hittinga tree and coming to a stop; and WHEREAS, Mr. Harmon proceeded to contact System Operations via the radio, requesting an ambulance and the police. Mr. Harmon got out of his truck and ran over to the subject's vehicle. Councilman Taylor also observed what had occurred and came down the street to assist; and WHEREAS, Mr. Harmon tried to get into the subject's vehicle, but the doors were locked Mr. Harmon ran back to his work truck and retrieved a hammer to break thepassenger side window. After entering the vehicle, Councilman Taylor spoke to 911, informing them of what was happening while Mr. Harmon put the car in park and shut it off They stayed with the vehicle's operator until police and medical assistance arrived on the scene. WHEREAS, the Mayor and Co un c i I recognize that the swift actions of Mr. Daniel Harmon, while incurring injury to himself, deserves special recognition. NOW, THEREFORE, BE IT RESOL VED that the Mayor and Council award Mr. Daniel Harmon the City of Dover Bronze Medal in recognition of his selfless actions and direct the City Clerk to make this resolution a part of the permanent records of the City of Dover. ADOPTED: DECEMBER 12, 2022 ROBINR.CHRISTIANSEN ROY SUDLER, JR. MAYOR COUNCIL PRESIDENT Page 7

Página 8

Item #3. PETITION TO ANNEX AND REZONE PROPERTY Public Hearing Before the City Council on December 12, 2022 Recommendation from the Planning Commission Meeting of November 21, 2022 With Staff and Development Advisory Committee Review File Number: AX-22-02 Ordinance Number: 2022-19 Applicants: Ditko Properties, LLC Owner of Record: Ditko Properties, LLC Property Address: 1107 S. Bradford Street, Dover DE Tax Parcel ID #: ED-00-077.17-01-12.00-000 Lot Size: 0.2582 acres (11,248.2 SF) Present Zoning: RM (Mulitfamily Residential District) Proposed Zoning: C-2A (Limited Central Commercial Zone) 2019 Comprehensive Category 1: High Priority Annexation Areas Plan Designation: 2019 Comprehensive Commercial - Low Intensity Plan Land Use Category: Present Use: Residential Proposed Use: Commercial (Redevelopment for Office) Utility Availability – Electric: 1107 S. Bradford Street is currently served by City of Electric: Dover Electric. With any future redevelopment of the property, the electric service needs will be evaluated. The property owner will be responsible for any and all costs associated with the changes of electrical service needs related to the future redevelopment including extending and providing service upgrades to the proposed property. Page 8

Página 9

Item #3. AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street Planning Commission Recommendation Report of November 21, 2022 Page 2 of 9 Utility Availability - Water and Sanitary Sewer: 1107 S. Bradford Street is currently Water & Wastewater: served by City of Dover Water. 1107 S. Bradford Street is not served by Sanitary Sewer. The nearest sanitary sewer is located to the southeast on an adjacent parcel. The property owner is responsible for obtaining access to this utility and is financially responsible for any and all costs with connection. The property owner is responsible for any and all costs associated with changes to service needs for property related its future redevelopment including extending and providing service upgrades to the proposed property. This may include tapping the sanitary sewer and water mains, connection to the building for both utilities, purchasing appropriately sized water meter and pit, paying impact fees, and obtaining permits. Staff Recommendation The Electric Department has no objection to the annexation. for Utility Services for AX-22-02: The Department of Water and Wastewater has no objection to the annexation. Planning Commission The Applicant has expressed interest in annexing the property at Recommendation: 1107 S. Bradford Street into the City as they wish to connect to City Sewer for future redevelopment. The Application was represented by Dr. Nicholas Alcorn on behalf of Ditko Properties, LLC. A Public Hearing was held by the Planning Commission on November 21, 2022 where no members of the public spoke, and no written comments were received. The Planning Commission’s motion was to recommend approval for Annexation & Rezoning application AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street with the proposed C-2A zoning (Limited Central Commercial Zone) and resulted in vote of 8-0 in favor and no votes in opposition (one member absent). AX-22-02 Annexation of Lands of Ditko Properties, LLC at 1107 S. Bradford Street This Annexation and Rezoning Application was referred to the Planning Commission as per Zoning Ordinance, Article 10 §5. The Planning Commission is required to provide a Review Report to City Council. I. APPLICATION SUMMARY This application is for the Annexation and Rezoning of a parcel of land totaling11,248.2 SF (0.2581 +/- acres) located at 1107 S. Bradford Street, Dover. The property is currently zoned RM (Multifamily Residential District) in Kent County. The proposed zoning is C-2A (Limited Page 9

Página 10

Item #3. AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street Planning Commission Recommendation Report of November 21, 2022 Page 3 of 9 Central Commercial Zone). The Property is located on the east side of S. Bradford Street approximately 135.37 feet south of Wyoming Avenue. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Commercial - Low Intensity. The owner is Ditko Properties, LLC. Property Address: 1107 S. Bradford Street. Tax Parcel: ED-00-077.17-01-12.00. Proposed Council District 2. Ordinance #2022-19. Existing Property The property is located on the east side of South Bradford Street in the final segment of the street to the south of Wyoming Avenue. The subject property is one of several parcels in the general area that are an enclave area not located in the City. The boundary of the City of Dover borders the parcel on its north; and areas to the west across South Bradford Street are within the City. The property includes an existing single-family detached dwelling and two accessory structures (shed/garage and shed). The property is currently zoned RM (Multifamily Residential Zone) in Kent County. The property is currently served by City Water and Electric. The owner is considering redevelopment of the property for commercial (office) uses and would like to connect to the City Sewer. Surrounding Land Uses To the north, the property is adjacent to a parking lot for a nearby office building where both parcels front on Wyoming Avenue and which are zoned C-2A (Limited Central Commercial Zone). To the east is a motor vehicle service facility; this property is under the jurisdiction of Kent County. To the south is a property with a single family dwelling, also under Kent County’s jurisdiction and two other dwellings located within the City and zoned R-8 (One Family Residence Zone). To the west across South Bradford Street is the offices of the Delaware Solid Waste Authority zoned RGO (General Residence and Office Zone) and a series of vacant lots fronting Wyoming Avenue zoned CPO (Commercial Professional Office Zone). II. COMPRENSIVE PLAN COMPLIANCE REVIEW In the 2019 Comprehensive Plan, the Potential Annexation Areas (Map 13 -1) identifies the property in the Category 1: High Priority Annexation Areas. The Growth and Annexation Plan Chapter (Chapter 13) notes that “Lands in this category are primarily enclaves of unincorporated territory mostly surrounded by the City of Dover. In all or most of these cases, the City provides these parcels with one or more essential service (sewer, water, police, fire, trash).” For Category 1: High Priority Annexation Areas, it notes in the Recommendations that “the City will not extend sewer and/or water infrastructure to Category 1 areas unless the property owners annex into the City” with consideration given for issues of health, safety and welfare. The 2019 Comprehensive Plan also sets the review criteria for the review of zoning for parcels being proposed for annexation. Chapter 13, page 13-9 notes that the Zoning Review may include: • Proposed zoning be in compliance with the land use category shown on Map 13-2 and used in conjunction with Table 12-1: Land Use and Zoning Matrix; • Character and compatibility of the surrounding land uses and properties; • The street type and capacity serving the property; Page 10

Página 11

Item #3. AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street Planning Commission Recommendation Report of November 21, 2022 Page 4 of 9 • Environmental concerns and conditions that may influence land use and zoning; • Market concerns and conditions; • The compatibility with the overall goals of the Comprehensive Plan. Map 13-2: Potential Land Use for Annexation Areas identifies the Land Use Classification for this property to be Commercial - Low Intensity. The goals and recommendations for the Commercial - Low Intensity Areas Land Use are listed in the 2019 Comprehensive Plan excerpts presented below: Goal: Commercial Land Uses – in General Maintain and improve the City’s position as a regional commercial center while providing its citizens convenient access to needed goods and services through well-designed and spaced regional, community, and neighborhood commercial centers/opportunities. Policies: Commercial Land Uses – in General 1. Create flexible and contemporary commercial zoning provisions that reflect emerging trends in uses, facilities, shopping preferences, and consumer demographics to meet future needs. 2. Encourage the preservation and adaptive re-use of existing commercial buildings and properties in a manner consistent with the character of the area. Continue to refine the Zoning Ordinance and other codes to ensure that City ordinances do not discourage adaptive re-use of vacant commercial buildings, both in the historic downtown and in commercial corridors. 3. Limit the frequency of commercial site entrances along arterial roadways by promoting shared use entrances and cross-access easements among adjoining properties. 4. Periodically review the performance of commercial sign codes to determine their effectiveness and the codes’ impact on the quality of commercial corridors while accommodating emerging concepts of commercial identity and brand. 5. Promote pedestrian and bicycle improvements and connecting pathways between existing and proposed neighborhood commercial sites and the residential areas they serve. 6. Encourage the establishment of transit amenities such as bus shelters and bicycle racks to accommodate alternative means of access to commercial centers. The Land Development Plan recognizes a hierarchy of commercial uses and includes specific recommendations for each of the major Commercial areas in Dover which are explained below. The following is an excerpt from the 2019 Comprehensive Plan regarding Commercial – Low Intensity Commercial Areas land uses (page 12-13): Page 11

Página 12

Item #3. AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street Planning Commission Recommendation Report of November 21, 2022 Page 5 of 9 Commercial - Low Intensity Commercial Areas The Plan identifies areas for Commercial Low Intensity areas intended for predominately neighborhood commercial use to meet the convenience retail and service needs of existing and future residential areas. These uses can be accommodated in newly constructed purpose-built buildings, in renovated existing buildings, or as part of mixed-use redevelopment initiatives. As part of the Land Development Plan, Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with this land use classification of Commercial - Low Intensity. C-1 (Neighborhood Commercial) C-1A (Limited Commercial) C-2 (Central Commercial) C-2A (Limited Central Commercial) Commercial - Low Intensity C-3 (Service Commercial) SC-1 (Shopping Center Commercial) RGO (General Residence and Office) CPO (Commercial and Professional Office) IO (Institutional and Office) III. ZONING REVIEW Request for C-2A (Limited Central Commercial Zone) The applicant has requested the zoning of C-2A (Limited Central Commercial Zone). The types of permitted uses in the C-2A (Limited Central Commercial Zone) are given in Article 3 §14 of the Zoning Ordinance and referenced sections. See the following Code excerpt: Article 3 Section 14. – Limited central commercial zone (C-2A). 14.1 Uses permitted. In a limited central commercial zone (C-2A), no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: (a) Retail stores. (b) Business, professional or governmental offices. (c) Personal service establishments. (d) Restaurants. (e) Service establishments. (f) Hotels. (g) Places of public assembly. (h) Drive-throughs. (i) One family residences, including attached and semi-detached dwellings, complying with the bulk standards of the RG-1 (General Residence) zone. (j) Apartments and multi-family dwellings. Page 12

Página 13

Item #3. AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street Planning Commission Recommendation Report of November 21, 2022 Page 6 of 9 14.2 Conditional uses. The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10, section 1: (a) Parking lots and parking structures as a principal use on suitably landscaped lots. (b) Fuel pumps accessory to a permitted use. 14.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated with restaurants and outdoor sales areas approved by the city planner. 14.4 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 14.5 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. (Ord. of 7-10-2000; Ord. of 2-12-2001; Ord. No. 2008-33, 8-25-2008; Ord. No. 2010-28, 1-10- 2011; Ord. No. 2014-08, 7-14-2014 ) IV. RECOMMENDATION OF PLANNING STAFF: The request for the C-2A (Limited Central Commercial Zone) is for a zone that consists of a broad mix of uses in both the commercial and residential sectors. The permitted uses in the C-2A zone that are commercial uses include retail, office, personal service & service establishments, restaurants, hotels, and places of assembly. The C-2A zone also includes permitted uses that are residential in nature including one-family residences (detached dwellings and duplex units), apartments and multi-family dwellings (more than 2 dwelling units in same building). The C-2A zone also includes conditional uses (uses subject to a specific review process for approval) for parking lots and parking structures and fuel pumps accessory to a permitted use. Staff recommends the annexation of the property at 1107 S. Bradford Street and its rezoning to C-2A (Limited Central Commercial Zone) be approved as requested. The subject property is in the City’s Annexation Plan of the 2019 Comprehensive Plan as Category 1: High Priority Annexation Areas with a Land Use Classification as Commercial - Low Intensity. This is a High Priority Annexation Area since it is an enclave and will help fill in one of the holes in the City of Dover Boundary. The C-2A zoning is consistent with other development in the surrounding area of this parcel which is predominately office related and in the C-2A and RGO zones. It is consistent with the Land Use Classification of Commercial - Low Intensity. The C-2A zoning can accommodate the current use of the property as a single-family dwelling; however, the zone also allows for future redevelopment of the property for commercial uses which would be consistent with neighboring uses and zoning. The property is also already served by the City services of water and electric. Page 13

Página 14

Item #3. AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street Planning Commission Recommendation Report of November 21, 2022 Page 7 of 9 This Annexation/Rezoning Request does not grant approval of a specific use for the property but makes its land use subject to a listing of uses permitted and potential conditional uses as allowed in the C-2A zoning district. Staff notes that any potential redevelopment for the site or changes of use for the existing building would have to be in line with the zoning classification and would similarly have to follow all development design guidelines of the Zoning Ordinance. Were the Application for Annexation/Rezoning to be recommended by the Planning Commission and subsequently approved by the City Council, the applicant would still have to submit Site Development Plans and/or Permits for review for any new use of the site or the building. The parcel also meets the minimum lot depth of 100 feet for a parcel zoned C-2A and the current main building (a dwelling) complies with the bulk standards for setbacks, height, and floor area ratio. The accessory structures would be considered legal non-conforming as to their setbacks from property lines due to their existing placement of less than five feet. Any non-conformity of the existing buildings’ uses and placement regarding the bulk standards of the C-2A would be subject to the provisions of the Zoning Ordinance, Article 7 – Nonconforming Buildings and Uses. Any development of the property once zoned C-2A would be subject to the bulk standards and provisions and the review processes for site development. This recommendation is being made without the benefit of hearing the comments of surrounding landowners and residents. A Public Hearing is required on this matter and the Planning Commission should give those comments consideration. V. PLANNING COMMISSION REVIEW FOR RECOMMENDATION As part of the Annexation Request, the City of Dover zoning district is to be determined; therefore, it is a request for a type of zoning map amendment which changes the zoning district of a property. The Planning Commission as part of their public hearing and review process will provide a recommendation on the zoning to City Council. As part of the process outlined in Zoning Ordinance, Article 10 Section 5, the Planning Commission must evaluate the following factors when considering the request: Article 10 § 5.36 Report of the planning commission. Regarding each application for a zoning map amendment, the planning commission shall provide a report to the city council stating a recommended action with regards to the proposed amendment, along with the commission's evaluation of the following factors: (A) Whether the uses permitted by the proposed change would be compatible with the existing uses and zones in the area concerned; (B) Whether adequate public services and infrastructure exist or can be created or expanded to serve the needs of any additional demand as a result of such change; and (C) Whether the proposed change is in accordance with the city's current comprehensive plan. A Recommendation Report from the Planning Commission is to be forwarded to City Council for their consideration of the Annexation & Rezoning Application. This document and its attachments make up the Recommendation Report. Page 14

Página 15

Item #3. AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street Planning Commission Recommendation Report of November 21, 2022 Page 8 of 9 RECOMMENDATION OF THE PLANNING COMMISSION: At the Hybrid (In-Person and Virtual) Planning Commission Meeting of November 21, 2022, the Application AX-22-03 was represented by Dr. Nicholas Alcorn, a partner in the property ownership group Ditko Properties, LLC. During the Public Hearing, no members of the public spoke, and no written comments were received. The Planning Commission’s motion was to recommend approval for Annexation & Rezoning application AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street with the proposed C-2A zoning (Limited Central Commercial Zone) and resulted in vote of 8-0 in favor and no votes in opposition (one member absent). The reasons cited for the approval include that the proposed change is compatible with existing uses and zones in the area concerned; that adequate public services and infrastructure exist or can be created to serve the needs; and that the proposed change is in accordance with the City’s current Comprehensive Plan as a High Priority Area for annexation. See also the included excerpt of the DRAFT Meeting Minutes of the November 21, 2022 Planning Commission meeting. The comments received from the other member agencies of the Development Advisory Committee (D.A.C.) are also provided. Submission of Plan of Services As required by 22 Delaware Code §101, a Plan of Services is being prepared for submission to the Office of State Planning Coordination. A copy of the full Plan of Services submission with all attachments will be on file with the Planning Office. VI. ADVISORY COMMENTS TO THE APPLICANT 1) From the agency comments received, it appears that ability to provide City sanitary sewer is feasible due to the proximity to existing infrastructure. The property is already served by City Water and Electric. It would be the property owner’s responsibility to cover all costs associated with extending and connecting services to the existing dwelling or any improvements to services for any redevelopment activity. 2) Regarding connection to City services for sanitary sewer, the applicant must contact the City’s Department of Water & Wastewater for procedures, permitting and impact fees. 3) Upon annexation into the City of Dover, the property will be subject to the provisions of the Dover Code of Ordinances. This includes procedures such as review processes for plans and permits for redevelopment and/or construction activities, licensing, etc. 4) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent a Building Permit or other construction activity permit approval. A separate application submission showing all improvements is required before issuance of plan approvals and permits by the City of Dover. Page 15

Página 16

Item #3. AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street Planning Commission Recommendation Report of November 21, 2022 Page 9 of 9 Attachments: • Zoning Map Exhibit AX-22-02 • Application AX-22-02 Submission: o Property Plan Sheet • Development Advisory Committee (D.A.C.) Comments: Department of Public Works, Department of Water & Wastewater, Office of the Fire Marshal, DelDOT, and Kent Conservation District • Excerpt of Draft Minutes from November 21, 2022 Planning Commission Meeting Page 16

Página 17

City of Dover Application No.: AX-22-02 Item #3. Department of Planning & Inspections CPO RGO R-8 IO R-8 R-8 R-8 RGO Wyoming Ave R-8 C-1A CPO S Bradford St S Governors Ave C-2A Roos evelt Ave S State St Site C-1 Jefferson Ter C-4 C-1A C-1A R-8 C-1A RGO C-2A SC-2 CPO Tile: Lands of Ditko Properties, LLC Ordinance #: 2022-19 Addresses: 1107 S. Bradford Street Legend Parcel ID: ED-00-077.17-01-12.00-000 Subject Property Existing Zoning: RM Multifamily Residential Zone Proposed Zoning: C-2A Limited Central Commercial Zone Dover Boundary Owner: Ditko Properties LLC Zoning Date: 9/28/2022 Dover Parcels 0 100 200 400 Feet « Kent County Parcels Page 17

Página 18

Item #3. WYOMING AVE S. BRADFORD ST S. STATE ST S. GOVERNORS AV E LOCATION MAP 1"=400'± S. GOVERNORS AV ST E S. BRADFORD S. STATE ST WYOMING AVE MONROE TER ROOSEVELT AVE 13 E UT RO S. U. LOCATION MAP 1"=1,200'± 103 S. BRADFORD ST. DOVER, DE 19904 P.O. BOX 558 DOVER, DE 19903 DITKO PROPERTIES, LLC T-302-744-9875 F-866-672-6428 9/9/2022 Page 18

Página 19

Item #3. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: NOVEMBER 2, 2022 APPLICATION: Lands of Ditko Properties, LLC at 1107 S. Bradford Street FILE #: AX-22-02 REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. Our office has no objections to the proposed annexation of tax parcel ED-00-077.17-01-12.00-000. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures for Public Works Construction. Impact fees will be applied to this property. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT SANITATION / STREETS / STORMWATER / GENERAL 1. None WATER / WASTEWATER 1. As per the Petition to Annex and Rezone Property, as heard by the Council Committee of the Whole, please find the following: a. 1107 S. Bradford Street is currently served by City of Dover Water. 1107 S. Bradford Street is not served by Sanitary Sewer. The nearest sanitary sewer is located to the southeast on an adjacent parcel. The property owner is responsible for obtaining access to this utility and is financially responsible for any and all costs with connection. The property owner is responsible for any and all costs associated with changes to service needs for property related its future redevelopment including extending and providing service upgrades to the proposed property. This may include tapping the sanitary sewer and water mains, connection to the building for both utilities, purchasing appropriately sized water meter and pit, paying impact fees, and obtaining permits. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . Page 19

Página 20

C F #3. AX-22-02 Item I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: November 9, 2022 D S O H V A E L R APPLICATION: Rezoning of 1107 S. Bradford St FILE #: AX-22-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Matthew Brown, Deputy Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. No Comments for this annexation. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2021 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. Page 20

Página 21

Item #3. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Ditko Properties, LLC FILE#: AX-22-02 REVIEWING AGENCY: DelDOT CONTACT PERSON: Ryan Schroder PHONE#: 302-760-2674 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. DelDOT has no objections to rezoning and annexation. Page 21

Página 22

KENT CONSERVATION DISTRICT Item #3. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY NOVEMBER 2022 APPLICATION: Lands of Ditko Properties, LLC at 1107 S. Bradford Street FILE #: AX-22-02 REVIEWING AGENCY: Kent Conservation District CONTACT: Kate Owens PHONE: 302-608-5370 EMAIL: stormwater@kentcd.org THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: Kent Conservation District has no objection to the annexation and rezoning for the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: In the future, if there is any proposed disturbance that will exceed 5,000 square feet, a sediment and stormwater management plan must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.). Page 22

Página 23

Item #3. CITY OF DOVER PLANNING COMMISSION November 21, 2022 Excerpt from Meeting Minutes – Draft The Meeting of the City of Dover Planning Commission was held on Monday, November 21, 2022 at 7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system WebEx. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Cooper, Mr. Roach (virtual), Dr. Jones, Mr. Hartman, Mr. Baldwin, Mrs. Welsh (virtual), Mrs. Malone (virtual) and Mrs. Maucher. Mrs. Denney was absent. Staff members present were Mrs. Mary Ellen Gray, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mr. Jason Lyon (virtual), and Mrs. Kristen Mullaney. NEW APPLICATIONS AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street – Public Hearing and Review for Recommendation to City Council of an Annexation Request and Rezoning Request for a parcel of land totaling 11,248.2 SF (0.2582 +/- acres) located at 1107 S. Bradford Street, Dover. The property is currently zoned RM (Multifamily Residential District) in Kent County. The proposed zoning is C-2A (Limited Central Commercial Zone). The property is located on the east side of S. Bradford Street approximately 135.37 feet south of Wyoming Avenue. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Commercial Low Intensity. The owner is Ditko Properties, LLC. Property Address: 1107 S. Bradford Street. Tax Parcel: ED-00-077.17- 01-12.00-000. Proposed Council District 2. Ordinance #2022-19. The First Reading of this Annexation Request was held on October 10, 2022. Public Hearing before the Planning Commission is scheduled for November 21, 2022 and City Council on December 12, 2022. Representative: Dr. Nicholas Alcorn, partner at First State Oral Surgery (ownership of property by Ditko Properties, LLC) Mrs. Melson-Williams stated that this is a Request for Annexation as noted. It is a property at 1107 South Bradford Street. The image on the screen is of the location. It is to the south of Wyoming Avenue. It is an enclave area of several properties that are currently not within the City of Dover, and this is a request by one of those to become part of the City. It is just over 11,000 square feet in land area. Currently, in the County it is zoned RM (Multifamily Residential District), and the proposed zoning classification is C-2A (Limited Central Commercial Zone). Our Comprehensive Plan has designated this property as Category 1: High Priority Annexation Areas and the land use in the Comprehensive Plan is Commercial Low Intensity. Currently, the property has on it a single family detached structure along with a shed and a garage/shed type building. The property was recently acquired by neighboring property owners, and they are the ones seeking to bring it into the City of Dover. It is currently served by City of Dover Electric and City of Dover Water; however, the property is not served by sanitary sewer but there is sewer in the area. It would be the burden of the property owner to make that connection and the costs associated with it. With the Comprehensive Plan, we have to identify areas for annexation, and this is one of them. The Comprehensive Plan also sets the review criteria for considering Excerpt of Planning Commission Meeting Minutes of November 21, 2022 Page 1 of 2 Page 23

Página 24

Item #3. properties for annexation. It calls out looking at the associated land use category that is shown on Map 13-2; looking at the character and the compatibility of the surrounding land uses of property; looking at things like street type and its capacity; and environmental concerns as well as market conditions, as well as compatibility with the overall goals of the Comprehensive Plan. Our DAC Report includes information about the goals with Commercial Land Use in the City and specifically the Commercial Low Intensity Areas that are meant to really be on the edge of neighborhood areas and provide for retail and service needs of associated residences. Looking at the Land Development Plan, for the land use category of Commercial Low Intensity, the C-2A (Limited Central Commercial Zone) is one of the compatible zoning classifications. On our Report, the C-2A (Limited Central Commercial Zone) allows for basically a mix of both commercial and residential use. So, the existing building on the site as a residence would be compatible with that zone or as the application indicates, future redevelopment of the site is likely. Those future uses would need to meet the requirements of the C-2A (Limited Central Commercial Zone). Planning Staff is recommending approval of the Annexation and it’s Rezoning to C-2A (Limited Central Commercial Zone). It is compliant with the land use classification of Commercial Low Intensity. It is that High Priority (Annexation) Area. It is an enclave that brings one more property into the City. We find that the C-2A (Limited Central Commercial Zone) is consistent with other surrounding zoning in the area. There are some C-2A (Limited Central Commercial Zone) to the north and there is also other residential zoning and office zones in that general vicinity as well. It is noted that this Annexation and Rezoning request needs a recommendation to City Council by the Planning Commission on the matter and City Council will take the final action. Tonight, we are not approving a specific use or development plan for the property; that would come after it was annexed fully into the City of Dover. The Commission will need to look at whether the proposed change would be compatible with the existing uses and zones in the area, whether there is adequate public services and infrastructure, and whether it’s accordance with the City’s Comprehensive Plan. Application representative, Dr. Nicholas Alcorn noted that he had no additional comments. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Hartman moved to recommend approval to City Council for AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street to include the agreement with the DAC findings that the proposed change is compatible with existing uses and zones in the area concerned and that adequate public services and infrastructure exist or can be created to serve the needs and that the proposed change is in accordance with the City’s current Comprehensive Plan; in fact it is a High Priority Area for annexation, seconded by Mr. Baldwin and the motion was carried 8-0 by roll call vote with Mrs Denney absent. Mr. Hartman voting yes; for reasons stated. Mr. Baldwin voting yes; for the reasons stated. Dr. Jones voting yes; the application is consistent with the City’s Comprehensive Plan and in consideration of the comments from the DAC. Mrs. Welsh voting yes; the Annexation Request and Rezoning Request are in keeping with the Comprehensive Plan so it’s appropriate for the area. Mrs. Malone voting yes; for reasons stated. Mr. Cooper voting yes; for reasons stated. Mr. Roach voting yes; for reasons stated. Mrs. Maucher voting yes; for reasons stated. Excerpt of Planning Commission Meeting Minutes of November 21, 2022 Page 2 of 2 Page 24

Página 25

Item #3. City of Dover MAYOR AND COUNCIL COUNCIL RESOLUTION NO. 2022-10 1 A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE 2 LIMITS OF THE CITY OF DOVER 3 4 WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said 5 City in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del. C.§ 101); and 6 7 WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include an 8 area contiguous to the present City limits, and hereinafter more particularly described, within the limits 9 of the City of Dover; and 10 11 WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by 12 all owners of all property considered for annexation; no election shall be required. For an 13 annexation petition not requiring an election, such petition shall be processed in accordance 14 with procedures established for amendments to the zoning map, specified in Dover Code, 15 Appendix B - Zoning. All annexation petitions shall be processed concurrently with the 16 rezoning of the property considered for annexation and shall be subject to public hearing before 17 City Council. Public notice shall be completed in accordance with the provisions of the Dover 18 Code relating to amendment of the zoning map. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE 21 CITY OF DOVER, IN COUNCIL MET: 22 23 1. That the following described area, situated in East Dover Hundred, Kent County, State 24 of Delaware, along with all adjacent paths, sidewalks, roadways, and rights-of-way in their 25 entirety shall be annexed to and included within the limits of the City of Dover: 26 27 ALL THAT CERTAIN tract, piece or parcel of land and premises situated just south 28 of the corporate limits of the City of Dover in East Dover Hundred, Kent County and 29 State of Delaware, in the development known as South Dover Acres, lying on the 30 east side of South Bradford Street, having a frontage on said South Bradford Street 31 of seventy-five (75) feet and extending back therefrom between parallel lines in an 32 easterly direction one hundred fifty (150) feed of land, be the same more or less, and 33 being all of Lot No. 10 and north one-half of Lot No. 11 as shown on a plot of South 34 Dover Acres of record in the office of the Recorder of Deeds at Dover in Plot Book 35 1, Page 41. 36 37 2. That the above-described property shall be annexed into the City of Dover with a 38 zoning classification as set by City Council and in accordance with the zoning map and 39 environs then in force, effective upon such lands being included within the limits of the 40 City of Dover. 41 P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 25 Community Excellence Through Quality Service

Página 26

Council Resolution No. 2022-10 Page 2 Item #3. 42 3. That the certified copy of this resolution of annexation, together with a plot of the area 43 annexed, shall be filed for record with the Recorder of Deeds of Kent County. 44 45 4. That the effective date of this resolution shall be the 15th day of December 13, 2022, at 46 12:01 a.m. 47 48 49 ADOPTED: DECEMBER 12, 2022 50 51 52 53 54 55 56 ROBIN R. CHRISTIANSEN ROY SUDLER, JR. 57 MAYOR COUNCIL PRESIDENT 58 59 60 Actions History 61 12/12/22 – Scheduled for Public Hearing/Final Reading – City Council 62 11/21/22 - Planning Commission Review 63 10/25/22 - Utility Committee Review 64 10/22/22 - First Reading - City Council P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 26 Community Excellence Through Quality Service

Página 27

FINAL READING Item #3. City of Dover CITY OF DOVER ORDINANCE #2022-19 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY 3 LOCATED AT 1107 SOUTH BRADFORD STREET 4 5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the 6 limits of the City of Dover; and 7 8 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 9 property described below from RM - Multifamily Residential District (Kent County zoning 10 classification) to C-2A- Limited Central Commercial Zone (City of Dover zoning classification). 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY 13 OF DOVER, IN COUNCIL MET: 14 15 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 16 Ordinance of the City of Dover have been amended by changing the zoning designation from 17 RM - Multifamily Residential District (Kent County zoning classification) to C-2A - Limited 18 Central Commercial Zone (City of Dover zoning classification) on that property located at 1107 19 South Bradford Street, consisting of 0.2582 +/- acres (11,248.2 SF), owned by Ditko Properties, 20 LLC. 21 (TAX PARCEL: ED-00-077.17-01-12.00-000; PLANNING REFERENCE: AX-22-02; COUNCIL DISTRICT: 2) 22 23 24 ADOPTED: * 25 26 Actions History 27 12/12/2022 - Public Hearing/Final Reading - City Council 28 11/21/2022 - Public Hearing - Planning Commission 29 10/10/2022 - First Reading - City Council 30 31 32 33 34 P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 27 Community Excellence Through Quality Service

