CCW PACKET REVISED

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, June 13, 2023 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA THIS AGENDA AND PACKET HAVE BEEN REVISED BY ADDING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ITEM #3 – SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT MUNICIPAL COLLABORATIVE INITIATIVE WITH THE DOVER/KENT COUNTY METROPOLITAN PLANNING ORGANIZATION (SHARON DUCA, ASSISTANT CITY MANAGER), AND PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE ITEM #1 – CONSIDERATION OF A PUBLIC SPACE NAMING POLICY (TRICIA K. ARNDT, CHAIR OF PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE) Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/s58d5 Event number: 2535 498 8627 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE ADOPTION OF THE AGENDA 1. Consideration of a Public Space Naming Policy (Tricia K. Arndt, Chair of Parks, Recreation, and Community Enhancement Committee) 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - June 13, 2023 PAGE 2 MAYOR AND COUNCIL REPORTS 1. Council President Hare 2. First District 3. Second District 4. Third District 5. Fourth District 6. At-Large 7. Mayor Christiansen ADJOURNMENT OF THE PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING UTILITY COMMITTEE ADOPTION OF THE AGENDA 1. Presentation - Electric Rate Study (Scott Burnham, Partner and Business Development Lead, NewGen Strategies and Solutions) (Committee action not required) ADJOURNMENT OF THE UTILITY COMMITTEE MEETING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. Homeland Security Grant Program (HSGP) Approval for the Water System and Well Sites Security Project (Kay Sass, Public Affairs and Emergency Management Coordinator) (Staff Recommendation: Authorize the City Manager to accept the reimbursement grant for all costs associated with the purchase and installation of the video surveillance and fencing. Authorize the sole source designation for Advantech.) 2. Dover Code of Ordinances - Citation Discussion (Mary Ellen Gray, Planning and Community Development Director) (Staff Recommendation: Approval of the four bulleted recommendations included in the memo from Mary Ellen Gray.) 2

COUNCIL COMMITTEE OF THE WHOLE MEETING - June 13, 2023 PAGE 3 3. Safe Streets and Roads for All (SS4A) Grant Municipal Collaborative Initiative with the Dover/Kent County Metropolitan Planning Organization (Sharon Duca, Assistant City Manager) (Staff Recommendation: That City Council make a leadership commitment to participate with the Dover / Kent County MPO, and other municipalities, in the application to the SS4A program to prepare a regional Comprehensive Safety Action Plan.) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE 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 3

Item 1. Consideration of a Public Space Naming Policy The City of Dover does not have an official policy guiding the naming of city-owned properties such as parks, recreational spaces, etc. Likewise, there is no official application or vetting process. A policy would guide the naming/re-naming of city-owned property in a fair, objective, and equitable process that is reflective of the area’s history, characteristics, and community culture. For Discussion: Would the City benefit from such a policy? And if so, what criteria should be included? Three examples of such policies are provided below for the committee’s reflection: Vermillion, South Dakota General Principles Action to name or rename will be completed via a City Council Resolution. In considering proposals for the naming or renaming of a City facility, room or public space, the following general principles will be taken into account either collectively or individually. o The name shall engender a strong positive image for the community. o Be appropriate with regard to the municipal asset's location and/or history. o Have a long-term impact that will convey historical, cultural, or social significance for future generations. o Commemorate places, people, or events that are of continued importance to the city, region, state, and/or nation. o Have symbolic value that transcends its ordinary meaning or use and enhances the character and identity of the municipal asset. o Have broad public support. o Shall not result in the undue commercialization of the municipal asset if it accompanies a corporate gift. Naming Instances Community Request or Gift Proposals to rename a City facility, room, or public space whether for a major gift or as a community request are not encouraged. Likewise, names that have become widely accepted by 4