Página 28

Item #4. REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on November 28, 2022, at 6:30 p.m. with Council President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare. Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Mrs. Gray, Fire Chief Carey, 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 B. Louden PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Hare. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Hare 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 Dr. Pillsbury and carried by a unanimous roll call vote. PUBLIC HEARING - RESOLUTION NO. 2022-09 APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY ROBBINS HOSE COMPANY NO. 1 OF DOVER, DELAWARE A Public Hearing was duly advertised for this time and place to consider Resolution No. 2022-09 Approving Issuance of Certain Bonds or Notes by Robbins Hose Company No. 1 of Dover, Delaware. Ms. Lori Peddicord, Controller Treasurer, explained that before Council, there is a Resolution for the approval of the bonds or notes associated with the 2022 Pierce Enforcer Pumper Rescue apparatus and because this was originally approved back in July 2021 and the delivery date has been pushed several times there is a change order that was included in the packet of information. Ms. Peddicord explained that Council made a motion to approve the $729,000 purchase of this Page 28

Página 29

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 2 apparatus, and the change order reflects an increase of $4,674, with a total amount of $733,000. Ms. Peddicord further explained that the Fire Chief asked if the Fire Company would incur that additional expense. Ms. Peddicord stated that they are circulating a solicitation for financing, and if they can get the financing locked down before the delivery of the vehicle, the bank that the City obtained the financing through will pay the vendor for the apparatus, and then there will be balloon payment as originally budgeted going forth. If the financing is not locked down prior to the delivery date, this Resolution allows the city the ability to fund the expense upfront and then repay itself. Ms. Peddicord explained that there is a clause in the Resolution where the city can reimburse for the full cost or whatever was spent prior to the financing being obtained. Ms. Peddicord stated that they are still going through the process of trying to close the loan and that it is a bit different because of the delay in the delivery of the equipment. Responding to Mr. Taylor, Ms. Peddicord explained that the fees come out of the general fund and the budget is adjusted accordingly. Responding to Mr. Taylor, Chief Carey explained that the trucks come with a one-year warranty, with an option to purchase an extended warranty. Chief Carey further explained that they had gotten a price quote on an extended warranty a few years back but cannot remember the exact amount. Mr. Taylor asked Chief Carey to bring the cost of an extended warranty back to council for review. Mr. Hare followed up and stated that if paying the additional amount is an issue, council should be able to assist, suggesting the possibility of using the discretionary fund. Chief Carey followed up with Mr. Taylor, explaining that the truck comes with a bumper-to- bumper one-year warranty and the drivetrain has a five-year warranty. Responding to Mr. Neil, Chief Carey explained that they normally keep a truck on the front line for fifteen years and then move it to the back line, and it lasts another five years. Chief Carey explained that it takes approximately $50,000 a year to keep one engine in service once they start aging, around the 12–15-year timeframe. Mr. Neil stated that if they are going to take an extended warranty it would have to be beyond that period. Mr. Neil stated that if it is not necessary to have it to approve this, they can come back with it to see whether Council can add it, then they can honor the request from Councilman Taylor in terms of seeing what that is going to cost them because it looks like it is after the 12th year, that they start having the problems. Mr. Hare agreed with Mr. Neil but explained that he does not believe they are going to find an extended warranty that will go beyond 12 years unless you use CarShield, and they are very expensive. Council President Sudler declared the hearing open. Page 29

Página 30

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 3 There being no one present wishing to speak during the public hearing, Council President Sudler declared the hearing closed. By motion of Mr. Anderson, seconded by Mr. Hare, and by a unanimous roll call vote, Council approved the change order for the fire truck apparatus. By motion of Mr. Anderson, seconded by Mr. Boggerty, and by a unanimous roll call vote, Council adopted Resolution No. 2022-09, as follows: 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 28, 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: Page 30

Página 31

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 4 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 acceptable 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 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 14, 2022 The Minutes of the Regular Council Meeting of November 14, 2022 were unanimously approved by motion of Mr. Neil, seconded by Dr. Pillsbury, and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE - November 15, 2022 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 Page 31

Página 32

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 5 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. 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 Page 32

Página 33

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 6 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. Page 33

Página 34

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 7 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 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 Page 34

Página 35

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 8 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, 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 Page 35

Página 36

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 9 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. 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) Page 36

Página 37

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 10 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 carried by a roll call vote of 6 in favor, 2 opposed (Taylor and Boggerty), and 1 abstention (Sudler). By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to approve 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, seconded by Dr. Pillsbury and carried by a unanimous roll call vote 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. Page 37

Página 38

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 11 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, providing them with alternative means of staying away from unsavory or violent activity. Second District Mr. Taylor stated that he attended the Joint Pension Board and that 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 Page 38

Página 39

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 12 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. Mr. Hare noted that they were still dealing with the one request with Ms. Duca, who is working with Page 39

Página 40

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 13 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. Page 40

Página 41

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 14 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 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. Page 41

Página 42

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 15 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. 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. Page 42

Página 43

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 16 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 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 Page 43

Página 44

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 17 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. 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. Page 44

Página 45

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 18 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. 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. Page 45

Página 46

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 19 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. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to accept the Silver Lake Dam 2022 Dam Safety Inspection Report and the FY 2022 Silver Lake Dam Inspection and Update Memorandum, seconded by Dr. Pillsbury and carried by a unanimous roll call vote 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. Page 46

Página 47

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 20 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. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to approve 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, seconded by Dr. Pillsbury and carried by a unanimous roll call vote 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. Page 47

Página 48

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 21 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. 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. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to approve Ordinance #2022-21 for First Reading on November 28, 2022, Regular City Council Meeting seconded by Dr. Pillsbury and carried by a unanimous roll call vote. 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. Page 48

Página 49

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 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. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to approve Ordinance #2022-22 for First Reading on November 28, 2022, Regular City Council Meeting seconded by Dr. Pillsbury and carried by a unanimous roll call vote. 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. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to approve Ordinance #2022-23 for First Reading on November 28, 2022, Regular City Council Meeting seconded by Dr. Pillsbury and carried by a unanimous roll call vote. 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. 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. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to approve Ordinance #2022-24 for First Reading on November 28, 2022, Regular City Council Meeting seconded by Dr. Pillsbury and carried by a unanimous roll call vote. Page 49

Página 50

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 23 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. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Dr. Pillsbury and carried by a unanimous roll call vote. FIRST READING - PROPOSED ORDINANCE #2022-22 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 December 12, 2022. 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 #2022-22 Amending Chapter 2 – Administration-Article V - Finance Mr. David S. Hugg, III, City Manager, stated that in 2017, the City Council requested that the General Assembly amend the state code as it relates to Tax Increment Financing (TIF) to add provisions that would allow the City of Dover and Kent County to use tax increment financing as an alternative financing method for development and redevelopment. Mr. Hugg explained that it was primarily for a project that had been proposed up near Dover Mall, but that the amendment request was for the city, in general. The General Assembly enacted that ordinance amendment, granted to Dover and Kent County the authority to implement tax increment financing. Mr. Hugg explained that the Ordinance does two things. First, it confirms the city’s authority, as granted by the General Assembly, creating the Dover Code related to tax increment financing (TIF). Secondly, it sets forth, consistent with state law, the provisions or steps that the city has to go through should they decide to use this funding mechanism for a development or redevelopment initiative. Responding to Council President Sudler, Mr. Hugg explained that Tax Increment Financing is a method that allows the issuance of tax-exempt bonds by the local jurisdiction to support the development or redevelopment of industrial, commercial, or residential areas. Mr. Hugg further explained that the term tax increment means that the bonds are paid for from the proceeds of the added revenue that comes because of the redevelopment. Mr. Hugg stated if the City has properties that are worth $1 million, and they go through a redevelopment and enhancement initiative, then they are worth $3 million then the tax on the $2 million increment is used to retire the bonds. Tax increment financing bonds are not debts of the city. They do not attach to the credit of or assets of the city, but they are a way to encourage particularly private development and private redevelopment reinvestment. The bonds generally sell at a discount, and they are usually snapped up by municipal or institutional holders of those kinds of financial documents. Page 50

Página 51

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 24 Responding to Mr. Taylor, Mr. Hugg explained that because they are not supported by the credit or assets of the city, the city is not obligated to repay those bonds. The risk is on the developer/redeveloper for money that is obligated to the bonds. If the bottom should drop out of the finance market or something, that is their risk, their loss, and normal default procedures would take place. Responding to Mr. Neil, Mr. Hugg explained that this is an additional tool that can be used. There are tax incentives and tax credits that are available. There are some other federal credits, and there are opportunities for credits, but tax increment financing (TIF) is one more tool that could be used. The other is what they call special district financing, like a business improvement district. This could be used to support the financial investments for downtown redevelopment. Responding to Mr. Sudler, Mr. Hugg explained that the closest thing that they had was the Business Improvement Taxing District that existed downtown. It was taken off the books a couple of years ago. Mr. Hugg noted that he is not sure that that specifically meets the definition of a special district, but it is essentially the same mechanism. It is tied to an investment downtown that is subject to a tax. Mr. Hugg stated that if he is not mistaken, those bonds do pledge the asset and the credit of the city. Responding to Mr. Sudler, Mr. Hugg explained that the business improvement district tax that the city had on its books and imposed for several years was an additional tax on properties in the designated area that was earmarked for reinvestment in the downtown. So properties downtown, he believes, had a cent or two of additional property tax that was a dedicated earmarked revenue to be used for downtown, not to go into the just general revenues of the city. There was a reasonable amount of opposition to that tax over the years. It was reduced eventually to zero, and then if he remembers that three years or so ago, it was stricken from the books. But that is another mechanism, it is a tax on properties that benefit from the City's investment in streets or sidewalks or street lighting or whatever. Kind of you benefit from our investment, and you have a share of the cost. Responding to Mr. Sudler’s question of whether a brick-and-mortar police station would qualify for funding through this ordinance, Mr. Hugg stated that he did not think so, it would not be something that would normally be financed with a tax increment bond because they are generally aimed at private and non-profit client’s business activities. Mr. Hugg stated that the city could issue a regular bond to pay for something of that nature if it chose to. Mr. Hugg continued to state that he does not know whether a business improvement district or special district provision could be used for a public purpose. Responding to Mr. Sudler’s inquiry, Ms. Peddicord stated that she did not think a brick-and-mortar police station would qualify for funding through tax increment financing. Mr. Anderson explained that he wanted to make sure people out there understand that the tax increment finance (TIF) is its own separate bill and apart from any discussion of special districts and so what they are dealing with tonight will not raise taxes one penny. Mr. Anderson further explained that if you buy a property that is worth half a million dollars, you are going to make it worth 5 million dollars. Mr. Anderson noted that it provides where you can get financing based upon the value added, the increment value added. Mr. Anderson stated that he just wanted to make Page 51

Página 52

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 25 sure everybody knows that they are not raising taxes, his name is not on the tax increase, he promises. FIRST READING - PROPOSED ORDINANCE #2022-23 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 December 12, 2022. 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 #2022-23 Amending Chapter 2 – Administration – Article IV. Officers and Employees-Division 4. Controller Treasurer Mr. David S. Hugg, III, City Manager, explained that Ordinance 2022-23 is updating the municipal code to be consistent with the charter changes that were made by the General Assembly. The provision that required the annual appointment of the Controller Treasurer was deleted in the charter change, and this ordinance strikes the unnecessary language and makes it consistent with the revised adopted charter. FIRST READING - PROPOSED ORDINANCE #2022-24 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 December 12, 2022. 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 #2022-24 Amending Chapter 2 – Administration – Article IV. Officers and Employees-Division 5. City Clerk Mr. David S. Hugg, III, City Manager, explained that this is another housekeeping ordinance. Mr. Hugg further explained that the charter amendments that were adopted by the General Assembly were changes to the language in various sections. There had been a requirement in the previous charter and in the city code that the City Clerk be reappointed every year. That language was stricken from the newly adopted city charter. This Ordinance removes it from the City Code to make them consistent. ELECTION OF OFFICERS – ROBBINS HOSE COMPANY – YEAR 2023 FIRE LINE OFFICERS The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. Members were provided the results from the November 7, 2022, Robbins Hose Company Election for consideration as follows: Page 52

Página 53

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 26 Fire Chief - David Carey Deputy Fire Chief - Sean Christiansen First Assistant Chief - Sierra Brown Second Assistant Chief - Brian Bashista Third Assistant Chief - James Iannucci Fourth Assistant Chief - Jason Boc First Fire Line Captain - Chad Knotts Second Fire Line Captain - Troy Christiansen By consent agenda, Mr. Neil moved for acceptance of the Fire Line Officers for Robbins Hose Company No. 1 for the Year 2023, as submitted. The motion was seconded by Dr. Pillsbury and carried by a unanimous roll call vote. FIRST READING - PROPOSED ORDINANCE #2022-21 AMENDING APPENDIX B - ZONING Council President Sudler reminded the public that copies of the proposed ordinance were available at the entrance of the Council Chambers, on the City’s website at ww.cityofdover.com under “Government,” or by contacting the City Clerk’s Office at 302-736-7008 or cityclerk@dover.de.us. Since the ordinance amends the Zoning Code, a public hearing is required. It is recommended for referral of the amendments to the Planning Commission on December 19, 2022, and that a public hearing be set for the Council Meeting of January 9, 2023, at 6:30 p.m., at which time final action by Council will take place. Mr. Anderson introduced an amendment to proposed ordinance #2022-21, adding A.20.19 Indoor recreation and amusement establishments, added after line 60. Mr. Anderson moved to refer the request as amended to the Planning Commission on December 19, 2022, and to set a public hearing for January 9, 2023, at 6:30 p.m. The motion was seconded by Mr. Taylor and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows: Proposed Ordinance #2022-21 Amending Article 3 – District Regulations, Section 20A - Industrial Park Manufacturing Zone – Business and Technology Center (IPM2) FINAL READING - PROPOSED ORDINANCE #2022-10 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting on November 14, 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 Ms. Arndt, and unanimously carried. (The First Reading of the proposed ordinance was accomplished during the Council Meeting of November 14, 2022.) Page 53

Página 54

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 27 By motion of Mr. Hare, seconded by Mr. Neil, Council, by a unanimous roll call vote, adopted Ordinance #2022-10, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 22 – Buildings and Building and Regulations, Article VII – Property Maintenance Code be amended to read as follows: CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS ARTICLE VII. – PROPERTY MAINTENANCE CODE Section 22-226 Violations and penalties (a) Any person, firm, or corporation who violates any provision of this article shall be penalized by a fine as provided for in Appendix F—Fees and Fines. (b) Unpaid fees and fines are to be placed on the municipal lien docket by the city against the property on which the violation occurred. That Appendix F Fees and Fines, Chapter 22 Buildings and Building Regulations be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: APPENDIX F – FEES AND FINES Chapter 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 $25.00 per 180-day granted with payment of a renewal fee extension Sec. 113.4. Violation penalties; Each day that a violation continues Fine of not less than shall 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 Page 54

Página 55

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 28 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 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 $50.00; $0.00 if demolished for the purpose of vacating the land for future condemned and development or 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 $20.00 per set of to doubling) plans Subsec. (b) Reinspections (Not subject to doubling) Page 55

Página 56

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 29 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 56

Página 57

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 30 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 57

Página 58

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 31 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, $100.00 minimum Subsec. (c) Removal of notice, each offense, not to exceed $100.00 Article XII. Vacant Buildings Page 58

Página 59

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 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. 22-403. 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 $1,500.00 years Buildings vacant for more than three years but less than five $3,000.00 years Buildings vacant for five years or longer $5,000.00 BE IF FURTHER ORDAINED: That Chapter 46 – Fire Prevention and Protection, Article I, In General, Section 46-1 Means of egress be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: CHAPTER 46 FIRE PREVENTION AND PROTECTION ARTICLE I – IN GENERAL Section 46-1 Means of Egress (c) Penalties. If any exit access, exit, or exit discharge, with the exception of a locked exit door, if found to be in violation of this section, a summons shall be issued as provided for in Appendix F – Fees and Fines. Any required exit door found to be locked against egress shall be in violation of this section and a summons shall be issued for each locked exit as provided for in Appendix F – Fees and Fines. Unpaid fees and fines are to be placed on the municipal lien docket by the city against the property on which the violation occurred. ARTICLE V – FIRE LANES Section 46-202 Violations (c) Failure to mark. Property owners of existing buildings who do not have their fire lanes marked within 45 days of being notified by the fire marshal, shall be in violation of this article. Any property owner found to be in violation of [this sub]section 46- 202(d) shall be issued a summons as provided for in Appendix F – Fees and Fines. Unpaid fees and fines are to be placed on the municipal lien docket by the city against the property on which the violation occurred. That Appendix F Fees and Fines, Chapter 46 Fire Prevention and Protection Regulations be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: APPENDIX F – FEES AND FINES Page 59

Página 60

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 33 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 $100.00 first offense locked 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 Should the person alarms, 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 Failure to return alarms, 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 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 Page 60

Página 61

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 34 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 Not less than $25.00, section nor more than $1,000.00 Article II. Fire Department Sec. 46-44 Failure to answer alarms, orders and perform duties Fine of not less than orderly; 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; provided that a minimum fee for each permit shall be $150.00 Subsec. (c) Reinspection First reinspection No charge Second reinspection $100.00 Page 61

Página 62

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 35 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 $25.00 each fire less buildings per complex alarm system Exception: Apartment or other multifamily dwelling—More than $15.00 each fire five buildings per complex alarm 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 $25.00 each fire less buildings per complex suppression system Exception: Apartment or other multifamily dwelling—More than $15.00 each fire five 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 Sec. 46-164. Fees Assembly No charge for an occupant load less than 75; $100.00 for Page 62

Página 63

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 36 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 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. Page 63

Página 64

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 37 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 ADOPTED: November 28, 2022 FINAL READING - PROPOSED ORDINANCE #2022-14 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting on November 14, 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 November 14, 2022.) By motion of Mr. Neil, seconded by Ms. Arndt, Council, by a unanimous roll call vote, adopted Ordinance #2022-14, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings, be amended to read as follows: DIVISION 1. GENERALLY Sec. 22-331. Purpose; applicability; definitions; compliance. (a) Purpose. The purpose and intent of this article is to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of dwellings operated for lease to the public. The health, safety, and welfare of the occupants of the dwellings are of the utmost importance to the city, as is the general community character in which these dwelling units are located. (b) Applicability. The provisions of this article shall apply to all matters affecting or relating to rental dwellings. Where, in this article, different sections of this Code may specify different requirements, the most restrictive shall govern. (c) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly Page 64

Página 65

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 38 indicates a different meaning: (1) Criminal activity is defined as any crime classified by applicable law as a (a) felony, (b) Class A misdemeanor, or (c) any of the following offenses: any drug offense defined by Title 16 of the Delaware Code, and the following misdemeanors in addition to any Class A misdemeanor, as defined by Title 11 of the Delaware Code: § 601—Offensive touching, § 602—Menacing, § 628— Vehicular assault 3, § 763—Sexual harassment, § 764—Indecent exposure, § 811—Criminal mischief, § 812—Graffiti, § 820—Trespassing, § 821/2/3— Criminal trespassing, § 1105—Crime against a vulnerable adult, § 1106— Unlawfully dealing with a child, § 1301—Disorderly conduct, § 1313— Malicious interference with emergency communications, § 1315—Public intoxication, § 1321—Loitering, § 1322—Criminal nuisance, § 1323— Obstructing of public passage, § 1341—Lewdness, § 1342—Prostitution, § 1343—Patronizing a prostitute, § 1445—Unlawfully dealing with a dangerous weapon, § 1446—Unlawfully dealing with a switchblade knife. (2) Dwelling unit means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. (3) Liability insurance refers to an insurance product that provides an insured party with protection against claims resulting from injuries and damage to other people or property. Liability insurance policies cover any legal costs and payouts an insured party is responsible for if they are found legally liable. (4) Multiple-family dwellings means dwelling units operated as a group and located in the same building. This shall include apartments, rooming houses, condominium dwelling units, and accessory apartments located within structures principally used for owner occupancy. (5) Property insurance means financial reimbursement to the owner or renter of a structure and its contents in case there is damage or theft—and to a person other than the owner or renter if that person is injured on the property. (6) Rental dwelling means a dwelling unit that is leased for occupancy to a person or persons in exchange for monetary payment or provision of goods or services to the owner of the dwelling unit. (7) Single-family dwellings means dwelling units operated singly and separated from other units. In general, this definition shall apply to single-family detached dwellings; mobile homes and manufactured homes; and attached units, including duplexes and townhouses. (d) Compliance required. No person shall operate, occupy or let to another for occupancy any dwelling which is not in compliance with the International Property Maintenance Code adopted in section 22-221 and all other applicable codes. Page 65

Página 66

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 39 (Code 1981, § 10-86; Ord. of 4-10-2000; Ord. No. 2013-04, 4-8-2013; Ord. No. 2016-16 , 8-8- 2016) Sec. 22-332. - Inspection required. (a) The Code Enforcement office, in accordance with the procedures set forth in the International Property Maintenance Code adopted in section 22-221, shall inspect rental dwellings for compliance with the property maintenance code and all other applicable codes to ensure compliance. (b) An inspection is required prior to the issuance of any new rental dwelling permit. (c) Following an inspection, the code enforcement office shall issue a letter and/or report of any code violations and provide a timeline for compliance. There shall be no fee for the first followup inspection. Each subsequent reinspection shall be subject to a fee as provided for in Appendix F—Fees and Fines. (Code 1981, § 10-87; Ord. of 4-10-2000; Ord. of 4-14-2008; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04, 4-8-2013) Sec. 22-333. - Agent required. (a) Property manager. Any owner of a rental dwelling, residing outside of the county, shall be required to have a licensed property manager residing or having an office located in the county. The property manager shall have charge, care, and control of the rental dwelling, and shall provide access to the rental dwelling for inspection, upon request by the code official, within a reasonable time. (b) Corporate or partnership owners. Any corporation or partnership owning a rental dwelling shall have a designated member, partner, or employee having charge, care, and control of the rental dwelling. The designated member, partner, or employee shall reside in or have an office located in the county. The property manager shall have charge, care, and control of the rental dwelling, and shall provide access to the rental dwelling for inspection, upon request by code official, within a reasonable time. (Code 1981, § 10-88; Ord. of 4-10-2000; Ord. of 12-11-2000; Ord. of 4-14-2008; Ord. No. 2013- 04, 4-8-2013) Sec. 22-334 Insurance required Any owner of a rental property shall have property insurance in sufficient amount to replace the estimated value of the improvements on the property and provide protection for claims against the property. Proof of insurance coverage shall be provided upon application for a rental permit and upon each annual renewal thereafter. Secs. 22-335—22-350. Reserved. DIVISION 2. - PERMIT Page 66

Página 67

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 40 Sec. 22-351. - Generally. (a) Single-family dwellings. It shall be unlawful for any person to operate any single-family rental dwelling without obtaining a permit from the licensing division of the department of planning and inspections to determine compliance with the appropriate provisions of this article. The permit shall expire annually on January 31. The fee for the annual permit shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling permits issued after January 31st will be prorated from the date the permit is issued until the next January 31st. (b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple dwelling without first obtaining an annual permit therefor from the licensing division of the department of planning and inspections to determine compliance with the appropriate provisions of this article. The permit shall expire annually on January 31, and the fee for the annual permit shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling permits issued after January 31st will be prorated from the date the permit is issued until the next January 31st. (c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the date due, then the permittee shall incur a penalty fee as provided for in Appendix F— Fees and Fines until the same is paid. (d) Reinstatement fee. An owner whose permit has been suspended in accordance with section 22-352 shall pay a reinstatement fee as provided for in Appendix F—Fees and Fines. (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the date a notice thereof is mailed to the owner, then such fees shall be entered in the municipal lien docket as a lien owing the city; and the same may be turned over to the city solicitor for collection. (f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive any new city utilities until the permit fee required in this section is paid in full and city personnel shall refuse to provide sewage, water and electricity to the property until satisfactory proof is furnished that such permit fee has been paid. (Code 1981, § 10-96; Ord. of 4-10-2000; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-04, 4-8- 2013) Sec. 22-352. - Suspension. (a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the permit paid for, pursuant to this division, when: (1) The building inspector determines that any dwelling or the premises surrounding the dwelling fails to meet the requirements of this chapter. Suspension shall last until the violations have been corrected to the satisfaction of the building inspector, or the suspension shall have been reversed. (b) Notice of violations. Upon suspending any permit under this section or withholding the Page 67

Página 68

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 41 permit paid for, the building inspector shall notify the owner of the violations of the applicable code and shall prescribe a period in which the violation shall be corrected. (d) Appeal. Any owner or operator of any dwelling, whose permit to operate the structure is suspended by the building inspector pursuant to the procedures of this section, shall have the right to appeal and notice as provided in section 22-225. (e) Effect of appeal. Upon suspension of a permit or withholding of a permit ordered by the building inspector and upon the permittee serving the city clerk with a notice of appeal pursuant to section 22-225, the permit suspension shall be stayed and an existing permit shall remain in force until the appeal is decided. (Code 1981, § 10-97; Ord. of 4-10-2000; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04, 4-8-2013) Secs. 22-353—22-355. - Reserved. DIVISION 3. - SHORT TERM RENTAL USE [5] Footnotes: --- (5) --- Editor's note— Ord. No. , adopted January 11, 2021, renumbered div. 3 as div. 4. Sec. 22-356. - Purpose; applicability; definitions; compliance. (a) Purpose. The City of Dover wishes to permit the limited and temporary rental use of one family dwellings (residences) in established areas of the city as an economic asset, allowing for increased travel, visitation, and tourism and affording property owners of the opportunity to earn revenue from such occupancy, while ensuring that such uses do not become a nuisance, that neighborhood character is not compromised, and that such businesses are properly operated and maintained. The purpose of this division shall be to minimize public safety risks and public nuisances, such as noise, trash, and parking problems; to ensure that traditional neighborhoods are not turned into tourist areas to the detriment of long-term residents, and to ensure that individual dwellings are not turned into pseudo hotels or party houses. (b) Applicability. A short term rental use (STRU) shall be allowed in any one family dwelling as defined in Appendix B—Zoning, Article 12—Definitions of the zoning ordinance wherever such are allowed by right and do not require a variance or conditional use approval. (b) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Good neighbor brochure means a document provided by the owner to the guest or guests and containing: the name and telephone number for the owner; notification on standards of behavior and occupancy relating to parking, noise, trash collection, waste disposal, street maintenance, snow removal, and public safety services and including contact and Page 68

Página 69

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 42 web access information; and such other information as the city may from time to time prescribe. Guest or guests means the individual or individuals securing the short term rental use for the purposes of staying overnight. Owner means the person or persons holding legal or equitable title to the property being offered as a short term rental use. Short term rental use (STRU) means rental of all or a part of a residential one family dwelling unit which is made available by agreement for a residential occupancy by a tenant in exchange for compensation for a duration of a temporary occupancy of less than 30 days. Rentals of 30 days or more shall comply with the provisions of divisions 1 and 2 of this chapter. Lodging houses as defined in article IX, section 22-281 is not included as short term rental uses under this division. (d) Compliance. No person shall operate, offer for occupancy or let to another for occupancy as a short term rental use any dwelling which is not in compliance with this article or any other applicable codes. (Ord. No. 2020-05, 1-11-2021) Sec. 22-357. - Registration and inspection requirements; inspection required for life safety and building purposes; short-term rental use license required. (a) The owner of any dwelling proposed for a short term rental use must obtain an annual short term rental use license. (b) An inspection by the city code enforcement office shall be required to determine compliance with property maintenance and all other applicable codes. Any items in non- compliance shall be remedied before a license is granted. The inspection shall be required the first time a license is issued and may be required at renewal at the discretion of the code enforcement office. The rental license must be kept current during anytime the dwelling is offered as a short term rental (c) The license shall be valid for up to one year and must be renewed no later than January 31 of each year of continued operation. (d) The short term rental use license must be clearly displayed inside the dwelling along with any state licenses or permits. (e) The short term rental use license may not be transferred to any party except heirs and assigns and shall be void upon transfer of ownership of the property where the short term rental use is located. (Ord. No. 2020-05 , 1-11-2021) Sec. 22-358. - Owner obligations. An owner of a dwelling seeking to use a property as a short term rental use shall comply with the following obligations: Page 69

Página 70

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 43 (1) The owner of the property being offered as a short term rental use must be a resident of the city. Determination of residency shall be based on meeting city voting residency eligibility. Such owner may offer for short term rental use only that property which is the owner's primary residence. (2) A property not owned by a resident of the city shall not be used as a short term rental use. Such property shall not be used for overnight accommodations unless such property qualifies as a bed and breakfast inn pursuant to Dover Code, Appendix B— Zoning, Article 3—District Regulations. (3) A good neighbor brochure must be provided in the dwelling listing city provisions as required. (Ord. No. 2020-05 , 1-11-2021) Sec. 22-359. - Limitations on occupancy and use. (a) The number of guests 12 years and older permitted at any time shall not exceed twice the number of bedrooms (i.e. three bedrooms × two = six occupants), with a maximum of 12 individual occupants of all ages at any one time regardless of the number of bedrooms available. (b) No more than one extra vehicle per bedroom shall be allowed, not to exceed six extra in total; all parking shall comply with all requirements relating to street maintenance, fire access, parking on paved surfaces, trash collection, obstacles to travel, or other requirements. Violations shall be ticketed offenses. (c) Signage identifying the short term rental use, if desired, shall be limited to one sign, mounted on the dwelling, not illuminated, and not to exceed one square feet in size overall. A sign permit must be obtained for any desired sign. (d) Access to a full bath must be provided. (e) Guests shall be prohibited from further subletting the dwelling. (f) Weddings, graduation parties, corporate events, commercial functions, large gatherings, or other special events associated with the STRU shall be prohibited unless a city special event permit shall have been granted for a specific activity and date. (g) The owner has the responsibility to not knowingly allow any illegal or criminal activity on the property nor permit the guests to create a public nuisance including, but not limited to, creating noise, causing odors, permitting an unsafe condition, maintaining a disorderly premise, generation of trash, or other behavior which unreasonably disturbs the peace, safety and general welfare of the neighborhood as provided in this chapter and pursuant to Chapter 70—Offenses and Miscellaneous Provisions, Section 70-8— Disorderly Premises and Chapter 42—Environment, Section 42-2—Noise of the Dover Code of Ordinances. (Ord. No. 2020-05 , 1-11-2021) Page 70

Página 71

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 44 Sec. 22-360. - Enforcement, fees and penalties, reporting. (a) Short term rental license. Payment of a short term rental use license fee as set forth in Appendix F—Fees and Fines is required annually beginning January 31 of each year; the fee will be prorated for a partial year. (b) Failure to register and obtain a license. Penalties fines for failure to register and obtain a license shall be as set forth in Appendix F—Fees and Fines. (c) Penalties for violations. Penalties for violations of Division 3, Short Term Rental Use, shall be as set forth in Appendix F—Fees and Fines. (d) A dwelling cited three times by the Code official or by any city department as a nuisance or the location of illegal or criminal activity within any consecutive 12-month period shall have its short term rental use license suspended for not less than the rest of the license year or a longer period up to permanently. (e) The owner shall voluntarily report to the city annually documenting the occupancy and frequency of rentals obtained, such report to be completed by January 31 of the following year as part of the license renewal and for the purposes of building a database of STRU activity and economic impact, not for enforcement or tax purposes. (Ord. No. 2020-05 , 1-11-2021) Sec. 22-361. - Enforcement, notice and appeals. Enforcement of violations of this division shall be as set forth in Chapter 22—Buildings and Building Regulations, Chapter 42—Environment, and Chapter 70—Offenses and Miscellaneous Provisions of the Code of Ordinances. (Ord. No. 2020-05 , 1-11-2021) Secs. 22-362—22-380. - Reserved. (Ord. No. 2013-04, 4-8-2013) BE IT FURTHER ORDAINED: That Appendix F Fees and Fines, Chapter 22 Buildings and Building Regulations be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: APPENDIX F – FEES AND FINES Chapter 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) Page 71

Página 72

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 45 Sec. 105.5.1. Expiration; Additional 180-day extensions may be $25.00 per 180-day granted with payment of a renewal fee extension Sec. 113.4. Violation penalties; Each day that a violation continues Fine of not less than shall 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 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; Page 72

Página 73

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 46 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 $50.00; $0.00 if demolished for the purpose of vacating the land for future condemned and development or 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 $20.00 per set of to doubling) plans 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. 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 Page 73

Página 74

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 47 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. (1) Lien. Any fines or fees imposed that remain unpaid shall: (a) Be added to the tax duplicate for the tax year said citation was issued by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process, and (b) Be placed by the city as specified in the municipal lien docket as a lien against the property on which the violation occurred. Sec. 22-251. Unlawful leases Page 74

Página 75

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 48 Subsec. (g) Violations; penalties First offense $100.00 Each subsequent offense 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. (1) Lien. Any fines or fees imposed that remain unpaid shall: (a) Be added to the tax duplicate for the tax year said citation was issued by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process, and (b) Be placed by the city as specified in the municipal lien docket as a lien against the property on which the violation occurred. Sec. 22-301. Generally Subsec. (b) Expiration; fee Annual permit fee $100.00 for the first ten rooms and $10.00 for each additional room. Annual dormitory permit fee $100.00 for the first ten rooms and $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 Subsec. (b) Reinspection fee (Not subject to doubling) First follow-up inspection $0.00 Each subsequent reinspection, per inspection $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. Page 75

Página 76

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 49 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 $200.00 Single-family attached dwelling, each dwelling $200.00 Subsec. (b) Multiple-family dwellings, annual permit Multiple dwellings consisting of three or less dwelling units $200.00 Multiple dwellings consisting of four or more dwelling units: For the first three dwelling units $200.00 For each additional dwelling unit in excess of three $50.00 Condominium units and accessory apartments located within $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 $200.00 annually, prorated for partial year Subsec. (b) Failure to register and obtain a license Not less than $100.00 or more than $1,000.00 (not prorated) in addition to license Subsec. (c) Penalties for violations Not less than $100.00 or more than $1,000.00 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, $100.00 minimum Page 76

Página 77

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 50 Subsec. (c) Removal of notice, each offense, 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 $1,500.00 years Buildings vacant for more than three years but less than five $3,000.00 years Buildings vacant for five years or longer $5,000.00 ADOPTED: NOVEMBER 28, 2022 CITY MANAGER'S ANNOUNCEMENTS Mr. David S. Hugg, III, City Manager, thanked Council for indulging staff with all of these Ordinances that are suddenly coming to them. Mr. Hugg explained that his team has been looking at many of the City of Dover Ordinances, trying to make them more effective, more flexible, and more contemporary. MAYOR’S ANNOUNCEMENTS Mayor Christiansen thanked and congratulated the Interdenominational Ministers Association, Habitat for Humanity, and the Dover Police Department for feeding hungry families less fortunate over the Thanksgiving holiday. Mayor Christiansen announced an upcoming holiday event: The Home for the Holiday celebration along with the Christmas tree lighting will be on December 1st, at 5:30 PM, out in front of City Hall. Mayor Christiansen stated that there is going to be a Winter Solstice Concert on December 2nd at 7:00 PM at the Schwartz Center. Mayor Christiansen stated that the Concert is going to be performed by Delaware State University Band and Chorus, and that should be a great event; the community is invited to that. Mayor Christiansen noted that on December 9th at 6:30, will be the Dashing through Downtown Dover, the Electric Light Parade. Mayor Christiansen reminded everyone about the gift of lights at the Woodlands at Dover International Speedway. Mayor Christiansen led members of Council in singing Happy Birthday to Councilman Neil. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Boggerty, At-Large Councilman, congratulated the Dover High Football team for completing the heartfelt task of making it to the championship game. They will be facing the team a little bit up north; we are not going to even mention their name here in our council. Mr. Boggerty stated special kudos to my son, who is coaching with Dover High, but Coach Knap and the rest of the coaching staff as well. Congratulations. Mr. Boggerty congratulated Dover’s own Delaware State University women's volleyball team, who appeared on ESPN in a heartfelt battle. They were the MEAC Conference Champions. The team will be heading to the NCAA tournament to face Page 77

Página 78

Item #4. CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 51 Nebraska, a very tall task, but nonetheless, our own town and our own schools will be front and center. Mr. Boggerty said congratulations to all those student-athletes in that endeavor. Mr. Anderson, Fourth District Councilman, explained that most of the announcements have been covered, but one that has not yet is the Winter Wonderland Delaware toy and coat giveaway, which will be at the Dover Library on December 10th, from noon to 1:30 PM. Mr. Anderson stated that he would like to encourage anyone who would like to participate to register by dialing 211 and then option four. Mr. Anderson noted that residents should pre-register if they can and that there are definitely places, that are part of the fourth district that have contributed towards that. Mr. Anderson congratulated his colleague, Councilman Boggerty, and asked if this is his first piece of legislation that was passed. Mr. Anderson asked if there is appropriate hazing or something that goes with that. Mr. Taylor, Second District Councilman, explained that he is accepting toys for Toys for Tots. Mr. Taylor explained that if there were anyone who would like to contribute to such a fantastic program, to please have their toys still in the packaging so that they can go forward with it at that particular time. Mr. Taylor encourages all of their citizens to please come to the Safety Advisory and Transportation Committee meeting tomorrow. Mr. Taylor noted that they are going to be discussing the loitering ordinance and for residents to please come out to hear exactly what it is and how it is to be implemented. Mr. Rocha, First District Councilman, wished a happy birthday to his friend, Councilman Fred Neil, and congratulated Councilman Andre Boggerty and his fiancé Carol on their upcoming nuptials. Council President Sudler wished everyone Happy Holidays and safe travels. Meeting adjourned at 7:21 p.m. ANDRIA L. BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of November 28, 2022 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB S:\AGENDAS-MINUTES-PACKETS\COUNCIL-MINUTES\2022\11-NOVEMBER 2022\11-28-2022 REGULAR CITY COUNCIL.DOCX Page 78

Página 79

Item #5. COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on November 29, 2022, at 6:00 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 Dr. Jackson (Safety, Advisory, and Transportation), Mr. Shelton (Utility), Mr. Shevock, and Mr. Contant (Legislative, Finance, and Administration). Mr. Hosfelt ((Safety, Advisory, and Transportation), and Mr. McCutcheon (Utility) were absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee met with Chairman Taylor presiding. Adoption of Agenda Mr. Taylor moved to defer Item #1 on the Safety, Advisory, and Transportation Committee Agenda – Quarterly Briefing on Dover/Kent Metropolitan Planning Organization (MPO) Projects until the January 24, 2023, Safety, Advisory, and Transportation Committee Meeting. Mr. Neil moved to adopt the agenda as amended to defer Item #1 on the Safety, Advisory, and Transportation Committee – Quarterly Briefing on Dover/Kent Metropolitan Planning Organization (MPO) Projects until the January 24, 2023, Safety, Advisory, and Transportation Committee Meeting the motion was seconded by Mr. Anderson and unanimously carried. Proposed Ordinance #2022-26 – Amending Chapter 70 by adding a Section 70-12, Loitering Mr. David S. Hugg, III, City Manager, and Chief Thomas Johnson, Dover Police Department, reviewed the background and analysis regarding Proposed Ordinance #2022-26. Staff recommended approving the Ordinance for First Reading at the December 12, 2022, Regular City Council Meeting. Mr. Hare moved to accept the staff recommendation. The motion was seconded by Mr. Sudler. Responding to Mr. Boggerty, Mr. Hugg stated he believed the City Solicitor had reviewed the Ordinance. Responding to Mr. Boggerty, Mr. Hugg stated that the nuisance ordinance and the loitering ordinance are companion ordinances. The nuisance ordinance covers how people take care of their property and how they interfere with other people’s use of their property. The loitering ordinance addresses how an individual acts or behaves on public or private property. Page 79

Página 80

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 2 Responding to Mr. Boggerty, Chief Johnson stated that the language of high crime area is found in the state statute as one of the elements for an officer to consider when he or she is doing a loitering investigation. That high crime area has no connection to any specific geography in any municipality. Almost all decisions are data-driven, that’s why there are crime analysts and reports that get pushed out. So, the officers understand where the violent crime is, and where the quality of life is, they have a truer understanding of those “high crime zones” and they are in a state of flux. Chief Johnson continued to state that wherever the recent and compelling data might live, this language allows the changes in the data landscape to not ever conflict with the law that they are trying to enforce. The word high crime area would be viewed as whatever their current data now would suggest. Responding to Mr. Boggerty, Chief Johnson stated that the existing loitering language at the time when there was no thought about repealing or relocating the language was in the parks section of the city code. With that being the adopted loitering statute in the city, the elements of the state loitering statutes appear to be harnessed in that first document that they all looked at 13 months ago to try to create a companion ordinance so that the elements of the state statute could be applied locally without state-level consequences. Chief Johnson continued to state that now that they are doing all the refreshment relocations, looking at the language, excluding things that are either repetitive or that they are not comfortable with. For example, the panhandling references are not in the City’s loitering ordinance because there is a separate ordinance for panhandling, and no need to state that twice. Chief Johnson noted that what remains are the elements of the state statute, which has all the comfort of being court-tested and effectively used all over Delaware, except now they have it in a local offense that is simply a ticket and something that can be addressed at a minor level if the overall situation would warrant that. Responding to Mr. Rocha, Chief Johnson stated that the language he referred to does not necessarily have to be in there. The language was modeled after the state ordinance. Chief Johnson continued to state that they reflected very closely on what the state did, and in the discussions with staff, they got the sense that council was comfortable with the idea that previously court-tested language would be desirable and not go too far outside of that. Mr. Neil stated this is the most difficult thing that council and the Police Department have to deal with every single day. Council is creating a law that came from the cries of businesses who threaten to leave, whose businesses and equity of their businesses are dying and threatening the heart of the downtown area. Mr. Neil stated that council is in the process of developing a Master Plan, hopefully, early next month they will get the first look at that, and what it is going to be. At the same time, he recognizes the points that Councilman Rocha has brought up. It is a constitutional problem of abuse of a law that would damage the individual and the constitutional rights of that individual. Two of the members of council took the brunt of that by saying “We are going to try to save downtown, the downtown businesses because these people are being hurt financially and they could go out of business, which hurts the city financially and hurts what we are trying to do with the downtown.” The compromises that have been developed, have been developed using a lot of the state language to make sure that they are not abusing it. The second thing is that council and the Chief must make sure that the officers do not abuse it. It is not set up for that and council has been through that. Mr. Neil supports this because he thinks it is necessary to tell people who want to do business in this city and downtown that they are there to protect them. Otherwise, you Page 80

Página 81

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 3 are saying “Look, let the rebel decide what the future is going to be.” That is not what government is about. Council is there to protect people, and individuals, so that they will come down and feel comfortable at events and even in the evening, when we have things that are happening and stores are open. Mr. Neil stated that is their job to see if they can make that happen. Two members of this council have worked very diligently to make it happen. Mr. Neil salutes them, will support this, and will vote for this ordinance. Responding to Mr. Sudler, Chief Johnson stated that he thinks he speaks for both of them when he says he did not know what dawdling was until it was before council 13 months ago. Chief Johnson continued to state that he remembers looking up the definition of it. Dawdling had more to do with circulating in a zone as opposed to being in a fixed position, where loitering kind of was specific to a spot. That might be the only difference between the two words, dawdling kind of has a wider area of roaming, but it is still a general geography as opposed to a fixed point. Responding to Mr. Sudler, Mr. Hugg stated that he supports this language and supports this ordinance. The Chief and he together and independently went through this ordinance, asking themselves the question of whether they are achieving what they want to achieve. Are they treating the people who might be affected by this ordinance fairly, not making them criminals because they were standing on a street corner unless there is some other criminal activity going on? Responding to Mr. Sudler, Chief Johnson stated that he is also in support of this ordinance, as this provides an additional tool in the toolbox for his officers. This ordinance does not offer any enforcement power or statute to take action that does not already exist in state law. He would suggest the mindset of any officer that would be approaching a loitering situation will be to apply the kind of discretion that he thinks the community of Dover would want them to apply, whether they are thinking about the local ordinance at the time or the state statute. Ms. Engle stated, On October 26, 2021, the dawdling ordinance was heard here at a Council Committee of the Whole Meeting. Mr. Hare moved to table that ordinance, that vote was unanimous, and it has remained tabled until this time. At the September 27th, 2022, Council Committee of the Whole Meeting, Chief Johnson did a presentation regarding loitering. In this presentation, he showed the state-approved court-tested language. Ms. Engle stated that she believes that this committee recommended referring to staff to draft the Loitering Ordinance that is before them now. That was a unanimous vote by this committee. On October 24th, there were questions about the Nuisance Ordinance. This is in the same section of the code, Ordinance #2022- 15, Chapter 70, Offenses and Miscellaneous Provisions, Section 70-9. So, the Nuisance Ordinance will be just before this ordinance in the city code. Mr. Anderson stated that he believes this ordinance is a vital tool to have in their city government. Mr. Anderson continued to state that it will help not only downtown and downtown businesses but people all over the city. The laws exist and council could make changes if they want to. If a minor change makes someone more comfortable, Mr. Anderson noted that he is fine with that. If council does so, understand that the state law can not be changed by them and will exist as it is. Council voted unanimously to draft this; it is exactly as they saw with some provisions taken out. Mr. Anderson noted that the only word that has been added is camping in the parks is unauthorized. This will provide a lower-level opportunity if someone has made a mistake it will not follow them. Page 81

Página 82

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 4 They will be able to enforce the law with a sense of mercy as well as justice so that people are not hemmed up five years later with an arrest record. Ms. Arndt stated that she was not comfortable with the Dawdling Ordinance but appreciates Councilman Taylor and Councilman Anderson getting council started towards addressing crime within the city. Ms. Arndt feels that something needs to be done and that they are moving in the right direction. The Chief gave a presentation at the September Council Committee of the Whole meeting and the fact that there would be a fine, but no time or permanent record was comforting. Ms. Arndt is concerned with whether council has engaged the public enough to express their concerns. Ms. Arndt thought there would be more communication with the ACLU, the Police Chief’s Advisory Committee, and the public. Responding to Ms. Arndt, Mr. Taylor stated that this was heard at the Police Chief’s Advisory Committee meeting. Dr. Jackson is the Vice Chair and saw it through the committee to ensure other people were hearing about it. Responding to Mr. Boggerty, Chief Johnson stated, the state-level ordinance is being relied on since it was discovered that the loitering ordinance that Dover has only covered the parks. Chief Johnson stated that the loitering ordinance is effective. About five months ago there was a report of an officer who went through the steps of addressing somebody loitering on New Street. The person initially complied and left the area but within ten minutes they were right back in the same spot. Chief Johnson explained that they got out and took the next steps because there was a persistent situation, and a firearm was recovered. The local ordinance is being adopted in as much harmony with the state statute and will make sure that there are no confusing moments in the mindset of the officers that must rely on training in short circumstances. Dr. Jackson stated this ordinance has gone through the Police Chief’s Advisory Committee. Dr. Jackson asked if the Police Department has the capacity to be able to address the issue of increased calls of loitering. Responding to Dr. Jackson, Chief Johnson stated they are continuing to build capacity and that everyone is encouraged to call. Some calls may be triaged at high call volume times but if they want to see a police officer, they will get a prompt response. Chief Johnson is building more capacity to do more proactive enforcement as they go. When officers become assigned to the downtown unit those officers will rely upon this ordinance regularly to improve conditions on Loockerman and connecting streets. Responding to Mr. Neil, Mr. Taylor stated that he is correct, and if the city ordinance is passed it would not leave a record for the person as where the state ordinance would. Assistant City Clerk Engle read Attachment #1 – Letter to Dover City Council – Proposed Ordinance #2022-26 - ACLU and Attachment #2 – Letter to Dover City Council – Proposed Ordinance #2022-26 - Central Delaware NAACP. Responding to Mr. Sudler, Chief Johnson stated that yes, the current ordinance will reduce the penalties that are already in place via the state statutes. Page 82

Página 83

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 5 Mr. Sudler stated the ACLU and NAACP would need to approach the state and federal levels to make changes to this ordinance. The City of Dover aims to reduce the penalties, not increase them. Mayor Christiansen stated that it is very important to get a review by the City Solicitor for the protection of the mayor and council and the action that council takes on behalf of the citizens. Mayor Christiansen noted that moreover, to protect the police officers with an interpretation that all the i’s are dotted, and the t’s are crossed because these folks are the ones that are going to have to be enforcing this ordinance. It must be above reproach what is in that ordinance and what their responsibilities are. Council President Sudler made a motion of call for the question. The motion was seconded by Mr. Anderson and unanimously carried. Mr. Hare moved to approve Ordinance #2022-26 for the First Reading at the December 12, 2022, Regular City Council Meeting, recommended by staff. The motion was seconded by Mr. Sudler and approved by an 8-2 roll call vote. Prioritization of City of Dover State Capital Transportation Program (CTP) Projects (David S. Hugg, III, City Manager) Mr. Hare moved to recommend approval of the 2023 Transportation Priorities, as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried. Mr. Taylor moved for adjournment of the Safety Advisory and Transportation Committee, hearing no objection, the meeting adjourned at 7:15 p.m. Meeting adjourned at 7:15 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Ms. Arndt moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried. Annexation Request – Consideration of Utility Services for Lands of Craig, Keller, and Burkett: Three parcels on West Dennys Road (AX-22-03) Ms. Mary Ellen Gray, Director of Planning, Inspections, and Community Development reviewed the background and analysis regarding the Annexation Request – Consideration of Utility Services for Lands of Craig, Keller, and Burkett: Three parcels on West Dennys Road (AX-22-03). Staff recommended research continues on the availability and ability to serve these properties with City of Dover utility services (Electric, Water, and Sanitary Sewer). The Electric Department and Department of Water and Wastewater have no objection to its annexation. Page 83

Página 84

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 6 Mr. Hare moved to recommend research continues on the availability and ability to serve these properties with City of Dover utility services (Electric, Water, and Sanitary Sewer). 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. Boggerty and unanimously carried. Annual Review and Approval of Governing Policy for Energy Commodity Risk Management (Lori Peddicord, Controller/Treasurer) Mr. Sudler moved to defer the Annual Review and Approval of Governing Policy for Energy Commodity Risk Management to the December 13, 2022, meeting. The motion was seconded by Dr. Pillsbury and unanimously carried. Mr. Rocha moved for adjournment of the Utility Committee, hearing no objection, the meeting adjourned at 7:20 p.m. Meeting adjourned at 7:20 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. Update from the Dover Organization of Employees (DOE) on Membership Priorities (Matthew Brown, President of DOE Union) Mr. Matthew Brown presented a verbal presentation regarding an update from the DOE Union (Attachment #3). Mr. Anderson thanked Mr. Brown for his high compliment to council. Responding to Mr. Anderson, Mr. Brown stated that he does not know the exact ratio of what percentage of the union of 150 members that are in the current pension plan versus the 401/457 plan. Mr. Brown believes it would be a great benefit to an employee to have the state pension plan available to them. Mr. Taylor thanked Mr. Brown for his kind words and explained council is trying to figure it all out for all the unions. Mr. Taylor explained they do not know where all the money is going to come from, but they are grateful for everyone hanging in there. Approval of Grant Funded Sole Source Vendor – Flock Safety – Vehicle Identification System Cameras (Chief Thomas Johnson, Dover Police Department) Page 84

Página 85

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 7 Chief Thomas Johnson, Dover Police Department reviewed the background and analysis regarding the Grant Funded Sole Source Vendor – Flock Safety – Vehicle Identification System Cameras. Staff recommended approving the Grant Funded Sole Source Vendor – Flock Safety – Vehicle Identification System Cameras request. Mr. Hare moved to recommend approval of Grant Funded Sole Source Vendor – Flock Safety – Vehicle Identification System Cameras request, as recommended by staff. The motion was seconded by Mr. Sudler. Responding to Mr. Contant, Chief Johnson stated, the cameras would be new cameras, and as far as the technology that is under consideration. There has been a conversation with Advantech who is the consulting vendor, and they are going to reshape what we are doing to allow this to fit into the overall program. Responding to Mr. Contant, Chief Johnson stated, this will change some locations from the standpoint of this technology will allow them to hit some of the spots where there are power challenges and some other logistical hurdles. This technology is portable so if after installation the desired result is not produced it can be picked up and relocated. Mr. Hare moved to recommend approval of Grant Funded Sole Source Vendor – Flock Safety – Vehicle Identification System Cameras request, as recommended by staff. The motion was seconded by Mr. Sudler and unanimously carried. Discussion Timing and Content of Financial Reports (Councilman David Anderson) Lori Peddicord, Controller/Treasurer, discussed correspondence regarding the timing of the reports that are appearing on the council agendas. Ms. Peddicord stated that it has never been brought to her attention that there was a particular standard time that they were to be presented. Ms. Peddicord noted that she is particularly talking about the monthly report and quarterly reports. Ms. Peddicord stated that she is looking for direction on how that came about or if there is a huge concern or issue with when they are presented. Council President Sudler stated that he believes there is a past pattern of practice. Mr. Sudler stated that he would refer to Madam Clerk Bennett to indicate the past pattern of practice and any additional information for the committee to consider and review for their judgment. City Clerk Bennett stated that monthly reports are due for the first meeting of each month for each department. City assessors, City Council's Community Enhancement, City Manager, City Planner, Controller, Fire Chief, and Police Chief. Ms. Bennett continued to state that quarterly reports are due for the second meeting. Ms. Bennett explained that the Quarterly Revenue Reports as of December 31st would be the second meeting in January and then it would go accordingly at the end of the quarter. Ms. Bennett stated that they have recurring items on each Council Committee of the Whole as well as Regular City Council meetings. Ms. Bennett continued to state that when she double-checked with the former City Clerk, she told her that it had been in practice for as long as she could remember, it was not anything new. Ms. Bennett noted that these have been expected Page 85

Página 86

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 8 at the same time each month because when they started getting pushback, that was when she reached out to the former City Clerk to ask. Council President Sudler stated thanked the Clerk’s Office for clarifying any of the concerns for the Treasurer/Controller. Mr. Sudler noted that it is also within his seven years of experience that, that has been the pattern of practice previously. Ms. Sudler stated that he does not know if council wants to adopt a new practice. Mr. Sudler continued to state that if they do, that is why they are bringing it forth but that has been the pattern of practice to his knowledge as well. Responding to Mr. Anderson, City Clerk Bennett stated that he is correct and that is why this came up. Ms. Bennett explained that two months ago, Mr. Neil brought it up that the packets are already hundreds of pages long and that a finance report was roughly 37 pages additional. Ms. Bennett apologized and stated that there were three months that were pushed and there was an additional report which was roughly 30 pages and then it added over a hundred pages to council’s packet. Mr. Hare stated that his thing is maybe a mistake or some late information was coming in, but that this has been a policy that he has known since '91 and that it has worked for almost, what, over 30 some years that he has been aware of it. Mr. Hare continued to state that if there was a mistake or a late report, he is sure, well, maybe, he does not know, maybe there is somebody in the room that has never made a mistake or presented anything late. Ms. Peddicord stated that she did send council an email about some of her concerns. Ms. Peddicord noted that there were some reasonable practices regarding the monthly reports. Ms. Peddicord explained that the biggest concern she has was when the quarterly report came up and she was told that because it was not ready on the second meeting of October, it would then be presented in January. Mr. Peddicord stated that to her then the information is no longer valuable to council. Ms. Peddicord stated that it also kills employee morale because her team is very overworked and that she is just trying to get the direction of how council chooses to receive their information and whether it is timely or not. Mr. Hare stated that his experience and knowledge of working in Ms. Peddicord’s department are somewhat limited. Mr. Hare continued to state that he would trust her department's expertise to give council the guidance instead of them giving Ms. Peddicord the guidance on what is the best way to proceed with this if there is a late report or something. Mr. Neil stated that he reads everything that is in the packet and that the packets are always a month late. Mr. Neil continued to state that by the time they see it for the next meeting, it is a month late. Mr. Neil explained that when he sees it three months late, in other words, he would expect the last month would be at least current. Mr. Neil stated that he does not know what it is that Ms. Peddicord has to do, whether it's Tyler Munis or whatever they are working on, whether that is a problem. Mr. Neil explained that when he starts in one, then all of a sudden there is something there that is the next month is different, then the next month is different. Mr. Neil noted that if it is quarterly, the best way to present it is every three months but that to have it within the month of, at least not the current month, but the last month before the meeting. Mr. Neil stated that he would be satisfied and at least they have to know what that flow is. Mr. Neil stated just as he has to know what is happening with the Police Department, or with the Fire Department and their Page 86

Página 87

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 9 statistics bring it up. Mr. Neil explained that if Ms. Peddicord has a problem because she does not have enough help or something else that council does not know about it until she says so, and that she is saying so now tonight. Mr. Neil noted that basically if she has to do it every quarter, then present it every quarter, but on a timely quarterly basis. That the three months will be together so they will see exactly what the flow of the cash is that they are looking at. Mr. Neil noted that every other department is giving it to council, not that month, but from the month previous. Mr. Neil stated that is what council is looking at, that is what they are reviewing, and that is what we need. Mr. Neil continued to state that he does read it, he does make notes, and the Clerk’s Office knows that he makes notes because he will let them know if he sees something that becomes important. Mr. Neil noted that is their education and that is where they go to school. Mr. Hare stated that he is following up on what Mr. Neil said, the one remark that every other department sends their reports, well if Ms. Peddicord was giving council a report for just her department, he is sure they would be right on time. Mr. Hare stated that Ms. Peddicord has to give council a report for the whole city and if she does not get the information from all the other departments on time, then it could be a problem. Mr. Hare stated that one or two mistakes do not create a constant misappropriation or mismanagement and that she is very good about giving council if nothing else, the cash flow status reports so they know where they are. Cash flow status. Mr. Hare stated that he thinks their department does well, but as he said, it is not a report for just their department. They have to get it from all over the city. Mr. Anderson stated that he wants to be clear that this is not about any recrimination, it is all about how they get the timely flow of information. Mr. Anderson thinks that she raises a valid question that if a quarterly report is delayed, such as if they had an issue with the auditor and it delayed a quarterly report, council needs to see it as soon as they can. Mr. Anderson stated that the question he thinks about is, "How doescCouncil want to see that?" Does council want to have it emailed to them and then put in the next appropriate packet? Mr. Anderson noted that he does not find it useful to have a quarterly report and not see it for three months. Mr. Anderson explained that does not have useful information to council anymore and that is the question that she was trying to raise, he thinks the quarterly reports, maybe if it is delayed, having at the next available second meeting of the month is reasonable in his opinion. Mr. Hare stated that as Council President, he knows how imperative it is to have reports. Mr. Hare explained that their decisions, their packet, everything is based on a coordinated effort to have the knowledge that council needs to make the proper and educated decisions for the city. Mr. Hare stated that he is not out to put Ms. Peddicord on the cross, however, he is here to say that they need those reports. Mr. Hare continued to state that he concurs with Councilman Hare that he has not fallen short and that he has oversight at times where he has missed something. Mr. Hare noted that three months is too much for them and that it is too much for the city. Ms. Sudler noted that he also concurs with Councilman Neil that they need the information and that this is not a grandstanding moment. Mr. Sudler continued to state that this is a vital moment and that Ms. Peddicord holds one of the most significant positions in the City of Dover, Treasurer/Controller. Mr. Sudler noted that council needs to know what is in the budget tonight. Mr. Sudler explained that they are dealing with wage salary, they are dealing with money, they are dealing with, "When can council give some financial relief to our constituents who pay all of us?" Page 87