Item 1. the community will not be abandoned unless there are compelling reasons and strong public sentiment from the broader community for doing so. Historical or commonly used place names will be preserved wherever possible. In Memory of Outstanding Individuals Naming or renaming a City facility, room, or public space for an outstanding individual is encouraged only for those who have been deceased for at least one year and where that person's significance and good reputation have been accepted in Vermillion's, South Dakota's, and/or United States history. The City Council may review City facility, room, or public space names periodically to determine if the name continues to be relevant for a public facility. In considering the naming or renaming of a City facility, room, or public space after a deceased person, priority will be given to those who made a sustained and lasting contribution to: o The City facility, room, or public space considered for renaming/naming o The City of Vermillion o The State of South Dakota o The United States of America (Source: https://www.vermillion.us/274/Public-Space-Naming-Policy; accessed on 6/9/2023) City of Monroe, Michigan POLICY STATEMENT The City of Monroe is committed to providing a fair, consistent, and efficient process while respecting the important need for public consultation and legislative approval in regards to the naming of city-owned (municipal) properties such as parks, alleyways, recreational areas, municipal buildings, facilities and public right of ways. The intent of this policy is to guide the naming of city-owned property in a fair, objective, and thoughtful manner, and aid in the selection of names suitable for the property, respective of the history of the site or area, useful to the public and reflecting the community culture. GENERAL Naming property owned by the City of Monroe requires administrative action. The Monroe City Council retains the authority to establish formal legal names for city-owned properties, including public right of ways. 5

Item 1. When an application is received, the City Manager and Department Directors shall review to provide input on the feasibility and logistics related to implementation, including cost estimates and historical information related to the requested site. After an administrative review, the application will be sent to the Ethics Committee for review, analysis, and recommendation to City Council. Review of the application, letters, and any documents submitted by the applicant and administration is designed to ensure the integrity and completeness of the naming process. The Ethics Committee must deliver a response to the City Council within 90 days of the Ethics Chairperson’s receipt of the application request. Within 45 days of receipt of the Ethics Committee recommendation, the City Council will place the application on the City Council agenda for consideration. The opportunity for public comments shall be included prior to City Council action. After City Council determination, approved naming requests will be returned to City Administration for design, implementation, and coordination with the applicant. Any application request not approved through the process or by City Council will have a waiting period of one year before resubmission of the same naming request. (Source: https://www.monroemi.gov/c_i_t_y_h_a_l_l/departments/administration/city_manager/naming_policy; accessed on 6/9/2023) City of Upper Arlington, Ohio POLICY FOR NAMING PUBLIC PROPERTIES [1] WHEREAS, the City Council wishes to carefully deliberate the naming of streets, parks, and other public places; and, WHEREAS, the City Council desires that during such deliberations, particular consideration will be given to honor people or events associated with Upper Arlington in addition to other standards established by these guidelines; and, WHEREAS, the City Council desires that any individual, group, or organization may propose a name to City Council using an application available from the City Manager's office; and, WHEREAS, while these guidelines are expressed in the document with their intended purposes and goals, they are intended to be guidelines only and interpreted as such, meaning, under circumstances deemed appropriate by Council and the City Manager, any of the guidelines/standards set forth herein may be waived or amended with the recommendation of the City Manager and by a majority vote of Council; 6

Item 1. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Upper Arlington hereby adopts the following guidelines for the City of Upper Arlington to be used when considering the naming of public properties. BE IT FURTHER RESOLVED that the policy should be administered as follows: • Section 1. - General Guidelines 1.1 Under these Guidelines, the City will consider the naming of publicly owned streets in their entirety of at least one block in length, traffic islands, parks and buildings or components within parks or buildings. 1.2 No name will be given to any public property which may limit its use. 1.3 The naming of any property shall not provide a property right to the recipient of the naming. 1.4 There is no assumption of right for a private donor to name a property because the property was a gift to the public unless such right was required contractually with an agreement. 1.5 The naming of residential subdivision plats and streets will be allowed by the developer if the names are in compliance with Section 1.4 of these Guidelines, as well as other regional standards as applied by the City's Community Development Director or designee. 1.6 The legend of any sign or plaque as required in Section 3.1 must be written or approved by the committee as appointed under Section 4.1. 1.7 The City reserves the right to deviate from the policy if it is deemed to serve the best interest of the City. (Source:https://library.municode.com/oh/upper_arlington/codes/city_policies?nodeId=UPARPO_PONAPUPR; accessed on 6/9/2023) 7

Item 1. June 13, 2023 CITY OF DOVER COMMITTEE OF THE WHOLE COST OF SERVICE STUDY 8 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC

Item 1. Cost of Service/Rate Design Overview 1 Revenue Requirement 2 AGENDA Cost of Service 3 Rate Recommendations by Phase 4 9 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 22