Página 88

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 10 Mr. Sudler noted that they work for the City of Dover and without their constituents, none of them have a job. Mr. Sudler stated that no matter how much increase you want in your pay, without them, there is no pay for the increase. Mr. Sudler continued to state that they need to know what they are looking at moving forward to make sound decisions. Mr. Sudler expressed that this is not personal, this is professional. Mr. Sudler stated that as Councilman Hare said, since what, '92 '91? Mr. Sudler noted that Ms. Peddicord is talking about morale, yes, it does affect morale. Mr. Sudler explained that he does agree with her a hundred percent because we have other department heads that are in compliance and then when they see another department head that is not in compliance, how do they justify that? Mr. Sudler explained that it was three months, not one month, not two months, three months, and not in compliance. Mr. Sudler noted that all they are asking is for the reports to be on time. Mr. Sudler stated that if there are variables that are unforeseen that they do not see, let council know ahead of time but say, "Hey, I am sorry things happen. This did not occur this month. I will catch you next month,” that is not going to work. Mr. Sudler explained the council runs this city, not one department. Mr. Sudler stated that he is going to tell everyone something that former Council President Slavin said to him, "Don't be hard on the person. Be hard on the issue." The issue is they are not getting what they need to make sound and educated decisions promptly. Mr. Sudler stated that he is not mocking you. I'm just saying, "Please, whatever they need to do as City Council to help her comply with that time frame, let them know ahead of time." Mr. Sudler continued to state that just saying, "Oh well this is what it is. This happened, this happened last minute," is not going to work. Mr. Sudler noted that this is not going to work under his administration as Council President. Ms. Peddicord stated that she has a list of things that she has brought up several times. Ms. Peddicord noted that she is going to run off a few of them. Ms. Peddicord explained that first, the timing of the month-end close and the issuance of that first monthly report and the last report for the fiscal year has never been timely within that following month. Ms. Peddicord continued to explain that this is because at the fiscal end close, there are accruals that must be accounted for that, if they did not report those expenses within the proper fiscal year, council’s reporting would not be accurate. Those two months take extra time to complete. Responding to Mr. Anderson, Ms. Peddicord stated that he is correct that June and July’s reports are delayed because of the closeout of the fiscal year. Ms. Peddicord explained that the loading of the data, the closeout of the year, and the collecting of information from other departments. That is included in the report as Councilman Hare explained. Ms. Peddicord noted that they are the hub and we collect the data from every department in the city. Ms. Peddicord stated that everyone's financial information is not all the time accurate, timely, and/or known to the finance department. Ms. Peddicord continued to state that to get reporting that is accurate to Council, they need time to get it from the individuals that have it. Ms. Peddicord stated that her point is, they are dependent on other departments in reporting the information accurately and timely to them. Ms. Peddicord continued to state that they collect the data and that they do not always have control over it. Ms. Peddicord noted that whether it is outside people, or inside people, they do not have everything in front of them. They are also working between two systems, as everyone is aware, she has explained how difficult this has been. Ms. Peddicord stated that she has explained how time-consuming it is and how much time has taken of every staff member of the city. Again, that is time-consuming because not only are they Page 88

Página 89

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 11 implementing a new system, they are not just dropping the information from the old system to the new system. The processes are documented and then they have to be updated. Troubleshooting has to occur, and some errors are reported that have to be corrected before accurate data can be provided to council. Ms. Peddicord stated that again, it does not just flow through the system by itself without any maneuverability and reporting of accuracy. Ms. Peddicord stated that she has requested year, after year, more staff. Ms. Peddicord explained that her staff is truly constraint-stricken not only because of our daily tasks but because of the implementation. Ms. Peddicord continued to explain that though everyone is not involved as a team member in the implementation, they are still involved in the data flow that comes from the new system. Mr. Peddicord stated that if they look back, she is going to guarantee that there has been no growth within her department for many, many years. Ms. Peddicord stated that she has been with the city since 2014 and there has been no additional staff added. Ms. Peddicord stated that there have been additional tasks assigned to her department and she thinks that she has been told that she is doing more than one job. City Clerk Bennett stated that another example was there was a report due in November that they had been waiting for that now has been pushed to after the first of the year. That email came through earlier that day. Mr. Taylor stated that he thinks Ms. Peddicord is doing a great job. Mr. Taylor continued to state that he thinks she is doing a fantastic job and he thinks a lot of work with minimal people. Mr. Taylor noted that one of the things they did discuss solution-wise was the system that they are using, the cumbersome system they discussed would allow them to bring some people in. Mr. Taylor stated that they even talked dollar amounts about it and asked where they are on that with them coming in assisting with some of that downloading of information, that data drop that they are referring to. Mr. Taylor stated that yes, they did hear Ms. Peddicord and that they know that there is a lot on her shoulders. Mr. Taylor stated that this information is imperative and is needed. Mr. Taylor asked what else can council do to help, other than, approve whatever dollar amount she needs. Mr. Taylor stated let us make sure they do not slip but if funds are available that she can bring in Tyler's people or is there another solution that they could go to. Mr. Taylor noted that they are listening and they are seeking solutions themselves. Mr. Taylor continued to note that he does not want Ms. Peddicord to feel like she is on an island by herself and that she is being attacked. Ms. Peddicord stated that in response to the Tyler system and the discussion they had about having their implementation team help them is specifically phases two-related. Ms. Peddicord continued to state that was to provide additional training and hands-on because they had had a huge turnover in the majority of the implementation team. Additional help was needed from Tyler to get those individuals up to speed on what their practices should be. Ms. Peddicord noted that they took advantage of that. As an example, they have a new Human Resources director and a new Human Resources Administrative Assistant who does all the data entry into both time and payroll systems. One is ADP, the legacy system and the other is the Tyler system, where the time is then pulled in and then calculates the payroll. Ms. Peddicord noted that she was not here during the original training and the implementation and the build of that system. They needed to obtain more training for her, more hands-on, "Come in, help her, tell her what she is doing wrong, walk through it with her because this is all new and they are ready to GoLive. Page 89

Página 90

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 12 Ms. Arndt stated that she feels like this discussion could have been an email and that she does not think that this is the appropriate forum for this discussion. Ms. Arndt thanked Ms. Peddicord for sharing her constraints with council and that she appreciates that information. Mr. Arndt noted that she does recall that she has tried to meet with council on several occasions and they have not scheduled that meeting. Ms. Arndt stated that she believes that would have been the opportunity to discuss these issues and for Ms. Peddicord to share with them her path moving forward. Mr. Hare stated that he is just following up on what Councilman Arndt said. Mr. Hare stated that he was going to make the same statement because he has discussed it with Ms. Peddicord when she got the email and said they should hopefully get to meet when the October report was not available for that meeting. Responding to Mr. Hare, Ms. Peddicord stated that she was told by the Clerk’s Office that the quarterly report would be presented in January. Ms. Peddicord stated that she does think that they ended up putting it on the agenda. Ms. Peddicord stated that again, I think this standard reporting of monthly reports, the first of the month quarterly reports, the second meeting of the month, at the month after the quarter end. That's the discussion. I guess they want to clarify that. Council President Sudler addressed Councilman Arndt and Councilman Hare. Mr. Sudler stated that he asked for a time and date to meet with Ms. Peddicord but that she did not provide that to the Clerk's Office. Mr. Sudler asked if there was a time and date that was provided to Council regarding that meeting. I would refer to the director of the clerk's office. Responding to Mr. Sudler, City Clerk Bennett stated no, sir. Mr. Anderson stated that he does not know if there are any recommendations, but that he would like to thank everybody for expressing their concerns and thanked them for communicating some of the challenges that are there. City Clerk Bennett stated that she would like direction from council and that Mr. Neil had brought it to their attention that they were putting multiple reports in. Ms. Bennett stated that they follow the recurring agenda items for Council and Council Committee of the Whole. Ms. Bennett stated that they were told that it goes into the next meeting but if there are set dates and set items, they go on the agenda. Ms. Bennett noted that just like the reports today, Mr. Anderson, the financial reports that were being pushed till after the first of the year, she understands that. Ms. Bennett stated that they were getting pushed back by council members for the time of the reports and that this is how this came up over this fall. Ms. Bennett noted that at one point they put three monthly reports in one and that the Clerk’s Office is doing it the way that it has always been done. Ms. Bennett stated that it has just been brought to their attention by council that this is an issue because it adds information to the packet that sometimes is not relevant due to it being three months in one packet. Ms. Bennett stated that council is not happy about getting multiple reports in one and that this was not about being punitive or anything. Ms. Bennett noted that her office is following what the Clerk's Office Manual says and that this is what council has set up as recurring agenda items for Page 90

Página 91

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 13 both meetings. Ms. Bennet explained that they have a process for the packets and everybody knows there are Department Head meetings in which they talk about the next agenda the day after the Council Committee of the Whole meeting. Ms. Bennett continued that they have only been here a year in the office but this is the way it has always been done. So it seems like there is a problem all of a sudden. Mr. Neil stated that this is a communication problem and that this is not a real problem. Mr. Hare explained that it is a communication problem because they know that there is a problem with Tyler Munis. Mr. Neil noted that they are not communicating back and forth. Mr. Neil noted that he is certain that if council were to receive a communication that said, "We have a problem because of," they would not be here at this particular point. Mr. Neil stated that in regards to that meeting, it is public so nobody will not question who said what. It's now a motion if it will be seconded. Mr. Sudler asked what are they going to meet on and why do they need 30-plus days? Mr. Sudler stated that he needs to know what they need to meet on because they already discussed one item out of the three or four items that she provided in the email. Mr. Boggerty stated that he is looking forward to a productive meeting. Mr. Boggerty noted that was not to say that they are not being productive. Mr. Boggerty stated that Ms. Peddicord has maintained her professional composure under heat and that he applauds her for that. Mr. Boggerty stated that he is not saying the reports are not important, but if you listen to the undertow that in all things there is project management, so there are steps and processes that, and Ms. Peddicord just expressly stated that she is preparing for a new launch or GoLive. Anybody who has ever worked with a GoLive situation knows the added stress that that is. Mr. Boggerty stated that he wishes that they would have responded and that she did point out some things. Mr. Boggerty noted that Council owned some of the lack of response, he is going to say it. Mr. Boggerty stated that council pushes, "Team Dover," but in his opinion, that is not berating our employees in front of the public. Mr. Boggerty noted that whether they are wrong or right, there is a way to handle it and that he is not happy that she is being handled this way in public for everybody to see. Mr. Boggerty stated that if she is wrong, we need to fix it. Responding to Mr. Anderson, Ms. Peddicord stated that it had been six or eight months ago since she had sent that email, but yes. Ms. Peddicord noted that she thinks they have tackled a number of the issues and that she finds it hard to do a good job for there is no dialogue with council other than on this floor. Mr. Neil stated that there are two things and that they have nothing to do with Ms. Peddicord’s professionalism and what she is doing. Mr. Neil stated that it is a communications item but that the communication item also deals with the Clerk's Office as to what is expected. Mr. Neil continued to state that if they can relax, what was done before does not have to be done before. Mr. Neil noted that it becomes part of the equation and that it is not an expectation. Mr. Neil explained that there has to be some flexibility because of the problems that she does have, in particular with the Tyler Munis that are happening. Mr. Neil stated that he thinks that they need to make sure that they are clear on what she needs and clear on what they need in terms to do their job. Page 91

Página 92

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 14 Mr. Sudler stated that since time is of the essence, the Clerk's Office has reached out to Ms. Peddicord plenty of times. Mr. Sudler stated council already offered Ms. Peddicord an opportunity to meet with them. Mr. Sudler stated that the Clerk's Office has done its due diligence and the council has done its due diligence. This is out of frustration; this is out of Councilman Neil stating they are not getting it in time. Mr. Sudler stated that he did not even know about it and that it was brought to his attention. Mr. Sudler noted that they should not throw the City Clerk's Office or himself under the bus. Mr. Sudler stated that the proof is in the pudding and that the Clerk's Office has reached out to her. Mr. Sudler stated that he is not built like that and that he speaks the truth. Some people can handle it, some people cannot. Mr. Rocha stated that the meeting that is being requested is not about throwing anybody under the bus, including Ms. Peddicord. Wipe the slate clean and let council do their part in listening to their employee without having her out here in public being ridiculed. Mr. Rocha stated that she is one of their employees, she works for council, and that he believes that the only way that they can solve any of these issues, is to have a forum where they can have an employer-employee relationship without being in front of the public. Mr. Rocha stated that he believes that they should move forward with a meeting so that they can iron out all the details, build a relationship with Ms. Peddicord and put together a process so that this does not happen again. Mr. Rocha noted that it is not about throwing anybody under the bus but that it is about getting together to solve the issues. Mr. Anderson stated that the idea of the meeting is to be solutionary and in a special meeting in January, it is open to the public. Mr. Anderson continues to state that by its nature, it will be a much more comfortable forum to be able to discuss the four issues that she had brought up that she wanted to share with city council, and they look forward to that. Mr. Neil moved to recommend approval of council by having a special meeting with the Controller/Treasurer to sit down and work out the problems that she is having and the communication issues. The motion was seconded by Mr. Boggerty and unanimously carried. Report on Wage Study (Sharon Duca, Assistant City Manager) City Manager Dave Hugg stated that this has been a bit of a journey for them as well as the employees, so he appreciates everyone being here. Mr. Hugg noted that he wants to just touch on a couple of things so everyone is on the same page going forward. Mr. Hugg stated that this is an update to council on the report on the wage study and that it is not a final report, it is not engraved in stone, and it is a work in progress. Mr. Hugg explained that they are at a point where they needed to come back to council to say this is what they have done in the last five months, this is where they see this taking them, and to start to build some credibility around the analysis and identify the costs. Mr. Hugg continued to state that their intent was for it to be fair and non-biased. Mr. Hugg stated that it was important to them that they look at this objectively, that it be data-driven, that they rely on comparables in the public sector, and that no hidden policy agendas are going into this study. Mr. Hugg explained that they looked at all 179 positions, 410 or so active employees and that everybody that works for the city including part-timers was looked at. Mr. Hugg stated that they did an analysis based on an average of the comparable minimums for similar jobs, and similar titles in other jurisdictions. Mr. Hugg continued to explain that they also made the point going into this study that it could be replicated by anybody who wanted to test the assumptions and test the data. Page 92

Página 93

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 15 Mr. Hugg stated that some of the data may or may not be what others would like to hear, and maybe some of it ultimately might be questioned, but they relied on the data that they were able to acquire. Mr. Hugg stated that a couple of other points were that there was no make-it-fit any dollar amount and that they did not know, quite frankly, until about a week ago even what the numbers looked like. Mr. Hugg noted that this was they were going to do the analysis, they were going to do the matrix, which is the size of a bedsheet, and they were going to see what that adds up to. Mr. Hugg stated that what they are going to hear tonight is a study that suggests that 186 employees are below the market minimum and are underpaid by whatever standard they want to look at. Mr. Hugg noted that it is an embarrassment to the city. Mr. Hugg explained that the premise going into this study was that the City of Dover, by not paying competitive wages, has a difficult time recruiting and a difficult time retaining qualified employees. Mr. Hugg continued to explain that it is not to their advantage at all and that the City needs to change that. Mr. Hugg stated that they know there are a couple of positions that people have raised questions about and that some of those may be policy decisions. They may not be strictly a numbers decision and those are things they are looking to Council to help guide them with. Mr. Hugg noted that they are still to be looking at all those crazy questions of how you pay for it, how you implement it, and when you implement it. Do you have to do it in one fell swoop or can you do it in pieces? Mr. Hugg stated that they do not have those answers yet but that it is part of this process. Sharon Duca, Assistant City Manager, stated that City Council authorized the City Manager to conduct a wage equity study at the Council meeting on July 11th. The City manager at that time had expected the study would take about six months. Ms. Duca noted that a management team was created which included the City Manager, herself, and Naomi Poole, the Human Resources Director and that they were assigned advisory members to the team which includes Councilman Boggerty, Councilman Hare, and Mayor Christiansen. Ms. Duca stated that they started with the establishment of the market area which was based one hour within the City of Dover. Ms. Duca continued to state that there were eight local governments chosen and they included New Castle, Kent County, Sussex County, Newark, Middletown, Smyrna, Milford, and Seaford. The study reviewed all active positions that were on their roster as of July 1st, 2022, as well as some others that are part of progressions within the city. Some may not be filled right now, but they could be filled in the future. Ms. Duca noted that the positions that were compared were those that appeared to be like or matched the City of Dover. Ms. Duca explained that a spreadsheet was created to compare the job titles and that a thorough comparison of job descriptions was performed, although some were used for clarification purposes as they went through. Ms. Duca continued to explain that there were a total of 179 positions that were reviewed representing 410 active employees as of the September 12th, 2022 snapshot of the data in the ADP system. Comparables were not available for 24 positions, in which case scope and responsibility were compared to other City of Dover positions. Meetings were held with department heads in August regarding the comparisons that were made to date and additional job descriptions were pulled for review as a result of these meetings. Meetings were also held with union representatives in September. Ms. Duca stated that there was clarification on certain comparables that were performed. Ms. Duca continued to state that it is important to note the concerns of staff, of which IBEW can be an example. Ms. Duca explained Page 93

Página 94

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 16 that they used local governments to compare to the City of Dover, and the current IBEW does tasks that are not within the scope of other local governments. Ms. Duca noted that they are more competitive with the private sector. The State of Delaware was also not used and part of this was also the reason why 24 positions did not have matches. Like in the IBEW, the city has some that do not exist in other municipalities, so that is important to keep in mind as they go through this. Ms. Duca went through her PowerPoint presentation with the Council. Ms. Duca stated that after the comparables were laid out for each position, the average minimum was then calculated and then used to determine the new pay scales. The pay scales are not newly created and they are based upon existing pay scales positions. Ms. Duca noted that they were just moved from one grade to another rather than creating a whole new system. Ms. Duca explained that they then were compared with each other to look for equity based on organizational hierarchy and progression within positions. Just as a note, the wage requirement of $15 an hour that is set for 2025 was taken into account during this study, rather than trying to go through that again six months or a year from now, they are trying to reflect it now. Ms. Duca stated that as she had mentioned, the organizational hierarchies were compared to look at the different pay grades for the staff or the proposed pay grade. One of the examples of what they are looking for is to make sure that supervisors are making more than direct reports and that their certain positions have a line of succession like MEO 1, 2, and 3, where you want to make sure they are actually in order and not as skewed there. Ms. Duca explained that regarding the proposed pay grade there are only changes made to the DOE and non-bargaining because of the comparisons that were found for the FOP and IBEW, which as she mentioned earlier, there were some concerns there. Ms. Duca stated that the example with the organizational chart on it shows how we looked at the different hierarchies to make sure that the pay grade succession was in effect. Ms. Duca noted that they did that for each department. All of the department heads provided their current organizational structure so they could use that to lay out staff and the pay scales that lead to placing staffing grades. Ms. Duca explained that by moving all the positions into the new pay grades, they were able to come up with the new minimum for a pay grade, but not everybody started at the same time in the same staff placement. So it is important to look at placement in grade and they looked at a couple of different possibilities. Ms. Duca stated that just looking at the grade itself, was calculating how much it would take to get everybody to the minimum so that they get rid of the disparity there. Ms. Duca continued to state that it was then looked at to run different scenarios for placement and grade based upon years of service as the example that is contained within the presentation. Ms. Duca noted that there is some flexibility to be able to make some adjustments here and there. Ms. Duca stated that based on their system here, it was then determined that a cap would be placed on pay for placement purposes if the existing pay was greater than the proposed pay. Ms. Duca noted that the cap is not forever, it is just for the one time here, and that they would still be subject to raises and that type of thing. Ms. Duca stated that with the formula that they have, they would be looking at the proposed payment. The percent increase would give them the placement in grade and then the placement in grade plus the proposed minimum pay would equal their new pay. Ms. Duca stated that there were some concerns in terms of some of the numbers on the other one, so they chose to be a little more straightforward. The first example is if your existing pay is $55,000, your proposed minimum is $50,000, 25 years of service, your percent increase is 5%. The placement and grade work out to Page 94

Página 95

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 17 be $2,500. The new pay would then be $52,500. In the example, the existing pay is greater than the new pay, so they would be capped at the existing. Ms. Duca explained that this also exemplifies how she had said that there is not a whole lot of range penetration in the proposal. They are looking at someone with 25 years of service and they are capped at their existing pay already. Ms. Duca stated that the second example is one where it has the same minimum pay, but an existing pay of $45,000, 4 years of service would get a 1% increase. The new pay would calculate to $ 50,500, and then their new payment would be established as it is greater than their existing pay based upon the calculation. Ms. Duca explained that moving everybody just to the minimum is almost $900,000. It affects 196 employees, but it does not address placement and grade, which affects years of service and that type of thing for the different employees. Ms. Duca continued to explain that a recommendation would be to move to a placement in grade configuration for staff. The example that was provided to council is approximately $1.2 million. It affects 227 employees as some of those other permeations come about. The greater separation between the percentages, the more employees are then affected. Ms. Duca noted that this is something that can be taken into consideration as part of this and that no staff member wages will be decreased. Ms. Duca stated that calculations do not necessarily reflect any raises that would be proposed for fiscal year '24 if this were implemented in '23. Ms. Duca continued to state that it is going to matter when it occurs to fine-tune the calculations as to what is going on. The calculations reflect salaries only and do not reflect anything related to benefit costs or overtime. Things such as title adjustments, reclassifications, new step progressions and the like should be evaluated as part of the budget process. Mr. Hugg stated that one of the questions that the participants in the study asked was how the city would fund it. Where do we find the money? What can we do? Mr. Hugg stated that is something that they are still working on. There are reserve funds of various types that the city has. Mr. Hugg explained that some of them have bond covenant relationships and so they may not be able to use those funds even if they are there. Mr. Hugg stated that some of them have threshold percentages and that when they did the budget presentation this year, he had asked to reduce the carry forward percentage to lower it and council did not want to do that. Ms. Hugg noted that there may be some reserve accounts that council has some ability to readdress. Mr. Hugg explained that we can hope that some windfall monies come to the city in fiscal year '22. For example, the city experienced a couple of very large real property transfer tax revenues. Mr. Hugg noted that you cannot count on them, and you cannot predict them, but it is likely that sometime during the year some major property in the city will get transferred and the city will get a property tax or a real property transfer tax infusion. Ms. Hugg stated that as he has reported to council, the city has a property offered for sale in Garrison Oak Park. Disappointingly, a settlement that was scheduled for November 20, 2022, fell through because of the change in the Federal Reserve interest rates that made the project not profitable for the individual. Mr. Hugg explained that the good news is he has another contract on that piece of property, but he does not have a settlement date. So, there is a possibility that there will be some funds from a variety of sources Mr. Hugg stated that he hopes that the city will do a little better this year in terms of revenues than they forecasted when they came before council six Page 95

Página 96

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 18 months ago. Again, that is not a hard number at the moment, but it is something that he has asked the budget folks to go back, really kind of look at each of the revenue streams and look at their ending balance, beginning balance, kind of recheck those numbers. Mr. Hugg explained that as Councilman Anderson knows, the city enjoyed a brief period when actual gas prices fell from the eight or nine-dollar range to the five-dollar range. They are back up to seven now but there could be a little bit of additional revenue that comes from that standpoint. Mr. Hugg stated that if council were to say, yeah, we want to do it, then the real question comes, when do you want to do it? Mr. Hugg continued to state that if they do it in January, it has an implication but if they do it in March, it is cheaper because the new rates do not apply for as many months in this year. The $900,000 is an annualized number and it reflects a 12-month salary cost. Mr. Hugg noted that whenever it is implemented, it will be varying amounts of impact. Mr. Hugg explained that there are some capital projects and capital investments that perhaps don't have to get done this year, we could go back and look at a couple of them. We were advised, for example, that Ford will not release three new trucks for the City of Dover in the same calendar year, so we may have a capital investment or two that gets postponed. We could capture any salary savings that are out there as a result of vacant positions and reallocate them to this function. So there are several techniques that we're looking at. Mr. Hugg stated that what they are asking for tonight, is for council to say, yeah, we like the approach, we like how they have put this together. Go back and make sure that if some questions or adjustments need to be made, make them, and figure out what it would cost to implement it say January, March, or July, and then be a little precise on the numbers. Mr. Hugg noted that he does want to emphasize again to everybody that this is an update and that it is not a final plan. Mr. Hugg stated that there is room here for reconsideration of not a whole lot, but reconsideration if there are a couple of issues that they need to look at. Mr. Hugg continued to state that they cannot start over with a different approach, well at least if they did, it would be another five or six months probably. Mr. Hugg noted that there is room for discussion. There are some policy questions that council will be potentially asked to make. Mr. Hugg stated that while their formula-driven, data- driven analysis says A plus B will equal C, there may be some policy reason why A plus B equals C plus, and those things will bring to council as they build them out. Mr. Anderson thanked the members of the team for all of their tremendous work. Mr. Sudler thanked Team Dover for their effort and for putting this together. Mr. Sudler stated that in regard to the flexibility, his biggest concern is there may be a concern in regard to what someone is making today who has been with the city maybe five to ten years versus someone who has been here ten to twenty years. Is there a way that they could look at trying to compensate them for the tenure or their experience or has that been in consideration? Mr. Sudler stated that he does not know if they looked at the duties of their current position for those who have been there ten to twenty years versus someone who has been there five to ten years, but how can they address that to make sure that they know that they are valued? Ms. Duca stated that in terms of coming up with the range penetration or the place in range, she has started running scenarios such as 1% per year of service or getting them to the midpoint Page 96

Página 97

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 19 depending on their years of service. Ms. Duca stated that there are many different scenarios that they can run and bring back to Council. Mr. Neil stated that to follow up on President Sudler's question, that was one of the things that they addressed in their meeting, is the people that had been here X number of years versus someone that has not. Mr. Neil continued to state that he thinks one of the major things we had discussed was bringing everybody at least to the minimum and then addressing what to do with the people that have been here ten years, fifteen years. Mr. Neil stated that is something they talked about and they just have to see more numbers when they are putting it together. Mr. Neil explained that he thinks one of the main things that they discussed was, first of all bringing everybody up to at least minimum and then going from there, having another alternative for someone that has been here three years, making $8,000 below minimum. Mr. Neil continued to explain that they would bring them up to a minimum and for someone that has been here fifteen years, what do you do for them? Someone that has been here twenty years, who did not want to be a supervisor and they are making X, but now someone has been here for eight years and now as a supervisor making more than them because they decided they did not want to be a supervisor. Mr. Neil stated that there are a lot of issues that they discussed with Councilman Boggerty, so there is a lot to be done but those are some of the main things getting everyone at least initially to a minimum and then proceeding from there. Mr. Neil stated that they have been receiving all kinds of information from their people who are concerned about things. Chief Carey is concerned. Mr. Neil explained that they have already agreed to parity for the dispatchers, Fire Department, and Police department. Mr. Neil stated that he would hope that if they agreed to that as they did at one of the council meetings, that would be carried out. Mr. Neil stated that this is a work in progress and that this is not something that is a done deal. Mr. Neil stated that they had heard from Jason Osika who is a very respected member of the team. Mr. Neil explained that Mr. Osika had several points that he brought up that should be considered. Mr. Neil continued to explain that a lot of the things that he said are being considered in terms of grade but that he thinks that they hear those and respond to them by the committee in terms of some of those things. Mr. Neil stated that they also heard from DOE regarding the Wage Study. Mr. Neil explained that it is a work in progress and that he is confident that they are listening to people, that they will hear them out, and to make sure that they are as fair as they possibly can be. Mr. Neil continued to explain that then they have to figure out how they are going to pay for it. Mr. Neil stated that they are talking about taking a vacancy and not paying it and using that for money when one of the problems is that they are creating a whole system to attract people into those vacancies because the city is not getting them. Mr. Neil noted that one of the biggest problems that they have is filling those spots. Mr. Neil stated that they should keep that in mind when they say they are going to take those salaries that are not being paid and use them to pay for the existing salaries Responding to Mr. Neil, Mr. Hugg stated that he is correct. Mr. Hugg stated that it is one of those kinds of Catch-22s. Mr. Hugg continued to state that if they did something like that, they would want to make sure that it was only for a limited period. Mr. Hugg explained that they want the Page 97

Página 98

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 20 concurrence of the department heads that they have been without X for some time. Mr. Hugg explained that it is not one he would necessarily recommend but if they get to the point that they say, "We want this done and I've got to find nickels and dimes to make it happen." There are ways to make it happen but they are not necessarily comfortable ways to make it happen. Mr. Hugg stated that he does want to comment because he knows Chief Carey came to see him the other day and he wants to explain how the discrepancy occurred that is in the report. Mr. Hugg explained that when they use a set of comparables, the criteria that they use for the comparable drives, are the average minimum wage. In the case of the Police Dispatchers versus Fire Dispatchers, it was brought to their attention that they had included in the Police Dispatchers a comparable that was not a public safety answering center Mr. Hugg continued to explain that there is a designation for 911 centers that not every place that answers a 911 call is a 911 center, by definition. Mr. Hugg stated that when you put those criteria against what they were looking at, they drop one municipality out, and that happened to be a lower compensated municipality, so the resulting calculation is higher. Mr. Hugg noted that is why he says this is data-driven. That is not an assumption, that is not something they have to do, but simply that is how it comes out. Mr. Hugg stated that if the council's prerogative is that they want to make them the same, that is fine. Mr. Anderson stated that he does want to point out something and that is, they said that they were having parity in the raises so that one group got a raise and the other group did not get one or got a smaller one. Mr. Anderson continued to state that they did not say they were going to make the positions have parity. Mr. Anderson explained that is something that they can discuss but that he wants to be very clear about what they have agreed to, because he does not want them to be said, they have an understanding that is different from what they had in the public vote. Responding to Dr. Pillsbury, Mr. Hugg stated that one of the things that they have to address is part of when it occurs. The DOE union and the FOP union had a fiscal 24 rate and that is something that is already agreed to, so that is not something additional. Responding to Mr. Contant, Mr. Hugg stated that it was probably a little bit of both. Certain positions are unique because nobody else has them except the State of Delaware, perhaps a private employer or whatever, which is critical to us when we started the study that everybody is compared to the same set of comparables with the same criteria. That ignores the fact that in the private sector there may be certain kinds of jobs that we have that maybe other municipalities or counties don't have and that may skew the final result and we just have to accept it. Mr. Hugg stated that part of the problem is the issue with the Fire Marshal, and he is going to pick on them that the City of Dover is the only municipality that has its own Fire Marshal. So, getting a comparable for the Fire Marshal from those folks that they believe they compete with, is not going to happen. It is a unique position. That is one of the policy decisions they are going to have to look at but he did not want to open this up where everybody came to them and said, "Well Joe, that works for George, and Lynch makes $25 more an hour to drive a backhoe than I did," because then somebody is going to come and say, "Well, yeah, but Mitton pays $37." Once you open that box up, they lose total control of the credibility of the report. Mr. Hugg stated that quite frankly that is the problem with the Seigal Study. The Seigal Study went in and cooked the books on certain positions because they did not come out where they wanted them to. Page 98

Página 99

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 21 Mr. Hugg explained that this is what they were worth based on the comparables that they used. Mr. Hugg continued to explain that they can talk about the comparables, but they massaged the numbers before they got to the policy questions. The policy question is, do they look outside for certain positions that they do not have comparables for? Do they look at positions that are reasonably close to each other in terms of what they do that may not have gotten the same rating because of the accredited answering center or something? Mr. Hugg stated that one of the next steps is they do need to address this placement in grade. They did this one to 5% just to get a sense of how that would work out. If the minimum is $40,000 a year, you have been here five years and you only get 1% which is a $400 difference, that is probably not an acceptable solution. Mr. Hugg noted that it is better than nothing, but that is about all it is. So, they will be looking at other kinds of ways to figure out how to move people in and integrate. Mr. Hugg stated that he does not know that there are very many positions other than the handful they have talked about that anybody has questioned. Mr. Hugg continued to state that the matrix is open in the event that somebody comes back and says, "You really just…" Mr. Hugg then stated that he will give Council an example. One that got corrected when they were looking at auto mechanics. The City of Milford was on the list of comparables, say somebody called an auto mechanic, but when they look at what that auto mechanic does, he is a Jiffy Lube employee. They change the oil, the wiper blades, that is it. So, that position, that particular comparable was removed because it was not comparable. There may be some of those that they need to adjust. Responding to Mr. Contant, Mr. Hugg stated that he is basically looking for direction from council and then coming back to them with an update number two. Mr. Hare stated that as a follow-up to what Mr. Contant said, they did not just say, "Oh, well we think this is what it should be." They did comparables like it was in the report. Mr. Hare stated that they compared Delaware instead of as in the other report because it does not matter what they make in Maryland to finagle some of the positions. Mr. Hare explained that his position has always been, if you think they make more in Frederick, Maryland than they do here in Dover then go get a job in Frederick, Maryland. Mr. Hare stated that his thoughts were that if somebody has been with the city ten years and they are making $3,000 above the minimum and someone who has been here two years, they are going to get $8,000 raise up to the minimum. Mr. Hare continued to state that the person that is making $3,000 above the minimum that has been here ten years, maybe they get like one and a half percent per year for those ten years. So, they would get a 15% increase which would put them up. Mr. Hare noted that he thinks that what was done was good and that he thinks they did something with equity. Mr. Hare explained that a lot of the positions they have in the city are making more than the positions in all these other ten that they compared to. Mr. Hare stated that it is not going to require something there because they are already above what the other cities are making. Mr. Hare continued to state that he thinks it is good to let Ms. Duca continue to do the work that she is doing to come up with some type of an equity increase for people that have been here a length of time and to let her continue to come up with an idea, such as his. Mr. Hare noted that maybe it should be one and a quarter percent a year because they have been getting the raises but to let them see what they come up with and bring it back to council. Mr. Page 99

Página 100

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 22 Hare stated that they did what they felt was right for the people, the employees of Dover, and bringing everyone to the minimum that is compared to ten other locations in the state. Mr. Taylor stated that was a great job, it is an outstanding start, and for them to continue doing their due diligence. Mr. Taylor continued to state that they should address the outliers, carefully review the implementation processes, make the tough cuts, when need be, and make our people whole. Mayor Christiansen stated that this is quite refreshing, this report that they worked on, and that he is not going to say that because he was part of the process. Mayor Christiansen stated that this is the first time that they have done a wage and salary study that has come back and recognized the people that are in the trenches that are doing the work. Mayor Christiansen explained that he would hope that they can move forward, check out the disparities that they have in some of the job classifications and come up with a rapid method to reward those who have the length of service. Mayor Christiansen noted that they should also put this in effect as soon as possible. Responding to Mr. Sudler, Mr. Hugg stated that based upon the information he had, the MOU information, the actual rates are the same as the fiscal year 24’. They were both set up for fiscal 24’ at the time. Mr. Hugg continued to state that their contract has those rates in it right now, regardless of the MOU. Mr. Boggerty stated that he just wanted to thank them for the opportunity to serve the most important people in the City, the staff and the employees. Mr. Boggerty stated that they are working. Mr. Boggerty explained that it may not be everything they want, but they are not just sitting on their hands. It is a start, a great start really, that there are some other avenues that they are looking at and he looks forward to continuing the process. Mr. Boggerty thanked Councilman Hare for his wisdom and looks forward to continuing working on the process. Mr. Boggerty asked everyone to be patient. If there was a big money tree, they would shake it and pay everybody but it is not, but they are going to do something. Mr. Hugg stated that he believes that they have achieved what they wanted to achieve at this meeting, which was to tell council what they have done, how they have gotten to where they are, and what the numbers are beginning to look like. Mr. Hugg continued to state that it sounds like their approach is one that council is comfortable with. Mr. Hugg noted that he is pleased to hear that council did not throw their hands up and say, "Oh my Gosh, it is going to cost too much," or anything like that, because he agrees with all the comments that have been said. This is critical to building and maintaining the team, and the quality of the team that they have and want to have going forward. Mr. Sudler thanked them for their hard work. Mr. Sudler stated that they should also keep in mind how important it is for additional training to allow other opportunities for individuals to grow within the organization, and to provide them with opportunities to advance to another level or new job description throughout the workforce. Mr. Sudler continued to state that he has heard that there are some skill sets such as welding and other things that they would like to do, that they are good at naturally. That could also save the city some money and also put some additional money in their Page 100

Página 101

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 23 pockets. Mr. Sudler stated that they should look at what they have internally, the skillsets they have internally so that the city can also promote growth and development within their organization. Chief Carey, Fire Department, gave comments about the Wage Study (Attachment #4). Kay Sass, AFSCME President, gave comments about the Wage Study (Attachment #5). Jason Osika, Fire Marshall, gave comments about the Wage Study (Attachment #6). Matt Brown, DOE President, stated that he did not have a prepared statement for this comment section because he honestly was not sure how it was going to be presented. Mr. Brown continued to state that he believes he is going to express the same concern that most people are going to express. It is the longevity equation of this and how they bring current employees into it. Mr. Brown noted that he has several ideas as well. Mr. Brown explained that the only thing he is going to ask is, they have reiterated their commitment tonight to what they are doing and that he cannot thank them enough for that. This is something that is not part of their contract and that it is not required to be done. Mr. Brown stated that they recognized the need and that they are moving forward to fix it. Mr. Brown believes that they are off to a good start. Mr. Brown stated that the only thing he is asking for is more inclusion of the unions or employees with the team, whether it is once a month, or once a quarter so that they can discuss some of the issues that have come to their attention, the longevity pay, how they are incorporating that. Mr. Brown continued to state that they are some questions they would have loved to have asked by now but maybe it was not appropriate, he is not sure. Mr. Brown noted that going forward, now that they have gotten the plan and assuming they move forward with it, he just asks that they are included in that. Mr. Brown stated that they have ideas that may not be their ideas that they may like better than their own. They may have ideas that are better than his, but collaboratively, he thinks that they can do it. Steve Newberry, Business Manager for IBEW Local 1238, stated that his union represents the employees in the Electric Department. Mr. Newberry stated that he appreciates what is going on with the wage study. Mr. Newberry noted that he has been representing the Electric Department since 1996, so he has been through this quite a few times. Mr. Newberry stated that the issue they have is the comparables. The comparables when they look at what the folks do here, especially the line and substation techs, these types of folks, are compared with the utility industry as has been stated early, which is mostly a private sector job. When they compare them to the City of Smyrna, Lewis, and Milford, they do not do the same things that these guys do every day. The only ones that could even come close are maybe Middletown, but when they look at the City of Dover with its service territory of over fifteen substations, he thinks Middletown has two or three. Mr. Newberry explained that these guys go out every day in gloves and sleeves, whether it is 120-volt streetlight or whether it is a 69KV transmission line. They do not do that in Lewis, they do not do that in Smyrna, and they do not do that in Newcastle. They do that at Delmarva Power and they do that at Delaware Electric Co-op. Mr. Newberry stated that to have a study that does not include these entities. Mr. Newberry stated that he has been through wage studies before and he sympathizes with these folks because he has been through it, and he was on one that took a year and a half. Mr. Newberry continued to state that everything is based on those comparables and how they weigh the data and everything like that. Once they decide all of that, then it is just a math problem. Page 101

Página 102

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 24 Mr. Newberry stated that his point is, and what he would ask council to consider is Delmarva Power, and these private entities, the co-op, are their competitors. Mr. Newberry continued to state that he has linemen in his shop in New Castle that were linemen here. Some linemen have left here to go there, and some linemen have left here to go to the co-op. Mr. Newberry noted that it is even going to get worse for the city when it comes to retention. Right now, half of his folks have a retirement pension and then the other half are on the 401k. The ones with the 401k are going to be the guys that go and the guys that have the pension, they are going to stay here and ride it out. Mr. Newberry stated that he looked back at 2012 because he stood up in front of not the council but the committee in 2012. Mr. Newberry stated that it was the same thought, that it is getting worse in the utility industry. Mr. Newberry noted that Delmarva Power, which he represents, is even having trouble attracting and maintaining, and it is something that the city is going to have to look at. Mr. Newberry stated that he is asking them to incorporate these private entities in this wage study. Mr. Hugg stated that he appreciates the comments and suggestions. Mr. Hugg noted that they were aware of most of them that could be an issue and they will certainly take a look at them. Mr. Hugg stated that he does not want to refute or challenge anything that anybody said. They are legitimate comments, and they will be part of the next report and again he appreciates them coming and being involved. City Clerk Bennet read an online question, “This is from Alexander Hoffman. With the current formulas and examples, someone who is hired this year at $19.46 an hour will end up making $68,535.18. Or someone who has been in that same position for five years and is currently making $23.20 an hour will make $61,130.38. Is this a known flaw with the current formula?" Mr. Neil moved to recommend that the Committee continue to work on the Wage Study and bring another report to Council. The motion was seconded by Mr. Sudler and unanimously carried. 911 Supervisor Position (Naomi Poole, Human Resources Director) Naomi Poole, Human Resources Director, stated that she was prepared to give a presentation regarding some concerns that were brought forth concerning processes. Ms. Poole continued to state that the concerns that were discussed were specific to the internal process and development of the emergency communication manager position, as well as the process associated with the new FOP, and MOU contracts. Ms. Poole explained that when she was creating her presentation, she noted that she could not speak to a lot of things because this is an open forum and that she feels like it would not do the conversation justice and would be confusing. Ms. Poole explained that her goal specifically in her role as an HR director is to ensure that the city is incorporating best practices within its policies and procedures. Best practices create consistency and most importantly, accountability. Accountability keeps the city honest and upholds them to the highest standards needed to serve in all their roles. Ms. Poole continued to state that they have some great folks working for the City of Dover who believe in this sentiment and she wants to ensure that they continue down this lane as they continue to tighten and redefine their standards. Ms. Poole stated that at this point, what she is recommending is to reconvene and discuss some of these concerns that have been brought forth so that they can have a full discussion, lay everything out so that they can all review concerns and include the parties that are involved in the concerns. Ms. Page 102

Página 103

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 25 Poole stated that the reason for that is that this is a personnel matter, and she does feel as though they need to uphold a certain level of respect towards that. So at this moment, what she is recommending is that we reconvene in an executive meeting, if possible, to discuss these concerns. Responding to Mr. Anderson, Ms. Poole stated it was to discuss the 911 Supervisor Position and also the MOU contract as well. Ms. Poole stated that out of respect, it is not the person, it is the position and the process. Ms. Poole continued to state that she just wants to make that clear that they are not talking specifically about the person because the person was not a part of the internal process involved. Mr. Sudler moved to recommend approval of staff recommendation to schedule a special meeting which includes an executive session with the Human Resources Director to discuss the 911 Supervisor position. The motion was seconded by Mr. Taylor and unanimously carried. Fraternal Order of Police (FOP) Memorandum of Understanding (MOU) (Naomi Poole, Human Resources Director) Naomi Poole, Human Resources Director, stated that the FOP MOU is also a part of her recommendation. Ms. Poole stated that it was the 911 Emergency Communications Manager position process and also the process of the MOU contract and how that went about. Ms. Poole explained that as well as a personnel matter she does think that should be an executive meeting as well. Mr. Anderson stated that for the personnel part, they can do an executive session. Mr. Anderson continued to state with the Memorandum of Understanding there are public implications to that and questions that he knows that he has and that he would like to get moving on this. Mr. Anderson noted that council does have a legal opinion on parts of this stuff, when it comes to the salaries, and the positions, a Memorandum of Understanding has things that they had not seen that just need to be discussed. Mr. Anderson explained that one of them has to do with updating the change order on the implementation of a motion that they approve publicly. Mr. Anderson stated that Council would have to at least do that part. Mr. Sudler asked how Ms. Poole feels about what Chairman Anderson just stated and if she is comfortable, if can she decipher or give a clear distinction without going into material that may lead to an executive session. Mr. Sudler explained that he knows that some time ago, they were trying to have this kind of conversation, then they all said it needed to be an executive session. Mr. Sudler asked Ms. Poole, as the HR director with the expertise, if can she decipher, and if there is, what the material is or the elements that she feels comfortable with that she does not feel would be eligible for executive session criteria. Responding to Mr. Sudler, Ms. Poole stated that she thinks it is a little difficult for her to decipher what to speak on and what not to speak on. Ms. Poole continued to state that she thinks she would rather just leave it for a time when she can just lay everything out so that they can discuss it properly. Page 103

Página 104

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 26 Michael Stafford stated that he is a special solicitor for labor and employment matters for the City of Dover. Mr. Stafford reminded Council that any questions they ask him in a public forum, they are waiving the attorney-client privilege concerning those answers. Mr. Stafford noted that council may want to consider that. Responding to Mr. Anderson, Mr. Stafford stated that he is correct in saying some things are required to be on the public agenda. Responding to Mr. Anderson, Mr. Stafford stated that concerning item six, if they are talking about specifically the approval, was the wage component of the MOU properly approved? Is it taking effect? Is additional action by council required? Mr. Stafford stated that he thinks that is for a public session but if they are talking about actions or inactions of city officials, they are getting into personnel matters, and he thinks that would be an executive session. Responding to Mr. Hare, Mr. Stafford stated that the legal question again that he was asked to answer was whether or not the MOU as approved was legally binding. Mr. Stafford stated that if council is asking me to answer that question in public, he will do it. Responding to Mr. Hare, Mr. Stafford stated that yes, the $239,000 that council approved was legally binding. Mr. Stafford stated that in Mr. Hare’s comment, he said they are coming back and asking for more money. Mr. Stafford noted that is not his understanding at all. Mr. Stafford stated that the question that Mr. Hare is asking is whether or not in the MOU, in the presentation, there was a costing error on the part of the city, not on the part of the union, on the part of the city. Mr. Stafford explained that the question he was asked, and that Mr. Hare is now asking him to answer here in this session is whether or not that MOU is approved. Mr. Stafford stated that is correct. Mr. Anderson stated that he is asking Mr. Stafford to not go there. Mr. Anderson continued to state that as the Chair, he wants to intervene on that because it will interfere with their legal position. Mr. Stafford stated that yes it would. Mr. Sudler stated that at this present moment, as Council President, he is going to conclude the meeting until they get a legal opinion. Mr. Sudler stated that he is going to take over right now and that he is going to conclude the Legislative, Finance, and Administration Committee meeting as Council President. Mr. Sudler explained that they are getting into waters that could come back and have some legal ramifications that could have a hardship on the City of Dover. Mr. Sudler continued to explain that until they have the City’s legal solicitor, Mr. Rodriguez, in conjunction with, and they can hear what they are saying, he is not comfortable giving council that advice. Mr. Sudler asked why council is pushing him. Mr. Sudler stated that he is going to take over the meeting and that the Legislative, Finance, and Administration Committee meeting is now adjourned. Mr. Sudler moved for adjournment of the Legislative, Finance, and Administration Committee, hearing no objection, the meeting adjourned at 9:56 p.m. Page 104

Página 105

Item #5. COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 27 Meeting adjourned at 9:56 PM The Council Committee of the Whole meeting adjourned at 9:57 p.m. Roy Sudler, Jr. Council President RS/ar S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\TEMPLATES\CCW Minutes TEMPLATE.wpd Attachments Attachment #1 - Letter to Dover City Council – Proposed Ordinance #2022-26 - ACLU Attachment #2 - Letter to Dover City Council – Proposed Ordinance #2022-26 - Central Delaware NAACP Attachment #3 - DOE Union Update – Mr. Matthew Brown Attachment #4 - Chief Carey Wage Study Comments Attachment #5 - Kay Sass, AFSCME President Wage Study Comments Attachment #6 - Jason Osika, Fire Marshall Wage Study Comments Page 105

Página 106

Item #14. Monthly Report October 2022 Office of City Assessor Page 106

Página 107

Item #14. ASSESSOR’S REPORT Number of Deeds Stamped for Transfer Tax Dollar Amount for the Month of Oct. 2021/2022 the Month of Oct. 2021/2022 47 $166 50 $200 $152 36 Thousands 33 $129 40 25 26 22 30 $100 $63 20 $49 $2 5 1 2 0 $2 $0 10 2021 2021 0 $0 2022 2022 First Time Buyer for the Month Oct. 2021/2022 Realty Property of Oct. 2021/2022 Sales in Dollars Received Prior 47 to Recording 50 36 40 33 $15 $9 $11 $8 $10 $6 Millions 25 Res. Non‐First $10 30 Time Buyers $5 $0 $0 $0 2021 20 $0 Res. First Time 2022 10 Buyers 0 2021 2022 Major Updates August September October Assessment Change $864,000 $8,684,100 $0 Residential Sales Ratio Report Sales in Study Total Assessed Total Sale Price Ratio PRD Value 52 $7,883,700 $12,402,490 0.64 1.06 Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98 tends to indicate assessment progressivity – high valued properties are relatively over appraised. 1 Page 107

Página 108

Item #14. ASSESSOR’S REPORT Assessor’s Office Supplemental Billing ‐ October Supplemental bills went out totaling $21,369.70 2 Page 108

Página 109

NOV 17, 2022 CITY OF DOVER PAGE: 1 11:40 AM SALES RATIO REPORT CA324 PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR Item #14. ED05-057.17-01-10.00 18 R10 7 GRISTMILL PL 1 8 1990 2 1761 C+ AV 163,300 07-OCT-22 260,000 .63 ED05-057.17-01-36.00 18 R10 102 GRISTMILL PL 1 8 1991 2 1542 C+ AV 159,300 31-OCT-22 252,000 .63 ED05-066.02-01-05.00 18 R10 117 HOBBYHORSE CT 1 14 2012 1 1939 B+ GD 237,100 13-OCT-22 359,000 .66 ED05-067.01-01-03.00 18 R10 11 MINERAL CT 1 5 2006 2 1869 B AV 240,800 21-OCT-22 315,000 .76 ED05-067.01-01-50.00 18 R10 22 OPAL PL 1 1 2012 2 1760 B AV 220,500 15-OCT-22 325,000 .68 ED05-067.09-03-30.00 3 R10 30 WHITEMARSH CT 1 8 1982 2 2390 B- AV 215,800 18-OCT-22 395,000 .55 ED05-067.13-02-33.00 3 R10 27 BALTUSROL RD 1 5 1973 2 2476 C+ AV 221,200 06-OCT-22 335,000 .66 ED05-067.15-05-05.00 10 R10 810 WOODCREST TRN 1 13 1983 2 1242 C FR 116,700 03-OCT-22 198,000 .59 ED05-067.17-05-13.00 3 R10 305 PEBBLE VALLEY PL 1 5 1995 2 2417 B+ AV 237,100 21-OCT-22 430,000 .55 ED05-067.20-01-52.00 10 R0 527 WILLIAM ST 0 44,800 11-OCT-22 71,000 .63 ED05-068.09-01-30.00 13 R10 14 DRAPER DR 1 14 1986 1 1248 C AV 176,200 28-OCT-22 210,000 .84 ED05-068.10-01-01.00 13 R10 795 MILLER DR 1 16 1969 1 1925 C AV 180,500 21-OCT-22 160,000 1.13 ED05-068.10-04-44.00 13 R10 316 WEST WIND DR 1 5 2001 2 2393 C+ GD 234,200 24-OCT-22 344,000 .68 ED05-068.14-02-20.00 13 R10 1331 GARFIELD DR 1 5 1966 2 1524 C+ FR 149,100 06-OCT-22 155,000 .96 ED05-068.15-03-04.00 6 R10 1401 S HANCOCK AVE 1 14 1990 1 1344 C AV 193,800 28-OCT-22 290,000 .67 ED05-068.15-04-84.00 6 R0 271 TEA PARTY TRL 0 8,000 27-OCT-22 290,000 .03 ED05-068.18-01-34.00 7 R10 180 N EDGEHILL AVE 1 3 1950 1 1717 C AV 147,600 21-OCT-22 160,000 .92 ED05-068.18-02-67.00 7 R10 108 N HALSEY RD 1 14 1952 1 1064 C AV 128,600 31-OCT-22 140,000 .92 ED05-068.19-05-62.00 14 R10 139 LEXINGTON PL 1 13 2022 2 2204 B- AV 202,000 18-OCT-22 300,000 .67 ED05-076.04-02-07.01 2 R0 506 RIDGELY BLVD 0 9,300 21-OCT-22 160,000 .06 ED05-076.04-02-10.00 2 R0 500 RIDGELY BLVD 0 9,900 25-OCT-22 286,990 .03 ED05-076.04-05-05.00 2 R10 802 RUTH WAY 1 8 2021 2 1064 B- AV 145,700 27-OCT-22 280,000 .52 ED05-076.04-06-03.00 2 R10 516 S GREENBERRY LN 1 13 2010 2 1376 C+ AV 157,400 13-OCT-22 255,000 .62 ED05-076.04-06-36.00 2 R10 413 ANN MOORE ST 1 13 2010 2 1280 C+ AV 152,400 26-OCT-22 215,000 .71 ED05-076.05-02-47.00 14 R10 5 BRIARWOOD CT 1 5 1987 2 2133 C GD 208,600 07-OCT-22 335,000 .62 ED05-076.05-03-01.00 14 R10 2 STONEY DR 1 14 1985 1 1324 C GD 177,000 25-OCT-22 270,000 .66 ED05-076.05-04-01.132 102 R50 103 PAR HAVEN DR 1 20 1978 1 1177 C- AV 52,000 28-OCT-22 80,000 .65 ED05-076.08-02-31.00 9 R10 323 CECIL ST 1 14 1960 1 720 C- GD 70,700 14-OCT-22 110,000 .64 ED05-076.08-05-44.00 9 R10 38 N GOVERNORS AVE 1 1 1920 2 1344 C- FR 77,100 07-OCT-22 95,000 .81 ED05-076.13-02-41.00 14 R10 139 THAMES DR 1 13 1996 2 1982 C+ AV 144,100 06-OCT-22 123,000 1.17 ED05-076.13-03-02.00 14 R10 331 CHARRING CROSS DR 1 13 1998 2 1854 C+ AV 148,600 20-OCT-22 245,000 .61 ED05-076.13-04-82.00 14 R10 311 NORTHDOWN DR 1 13 2002 2 1848 C+ AV 149,200 11-OCT-22 235,000 .63 ED05-077.07-07-02.00 6 R10 116 LADY BUG DR 1 8 2010 2 1472 B- AV 184,000 24-OCT-22 260,000 .71 Page 109

Página 110

NOV 17, 2022 CITY OF DOVER PAGE: 2 11:40 AM SALES RATIO REPORT CA324 PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR Item #14. ED05-077.07-07-03.00 6 R10 114 LADY BUG DR 1 8 2018 2 1220 B- AV 163,500 07-OCT-22 250,000 .65 ED05-077.07-07-76.00 6 R10 210 NOB HILL RD 1 13 2018 2 1220 B- AV 153,600 18-OCT-22 245,000 .63 ED05-077.07-08-05.00 6 R10 349 BLUECOAT ST 1 1 2018 2 1920 B- AV 242,000 07-OCT-22 336,000 .72 ED05-077.10-02-13.00 2 R10 433 COLLINS DR 1 14 1956 1 950 C- FR 94,700 06-OCT-22 63,500 1.49 ED05-077.10-02-48.00 2 R10 749 RIVER RD 1 14 1970 1 1350 C- FR 107,500 10-OCT-22 100,000 1.08 ED05-077.11-03-10.00 6 R10 16 MORIARTY ST 1 14 2002 1 1472 C AV 183,500 14-OCT-22 280,000 .66 ED05-077.11-03-13.00 6 R10 302 REGENT ST 1 14 2002 1 1472 C AV 189,400 23-OCT-22 319,000 .59 ED05-077.11-04-73.00 2 R10 461 BARRISTER PL 1 13 1972 2 1500 D+ PR 61,600 26-OCT-22 75,000 .82 ED05-077.11-05-02.00 6 R10 7 MER WAY 1 8 2018 2 1220 B- AV 167,200 07-OCT-22 250,000 .67 ED05-077.11-05-12.00 6 R10 47 MER WAY 1 8 2007 2 2290 B- AV 200,400 21-OCT-22 300,000 .67 ED05-085.06-01-28.00 11 R10 351 CRICKLE CREEK LN 1 5 2005 2 1933 B AV 219,900 20-OCT-22 360,000 .61 ED05-085.08-01-29.00 12 R10 764 OAK LN 1 16 1963 1 1927 C+ GD 203,700 15-OCT-22 302,000 .67 ED05-085.08-02-37.00 12 R10 108 SHADOW CT 1 5 1964 2 2094 C+ AV 194,800 17-OCT-22 200,000 .97 ED05-085.12-01-35.00 12 R10 233 FIDDLERS GRN 1 5 1967 2 2206 C+ GD 227,100 05-OCT-22 300,000 .76 ED05-085.12-01-62.00 12 R10 342 ALDER RD 1 5 1967 2 1802 C+ AV 164,700 28-OCT-22 295,000 .56 LC05-058.17-03-10.00 1A R10 56 PRIMROSE DR 1 11 1987 1 1296 D+ AV 95,000 28-OCT-22 203,000 .47 LC05-058.17-03-24.00 1A R10 34 PRIMROSE DR 1 11 1989 1 1080 D+ AV 80,100 28-OCT-22 195,000 .41 LC05-058.18-01-26.00 1A R10 23 KAREN PL 1 11 1995 1 1248 D+ AV 87,300 18-OCT-22 195,000 .45 LC05-058.18-01-72.00 1A R10 106 BETH PL 1 11 1993 1 1188 D+ AV 85,100 31-OCT-22 195,000 .44 Page 110

Página 111

Item #15. Page 111

Página 112

Item #15. CITY COUNCIL COMMUNITY ENHANCEMENT FUND JULY 1, 2022 - JUNE 30, 2023 100-10-12-99-000-53037 Current Balance- $ 18,325.00 COM M UNI TY ENHANCEM ENT FUND - $2,500 FOR EACH COUNCI L M EM BER PER DI STRI CT AND $5,000 FOR THE AT-LARGE COUNCI L BUDGETED AM OUNT M EM BER. THE PURPOSE OF THE FUND I S TO ALLOW M EM BERS TO CONTRI BUTE FUNDS TO A SM ALL PROJECT OR COM M UNI TY $ 25,000.00 NEEDS I N EACH DI STRI CT. Inner City Cultural League Vendor # 200 FI NAL BUDGET TOTAL $ 25,000.00 COUNCI L TOTAL YEAR TO DATE SPONSOR VENDOR DESCRI PTI ON I NVOI CE # CHARGES DATE BALANCE Councilman Boggerty authorized the designation of Email from Andre Boggerty dated $100.00 of his community enhancement funds to 07/21/2022 and email from Leandra 7/26/2022 Boggerty DEMCO DEMCO for the Annual Back to School Event Marshall dated 07/13/2022 $100.00 $100.00 $4,900.00 Batch # 9222 Councilman Anderson authorized the designation of Email from David Anderson dated $300.00 of his community enhancement funds to The 06/29/2022 and email from Tracey 7/26/2022 Anderson The 302 Movement 302 Movement for the backpack program. Weems dated 06/28/2022 $300.00 $400.00 $2,200.00 Batch # 9222 Councilman Anderson authorized the designation of $1000.00 of his community enhancement funds to The Email from David Anderson dated The Inner City Cultural Inner City Cultural League for the reasons stated in the 06/23/2022 and email from Elizabeth 7/26/2022 Anderson League letter. Daniels dated 06/23/2022 $1,000.00 $1,400.00 $1,200.00 Batch # 9222 Councilman Neil authorized the designation of $200.00 of Email from Fred Neil dated 08/10/2022 his community enhancement funds to Persimmon Park and email from Joyce Talley dated 8/15/2022 Neil Persimmon Park Place Place for the Backpack Giveaway 08/09/2022 $200.00 $1,600.00 $2,300.00 Batch #9391 Councilwoman Arndt authorized the designation of Email from Tricia Arndt dated $200.00 of her community enhancement funds to 08/10/2022 and email from Joyce Talley 8/15/2022 Arndt Persimmon Park Place Persimmon Park Place for the Backpack Giveaway dated 08/09/2022 $200.00 $1,800.00 $2,300.00 Batch #9391 Councilwoman Arndt authorized the designation of Email from Tricia Arndt dated $500.00 of her community enhancement funds to the 08/31/2022 and email from Elena 9/6/2022 Arndt Dover Art League Dover Art League for the Grand Opening Stewart dated 8/31/2022 $500.00 $2,300.00 $1,800.00 Batch # 9512 Interdenomonational Councilman Boggerty authorized the designation of Email from Andre Boggerty dated Ministerial Alliance of $600.00 of his community enhancement funds to the 09/06/2022 and email from Theodore 9/12/2022 Boggerty Dover and Visinity (IMA) Annual Community Unity Family Day Henderson dated 9/6/2022 $600.00 $2,900.00 $4,300.00 Batch # 9567 Councilman Anderson authorized the designation of Email from Dave Anderson dated $300.00 of his community enhancement funds to the 10/05/2022 and email from Bishop Carol 10/6/2022 Anderson The Well Church Faith and Blue Weekend E. Harris dated 10/5/2022 $300.00 $3,200.00 $900.00 Batch # 9727 Councilman Hare authorized the designation of $400.00 Email from City Clerk Bennett dated of his community enhancement funds to the Faith and 10/05/2022 and email from Bishop Carol 10/6/2022 Hare The Well Church Blue Weekend E. Harris dated 10/5/2022 $400.00 $3,600.00 $2,100.00 Batch # 9727 Councilwoman Arndt authorized the designation of Email from Tricia Arndt dated $150.00 of her community enhancement funds to the 10/07/2022 and email from Bishop Carol 10/7/2022 Arndt The Well Church Faith and Blue Weekend E. Harris dated 10/5/2022 $150.00 $3,750.00 $1,650.00 Batch # 9727 Councilman Rocha authorized the designation of $200.00 Email from Gerald Rocha dated of his community enhancement funds to the Faith and 10/07/2022 and email from Bishop Carol 10/7/2022 Rocha The Well Church Blue Weekend E. Harris dated 10/5/2022 $200.00 $3,950.00 $2,300.00 Batch # 9727 Councilman Anderson authorized the designation of $500.00 of of his community enhancement fund to Tracy Email from Dave Anderson dated Tracy Palmer Ministries, Palmer Ministries, Inc for Thanksgiving Dinner & Winter 10/12/2022 and email/letter from Paster 10/12/2022 Anderson Inc Food Events Tracy Palmer dated 10/12/2022 $500.00 $4,450.00 $400.00 Batch #9784 Councilman Anderson authorized the designation of Email from Dave Anderson dated $250.00 of of his community enhancement fund to 11/03/2022 and email/letter from 11/3/2022 Anderson United Way of Delaware United Way of Delaware Wonderland Coat and Toy Drive Kenyatta Livingston dated 11/03/2022 $250.00 $4,700.00 $150.00 Batch #9946 Councilwoman Pillsbury authorized the designation of Email from Julia Pillsbury dated $500.00 of of his community enhancement fund to 11/05/2022 and email/letter from 11/7/2022 Pillsbury United Way of Delaware United Way of Delaware Wonderland Coat and Toy Drive Kenyatta Livingston dated 11/03/2022 $500.00 $5,200.00 $2,000.00 Batch #9946 Councilman Taylor authorized the designation of $650.00 of his community enhancement funds to the Hometown Email from Ralph Taylor dated 11/15/2022 Taylor Dover Police Department Holiday Event 11/15/2022 $650.00 $5,850.00 $1,350.00 Batch #9984 Councilman Boggerty authorized the designation of $825.00 of his community enhancement funds to the Email from Andre Boggerty dated 11/16/2022 Boggerty Dover Police Department Hometown Holiday Event 11/16/2022 $825.00 $6,675.00 $3,475.00 Batch #6 $6,675.00 $18,325.00 Budgeted Amount District Council Sponsor YTD Expenditures Balance $5,000.00 At-Large Boggerty $1,525.00 $3,475.00 $2,500.00 1st District Pillsbury $500.00 $2,000.00 $2,500.00 1st District Rocha $200.00 $2,300.00 $2,500.00 2nd District Hare $400.00 $2,100.00 $2,500.00 2nd District Taylor $650.00 $1,850.00 $2,500.00 3rd District Arndt $850.00 $1,650.00 $2,500.00 3rd District Neil $200.00 $2,300.00 $2,500.00 4th District Anderson $1,850.00 $150.00 $2,500.00 4th District Sudler $0.00 $2,500.00 TOTAL $6,175.00 $18,325.00 Page 112