Item 1. STEPS IN THE ANALYTICAL RATEMAKING PROCESS Determine the revenue Revenue Requirement STEP 1 requirements of the utility Determination Unbundle costs by functions STEP 2 and services (production, transmission, distribution, etc.) Classify costs (demand, energy, STEP 3 customer costs, etc.) Cost Allocation Allocate cost among customer STEP 4 classes STEP 5 Design rates Rate Design 10 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 3

Item 1. REVENUE REQUIREMENT • Revenue Requirement based on five-year “Test Year” (FY 2024–FY 2028): ̶ City’s financial forecast/budget for operating expenses: • Includes updated increases in salaries and related benefits ̶ Cash basis ̶ Recognizes existing reserve levels/policies: • Transfer to the General Fund • Utilizing reserve for capital improvements • Includes TEA costs for future fuel/power. 11 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 4

Item 1. KEY DEVELOPMENTS SINCE 2018 COST OF SERVICE STUDY • Revenue Requirement increase 24% ($19M): ̶ Purchased Power Costs increase 30% ($17.7M) ̶ Projected Labor Cost adjustment increase 35% ($3.7M) ̶ Reduction in funding Capital Improvements through rates (less $5M) ̶ Rate Stabilization fund providing benefit to all Customer Classes 12 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 5

Item 1. TEST YEAR 2024–2028 REVENUE REQUIREMENT ($000) Item Test Year Operation and Maintenance Expense Dover Production $2,291 PJM Purchased Power $69,130 Transmission & Distribution $9,321 Metering/Customer $979 Admin & General $6,682 Subtotal O&M Expenses $88,403 Debt Service $1,597 Transfer to General Fund $8,800 Appropriations to Reserve Funds ($273) Subtotal Revenue Requirement $98,527 Less Other Income $684 Total Revenue Requirement $97,843 Revenue at Current Rates $81,820 Difference ($) ($16,023) Difference (%) (19.58%) 13 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 6

Item 1. TEST YEAR REVENUE REQUIREMENT BY FUNCTION ($000) Test Year Revenue Requirement by Function TY $ TY % Power Purchase with Generation $79,151 81% Transmission $6,697 7% Distribution $9,667 10% Customer $2,144 2% Street Lighting $184 0% Total Cost of Service $97,843 100% 14 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 7

Item 1. COST OF SERVICE COMPARED TO PROJECTED REVENUE ($000) TEST YEAR COS Analysis TY COS TY Revenue $ Change % Change Residential Service $37,998 $30,669 $7,329 19% Small Commercial $5,500 $3,672 $1,829 33% Medium Commercial $5,620 $4,765 $854 15% Large Commercial $18,077 $16,181 $1,896 10% Primary Service $18,079 $15,661 $2,418 13% Lighting $865 $1,240 ($375) (43%) Transmission Service $11,704 $9,632 $2,072 18% Total System $97,843 $81,820 $16,023 16% 15 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 8

Item 1. RESERVE ACCOUNTS Reserve Account Impact on Rates ($000) Description Depreciation Reserve Account (Policy $10M) $1,000 Capital Improvements Future Capacity Account (Policy $10M) No Impact Capital Improvements Insurance Stabilization Account (Policy min $750K) No Impact Insurance Rate Stabilization Account ($1,250) Transfer to Operations Contingency Reserve Account No Impact Contingency Total Impact ($250) 16 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 9

Item 1. PROPOSED RATES BY PHASE – RESIDENTIAL Current Blended Phase I Phase II Item/Rate – Residential Rate COS (FY 2024) (FY 2026) Customer Charge ($/Month) $9.42 $10.46 $10.46 $11.24 Energy Charge ($/kWh)1 $0.1481 $0.1514 $0.1425 $0.1568 Green Energy Charge – GEF ($/kWh) $0.000178 N/A $0.000178 $0.000178 PPA Charge ($/kWh) $0.00 N/A N/A N/A Demand Charge ($/kW)2 N/A N/A N/A N/A 1 Effective 2023 Rate (Blended), Current Rate $0.1209. 2 No Demand Charge for Residential Customers. Note: Excludes Public Utility Tax. 17 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 10