Página 113

Item #16. CITY MANAGER’S MONTHLY REPORT October 2022 Page 113

Página 114

Item #16. Blank Page Page 114

Página 115

Item #16. Page 115

Página 116

Item #16. Page 116

Página 117

Item #16. October 2022 Activities October is Energy Education Month! • Utility Rates Increases / Billing / Public Education Visit: helpinitiativede.org • Utility Billing, Phase 4, ERP Implementation • Tax Collections, Agreements Or call 833-888-0410 • Recruitment • DE&I Activities To register for a Home • LIHEAP Program Assistance Energy Audit DIVERSITY, EQUITY, & INCLUSION ACTIVITIES OCTOBER 2022 The City of Dover Customer Service Department values Diversity, Equity, and Inclusion. We strive to provide quality services to external and internal customers through our daily activities. This segment will highlight activities provided to internal department staff. • Participation in monthly D, E & I team meetings or activities. • ERP Training Session included staff input. • Signage to encourage inclusion of all. • Goodwill Committee – Birthday / Life Events recognition • Change publications and forms to multilingual (work in progress) • Community Partners Meeting / Assistance / Education event planning. Customer Service Mission Continually provide quality public service to our diverse group of customers with professionalism, respect, & integrity. ~ City of Dover Customer Service Department Page 117

Página 118

ELECTRIC DEPARTMENT Item #16. Electric Divisions System Peak Total System Load Number of New Month outages customers Jan 21 62,356 Services Jan 21 103.85 Feb 21 58,116 Sep 20 5 3551 Sep 20 16 Feb 21 103.54 Oct 20 5 738 Oct 20 8 Mar 21 96.05 Mar 21 56,803 Nov 20 7 3,230 Nov 20 12 Apr 21 106.06 Apr 21 52,494 Dec 20 0 0 Dec 20 15 May 21 56,801 Jan 21 1 2 Jan 21 9 May 21 135.17 Feb 21 3 1518 Feb 21 7 Jun 21 156.90 Jun 21 69,150 Mar 21 4 568 Mar 21 20 Jul 21 156.16 Jul 21 79,792 Apr 21 4 1,287 Apr 21 14 Aug 21 164.90 Aug 21 77,971 May 21 9 733 May 21 6 Sep 21 65,002 Jun 21 10 736 Jun 21 40 Sep 21 140.78 Jul 21 13 3,730 Jul 21 9 Oct 21 117.77 Oct 21 58,157 Aug 21 11 728 Aug 21 11 Nov 21 95.71 Nov 21 55,279 Sep 21 7 1,037 Sep 21 20 Dec 21 96.13 Dec 21 58,299 Oct 21 9 4,693 Oct 21 16 Jan 22 65,916 Nov 21 6 347 Nov 21 23 Jan 22 107.95 Dec 21 13 1540 Dec 21 22 Feb 22 103.87 Feb 22 55,827 Jan 22 11 1599 Jan 22 17 Mar 22 99.08 Mar 22 56,876 Feb 22 6 1005 Feb 22 8 Apr 22 50,847 Mar 22 5 512 Mar 22 18 Apr 22 92.65 Apr 22 1 350 Apr 22 20 May 22 143.11 May 22 59,233 May 22 13 4,199 May 22 21 June 22 June 22 June 22 19 6,639 June 22 11 July 22 July 22 July 22 7 357 July 22 16 Aug 22 Aug 22 8 395 Aug 22 47 Aug 22 Sep 22 6 2920 Sep 22 27 Sep 22 Sep 22 Oct 22 3 732 Oct 22 21 Oct 22 Oct 22 We have the meter; however, the information is not accurately registering. NAES staff is working on it. Electric Monthly Outage Report The annual outage goal will be less than 295 minutes per customer, which is a Delaware Standard. This will be measured by calculating the System Average Interruption Duration Index. SAIDI Long Time looks at the previous 24months of outages FY 23 YTD FY 22 FY 21 65.61 165.71 437.62 Outages Average Response Time Goal is less than 30 minutes Month Year-to-date Month Year-to-date 3 24 35.67 29.98 PROGRAM UPDATES OCT 22 OCT 21 FY22 YTD Tree Trimming 206 309 1228 Number of Oil Releases 0 0 0 Lost Time Accidents – All Electric Utility Divisions 0 0 0 New Services 21 16 111 Page 118

Página 119

Item #16. MEMORANDUM Department of Central Services P.O. Box 475 Dover, Delaware 19903 Phone: (302) 674-7567 Fax: (302) 736-7178 E-mail: mhamlett@dover.de.us TO: Dave Hugg, City Manager Sharon Duca, Assistant City Manager FROM: Michael C. Hamlett, Central Services Director DATE: 11/2/2022 SUBJECT: Fiscal Year Project Update ______________________________________________________________________________ Outlined below are the stages of each project in process for Fiscal Year 2023 FC2001 City Hall HVAC Renovation: Currently under contract with Statewide Mechanical and all equipment has been installed. We are currently awaiting the completion of the return duct work to be completed. The contractor will begin scheduling duct cleaning in the next few weeks to take place after hours. EA2204 Weyandt Hall HVAC Renovation: Currently in the engineering and design phase with E2engineering. The mechanical & electrical drawings and specifications are complete. We are waiting on the structural drawings to be completed. EA2202 Electric Admin Window Replacement: Is complete other than 13 windows that came in wrong. Windows are scheduled to ship 11/16/2022. EA2203 Weyandt Hall Window Replacement and LED Lighting Upgrade: Window installation is 90% complete. Facilities staff is currently working on LED upgrades. LB2201 Library HVAC Controls Upgrade: Contracts are signed and currently waiting for materials. CS2301 Warehouse LED Lighting Upgrade: Materials are on hand and awaiting Facilities staff completion of Weyandt Hall LED upgrade. 1 Page 119

Página 120

Item #16. Fiscal Year Project Updates CS2302 Warehouse Replacement of Tile Flooring and Exterior Painting: Proposal for flooring replacement has been signed with Tri-State Carpet and installation is scheduled to begin 11/28/2022. Painting has been completed. FC2303 City Hall Window Replacement: Currently awaiting quotes FC2304 Old Post Office Hazardous Material Abatement: Currently 95% complete and scheduled for completion 11/18/2022. Weyandt Hall Security Upgrades: All wiring for cameras and swipe badges has been installed; however, we/Advantech are currently waiting for equipment to arrive. Ballistic glass has been mostly installed; however, 2 panels came in wrong and had to be reordered, awaiting eta for delivery. Michael Hamlett, Central Services Director Phone: 302‐674‐7567 Email: mhamlett@dover.de.us 2 Page 120

Página 121

Item #16. Fleet & Facilities Management Monthly Report OCTOBER 2022 Fleet Maintenance PM Work Orders Completed: 53 Number of Tire Repairs: 23 Number of Road Repairs: 7 Other Work Orders: 98 Repair Hours: 323 Road Repair Hours: 8 Total Work Orders: 151 Fabrication Hours: 5 Misc. Hours: -59 PM Hours: 126 # of Scheduled PM’s: 22 # of PM’s Completed: 53 Major Program Updates OCTOBER OCTOBER MEASURE 2022 2021 DIFFERENCE Fleet Maintenance - Completed PM 53 out of 22 32 out of 22 appointments vs scheduled PM’s 95.46 % 240.91 % 145.45 % (Quantity and Percentage) Facilities Maintenance Facilities - Routine work orders 61 out of 69 101 out of 117 completed within 5 days 2.09 % 88.41 % 86.32 % (Quantity and Percentage) Facilities - Emergency work orders 4 out of 4 5 out of 5 completed within 2 days 0.00 % 100.00 % 100.00 % (Quantity and Percentage) Facilities: Total Work Orders Written in October: 73 Total Work Orders Completed in October: 72 (includes previous months’ W/O’s that were incomplete) Page 121

Página 122

Item #16. HUMAN RESOURCES October 2022 Monthly Hired vs Resigned vs Promoted 10 9 9 8 8 8 8 8 7 7 7 6 6 6 5 5 5 5 5 44 4 4 4 3 3 3 3 3 2 2 2 2 2 2 2 1 1 1 1 1 1 1 0 0 0 0 0 0 0 Oct '21 Nov '21 Dec '21 Jan '22 Feb '22 Mar '22 Apr '22 May '22 Jun '22 Jul '22 Aug '22 Sept '22 Oct '22 Hired Resigned/Term/Retired Transferred/Promoted October – Retire 0; Resigned 5; Terminated 0 CY Hired, Resigned, Promoted 80 70 67 60 57 56 54 50 47 44 44 41 42 41 40 35 33 32 30 22 20 18 20 15 8 10 0 2017 2018 2019 2020 2021 2022 Hired Terminated, Resigned, Retired Transferred or Pormoted Page 122

Página 123

Item #16. HUMAN RESOURCES (Continued) Five year Full-Time vs Part-Time Employees 450 400 31 26 23 350 31 27 300 250 200 381 362 373 340 346 150 100 50 0 Oct '18 Oct'19 Oct '20 Oct '21 Oct '22 Full-Time Part-Time -Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members Part-time employees (4 Pitts Center, 1 Recreation, 23 Library, 2 Police Department, 1 Central Services) EEOC Demographics 450 400 350 85 98 82 82 77 300 250 200 150 294 303 313 303 289 100 50 0 Oct '18 Oct '19 Oct '20 Oct '21 Oct '22 Caucasian Minority Page 123

Página 124

Item #16. HUMAN RESOURCES (Continued) Position Hired: Motor Equipment Operator I – Water, Library Clerk I (2) (PT), Inspector I-Code Enforcement, LAN Analyst, Police Officer (5) Transferred/Promoted: Police Cadet Position Terminated/Resigned/Retired/Other: Administrative Assistant -Public Works, Arborist, Library Clerk Positions on Terminal Leave: Customer Service Clerk (January) Open or Currently Recruiting* Open or Currently Recruiting by Dept. October 2022 Electric 0 Public Works 5 Police 11 Water Wastewater 0 All Other Departments 6.5 Totals 22.5 *Not used for Budgeting Purposes Electric: Public Works: Motor Equipment Operator I – Streets (2), Motor Equipment Operator I – Stormwater, Motor Equipment Operator I – Sanitation, Motor Equipment Operator II - Sanitation Police: (4) Cadet (PT), Police Officer (3), Police Clerk II, Central Services Coordinator, Communications Operator, Animal Control Officer Water/Wastewater: All Other Departments: Administrative Assistant – Finance, Planner II, Library Assistant (PT), Customer Service Clerk I, Library Assistant, Fire Dispatcher, Arborist, Administrative Assistant – Public Works Turnover Statistics 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Total Turnover % 6.75 11.00 10.91 6.02 12.05 8.68 15.36 10.33 9.66 13.96 9.69 15.10 Termination Turnover % 1.08 0.29 1.47 0.57 0.28 0.54 1.92 1.36 0.54 1.42 .25 1.39 Resignation Turnover % 4.05 5.21 5.01 2.29 7.56 6.24 7.41 5.98 6.17 7.98 7.14 8.60 Retirement Turnover % 1.62 5.50 4.42 3.15 4.20 1.90 4.39 2.45 2.68 4.27 2.29 1.16 Other - - - - - - 1.65 0.54 0.27 0.28 .25 0.00 2012 Healthcare cost sharing implemented 2013 Healthcare cost sharing implemented for DOE 2016 RIF in Economic Development; 2018 RIF in Electric Page 124

Página 125

Item #16. HUMAN RESOURCES (Continued) Average Employees 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Total Number of Employees Separating 25 38 37 21 42 32 56 38 36 49 38 44 from Service Average Number of 356 333 325 331 333 340 337 340 346 **355 370 402 Full-time Employees Average Number of 25 23 15 12 14 18 24 28 28 28 26 28 Part-time Employees * Healthcare cost sharing implemented **Updated Worker’s Compensation October October Category 2021 2022 Monthly Workers Comp. Injuries 6 2 Monthly Workers Comp. 29 25 Hours used by employees Workers Compensation Cost FY2022 $5 $2 Department $3 $48 Total Cost (In thousands) Total: $58,000 *8/2021 graph changed to FY Page 125

Página 126

Item #16. Information Technology Department October 2022 Report Larry Josefowski, Director Metrics: Microsoft security scores appear to be dropping, but that is partially related to a move from Microsoft to move more of their security tools to a tiered payment system. These tools allow these tools to be implemented, or to provide more granularity of some of the security measures. These tools are valuable, and we hope to implement the additional measures, but would require additional costs (about $20 per user). These tools would be valuable in many ways, but I do not feel they are critical at this time. Our number of tickets continue to trend above our average, which I believe reflects better tracking of the work being done versus additional tasks. Our KnowBe4 and Cowbell metrics continue to hold steady and are likely a better tool than the Microsoft tool. They use different methodology, including examination of other factors in the network as well as some of the characteristics of the employees (such as the amount of training, length in job, etc.) that gives a different perspective. Network Security (Internal): We replaced the first distribution switch, with the other to be replaced in October. Two switches will be redeployed for the SCADA project (details below) Network Security (External): IT and other city departments participated in a security tabletop exercise with our vendor. The focus was more on using IT as a conduit to wrong doing, versus a direct attack on the IT infrastructure. Training: Larry attended SecureDelaware, a gathering of cybersecurity experts and vendors to hear the latest trends, threats, and protective measures. Teresa attended 4 days of local cybersecurity response training Other: We advertised and hired for the vacant LAN Analyst position, with an anticipated start date for the new resource of October 12th. IT set up a mini-conference room in the City Manager area, which provides another room for remote meetings. We have started working on dozens of telephone circuits that may (or may not) be in use. If in use, they will need to be upgraded, but so far, many have been found to be not needed. We continue to be part of the focus group with select other communities to develop the tools and metrics to determine how the 2.24M in first year cybersecurity grants are going to be distributed. Meetings will increase to every week, as the goal is to develop the initial baseline cybersecurity needs and grant proposals by the end of the calendar year. Tyler/Munis: We continue to work with the deployment of Tyler/Munis, and maintain the system, as well as providing regular patching in the environment. We also worked and implemented new security measures in some of the non-production environment. SCADA for Electric: Switches from the manufacturer were delayed until November 2023, which prompted discussions with other vendors. We were able to order from our local vendor all the equipment we needed, and had a small cost savings, as well. We also are going to “borrow” 2 switches from our network upgrade, if necessary, to get the project back on track, until those switches arrive. INFORMATION TECHNOLOGY - 1 Page 126

Página 127

Item #16. System Security Scores Risk Score (From KnowBe4) 80% 42 60% 41 40% 40 39 20% 38 0% 37 36 Microsoft Compliance Score Microsoft Secure Store # of Tickets/Incidents Cowbell (Insurance Vendor) 140 Score 120 75% 100 70% 80 65% 60 60% 40 55% 20 0 50% INFORMATION TECHNOLOGY - 2 Page 127

Página 128

Reference Transactions October 2022 Item #16. Adults 858 Teens 98 Children 956 0 250 500 750 1000 1250 1500 1750 2000 * Electronic Materials include Overdrive & Hoopla starting July 2022 Circulation Oct. '22 FYTD '23 Oct. '21 FYTD '22 Dover Residents 10,698 44,746 13,972 48,809 * Electronic Materials 4,194 17,823 3,734 14,840 Kent Residents Total - 7,368 31,125 5,868 25,036 ~Harrington 47 17 ~Milford 43 36 ~Smyrna 358 316 ~Unincorporated Kent Co. 6,920 5,499 Non-County Residents 1,358 5,286 1,120 3,926 New Registrations Dover Residents 264 1,073 217 881 Kent Residents Total - 113 531 54 252 ~Harrington 0 0 ~Milford 0 0 ~Smyrna 3 3 ~Unincorporated Kent Co. 110 51 Non-County Residents 4 19 3 16 Registered Library Users as of 10/31/22 Registered Library Users as of 10/31/21 City of Dover Residents 17,315 City of Dover Residents 19,113 Kent County Residents 6,560 Kent Co. Residents 6,219 Sussex County Residents 251 Sussex Co. Residents 273 New Castle Co. Residents 344 New Castle Co. Residents 360 Out of State 21 Other 19 TOTAL 24,491 25,984 Other Visitors 14,339 55,353 12,076 49,506 *Visitors - Curbside Pick-up 0 0 0 0 Meeting Room Usage 3,071 7,154 2,267 9,557 Photocopier Usage 131 1,352 270 1,194 Computer Printing Usage 2,650 10,342 2,180 8,271 Computer Users 1,586 6,574 1,521 5,164 Wireless Computer Users 1,521 5,965 1,002 3,557 Inter/Intralibrary - Loaned 32 38 Inter/Intralibrary - Borrowed 120 50 Holds Sent 2,748 2,092 Holds Received 1,992 1,841 TOTAL 4,892 20,736 4,021 19,703 Tech Services/Items Added 1,275 1,493 Tech Services/Items Deleted 1,420 284 1,504 Passport Services/Customers 213 581 132 639 Passport Services/Revenue $8,773 $32,191 $5,356 $25,461 Monthly Highlights ►305 attended / viewed 41 programs for adults. ►351 attended / viewed 12 program for teens. ►2,496 attended / viewed 43 programs for children. ► 0 volunteers. * Estimated Figure Page 128

Página 129

Parks & Recreation Item #16. Monthly Report - October 2022 Parks & RecreaƟon Highlights  John W. PiƩs RecreaƟon Center was alive with several special events, such as the Delaware Special Olympics bocce ball qualifier, the Dover Police Academy conducted training sessions and the Early College High School hosted a Volleyball Match.  13 Park Pavilion permits were issued in October.  The AARP Grant for bike repair stations have been purchased for SchuƩe Park and Silver Lake Park. Repairs were made to the exis ng bike repair sta on at the Library.  CIP Projects: Dover Park Building & Splash Pad con nue to be delayed in the Planning Office. The Skate Park is underway with electric installed at Schu e Park. The Dog Park (Schu e Park) is slated for later this fiscal year. Capital Holiday Fes val ‐ December 1st Annual Food Drive is in full force! Donate today!!! Recreation Revenue Breakdown Please donate – dona ons benefit families in your community! Beginning November 4 thru December 1st, non‐perishable food will be collected & distributed to our local food banks. Join us in looking through October the pantry or picking up an extra can or two of October 2021 General Recrea on $1,007.00 your favorites to donate. Dona on boxes will be General Recrea on $520.00 Trips $600.00 Leagues $5,877.00 available at these City of Dover loca ons: City Hall, Camps 0 Bldg./Field/Pavilions $200.00 Weyandt Hall, Dover Public Library and the John Leagues $4,120.00 Trips $110.00 Bldg./Field/Pavilions $2,240.00 Youth Connec ons $2,415 W. Pi s Recrea on Center. Sports $130.00 JWP Program Oct FYTD FYTD October Outdoor Sports & Leagues Oct 21 ParƟcipant & Spectator Count ParƟcipants 22 23 22 AcƟvity ParƟcipants Spectators LocaƟon General Recrea on 180 625 90 242 Senior So ball League Schu e Park Open Gym 91 347 205 623 Youth Soccer League Schu e Park Sports 350 597 0 0 Healthy Kids Running Schu e Park Coming Soon! DHS Cross Country Schu e Park Leagues 1,742 8,726 109 576 CMS Cross Country Schu e Park Page 129

Página 130

Item #16. Grounds Monthly Report Oct-22 Arborist Crew: Arborist Crew - Continued tree trimming of street trees. Tree Work Completed - Starting trimming trees & fixing holiday lights on Tree's Trimmed 90 the plaza. Tree's Removed 2 Root Pruning 0 Beautification Crew: Stumps Removed 4 - Started prepping for tulip planting. Trees Planted 0 - Re mulched Turnberry and planted grasses. Mowing Crew: - Mowing routes are on schedule. - Mowers were serviced on rainy days. Litter Removal: - Litter is being picked up on city property as per the weekly schedule. - Litter person has been diligent in the reporting of destruction in City parks. - 469 Total 90 gallon cans collected. Parks Crew: - Continued to prep softball fields for games. - Continued picking up trash and debris in parks. - Finished Concerts on the Green. - Lined fields for soccer league. - Fixed bike repair station at the library. Miscellaneous: - Bush hogged various locations for the fall mowing schedule. - Removed 11 shopping carts from City owned property. - Completed 3 yard repairs. - Silver Lake draw down completed. - Blew out irrigation system. Page 130

Página 131

Item #16. Trees Trimmed 150 100 50 0 Jan Feb Mar April May June July Aug Sept Oct Nov Dec 2021 2022 Trees Removed 40 30 20 10 0 Jan Feb Mar April May June July Aug Sept Oct Nov Dec 2021 2022 90 Gallon Litter Cans Collected 700 600 500 400 300 200 100 0 Jan Feb Mar April May June July Aug Sept Oct Nov Dec 2021 2022 Page 131

Página 132

Item #16. October 2022 Procurement & Inventory Report Measure FY 2023 FY 2022 DIFFERENCE Issue Effectiveness – How often the FY 2023 (To date) FY 2022 (Total) warehouse has what the departments [579/ (579+127)] *100 [1610/ (1610+241)] *100 -4.97% need when it’s needed. 82.01% 86.98% [issues / (issues + back orders)] * 100 Turn Over Rate – Indicates that the material stocked is the material being -0.05 Turnovers per 0.89 Turnovers per year 0.94 Turnovers per year used. (2020-2021 Goal 1 per year) year WITHOUT TRANSFORMERS FUEL USE FY 2023 TO DATE FY 2022 TO DATE STOCK WITH OVER 60 MONTH SUPPLY (5 YEARS) Unleaded: 50,616 gallons 48,800 gallons Electric: $ 416,469.71 209 Line Items Diesel: 27,120 gallons 26,674 gallons Water: $ 14,159.75 35 Line Items Dollars Spent: $277,678.37 $176,970.80 General: $ 21,093.60 84 Line Items Total: $ 451,723.06 328 Line Items Purchase Orders for Stock by Fund Issues from Stock by Fund FY 2023 TO DATE FY 2022 TO DATE FY 2023 TO DATE FY 2022 TO DATE Electric: $244,904.72 $750,830.30 Electric: $661,994.34 $639,304.90 Water: $40,908.40 $28,466.60 Water: $22,321.73 $23,877.28 Wastewater: $0.00 $0.00 Wastewater: $32.14 $3,124.52 General: $31,503.06 $40,760.30 General: $54,884.19 $42,550.24 Total: $317,316.18 $820,057.20 *Total: $739,232.40 $709,078.70 Warehouse Stock Money Spent for Postage/Postal Services FY2023 FY2022 FY 2023 TO DATE FY2022 TO DATE Total Dollar Value: $2,670,887.46 $2,447,063.63 $60,305.69 $53,572.61 Total Line Items: 1,002 1,014 * Total of Issues from Stock by Fund includes Issues from Electric Returns (ER) warehouse. Current Bid/RFP Status BID REQUESTING COMMODITY TERM Status as of November 1, 2022 NUMBER DEPARTMENT College Road Pump Station 23-0001WW One Time Water/Wastewater Forwarded to W/WW on 9/7/2022 235-239 W Loockerman Street 23-0003PI One Time Planning/Inspections Forwarded to Inspections on 10/26/2022 Demolition Bid opening scheduled for November 15, 2022 @ 2:00 Williams Park Pipe Replacement 23-0004PW One Time Public Works PM FY23 Street and Alley Program 23-0005PW One Time Public Works Bid opening scheduled for December 8, 2022 @ 2:00 PM Page 132

Página 133

Item #16. DEPARTMENT OF PUBLIC WORKS October 2022 MONTHLY REPORT GIS GIS PROJECT HOURS Create Data Requests Printing Technical Support Updates Configure Training 18% 27% 12% 4% 0% 14% 25% GIS PROJECT HOURS Other City-Wide DWW DPW Tax Mayor IT Cust. Service Dover PD City Manager City Clerk Planning & Insp. Library Parks & Rec Electric 0 5 10 15 20 25 30 35 40 GIS Project Hours Page 133

Página 134

Item #16. SANITATION MONTHLY REFUSE (TONS) Bulk Rear Automated 943.45 919.01 889.91 888.37 879.47 885.75 846.68 861.69 865.91 840.53 792.94 798.79 720.09 143.96 174.23 129.76 155.48 136.88 128.04 121.09 116.32 113.92 95.93 83.01 72.46 155.37 147.1 150.58 138.41 156.68 71.85 124.26 128.4 135.88 146.31 127.28 118.57 106.41 81.45 OCT 21 NOV 21 DEC 21 JAN 22 FEB 22 MAR 22 APRIL 22 MAY 22 JUNE 22 JULY 22 AUG 22 SEPT 22 OCT 22 SANITATION HOURS October 2021 Data Unavailable 600 503.5 500 447 400 355 305.5 300 200 100 0 0 0 0 0 Bulk Automated Hand Trash Yard Waste Oct 2021 Oct 2022 SANITATION Oct 22 FYTD 23 Oct 21 FYTD 22 Trips to DSWA Sandtown Landfill 203 847 Unavailable 442 Total Tonnage to DSWA 1,022 4,454.59 1,135 4,958 90-gallon Containers Delivered 102 260 Unavailable 116 300-gallon Containers Delivered 2 2 Unavailable 1 Total Man Hours Containers Delivered 26 100 Unavailable 50 CURBSIDE RECYCLING TOTAL CANS COLLECTED TOTAL ACCOUNTS WEIGHT (LBS) AVE. WEIGHT (LBS) October 2022 20,546 9,928 274,180 13.34 Page 134

Página 135

Item #16. STREETS / STORMWATER MONTHLY STREET SWEEPING & LEAF COLLECTION Sweeper Waste (cu.yd.) Street Sweeping (miles) Leaf Collection (miles) Leaf Debris (cu.yd.) 5579 5552 757 3451 3605 1125 1370 93.5 410 1170331 75 0 1345 0 43 140 78 0 970 0 0 1204 1 6 0 78.5 634645 585 0 1208 1630 0 0 0 1085 135 92 1783 0 0 0 0 0 1570 0 Leaf Collection (miles) 133.5 122 0 1914 0 0 122 0 0 Sweeper Waste (cu.yd.) STREETS / STORMWATER October 22 FYTD 23 October 21 FYTD 22 Signs Installed 5 29 1 36 Signs Repaired 10 70 11 99 Curbs Painted Yellow (ft) 1185 1,716 0 4,225 New Posts Installed 11 39 5 17 Storm Catch Basins Repaired 0 6 0 4 Storm Catch Basin Repairs (hrs) 0 16.5 0 19.75 Storm Catch Basins Cleaned (l.f.) 0 0 0 5 Storm Catch Basin Cleaning (hrs) 0 2.75 0.5 7.5 Hot Mix Patching (tons) 3 31.25 17.38 31.37 Hot Mix Patching (hrs) 8 82.5 28 42.5 Cold Mix Patching (hrs) 10.25 52.25 4 32.0 Concrete Work (hrs) 32 224 64 291.5 Concrete Patching (cu.yd.) .44 39.18 19.63 66.16 Ditch Work (hrs) 0 4 0 0 Street and Alley Maintenance (hrs) 0 8 0 4 Street Sweeping (miles) 970 3,290.5 1,370 5,285 Street Sweeping (cu.yd.) 122 469.5 140 430 Leaf Collection (miles) 585 585 1,125 1,125 Leaves Collected (cu.yd.) 1085 1085 757 757 Page 135