Item 1. PROPOSED RATES BY PHASE – SMALL COMMERCIAL Current Blended Phase I Phase II Item/Rate – Small Commercial Rate COS (FY 2024) (FY 2026) Customer Charge 1-Phase ($/Month) $9.28 $23.36 $12.06 $15.68 Customer Charge 3-Phase ($/Month) $24.28 $23.36 $31.56 $41.03 Energy Charge ($/kWh)1 $0.1235 $0.1476 $0.1310 $0.1704 Green Energy Charge – GEF ($/kWh) $0.000178 N/A $0.000178 $0.000178 Demand Charge ($/kW)2 N/A N/A N/A N/A PPA Charge ($/kWh) $0.00 $0.00 $0.00 $0.00 1 Effective 2023 Rate (Blended), Current Rate $0.1008. 2 No Demand Charge for Small Commercial Customers. Note: Excludes Public Utility Tax. 18 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 11

Item 1. PROPOSED RATES BY PHASE – MEDIUM COMMERCIAL Current Blended Phase I Phase II Item/Rate – Medium Commercial Rate COS (FY 2024) (FY 2026) Customer Charge 1-Phase ($/Month) $15.96 $24.85 $20.15 $25.44 Customer Charge 3-Phase ($/Month) $30.96 $24.85 $39.09 $49.35 Energy Charge ($/kWh)1 $0.0783 $0.0555 $0.0706 $0.0780 Green Energy Charge – GEF ($/kWh) $0.000178 N/A $0.000178 $0.000178 Demand Charge ($/kW) $12.85 $19.82 $15.55 $15.55 PPA Charge ($/kWh) $0.00 $0.00 $0.00 $0.00 1 Effective 2023 Rate (Blended), Current Rate $0.0639. Note: Excludes Public Utility Tax. 19 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 12

Item 1. PROPOSED RATES BY PHASE – LARGE COMMERCIAL Current Blended Phase I Phase II Item/Rate – Large Commercial Rate COS (FY 2024) (FY 2026) Customer Charge ($/Month) $27.06 $29.98 $33.83 $35.25 Energy Charge ($/kWh)1 $0.0761 $0.0555 $0.0673 $0.0730 Green Energy Charge – GEF ($/kWh) $0.000178 N/A $0.000178 $0.000178 Demand Charge ($/kW) $12.86 $19.87 $13.94 $15.11 PPA Charge ($/kWh) $0.00 $0.00 $0.00 $0.00 1 Effective 2023 Rate (Blended), Current Rate $0.0621. Note: Excludes Public Utility Tax. 20 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 13

Item 1. PROPOSED RATES BY PHASE – PRIMARY SERVICE Current Blended Phase I Phase II Item/Rate – Primary Service Rate COS (FY 2024) (FY 2026) Customer Charge ($/Month) $24.32 $32.17 $34.05 $37.18 Energy Charge ($/kWh)1 $0.0774 $0.0555 $0.0719 $0.0818 Green Energy Charge – GEF ($/kWh) $0.000178 N/A $0.000178 $0.000178 Demand Charge ($/kW) $10.09 $18.28 $10.09 $10.09 PPA Charge ($/kWh) $0.00 $0.00 $0.00 $0.00 1Effective 2023 Rate (Blended), Current Rate $0.0632. Note: Excludes Public Utility Tax. 21 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 14

Item 1. PROPOSED RATES BY PHASE – TRANSMISSION SERVICE Current Blended Phase I Phase II Item/Rate – Transmission Service Rate COS (FY 2024) (FY 2026) Customer Charge ($/Month) N/A $40.06 N/A N/A Energy Charge ($/kWh)1 $0.0734 $0.0555 $0.0703 $0.0826 Energy Charge Fed Gov't ($/kWh)1 $0.0731 $0.0555 $0.0597 $0.0666 Green Energy Charge – GEF ($/kWh) $0.000178 N/A $0.000178 $0.000178 Demand Charge ($/kW) $9.14 $22.52 $10.20 $11.38 PPA Charge ($/kWh) $0.00 $0.00 $0.00 $0.00 1Effective 2023 Rate (Blended), Current Rate $0.0599, Fed Gov’t $0.0597. Note: Excludes Public Utility Tax. 22 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 15

Item 1. PROJECTED REVENUE BY CLASS BY FISCAL YEAR ($000) FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Base Rate Revenues Residential $35,369 $35,648 $39,454 $39,766 $40,080 Small Commercial $4,668 $4,677 $6,112 $6,130 $6,227 Medium Commercial $5,450 $5,487 $5,862 $5,867 $5,869 Large Commercial $17,288 $17,288 $18,733 $18,733 $18,734 Primary $16,946 $17,013 $18,846 $18,902 $18,949 Transmission $10,320 $10,420 $12,031 $12,140 $12,236 Subtotal $90,041 $90,533 $101,037 $101,539 $102,095 Power Factor/Green Energy Charge $758 $760 $761 $763 $765 Street Lighting $1,240 $1,240 $1,240 $1,240 $1,240 Total $92,038 $92,533 $103,038 $103,542 $104,100 23 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 16

Item 1. DISCUSSION 24

Item 1. BILLING IMPACT Current1 FY 2024 FY 2026 Customer Classification2 Residential $142 $138 $151 Small Commercial 1-Phase $130 $140 $182 Small Commercial 3-Phase $145 $160 $208 Medium Commercial 1-Phase $477 $436 $485 Medium Commercial 3-Phase $3,589 $4,202 $4,256 Large Commercial $3,286 $3,143 $3,407 Primary $387,283 $360,382 $408,650 Transmission $181,155 $179,162 $208,159 1 Effective 2023 Rate (Blended). 2 Energy consumption and demand based on current average. 25 © 2023 NEWGEN STRATEGIES AND SOLUTIONS, LLC 18

Item 1. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole - Legislative, Finance & Administration Committee DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: 6/01/2023 PREPARED BY: Kay Sass, Public Affairs/Emergency Management Coordinator SUBJECT: HSGP (Homeland Security Grant Program) Grant Approval for the Water System and Well Sites Security Project REFERENCE: RELATED PROJECT: Proposal of Advantech and secure fencing for the Water Treatment Plant APPROVALS: David S. Hugg, III, City Manager and Lori Peddicord, Controller / Treasurer EXHIBITS: Exhibit A – Delaware Emergency Management Agency Subgrant Application; Exhibit B – Delaware Emergency Management Award Letter EXPENDITURE REQUIRED: $85,700 AMOUNT BUDGETED: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): Dept. Of Homeland Security reimbursed 100% through DEMA TIME TIMETABLE: Complete by end of July 2024 RECOMMENDED ACTION: Authorize City Manager to accept the reimbursement grant for all costs associated with the purchase and installation of the video surveillance and fencing. Authorize the sole source designation for Advantech. BACKGROUND AND ANALYSIS The City of Dover has requested funding for fences and video surveillance at the Water Treatment Plant, to help defray the overall costs associated with securing the facility. A grant was received in the amount of $85,700 with $46,500 of that designated towards an integrated security system and the remaining $39,200 to go towards secure fencing to keep the water supply safe. The funding for this project is provided by a grant received by the Department of Homeland Security and 100% of the project costs will be reimbursed to the City of Dover upon application for reimbursement with no matching funds required. Surveillance cameras, intrusion alarm, a card reader to the WTP fencing will keep out those intending to harm the drinking water supply for the city, we have identified 3 that are the most susceptible to nefarious activity. This action will provide another layer of security for an integral utility that is delivered to the customers and visitors of the City of Dover. We are seeking authorization to accept the grant funds in the total of $85,700 with no city match and to allow sole source designation for Advantech for this grant, for continuity in our security system. 26