Página 136

Item #16. CITY OF DOVER DEPARTMENT OF WATER & WASTEWATER MONTHLY REPORT Oct-22 This chart indicates the amount of money the City is spending on treating ground and / or rain water Inflow & Infiltration Costs through Kent County. This cost is being offset by the $200,000.00 Ground Water Inflow Adjustment rate passed on to the customers. The July and September flow is showing as a negative cost due to the timing of the Kent County reporting vs the timing of the City billing. $150,000.00 $100,000.00 $50,000.00 $- Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 $(50,000.00) I & I Cost Water & Wastewater Repairs 7 Water mains and services are typically repaired at a higher rate when drastic change in temperature occurs. This freeze and thaw cycle expands and contracts the soil, causing cracks in the 6 water line. This was evident in the month of January 2022, 6 water main breaks. 5 4 3 2 1 0 1-Oct 1-Nov 1-Dec 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct Water Mains Repaired Water Services Repaired Wastewater Mains Repaired Wastewater Laterals Repaired This chart indicates the number of Number of Brown Water Complaints complaints the Department receives. Please note that our flushing 14 operatinons occured in October 2021, March and October 2022, hence the higher volume. Volume was high in 12 January 2022 due to a private issue at Delaware State University. 10 8 6 4 2 0 1-Oct 1-Nov 1-Dec 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct Number of Brown Water Complaints Linear (Number of Brown Water Complaints) Diversity, Equity and Inclusion Activities Sending all staff to Unconscious Bias training – this will provide some enlightenment to staff members on the pitfalls of bias. We are sending office staff out to meet with field staff to collaborate on current operational and future capital projects to gather insight from all team members Two (2) staff members have joined the Diversity, Equity and Inclusion committee. This will hopefully open up some ideas from other City team members on what they are trying to accomplish. Attended June meeting and participated with entire committee. A Department wide picnic occurred on September 30, 2021. The team was able to come together and talk about the vision of the Department and where we want to go. An emphasis was provided to the team to provide any and all ideas to grow the Department. A Department wide event was held on May 2, 2022 to celebrate National Drinking Water Week. A State of the Department is scheduled for late July / early August to bring team together. One on one sessions with all team members and the Director to solicit any ideas and / or improvements for the Department has been initiated and conversations have been promising. Encouraged and provided all staff the ability to participate in the DEI survey to understand the needs and desires of City staff. 90 % of the team attending the "Together We Succeed" cookout Emergency Exercise including three (3) different divisions, requested feedback and input during event Team members attended a Coffee & Conversation meeting at the Pitts Center Page 136

Página 137

Item #17. City Planner’s Monthly Report Department of Planning & Inspections OCTOBER 2022 Planning & Inspections Highlights Some Items to Call to Your Attention October was recognized as National Community Planning Month by a proclamation of City Council. Planning Staff was involved with the review of 73 Building Permits and 13 Certificates of Occupancy permits that were issued for a calendar year total of 884. This tally amount is higher than the last few years when compared to a 2021 year-to-date total of 707 Permits and COs and 2020 year-to-date total of 653 Permits and COs; it is more inline with pre-pandemic Permit volumes experienced. As mentioned in recent monthly reports, the business license renewals were sent out in early July, 2022. As of October, the Permits and Licensing Office has collected $1,384,887 which is 96% of our Planning and Inspections revenue budget for business licenses. In September the Inspections and Permitting Division conducted 269 building inspec- tions and on-site meetings; conducted 352 plumbing/mechanical inspections and is- sued 13 certificates of occupancy, compared to last year at this time of 292 building inspections, 295 plumbing/mechanical inspections and 7 certificates of occupancy. In October 2022, Residential Building Permits were issued for 5 single family detached dwellings units (By Chatham Bay) and 3 Townhouse units (by D.R. Horton) in Eden Hill Farm TND: Residential District, 5 Townhouse Units and a single family detached dwell- ing in Patriot Village, a single family detached dwelling in the Downtown Development District, and a manufactured home placement in Persimmon Park Place. Building Permits activities focused on renovation projects including renovations in Kohl’s, office renovations on Silver Lake Boulevard, tenant space renovations at 506 Jefferic Boulevard, and a retail tenant expansion in the Dover Mart Shopping Center. Certificates of Occupancy were issued for the tenant fit-out of CSL Plasma Center in the Center at Dover and for a tenant fit-out of office space in Courtney Square. The Code Enforcement Division welcomed Code Enforcement officers Michael Bailey and Ray Morris to the team and the Code Enforcement team is now fully staffed. A to- tal of 243 (248 in October 2021) enforcement cases were opened, 47 (71 in October 2021) annual rental inspections and a total of 802 inspections (740 In October 2021) were conducted in October 2022. Page 137

Página 138

Item #17. PROGRESS IN PICTURES Macy’s Omni Service Center 1365 N DuPont Highway 127 S. Queen Street 76 Spruance Road 133 S. Queen Street Page 138

Página 139

Item #17. PROGRESS IN PICTURES 49 S. Temporary Certificates of Occupancy for Townhouse Units in Eden Hill Farm TND 239 Tea Party Trail at 500, 502, 504, 506, 508 Ridgely Boulevard Patriot Village Dover Comprehensive Treatment Center - 429 South New St. Temporary Certificates of Occupancy for Townhouse Units in Eden Hill Farm TND at 510, 512, 514 Ridgely Boulevard Page 139

Página 140

Item #17. Planning & Inspections Revenue FY2023 Draft Revenue Estimates for FY2022 Actual Revenue Stream Budget (YTD) October % of Budget Business License $1,450,000 $ 1,384,887 96% Manufactured Home License $16,000 $ 12,235 76% Building Permits $550,000 $ 255,004 46% Cert. of Occupancy $8,000 $ 6,735 84% Public Occupancy $45,000 $ 3,065 7% Lodging House $14,000 $ 28 0% Plumbing/Heating/Air $80,000 $ 47,790 60% Rental Inspection Fee $410,000 $ 7,950 2% Miscellaneous $20,000 $ 6,248 31% Fire Protection Fees $70,000 $ 36,964 53% Code Enforcement Fines $60,000 $ 45,025 75% Vacant Building Reg. $70,000 $ 14,250 20% Total P&I Revenue $2,793,000 $ 1,820,181 65% Department Operations—Planning Office October was recognized as National Community Planning Month by a proclamation of City Council. Planning Staff (Mary Ellen Gray, Dawn Melson-Williams, and Julian Swierczek) attended the APA DE Con- ference (American Planning Association – Delaware Chapter) on October 5-6, 2022 as a virtual event. Ses- sions focused on the theme of “Connecting Our Future Climate, Conservation, Equity and Health.” Then later in October, Dawn Melson-Williams attended the Preservation Delaware Historic Preservation Con- ference as also a virtual conference. The Meetings of the Boards and Commission supported by the Planning Office continue to be presented in the Hybrid format with both In-Person and Virtual (using WebEx) meeting options for participation. Electronic communications and conducting Meetings and Trainings in virtual formats are commonplace due to realized efficiencies. PLANNING OFFICE—Permit Reviews The Planning Office is part of the review process for certain types of construction activity permits (Building Permits, Sign Permits, etc.) and Certificate of Occupancy permits in order to confirm compliance with the Zoning Ordinance provisions. For October 2022, Planning Staff was involved with the review of 73 Building Permits and 13 Certificates of Occupancy permits that were issued for a calendar year total of 884. This tally amount is higher than the last few years when compared to a 2021 year-to-date total of 707 Permits and COs and 2020 year-to-date total of 653 Permits and COs; it is more inline with pre- pandemic Permit volumes experienced. Staff also reviews new applications for Business Licenses and Rental Dwelling Permits. Page 140

Página 141

Item #17. COMPREHENSIVE PLAN IMPLEMENTATION 2019 Comprehensive Plan Implementation of the 2019 Comprehensive Plan continues as Departments citywide focus on the plan im- plementation items as found in Implementation Plan (Chapter 15) items such as the projects, studies, code amendments, and other activities. A copy of the Final Plan (as amended) is available on the Comprehensive Plan website: https://www.cityofdover.com/2019-comprehensive-plan. Visit the Dover Parcel and Zoning Viewer on the City’s website to see zoning information for properties located in Dover. Use the Quick Link on the main page www.cityofdover.com. • DAFB Compatible Use Study: City Planning Staff is part of the Technical Committee for the DAFB Com- patible Use Study. As part of a Department of Defense program initiative, DelDOT is leading this study of uses in a Study Area of a 5-miles radius of the Dover Air Force Base. Consultant assistance for the Study includes the University of Delaware – Institute for Public Administration and Century Engineering. A second Public Workshop was held on October 4, 2022 for redevelopment visioning for a borrow pit area. See the project website for more information on activities: https://deldot.gov/projects/Studies/ dafb/ • Downtown Dover Strategic Master Plan: The Downtown Dover Partnership has retained consult ser- vices for the development of a Strategic Master Plan. The Project Team lead by Mosaic Development Partners is analyzing data and refining concepts. See the project webpage for more information activi- ties: https://www.downtowndoverpartnership.com/ddp/Downtown-Dover-Strategic-Master-Plan/ CONSTRUCTION ACTIVITY • In October 2022, Residential Building Permits were issued for five (5) single family detached dwellings units (By Chatham Bay) and three (3) Townhouse units (by D.R. Horton) in Eden Hill Farm TND: Resi- dential District, five (5) Townhouse Units and a single family detached dwelling in Patriot Village, a sin- gle family detached dwelling in the Downtown Development District, and a manufactured home place- ment in Persimmon Park Place. • Temporary Certificates of Occupancy were issued to eight (8) Townhouse Units in the 500 Block of Ridgely Boulevard in Eden Hill Farm TND: Residential District. A Certificate of Occupancy was issued to a single family detached dwelling on Spruance Road and for two (2) single family detached dwellings in the Downtown Development District Area. • Building Permits activities focused on renovation projects including renovations in Kohl’s, office renova- tions on Silver Lake Boulevard, tenant space renovations at 506 Jefferic Boulevard, and a retail tenant expansion in the Dover Mart Shopping Center. • Certificates of Occupancy were issued for the tenant fit-out of CSL Plasma Center in the Center at Do- ver and for a tenant fit-out of office space in Courtney Square. OCTOBER 2022 (FY23) TOTAL FOR FY23 New Home Permits Issued 15 64 Value of Commercial Projects $7,533,071.00 $16,590,381.00 Downtown Incentives (Fees Waived) $1591.00 $10,905.00 Page 141

Página 142

Item #17. BOARD AND COMMISSION ACTIVITY The October Meetings of the Boards and Commissions supported by the Planning Office were held in the Hybrid For- mat with the In-Person Meeting and a Virtual Meeting option using the WebEx telephone/video conferencing platform. Board of Adjustment: The Board of Adjustment did not meet on October 21, 2022. The next Board of Adjustment meeting is scheduled for November 16, 2022. Historic District Commission: The Historic District Commission met on October 20, 2022. The next Historic District Commission meeting is sched- uled for November 17, 2022. At the Meeting, the Commission heard activity reports and considered Determination of Demolition by Neglect and Architectural Review Certification for Demolition Activities for the following applica- tion. • HI-22-07 Referral of Demolition Activities for 233-239 W. Loockerman Street—The Historic District Commission determined that Demolition by Neglect was occurring and then considered the Architectural Review Certification for the building at 233 to 239 W. Loockerman Street, Dover, Delaware for the demolition of the structure. The Commission in considering the proposal for demolition approved a motion to require that disposition of the property be evaluated for possible reconstruction and for the continued evaluation of saving the structure (by referring it back to the City Planning Staff and prospective investors); with this action the Commission did not grant approval of the Architectural Review Certification to authorize demolition of the building. The property that was declared a Dangerous Building by City Council on August 15, 2022. The property is zoned C-2 (Central Commercial Zone) and subject to the H (Historic District Zone). The property is located at the northeast corner of West Loockerman Street and South New Street. The owner of record is SAG Holdings, LLC. Property Addresses: 233-239 W. Loockerman Street and 149 S. New Street. Tax Parcel: ED-05-077.09-01-50.00-000. Council District 4. Planning Commission: The Planning Commission met on October 17, 2022 to consider several new applications. The next Planning Commis- sion meeting is scheduled for November 21, 2022. • SB-22-05 Lands of NCALL at 217, 225, 235 North Kirkwood Street: Minor Subdivision Plan – The Planning Com- mission granted approval of a Minor Subdivision Plan to subdivide three (3) existing properties consisting overall of 44,326.66 SF +/- (1.0176 acres +/-) into four (4) new properties, with the remaining land area to be dedicated to the City of Dover for the purpose of expanding the Mary and Kirkwood Streets Park. From south to north, Lot 1 is to be 0.1665 acres+/-, Lot 2 is to be 0.1665 acres+/-, Lot 3 is to be 0.1791 acres+/-, Lot 4 is to be 0.1791 acres+/- and the remaining land area (0.1685 acres +/-) is to be dedicated to the City of Dover for the purpose of expanding the adjacent Mary and Kirkwood Streets Park. The Mary and Kirkwood Streets Park will then total 0.3255+/- acres in size. The parcels subject to this Minor Subdivision Application lay on the east side of North Kirkwood Street, south of Mary Street. The three (3) subject properties are zoned RG-1 (General Residence Zone) and are currently undeveloped. Tax Parcel Numbers: ED-05-076.08-02-20.00-000, ED-05-076.08-02-21.00-000, ED-05-076.08-02-22.00-000, ED-05-076.08-02-23.00-000. Council District 4. • Z-22-03 Lands of Silver Linings Holding Corporation at 630 W. Division Street – The Planning Commission recom- mended approval to City Council for a Rezoning Application for a parcel of land consisting of 1.0853 acres (47,275.3 SF +/-). The property is zoned C-3 (Service Commercial Zone) and subject to the COZ-1 (Corridor Over- lay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property is located on the south side of West Division Street and opposite the intersection with Ridgely Street. Tax Parcel: ED-05-076.08-01-40.01-000. Council District 4. Ordinance #2022-12. Page 142

Página 143

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item #17. CDBG FY21 Projects • Homeownership Assistance Program CDBG funds will be used to provide homeownership assistance to first-time homebuyers who purchase affordable housing in the City of Dover. One (1) family has purchased a home and one (1) family is scheduled to close on a property in early December. • Dover Interfaith Mission for Housing (DIMH) CDBG funds will be used to provide operations cost for the shelter. DIMH has purchased a building for its new shelter location that will be renovated with CDBG funds. The project is underway. • Central Delaware Housing Collaborative CDBG funds will be used to provide operations cost for a women’s shelter. This project is underway. • Milford Housing Homeowner Rehabilitation/Emergency Home Repair Pro- grams CDBG funds will be used to rehabilitate existing owner-occupied housing in the City that is in violation of the City’s Housing Code and complete emergen- cy home repairs to eliminate housing conditions that threaten the health and safety of low-income homeowners. Emergency Home Repairs have been completed on two (2) owner occupied homes and two (2) single family homes have been renovated. • American Rescue Act (ARPA) Funding City Council approved to award a little under $1.8 million in grant funding for Housing and Community Service projects. All projects are underway. Dover Interfaith Mission for Housing has expended $50,000 in ARPA funding provid- ing motel vouchers and rental assistance in response to those persons affect- ed by COVID-19 and the Department of Health and Social Services has spent 82% of their grant award by providing motel vouchers and utility payment as- sistance in response to persons affected by COVID-19. A total of $753,371 or 40% of funds have been spent on all projects year to date. Page 143

Página 144

Item #17. CODE ENFORCEMENT ACTIVITY Current LY Month Change % YTD Total Month FY23 YTD Total Changed Case Type Total Total +/- FY 22 YTD No Valid Rental Permit 3 1 200% 10 12 -17% No Valid Building Permit 3 3 0% 29 26 12% Tall Grass and Weeds 38 12 217% 205 350 -41% Additional Tall Grass and Weeds 5 1 400% 47 40 18% Abandoned Vehicle 8 24 -67% 35 112 -69% Annual Housing Inspection 47 71 -34% 198 389 -49% Property Maintenance Exterior 22 18 22% 166 305 -46% Electric Termination 5 18 -72% 16 51 -69% Dover Code of Ordinances 46 67 -31% 298 349 -15% Dangerous Buildings 9 4 125% 32 21 52% Zoning 0 3 -100% 6 10 -40% #DIV/0! #DIV/0! Total Cases 243 248 -2% 1,266 1,781 -29% Total Inspections 802 740 8% 3,719 3,796 -2% Total Admin Inspections 2 12 -83% 109 99 10% Total # of Violations 291 530 -45% 1,852 2,555 -28% Dangerous Buildings, Vacant Buildings & Demolitions  Vacant Buildings currently registered - 146  Dangerous Buildings – 45  235-239 W Loockerman Street - Demolition to begin December 5th, 2022.  37 S New Street - Demolition will begin in the beginning of December. Page 144

Página 145

Building Inspections & Licensing Summary Item #17. July 2021— July 2022– Current June 2023 OCTOBER 2021 June 2022 PERMITTING AND LICENSING Permits Issued OCTOBER (2022) OCTOBER FY 23 FYTD 23 (2021) FY22 FYTD 22 Administrative Permit 7 27 5 25 Building Addition/Renovation Permits 25 108 24 128 Building Permits 26 127 28 92 Demolition Permits 0 10 2 5 Fence Permits 17 174 16 53 Fire Prevention Permits 6 23 4 20 Mechanical Permits 55 177 38 126 Plumbing Permits 45 137 34 86 Sign Permits 10 31 7 64 Swimming Pool Permits 2 7 0 1 Subtotal 821 600 Business Licenses 49 1625 68 1614 Merchant Licenses 23 284 12 291 Contractor Licenses 61 1051 46 1055 Subtotal 2960 2960 Lodging House Licenses 0 3 1 14 Public Occupancy 9 54 4 62 Rental Dwelling 25 99 13 74 Subtotal 156 150 Manufactured Homes 15 264 11 248 BUILDING INSPECTIONS Inspections OCT (2022) OCT (2021) FY 23 FYTD 23 FY22 FYTD 22 Building (Inspections/CBI/Site Meetings) 269 1390 292 1062 Plumbing/Mechanical 352 1558 295 1169 Certificate of Occupancy 13 69 7 24 Page 145

Página 146

Item #17. Fire Marshal’s Office—At a Glance October 2022 The Fire Marshal’s Office staff investigated Seven (7) incidents during the month of October. This pictures shows how a Fire Stop device, added to a residential kitchen hood, extinguished a fire before it got out of control. Our office has seen an increase in incidents this month over last year. Staff is conducting Annual Fire and Life Safety In- spections at mercantile occupancies. Month Year to Date Previous Year to Date Annual Fire & Life Safety Inspections 15 103 128 Deficiencies From the Above Inspections 43 525 871 Fire Code Violations/Deficiencies/Complaints 39 124 145 C/O & Fire Equipment Acceptance Tests 18 61 38 Meetings & Walk Through 18 75 76 Fire Plan Review & DAC 12 49 37 Month Year to Date Previous Year to Date Accidental 6 totaling $50,000 14 totaling $237,601 6 totaling $26,001 Undetermined 1 totaling $10,000 1 totaling $85,000 1 totaling $20,000 Incendiary 0 3 totaling $4,000,002 1 totaling $1,500 Arrest Made with DPD 0 1 0 Investigation Time 19 74 hours 39 hours Injuries 0 0 2 Deaths 0 1 0 Page 146

Página 147

Item #18. Page 147

Página 148

Item #18. Finance Department Monthly Report October 2022 This page intentionally left blank Page 2 Page 148

Página 149

Item #18. Finance Department Monthly Report October 2022 CITY OF DOVER ACTIVITY REPORTS October 2022 FINANCE DEPARTMENT ACTIVITY LEVELS FY22 YTD FY23 YTD BANK TRENDS Number of Deposits Made (Hand, ACH & Wire, Lockbox) 2,284 2,275 Total Amount of All Deposits $ 78,089,186 $ 89,855,436 Other Activity Number of Pay Periods 9 9 Number of Payroll Checks & Direct Deposits Issued 3,745 3,745 Number of Pension Checks Issued 1,075 1,073 Total Pension Benefits Paid - Defined Benefit Plan $ 2,042,801 $ 2,030,411 ACCOUNTS PAYABLE Number of Check Vouchers 2,035 2,381 Number of EFT Vouchers 911 1,136 Vouchers Dollar Amount Disbursed $ 26,424,224 $ 36,246,153 $22,962 $25,055 FY22 YTD Wages FY23 YTD Wages $22,258 $442,138 $21,776 $319,323 $136,625 $73,882 $327,160 $269,598 $766,001 $757,249 $709,477 $746,590 $6,328,127 $6,759,397 Regular Regular All over time All over time Vacation Vacation Sick Sick Terminal Leave - Retiree Vacation/Sick Payout Terminal Leave - Retiree Vacation/Sick Payout Personal Personal Other Comp Time Other Comp Time Page 3 Page 149

Página 150

Item #18. Finance Department Monthly Report October 2022 City of Dover General Fund Summary Fiscal Year to Date (October 2022) Revenues Original Budget Actual % Property & Transfer Taxes $ 17,625,000 $ 16,852,761 96% Program Revenues 10,329,400 5,120,889 50% Utility Transfers 10,000,000 3,333,328 33% Grants 1,051,000 87,430 8% Interfund Services 6,181,400 1,947,353 32% All Other 1 820,000 184,804 23% $ 46,006,800 $ 27,526,566 60% Expenditures Original Budget Actual % Program Expenses $ 31,054,300 $ 9,140,859 29% Interfund Services 11,588,500 3,600,214 31% Debt Service 630,000 210,466 33% Post Retirement Benefits 2,328,500 776,164 33% Pension Fund Contributions 1,000,000 - 0% Capital Project Transfers 3,536,500 1,768,250 50% All Other 2 2,210,400 399,868 39% $ 52,348,200 $ 15,895,821 31% 1 Includes Cable Franchise Revenue, Miscellaneous Receipts, Garrison Farm Rent, Sales of Assets, Fund Invest Manager Cost. 2 Includes Bank and CC Fees, Street Lights Expense, DDP Contribution, Trf to Cable Franchise Reserve, Trf to Electric I & E, and Trf to Electric Revenue Fund, Trf to Uncollectible Reserve and Misc. Grant Expense. Page 4 Page 150

Página 151

Item #18. Finance Department Monthly Report October 2022 General Fund Revenues $20,000,000 $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $- Property & Transfer Taxes Program Revenues Utility Transfers Grants Interfund Services All Other 1 Original Budget Actual General Fund Expenditures $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $- Program Expenses Interfund Services Debt Service Post Retirement Benefits Pension Fund Contributions Capital Project Transfers All Other 2 Original Budget Actual Page 5 Page 151

Página 152

Item #18. Finance Department Monthly Report October 2022 City of Dover Water Fund Summary Fiscal Year to Date (October 2022) Revenues Original Budget Actual % Customer Sales $ 6,500,000 $ 2,616,793 40% Impact Fees 220,000 132,729 60% Rents 425,400 399,756 94% Miscellaneous 1 59,600 52,566 88% $ 7,205,000 $ 3,201,845 44% Expenditures Original Budget Actual % Program Expenses $ 3,228,600 $ 1,071,449 33% Interfund Services 1,096,400 352,220 32% Debt Service 692,000 201,723 29% Post Retirement Benefits 207,400 69,132 33% Capital Project Transfers 920,700 460,350 50% Electric I&E Fund Transfer 25,000 - 0% General Fund Transfer 1,000,000 333,332 33% All Other 2 72,000 12,313 46% $ 7,242,100 $ 2,500,518 35% 1 Includes Penalties, Income from Sale of Assets, Miscellaneous Income, and Reconnect Fees. 2 Includes Bank & CC Fees. Page 6 Page 152

Página 153

Item #18. Finance Department Monthly Report October 2022 Water Revenues $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- Customer Sales Impact Fees Rents Miscellaneous 1 Original Budget Actual Water Expenditures $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- Program Expenses Interfund Services Debt Service Post Retirement Capital Project Electric I&E Fund General Fund Transfer All Other 2 Benefits Transfers Transfer Original Budget Actual Page 7 Page 153

Página 154

Item #18. Finance Department Monthly Report October 2022 City of Dover Wastewater Fund Summary Fiscal Year to Date (October 2022) Revenues Original Budget Actual % Customer Sales $ 9,922,700 $ 3,549,927 36% Impact Fees 180,000 120,098 67% Miscellaneous 1 4,200 54,725 1303% $ 10,106,900 $ 3,724,750 37% Expenditures Original Budget Actual % Program Expenses $ 1,454,800 $ 450,690 31% Kent County Treatment Fee 4,850,000 1,324,252 27% Interfund Services 841,600 264,701 31% Debt Service 715,000 90,857 13% Post Retirement Benefits 100,500 33,500 33% Capital Project Transfers 756,400 378,200 50% Electric I&E Transfer 25,000 - 0% General Fund Transfer 1,000,000 333,332 33% All Other 2 30,000 7,637 64% $ 9,773,300 $ 2,883,168 30% 1 Includes Interest Income, Penalties, Loss on Disposal, and Miscellaneous Income. 2 Includes Bank & CC Fees and transfer to Impact Reserve. Page 8 Page 154

Página 155

Item #18. Finance Department Monthly Report October 2022 Wastewater Revenues $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $- Customer Sales Impact Fees Miscellaneous 1 Original Budget Actual Wastewater Expenditures $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- Program Expenses Kent County Interfund Services Debt Service Post Retirement Capital Project Electric I&E Transfer General Fund All Other 2 Treatment Fee Benefits Transfers Transfer Original Budget Actual Page 9 Page 155

Página 156

Item #18. Finance Department Monthly Report October 2022 City of Dover Electric Fund Summary Fiscal Year to Date (October 2022) Revenues Original Budget Actual % Customer Sales $ 82,505,800 $ 29,568,402 36% Distribution of Earnings 21,840,000 8,253,094 38% All Other 1 10,892,000 562,078 5% $ 115,237,800 $ 38,383,575 33% Expenditures Original Budget Actual % Power Supply & Generation $ 86,970,700 $ 23,081,655 27% Electric Operating Div. Exp. 7,919,700 2,530,911 32% Interfund Services 4,243,400 1,330,432 31% Debt Service 1,591,600 467,318 29% Post Retirement Benefits 911,000 303,664 33% Capital Project Transfers 6,435,200 3,217,600 50% General Fund Transfer 8,000,000 2,666,664 33% All Other 2 3,120,700 1,253,742 45% $ 119,192,300 $ 34,851,987 29% 1 Includes Rental Revenue, Miscellaneous Service Revenue, Interest Earnings, Investment Management Fees, New Service Fees, Sale of Assets, Trf from Uncollectible Reserves, General Service Billing, Revenue from Rate Stabilization, Penalties, and Green Energy Charges. 2 Includes Utility Tax, Interest on Deposits, Bank & CC Fees, Bond Issuance Costs, Transfer to Uncollectible Reserve, and Green Energy. Megawatt Hours Sold & Purchased Rev. Budget Actual Sales to Customers MWh (excl. Street Light MWh) 747,331 275,041 Sales per MWh $137.42 $135.31 Purchased/Generated MWh 765,382- 279,225- All In MWh Supply & Generation $113.57 $82.63 Page 10 Page 156

Página 157

Item #18. Finance Department Monthly Report October 2022 Electric Fund - Revenues Mi l lions $- $10 $20 $30 $40 $50 $60 $70 $80 $90 $100 $110 $120 $130 Original Budget Actual Customer Sales Distribution of Earnings All Other 1 Electric Fund - Expenditures $95,000,000 $90,000,000 $85,000,000 $80,000,000 $75,000,000 $70,000,000 $65,000,000 $60,000,000 $55,000,000 $50,000,000 $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $- Power Supply & Electric Operating Post Retirement Capital Project General Fund Interfund Services Debt Service All Other 2 Generation Div. Exp. Benefits Transfers Transfer Original Budget $86,970,700 7,919,700 4,243,400 1,591,600 911,000 6,435,200 8,000,000 3,120,700 Actual $23,081,655 2,530,911 1,330,432 467,318 303,664 3,217,600 2,666,664 1,253,742 Original Budget Actual Page 11 Page 157

Página 158

Item #18. Finance Department Monthly Report October 2022 City of Dover Division Expense Summary (General Fund) Fiscal Year to Date (October 2022) Original Budget Actual % General Fund Divisions % of Budget City Clerk $ 379,300 $ 110,984 29% Council 256,800 70,077 27% Mayor Fire 724,000 300,098 41% Human Resources Grounds 1,611,100 526,031 33% Customer Services Library 1,916,500 599,139 31% Fleet Maintenance Recreation 1,341,300 404,241 30% Procurement & Inventory Life Safety 594,700 161,473 27% Code Enforcement 821,300 195,733 24% Engineering Planning 757,600 180,518 24% Facilities Management Public Inspections 758,200 235,372 31% Pub. Services Administration Police 19,206,200 5,610,915 29% Finance Police Extra Duty 405,000 293,863 73% Information Technology Streets 674,800 168,474 25% Sanitation 2,801,100 756,362 27% City Manager Stormwater 864,900 187,726 22% Stormwater City Manager 1,251,200 337,268 27% Sanitation Information Technology 832,700 339,561 41% Streets Finance 1,109,500 329,632 30% Police Extra Duty Pub. Services Administration 541,800 164,853 30% Police Facilities Management 844,200 280,581 33% Engineering 188,700 46,946 25% Public Inspections Procurement & Inventory 754,800 243,617 32% Planning Fleet Maintenance 941,100 349,003 37% Code Enforcement Customer Services 1,393,300 425,940 31% Life Safety Human Resources 488,300 114,279 23% Recreation Mayor 234,400 50,442 22% $ 41,692,800 $ 12,483,128 30% Library Grounds Fire Council City Clerk 0% 10% 20% 30% 40% 50% 60% 70% 80% Page 12 Page 158

Página 159

Finance Department Monthly Report October 2022 Item #18. City of Dover Utilities Expenditure Summary Fiscal Year to Date (October 2022) Water Divison Original Budget Actual % Engineering & Inspection $ 338,200 $ 119,893 35% Water Department 690,800 229,645 33% Water Treatment Plant 2,199,600 721,910 33% $ 3,228,600 $ 1,071,449 33% Wastewater Divison Original Budget Actual % Engineering & Inspection * $ 279,100 $ 126,135 45% Wastewater Department 1,175,700 324,555 28% $ 1,454,800 $ 450,690 31% Electric Division Original Budget Actual % Transmission/Distribution $ 4,196,300 $ 1,298,608 31% Electrical Engineering 1,611,300 474,293 29% Administration 894,100 394,909 44% Meter Reading 353,600 134,439 38% Systems Operations 864,400 228,662 26% $ 7,919,700 $ 2,530,911 32% Page 159 Page 13

Página 160

Finance Department Monthly Report October 2022 Item #18. Water Division % of Budget Water Treatment Plant Water Department Engineering & Inspection 32% 32% 33% 33% 34% 34% 35% 35% 36% 36% Wastewater Division % of Budget Wastewater Department Engineering & Inspection * 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% Electric Division % of Budget Systems Operations Meter Reading Administration Electrical Engineering Transmission/Distribution 0% 10% 20% 30% 40% 50% Page 160 Page 14