Exhibit A Item 1. 27

Exhibit B Item 1. 28

Exhibit B Item 1. 29

Exhibit B Item 1. 30

Exhibit B Item 1. 31

Exhibit B Item 1. 32

Item 2. MEMORANDUM Department of Planning, Inspections & Community Development P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7196 Fax (302) 736-4217 DATE: June 8, 2023 TO: Council Committee Meeting of the Whole FROM: Mary Ellen Gray, AICP, Director of Planning, Inspections and Community Development SUBJECT: Potential Revisions to Chapter 114 Vegetation, Article II Weeds Ordinance Introduction The Weeds Ordinance was revised on October 10, 2022, regarding the fines section of this ordinance (enclosed). However, the rest of this ordinance was not reviewed for any potential revisions. At a recent City Council meeting during the public comment period, there was a discussion regarding concerns with the violation process for tall grass. Staff was asked to come back to Council to offer some suggested changes to this ordinance to improve this process for Council discussion. Background By way of background, 80-90% of complaints that come into the Code Enforcement office during warmer weather months are grass violations. As of June 6, 2023 there are 533 grass cases reported since March 28, 2023. Suggested Changes Prior to articulating suggested revisions in the Ordinance, I thought it would be helpful to discuss potential changes in concept form and then based on Council input, language revisions will be presented to Council for further discussion and review at a future meeting. These suggested revisions include: • Upon a tall grass violation, Code Enforcement Staff will leave a door hanger (enclosed) that includes a measuring rule that gives the property owner 48 hours to cut the grass. Vacant and dangerous buildings are exempt. Discussion: Staff should not measure the grass height due to concerns about trespassing on the property. Staff uses reference points in photos for measurement. Previously there was a seven (7) day grace period for tall grass and Staff found this time period to be too long. • The property owner should get a limited number of door hanger warnings a year. Perhaps one (1) every eighteen (18) months. Discussion: this will prevent repeat offenders from building in this time into their lack of response and thereby prolonging the time the property is out of compliance. 33

Item 2. • Do not recommend changing the first offense to $0.00 and suggest keeping it at the current $50.00 fine. Discussion: Staff feels that since fine change from $25.00 to $50.00 on October 10, 2022, repeat grass cases have gone down. • Staff do not recommend adding grass violations to the Construction, and Property Maintenance Code Board of Appeals. Discussion: Whether the grass is eight (8) inches, or more is either pass or fail. Should a property owner have a question as to whether the grass is eight (8) inches or higher, then they can call the Code Enforcement Officer and/or the Code Enforcement Supervisor to come out and measure to verify. I and Staff look forward to discussing these suggestions and yours at the June 13 Council Committee Meeting of the Whole. In the meanwhile, please don’t hesitate to reach out to me with any questions or concerns at 302-736-7196 or mgray@dover.de.us. Thank you. Attachments: • Chapter 114 Vegetation, Article II Weeds Ordinance • Appendix F – Fees and Fines - Chapter 114 Vegetation • Draft Door Hanger 34

Item 2. PART II - CODE OF ORDINANCES Chapter 114 - VEGETATION ARTICLE II. WEEDS ARTICLE II. WEEDS Sec. 114-31. 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: Weeds means grass, weeds, bushes and any other vegetation, other than trees, ornamental shrubbery, flowers and garden vegetables that are properly tended. (Code 1968, § 30-1; Code 1981, § 21-16) Sec. 114-32. Maximum height. It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths, or other noxious matter to grow to a height of eight inches or more. (Code 1968, § 30-4; Ord. of 9-13-1976; Code 1981, § 21-17; Ord. of 8-28-2000) Charter reference(s)—Power of council to define nuisances, subpart A, § 18. Sec. 114-33. Failure to maintain proper height; abatement by city; costs and lien. (a) Summons; action by city. In the event that any owner, occupant or tenant of any premises within the city, or any agent caring for or in charge of the premises, shall permit any grass, weeds, underbrush, deleterious or unhealthful growths or other noxious matter to grow to a height of eight inches or more as prohibited by this article, then the code enforcement officer or fire marshal or his authorized agents shall issue a summons showing a violation of section 114-32, said summons to be served personally or by mail evidenced by certificate of mailing upon the owner, occupant, or tenant of the premises, or any agent caring for or in charge of the premises. The summons shall cite the violation of this article and shall be accompanied by a letter or a copy of the relevant provisions of this article stating what corrective action must be taken and shall state the consequences for failure to take such corrective action. If the violation is not corrected within three days from the date of personal service of the summons or within seven days from the date of mailing of the summons evidenced by certificate of mailing, then the city, at the direction of the code enforcement officer or the fire marshal, may remove the weeds, grass, underbrush, deleterious or other unhealthful growths or other noxious matter growing to a height in excess of eight inches or more in violation of section 114-32 and charge the responsible person as provided for in Appendix F—Fees and Fines for such work that must be done to render the property in compliance with this article. When the owner, occupant, or tenant of any premises, or any agent caring for or in charge of the premises, has received summonses, or been issued a summons evidenced by certificate of mailing, and fails to take corrective action, and the city has corrected the violation in accordance with this subsection, then no further notification shall be necessary for the city to take any further corrective action on any subsequent violations within the following 12-month period starting from the date of the first corrective action by the city. (b) Failure to pay charges. In the event that the owner of record is deemed to be in violation of section 114-32, and in the event that the violation is corrected in compliance with subsection (a) of this section, and if the Dover, Delaware, Code of Ordinances Created: 2023-05-02 10:49:38 [EST] (Supp. No. 38, Update 1) Page 1 of 3 35