Página 161

Finance Department Monthly Report October 2022 Item #18. City of Dover Division Expense Summary (Electric Fund) Fiscal Year to Date (October 2022) Budget YTD (Over)/Under Original Budget Actual October Budget YTD 3rd Party Hedge Purchases $ 32,617,500 $ 11,554,966 $ 11,513,700 $ (41,266) Capacity Charges 13,528,300 3,966,831 4,568,100 601,269 Solar Power Supply 3,153,300 970,459 1,199,400 228,941 Solar Renewal Energy Crdt 388,300 129,048 169,200 40,152 Renewable Energy Credits 5,177,000 1,287,750 1,725,600 437,850 Regional Greenhouse Gas 53,500 - 17,833 17,833 PJM Charges Trans & Fees 10,111,200 4,069,382 3,389,800 (679,582) PJM Charges 25,850,300 1,975,637 9,034,300 7,058,663 Page 161 Page 15

Página 162

Finance Department Monthly Report October 2022 Item #18. City of Dover Capital Outlay Summary (All Funds) Fiscal Year to Date (October 2022) General Fund Original Budget Actual % Fire $ 360,800 $ 53,673 15% Code Enforcement 25,300 - 0% Police 858,200 72,909 8% Streets 128,000 1,888 1% Sanitation 527,000 - 0% Stormwater 1,865,700 288,002 15% Grounds 93,900 48,896 52% Recreation 1,940,000 66,017 3% Purchasing 172,000 61,092 36% Information Technology 153,100 3,580 2% Facilities Management 1 200,000 511,200 256% General Fund Capital Projects $ 6,324,000 $ 1,107,256 18% Water Fund Water $ 797,000 $ 78,078 10% Water Treatment Plant 148,700 - 0% Water Fund Capital Projects $ 945,700 $ 78,078 8% Wastewater Fund Wastewater 1,012,000 49,748 5% Wastewater Fund Capital Projects $ 1,012,000 $ 49,748 5% Electric Fund Electric Generation $ 4,000,000 $ 178,530 4% Transmission/Distribution 2,075,900 470,477 23% Electrical Engineering 745,000 244,584 33% ERP System 500,000 29,170 6% Electric Administration 1,570,000 129,487 8% Electric Fund Capital Projects $ 8,935,200 $ 1,052,247 12% TOTAL CAPITAL PROJECTS $ 17,216,900 $ 2,287,329 13% 1 Budget to Actual Variance due to Budget/Carryforward/Amendment Approved at the Nov 14th Council Mtg. Page 162 Page 16

Página 163

Finance Department Monthly Report October 2022 Item #18. Capital Outlay - All Divisions $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- Original Budget Actual Capital Outlay - By Fund $10,000,000 $8,935,200 $9,000,000 $8,000,000 $7,000,000 $6,324,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $945,700 $1,012,000 $1,107,256 $1,052,247 $1,000,000 $78,078 $49,748 $- Original Budget Actual General Fund Capital Projects Water Fund Capital Projects Wastewater Fund Electric Fund Capital Projects Page 163 Page 17

Página 164

Finance Department Monthly Report October 2022 Item #18. This page intentionally left blank Page 164 Page 18

Página 165

Item #19. MONTHLY REPORT OCTOBER 2022 Page 165

Página 166

Date Range: From 10/01/2022 to 10/31/2022 Incident Run Log Company: All Companies Item #19. Dover Fire Department Equipment Type(s): All Equipment Types Sorted by: Not selected Date FDID Incident# Alarm ### Address Suite Type Lgth 10/01/2022 30046 2022-001106 19:28 42 Ediman ct Dispatched & canceled en route 0.2 10/01/2022 30046 2022-001107 19:38 207 E CAMDEN WYOMING AVE Dispatched & canceled en route 0.2 10/01/2022 30046 2022-001108 22:42 SCARBOROUGH RD Motor vehicle accident with injuries 0.3 10/02/2022 30046 2022-001109 18:07 EXIT 93 Motor vehicle accident with no injuries. 0.3 10/02/2022 30046 2022-001110 21:07 655 S BAY RD System malfunction, other 0.9 10/03/2022 30046 2022-001111 01:03 BAY RD Motor vehicle accident with no injuries. 0.2 10/03/2022 30046 2022-001112 11:37 BAY RD Motor vehicle accident with injuries 0.2 10/03/2022 30046 2022-001113 11:49 1700 N DUPONT HWY F Smoke detector activation, no fire - unintentional 0.3 10/03/2022 30046 2022-001114 13:18 300 HARMONY LA Cooking fire, confined to container 0.7 10/03/2022 30046 2022-001115 19:00 313 CLEAR STREAM DR Smoke detector activation, no fire - unintentional 0.5 10/03/2022 30046 2022-001116 20:50 655 BAY RD Sprinkler activation due to malfunction 0.4 10/04/2022 30046 2022-001117 09:06 908 WOODCREST DR 2-8 Detector activation, no fire - unintentional 0.5 10/04/2022 30046 2022-001118 14:36 36 ACACIA PL Lock-out 0.6 10/04/2022 30046 2022-001119 15:32 14 ROCKFORD CROSSING Detector activation, no fire - unintentional 0.6 10/04/2022 30046 2022-001120 17:33 SR1 SR1 AND DAFB MAIN GATE EXIT Motor vehicle accident with no injuries. 0.3 10/04/2022 30046 2022-001121 19:55 213 N BRADFORD ST Chimney or flue fire, confined to chimney or flue 0.5 10/05/2022 30046 2022-001122 02:15 185 SAULSBURY RD Bomb scare - no bomb 0.6 10/05/2022 30046 2022-001123 14:04 139 S STATE ST Good intent call, other 0.3 10/05/2022 30046 2022-001124 18:42 650 S BAY RD 6 Passenger vehicle fire 0.3 10/05/2022 30046 2022-001125 22:04 812 PAUL ST CO detector activation due to malfunction 0.3 10/05/2022 30046 2022-001126 22:45 1200 N DUPONT HWY False alarm or false call, other 0.3 10/06/2022 30046 2022-001127 02:00 SCARBOROUGH RD Good intent call, other 0.4 10/06/2022 30046 2022-001128 07:35 430 KINGS HWY NE 1 System malfunction, other 0.5 10/06/2022 30046 2022-001129 13:40 345 W WIND DR Smoke detector activation due to malfunction 0.3 10/06/2022 30046 2022-001130 13:45 209 S STATE ST Unintentional transmission of alarm, other 0.4 10/06/2022 30046 2022-001131 14:43 216 N STATE ST Good intent call, other 0.2 10/06/2022 30046 2022-001132 14:52 811 WESTVIEW TERR Smoke detector activation due to malfunction 0.3 10/06/2022 30046 2022-001133 15:39 507 NIMITZ RD Assist invalid 1.4 10/06/2022 30046 2022-001134 20:09 1463 CHESNUT GROVE RD Emergency medical service incident, other 0.8 10/07/2022 30046 2022-001135 12:13 24 PATRIOT DR Gas leak (natural gas or LPG) 0.4 10/07/2022 30046 2022-001136 12:36 1200 N DUPONT HWY Smoke detector activation due to malfunction 0.7 10/07/2022 30046 2022-001137 13:48 970 WHATCOAT DR Central station, malicious false alarm 0.3 10/08/2022 30046 2022-001138 10:33 298 S DUPONT WHY Gas leak (natural gas or LPG) 0.7 10/08/2022 30046 2022-001139 17:23 18 MIFFLIN MEDOWS DR Dispatched & canceled en route 0.5 10/08/2022 30046 2022-001140 22:41 1005 COLLEGE RD Motor vehicle accident with injuries 0.6 10/09/2022 30046 2022-001141 11:40 186 STONEY DR Smoke detector activation, no fire - unintentional 0.3 10/10/2022 30046 2022-001142 05:50 30 OLD RUDNICK LA Sprinkler activation due to malfunction 0.6 10/10/2022 30046 2022-001143 11:05 111 ANN AVE Gas leak (natural gas or LPG) 0.2 10/10/2022 30046 2022-001144 11:56 1045 N DUPONT HWY Alarm system activation, no fire - unintentional 0.2 10/10/2022 30046 2022-001145 13:47 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.3 10/10/2022 30046 2022-001146 14:00 1200 N DUPONT HWY 56 Detector activation, no fire - unintentional 0.4 10/10/2022 30046 2022-001147 17:47 353 FORTY NINE PINES DRIVE Detector activation, no fire - unintentional 0.3 10/11/2022 30046 2022-001148 01:14 43 S DUPONT HWY Dumpster or other outside trash receptacle fire 1.1 10/11/2022 30046 2022-001149 01:19 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.2 10/11/2022 30046 2022-001150 02:40 905 S GOVERNORS AVE Alarm system activation, no fire - unintentional 0.3 10/11/2022 30046 2022-001151 05:29 32 W LOOCKERMAN ST System malfunction, other 0.6 10/11/2022 30046 2022-001152 10:43 680 BAY RD Unintentional transmission of alarm, other 0.1 10/11/2022 30046 2022-001153 12:02 411 S QUEEN ST Cooking fire, confined to container 0.2 10/11/2022 30046 2022-001154 12:11 14 S CAESAR RODNEY AVE Building fire 2.1 10/11/2022 30046 2022-001155 12:28 155 COMMERCE WAY False alarm or false call, other 0.4 10/11/2022 30046 2022-001156 13:20 120 PENNINGTON PL Cooking fire, confined to container 0.2 10/11/2022 30046 2022-001157 18:23 E LOOCKERMAN ST Good intent call, other 0.3 10/11/2022 30046 2022-001158 19:06 131 RODRIC TERR Good intent call, other 0.4 10/11/2022 30046 2022-001159 19:23 755 WALKER RD B Good intent call, other 0.8 10/12/2022 30046 2022-001160 04:41 560 S GOVERNORS AVE False alarm or false call, other 0.3 10/12/2022 30046 2022-001161 06:49 E LOOCKERMAN ST Outside rubbish, trash or waste fire 0.3 10/12/2022 30046 2022-001162 09:56 2541 FORREST AVE Motor vehicle accident with injuries 0.6 10/12/2022 30046 2022-001163 10:41 46 S BRADFORD ST Alarm system activation, no fire - unintentional 0.1 10/12/2022 30046 2022-001164 20:11 108 TUCKET CIR Forest, woods or wildland fire 0.4 Page 166 Date: 12/07/2022 Page: 1 Time:08:46

Página 167

Date FDID Incident# Alarm ### Address Suite Type Lgth 10/12/2022 30046 2022-001165 21:14 457 SUSSEX AVE EMS call, excluding vehicle accident with injury Item #19. 0.7 10/13/2022 30046 2022-001166 09:56 208 N BRADFORD ST False alarm or false call, other 0.5 10/13/2022 30046 2022-001167 09:58 105 KATRINA WAY System malfunction, other 0.5 10/13/2022 30046 2022-001168 12:02 EXIT 98 ROUTE 1 NB Passenger vehicle fire 0.4 10/13/2022 30046 2022-001169 21:35 150 LAKEVIEW DR Arcing, shorted electrical equipment 0.4 10/13/2022 30046 2022-001170 22:05 EXIT 93 ROUTE 1 SB Motor vehicle accident with injuries 0.6 10/14/2022 30046 2022-001171 09:33 320 BILLY MITCHELL LN Good intent call, other 0.8 10/14/2022 30046 2022-001172 11:30 1289 WALKER RD BUILD A Unintentional transmission of alarm, other 0.1 10/15/2022 30046 2022-001173 11:12 3005 SEVEN HICKORIES RD Dispatched & canceled en route 0.2 10/15/2022 30046 2022-001174 14:26 18 OLD RUDNICK LN Unintentional transmission of alarm, other 0.3 10/16/2022 30046 2022-001175 04:38 153 S BRADFORD ST Assist police or other governmental agency 0.3 10/16/2022 30046 2022-001176 09:15 153 S BRADFORD ST Assist police or other governmental agency 0.6 10/16/2022 30046 2022-001177 13:22 75 QUAIL LANDING CIR Cooking fire, confined to container 0.4 10/16/2022 30046 2022-001178 22:37 1180 MADISON CT Alarm system activation, no fire - unintentional 0.3 10/17/2022 30046 2022-001179 00:18 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.5 10/17/2022 30046 2022-001180 01:36 1300 S FARMVIEW DR M Alarm system activation, no fire - unintentional 0.3 10/17/2022 30046 2022-001181 04:05 1300 S FARMVIEW DR M Alarm system activation, no fire - unintentional 0.3 10/17/2022 30046 2022-001182 04:13 401 Doveview Drive 404 Water or steam leak 0.7 10/17/2022 30046 2022-001183 13:27 561 N DUPONT HWY False alarm or false call, other 0.6 10/17/2022 30046 2022-001184 14:43 400 COURT ST False alarm or false call, other 0.0 10/18/2022 30046 2022-001185 11:17 46 S QUEEN ST Hazardous condition, other 0.8 10/18/2022 30046 2022-001186 14:08 1200 N DUPONT HWY Alarm system sounded due to malfunction 0.2 10/18/2022 30046 2022-001187 20:17 1110 S LITTLE CREEK RD Smoke detector activation, no fire - unintentional 0.7 10/19/2022 30046 2022-001188 01:44 201 JAMES CT Good intent call, other 0.5 10/19/2022 30046 2022-001189 03:10 325 BROAD STAIRS PL B False alarm or false call, other 0.3 10/19/2022 30046 2022-001190 11:44 1215 S STATE ST Overheated motor 0.8 10/19/2022 30046 2022-001191 12:45 2285 S STATE ST Building fire 0.8 10/19/2022 30046 2022-001192 15:45 1225 WALKER RD Detector activation, no fire - unintentional 0.5 10/19/2022 30046 2022-001193 22:04 1200 N DUPONT HWY Arcing, shorted electrical equipment 0.9 10/20/2022 30046 2022-001194 14:26 645 W NORTH ST Brush or brush-and-grass mixture fire 0.3 10/20/2022 30046 2022-001195 18:33 909 N DUPONT HWY Brush or brush-and-grass mixture fire 0.1 10/20/2022 30046 2022-001196 19:20 112 FULTON ST False alarm or false call, other 0.2 10/20/2022 30046 2022-001197 19:20 924 ARTIS DR Outside rubbish fire, other 1.1 10/20/2022 30046 2022-001198 20:20 1570 N DUPONT HWY False alarm or false call, other 0.5 10/21/2022 30046 2022-001199 10:21 611 FOREST ST Malicious, mischievous false call, other 0.2 10/21/2022 30046 2022-001200 13:20 1200 N DUPONT HWY Public service assistance, other 4.4 10/21/2022 30046 2022-001201 19:13 241 GRINDING WHEEL DR Water problem, other 0.8 10/22/2022 30046 2022-001202 00:19 425 N DUPONT HWY Smoke scare, odor of smoke 0.6 10/22/2022 30046 2022-001203 10:15 WYOMING MILL SPUR Motor vehicle accident with injuries 0.7 10/22/2022 30046 2022-001204 11:11 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.5 10/22/2022 30046 2022-001205 11:40 300 ISABELLE ISLE Municipal alarm system, malicious false alarm 0.5 10/22/2022 30046 2022-001206 13:19 774 MINIMA ST Gas leak (natural gas or LPG) 0.3 10/22/2022 30046 2022-001207 19:35 1061 N DUPONT HWY HazMat release investigation w/no HazMat 0.8 10/23/2022 30046 2022-001208 13:23 100 MEDLEY CT Smoke scare, odor of smoke 0.4 10/23/2022 30046 2022-001209 18:49 20 N BRADFORD ST Smoke scare, odor of smoke 0.8 10/24/2022 30046 2022-001210 12:17 19 SPRUANCE RD False alarm or false call, other 0.2 10/24/2022 30046 2022-001211 13:58 515 N DUPONT HWY False alarm or false call, other 0.6 10/24/2022 30046 2022-001212 15:25 705 N DUPONT HWY False alarm or false call, other 0.2 10/24/2022 30046 2022-001213 15:38 515 N DUPONT HWY False alarm or false call, other 0.4 10/24/2022 30046 2022-001214 16:09 1294 FORREST AVE False alarm or false call, other 0.3 10/25/2022 30046 2022-001215 01:08 208 N BRADFORD ST False alarm or false call, other 0.3 10/25/2022 30046 2022-001216 05:25 GREEN HILL RD Dispatched & canceled en route 0.3 10/25/2022 30046 2022-001217 08:56 655 BAY ROAD Gasoline or other flammable liquid spill 0.5 10/25/2022 30046 2022-001218 16:59 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.4 10/25/2022 30046 2022-001219 17:24 EXIT 2A PUNCHEON RUN Motor vehicle accident with injuries 0.3 10/26/2022 30046 2022-001220 00:38 6 VERA WAY Building fire 1.9 10/26/2022 30046 2022-001221 11:31 211 DELAWARE AVE Malicious, mischievous false call, other 0.2 10/26/2022 30046 2022-001222 15:31 400 COUNTRY DR Trash or rubbish fire, contained 1.9 10/27/2022 30046 2022-001223 10:45 561 N DUPONT HWY Smoke scare, odor of smoke 0.3 10/27/2022 30046 2022-001224 15:17 640 S STATE ST Smoke scare, odor of smoke 0.7 10/28/2022 30046 2022-001225 01:42 133 CHERRY ST Smoke scare, odor of smoke 0.5 10/28/2022 30046 2022-001226 05:01 208 N BRADFORD ST Malicious, mischievous false call, other 0.3 10/28/2022 30046 2022-001227 14:56 1414 HOPKINS AVE Detector activation, no fire - unintentional 0.4 Page 167 Date: 12/07/2022 Page: 2 Time:08:46

Página 168

Date FDID Incident# Alarm ### Address Suite Type Lgth 10/28/2022 30046 2022-001228 15:20 7758 WILLOW GROVE RD Camper or recreational vehicle (RV) fire Item #19. 1.2 10/28/2022 30046 2022-001229 15:43 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.5 10/28/2022 30046 2022-001230 20:14 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.4 10/29/2022 30046 2022-001231 00:05 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.4 10/29/2022 30046 2022-001232 09:23 27 S BRADFORD ST Smoke detector activation, no fire - unintentional 0.1 10/29/2022 30046 2022-001233 18:57 14 ROCKFORD CROSSING Sprinkler activation due to malfunction 0.3 10/29/2022 30046 2022-001234 19:16 17 ROCKFORD CROSSING Medical assist, assist EMS crew 0.1 10/29/2022 30046 2022-001235 19:23 COLLEGE RD Motor vehicle accident with no injuries. 0.4 10/29/2022 30046 2022-001236 20:12 810 NEW BURTON RD Sprinkler activation due to malfunction 0.3 10/30/2022 30046 2022-001237 02:57 320 MISHOE ST Good intent call, other 0.3 10/30/2022 30046 2022-001238 15:42 316 W WIND DR False alarm or false call, other 0.7 10/30/2022 30046 2022-001239 15:48 405 SUSSEX AVE Dumpster or other outside trash receptacle fire 0.2 10/31/2022 30046 2022-001240 11:37 1710 N DUPONT HWY Lock-out 0.5 10/31/2022 30046 2022-001241 15:37 950 WHATCOAT DR Municipal alarm system, malicious false alarm 0.2 10/31/2022 30046 2022-001242 19:19 1570 N DUPONT HWY Heat from short circuit (wiring), defective/worn 0.7 10/04/2022 30046 2022-001252 11:36 FORREST AVE Medical assist, assist EMS crew 0.0 10/16/2022 30046 2022-001253 11:22 BASSETT ST Dispatched & canceled en route 0.0 10/19/2022 30046 2022-001254 12:47 200 E CAMDEN WYOMING AVE Cover assignment, standby, moveup 0.0 Total Number of Incidents: 140 Total Length of Incidents: 68.3 Hours Page 168

Página 169

Item #19. Page 169

Página 170

Item #20. Page 170

Página 171

Item #20. DEPARTMENT OF POLICE Thomas A. Johnson, Jr. 400 South Queen Street Chief of Police Dover, Delaware 19904 302-736-7111 December 12, 2022 Honorable Robin Christiansen, Mayor Members of Dover City Council City Hall Dover, DE 19901 Mayor Christiansen and Council Members: The following is the monthly report of Dover Police Department activities for October 2022: COMPLAINTS/EVENTS YTD Totals compiled through October numbered 33,791. This represents an increase of 662 from the reported over the same period in 2021. 40,000 36,548 34,750 33,129 33,791 28,054 30,000 20,000 10,000 0 2018 2019 2020 2021 2022 CRIMINAL INVESTIGATIONS Burglary: 8 cases reported, 5 cases cleared and 1 case cleared from previous months. Robbery: 2 cases reported, 0 cases cleared and 0 cases cleared from previous months. Sex Assault: 4 cases reported, 4 cases cleared and 0 cases cleared from previous months. Homicide: 1 case reported, 1 case cleared. There were 7 Non-Criminal Death Investigations,7 cases cleared and 1 case cleared from previous months. 1|Page Page 171

Página 172

Item #20. DRUG, VICE, & ORGANIZED CRIME / STREET CRIMES UNIT ENFORCEMENT Marijuana: 3,795.9 grams seized Cocaine: 94.38 grams seized Ecstasy: 46 doses seized Prescription Pills: 42 doses seized Heroin: 3.745 grams seized Methamphetamine: 11.5 grams seized Fentanyl: 61.1 grams seized Other Rx Drugs: 0 grams/doses seized Drug Proceeds: $4,359 seized FIREARM SEIZURES/INSIDE CITY LIMITS 15 10 6 5 1 1 0 0 0 0 0 0 0 0 0 0 0 CI DVOC/STREET PATROL SEU CRIMES HANDGUN RIFLE SHOTGUN Firearms: 7 Handguns & 1 Rifle. TRAFFIC ENFORCEMENT YTD Citation Totals compiled through October numbered 4,907. This represents a decrease of 1,450 from the 6,357 reported over the same period in 2021. 9,000 7,897 8,000 7,564 7,000 6,357 6,000 4,907 5,000 4,462 4,000 3,000 2,000 1,000 0 2018 2019 2020 2021 2022 TRAFFIC CRASHES: YTD = 2,008 2|Page Page 172

Página 173

Item #20. 911 CENTER ACTIVITY Total compiled during October numbered 7453 calls. This represents a decrease of 591 from the 8,044 reported during the same period in 2021. 8,200 8,044 8,000 7,825 7,800 7,684 7,600 7,453 7,400 7,200 7,079 7,000 6,800 6,600 6,400 2018 2019 2020 2021 2022 CITY ORDINANCE SUMMONS YTD Totals compiled through October numbered 3,278. This represents a decrease of 254 from the 3,532 reported over the same period in 2021. 5,000 4,345 4,565 4,000 3,532 3,278 3,054 3,000 2,080 2,000 1,653 1,330 833 678 1,000 0 2018 2019 2020 2021 2022 ISSUED 4,345 4,565 3,054 3,532 3,278 PAID 2,080 1,653 1,330 833 678 3|Page Page 173

Página 174

Item #20. COMMUNITY POLICING This proactive unit takes the lead on community engagement and supporting our community organizations. They have administrative responsibilities and also support other departmental units, such as patrol, during times of high work volumes or special operations with enforcement activities. In addition to those duties, the unit accomplished the following in October:  Participation in the “Amazing Chase” Event  Participation in National Walk to School Day  Assisted with Citizen’s Police Academy sessions  Assisted with Municipal Police Academy Instruction  Assisted Patrol with a brief barricade situation  Participation in the Presidential visit to the DSU campus  Participation in Dover High School Homecoming Parade  Liaison with Liberty Court manager regarding items noted on monthly stat review  Supported the PAL Childhood Cancer 5K Run  Community Engagement at Dick’s Sporting Goods  Attended the Hamlet HOA meeting  Participation in Faith & Blue Weekend activities and Cookout  Staged a “Coffee with a Cop” session at the House of Coffi  Addressed homeless situations near the Kohl’s property, 14 W. Loockerman, the Lowes property, and the Walgreens property  Took action related to a civil complaint at Persimmon Park Place  Participation in the Super Senator Day  Participation in the Career Fairs at Smyrna and Caesar Rodney High Schools  Multiple Property Checks at 132 S. New Street and Lake Club Apartments  Participated in the Murphy School Centennial Celebration event  Addressed an ongoing neighbor dispute at a block in Capital Green  Provided Halloween Candy at various “trunk or treat” events  Addressed a neighborhood dispute on Fairwinds Place  Addressed a neighborhood dispute impacting the 500 block of E. Loockerman Street  Participation in the recognition of the W. Reily Brown Safety Patrol  There was a separate Community Outreach event at W. Reily Brown Elementary  Participation in the Downtown Dover Partnership & Kent County Crime Watch meetings  Addressed a harassment complaint on Forest Creek Drive  Support several understaffed patrol shifts  Assisted other units with multiple prisoner transports to the SCI  Community Response Vehicle visited Liberty Court and Town Pointe Elementary  Assisted Towne Point property management with a chronically disorderly individual.  Behavioral Health Unit made 48 field contacts and took official actions with 24 clients  Continued foot patrols along Loockerman Street Corridor  Assisted DelDOT with a homeless encampment near Eden Hill  Also assisted DelDOT with a planned fire drill  Assisted DSU with the Homecoming Concert and Homecoming Parade events  Assisted Code Enforcement with an enforcement action at Kings Cliff MHP  Multiple CPU Officers attended schools for topics including Motors, Crisis Intervention, SORT, and Crisis Negotiation assignments  Continued planning for Holiday event coming up on Legislative Mall 4|Page Page 174

Página 175

Item #20.  Attended a Rock the Block in support of Habitat for Humanity Members of the CPU attend numerous meetings with community associations and organizations as a part of our ongoing liaison relationships. CHIEF’S ADVISORY COMMITTEE The Police Chief’s Advisory Committee (PCAC) is comprised of nine (9) diverse stakeholders living/working in the City of Dover. It meets regularly to provide input/feedback to the Chief on the various operations of the agency. October activity is as follows:  The Advisory Committee met on October 3, 2022. Member Waverly DeBraux led off as he advised the committee regarding his engagement activity at National Night Out.  The Youth Sub-Committee had not yet met as of this meeting. Member Kayla Waweru is new to her role and is still getting organized as well as recruiting participants for the school year.  The planned trip to the Dover PD shooting range in Bridgeville had to be cancelled due to inclement weather.  The committee was briefed on the updates and expansion of the city camera system. No major concerns were identified and the Chief will provide additional updates as the project moves forward.  The committee set a next meeting date for November 7, 2022. PROGRAMS AND INITIATIVES  The annual PAL Childhood Cancer 5K run was briefly postponed due to weather but did occur on October 15th. Corporal Anthony Smith put together another excellent event that raised funds for PAL and the B+ (Be positive) Foundation which is a large provider of financial assistance for families of children fighting cancer.  The Faith and Blue Weekend occurred between October 7 and October 10, 2022. The planned Dover event took place on the Green on October 8th from 11 a.m. to 3 p.m. In order to be of more service to residents, businesses and service agencies were encouraged to set up a display for the attendees. Several members of City Council joined the Mayor and members of the Police Department in an afternoon of fellowship with our faith based community and other great community partners. The event did not realize the attendance it had hoped for but it was noted that the Cookout was competing with other popular fall events that day. Special thanks Reverend Harris, Tracey Palmer Ministries, Councilman Rocha, Councilman Boggerty, and Council President Sudler for their “hands on” participation.  The 4th session of the Dover Municipal Police Academy kicked off on October 9, 2022. Of the 6 Dover PD Recruit Officers scheduled for the session, we unfortunately saw one 5|Page Page 175

Página 176

Item #20. of them withdraw before starting and another drop out before the month ended. The remaining four are progressing well through the 20-week program.  As anticipated, turnout continues to be low for assessment day for police recruit applicants. On October 2, 2022, 30 individuals reported for testing and ultimately 8 of them made it through the physical agility test, the written test and the basic oral board. That group is currently going through the background investigation stage and any successful candidates will be considered for the Spring Academy in 2023.  We continue to make slow but steady progress trying to fill several non-sworn vacancies in the agency. Background investigations are in progress for candidates that have applied for positions in our Records Unit, Dispatch Center, and Cadet Program. Applications are being received for the open Animal Control Officer position and interviews will be scheduled as soon as practical.  The Chief attended the International Association of Chiefs of Police (IACP) Conference in Dallas, TX between October 14th and October 19th. Along with other Chiefs from Delaware, Chief Johnson attended classes and seminars geared to professional development, industry best practices, and 21st Century police programs. Please visit our website at www.doverpolice.org for up to date information on crimes and activities in the City of Dover. Respectfully Submitted, Thomas A. Johnson, Jr. Chief of Police 6|Page Page 176

Página 177

Item #21. Page 177

Página 178

FINAL READING Item #22. 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 P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 178 Community Excellence Through Quality Service

Página 179

Item #22. Proposed Ordinance #2022-22 Chapter 2 - Administration, Article V - Finance Page 2 40 these projects might not occur otherwise. 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. P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 179 Community Excellence Through Quality Service

Página 180

Item #22. Proposed Ordinance #2022-22 Chapter 2 - Administration, Article V - Finance 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 133 substantially greater in value than that of the sum of the parcels considered individually, city P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 180 Community Excellence Through Quality Service

Página 181

Item #22. Proposed Ordinance #2022-22 Chapter 2 - Administration, Article V - Finance Page 4 134 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 ADOPTED: * 174 S:\ORDINANCES\2022\DRAFT\ORDINANCE #2022-22 - CHAPTER 2 - ADMINISTRATION, ARTICLE V - FINANCE\Chapter 2 - Administration, Article V - Finance.docx 175 176 SYNOPSIS 177 This Ordinance creates a new Section to implement the authority granted to the City of Dover pursuant 178 to 22 Delaware Code, Chapter 17, Municipal Tax Increment Financing Act. It renumbers the existing 179 code as necessary. 180 181 (SPONSORS: ANDERSON, PILLSBURY, AND ROCHA) P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 181 Community Excellence Through Quality Service

Página 182

Item #22. Proposed Ordinance #2022-22 Chapter 2 - Administration, Article V - Finance Page 5 182 183 184 Actions History: 185 12/12/2022 – Second/Final Reading at Council 186 11/28/2022– First Reading at Council 187 11/15/2022– Introduced at the Legislative, Finance, and Administration Committee 188 P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 182 Community Excellence Through Quality Service

Página 183

FINAL READING Item #23. 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 34 12/12/2022 – Second/Final Reading at Council 35 11/28/2022– First Reading at Council 36 11/15/2022 - Introduced at Legislative, Finance, and Administration Committee P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 183 Community Excellence Through Quality Service

Página 184

FINAL READING Item #24. 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 184 Community Excellence Through Quality Service

Página 185

Item #24. Proposed Ordinance #2022-24 Chapter 2 - Article IV – City Clerk Page 2 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 12/12/2022 - Second/Final Reading at Council 77 11/28/2022– First Reading at Council 78 11/15/2022 - Introduced at Legislative, Finance, and Administration Committee P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 185 Community Excellence Through Quality Service

Volver a esta reunión