Item 2. charges assessed by the city for correcting said deficiency are not paid, then the city, after having corrected the deficiency and violation, shall place its charges and expenses as specified in the municipal lien docket as a lien against said property, and add the charges and expenses as specified to the tax duplicate for the tax year said services were provided 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. In addition to the methods directed herein, the city solicitor shall be directed to enforce said lien or to collect the charges imposed by the city by any other means that he may deem desirable and most advantageous to the city. The violator shall be responsible for all collection costs and expenses, including attorneys' fees. (Ord. of 9-13-1976; Code 1981, § 21-18; Ord. of 7-27-1992; Ord. of 8-28-2000; Ord. No. 2009-09, 6-22-2009; Ord. No. 2012-22, 11-13-2012) Sec. 114-34. Fines. (a) Generally. Any person convicted of a violation of section 114-32, regardless of corrective actions taken, shall be punished for that violation by a fine as provided for in Appendix F—Fees and Fines. Any such fine shall be in addition to any charges or assessments imposed upon the violator pursuant to section 114-33(a). All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) herein. (b) Each day. Every day that a violation of section 114-32 continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice. (c) Minimums. (1) Any fine assessed pursuant to subsection (a) of this section shall be no less than the minimum amount as provided for in Appendix F—Fees and Fines. (2) In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded, or been found guilty of causing or permitting the same nuisance at the same location within the past 12 months, or for every day that the violation of section 114-32 continues as per subsection (b) of this section. (d) Lien. Any fines imposed pursuant to subsection (a) of this section which remain unpaid shall: (1) Be added to the tax duplicate for the tax year said services were provided 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 (2) Be placed by the city as specified in the municipal lien docket as a lien against the property on which the violation occurred, and the procedures for enforcement or collection of said lien shall be as set out in section 114-33(b). (e) When not 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. (Code 1981, § 21-19; Ord. of 3-23-1992; Ord. of 7-27-1992; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22-2009; Ord. No. 2012-22, 11-13-2012; Ord. No. 2022-09 , 10-10-2022) Sec. 114-35. Exceptions. The following shall be considered exceptions to the eight-inch height maximum: (a) Riparian areas. Areas within 75 feet of the bank of a perennial stream or lake or within 25 feet from the outer edge of a stormwater management pond shall be permitted to include stream bank vegetation, including grasses, shrubs and/or trees. Created: 2023-05-02 10:49:38 [EST] (Supp. No. 38, Update 1) Page 2 of 3 36

Item 2. (b) Agricultural areas. Areas that are actively used for the cultivation of fields, including seasonal cover crops, shall be exempt from this requirement. (c) Approved natural and/or meadow areas. Areas that have been planted as meadow areas or areas that are being allowed to revert to natural vegetation, with approval of the city planner and the city manager, shall be permitted in accordance with the approvals granted by these offices. (Ord. No. 2009-10, 5-11-2009) Secs. 114-36—114-55. Reserved. Created: 2023-05-02 10:49:38 [EST] (Supp. No. 38, Update 1) Page 3 of 3 37

Item 2. Chapter 114. Vegetation Chapter 114. Vegetation Fees and Fines Article II. Weeds Every day that a violation of section 114-32 continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice. 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. 114-33. Failure to maintain proper height; abatement by city; costs and lien Subsec. (a) Summons; action by city $50.00 per hour for such work that must be done to render the property in compliance with this article Sec. 114-34. Fines Subsec. (a) Generally In addition to charges or assessments imposed, a fine of not less than $50.00, nor more than $250.00 in accordance with minimum fine schedule in subsec. (c)(1) In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded, or been found guilty of causing or permitting the same nuisance at the same location within the past 12 months, or for every day that the violation of section 114-32 continues as per subsection (b) of this section. Subsec. (c)(1) Minimums—Any fine assessed pursuant to subsection (a) of this section shall be no less than the following minimum: First offense $50.00 Second offense $100.00 Third and subsequent offenses $250.00 ( Ord. No. 2022-09 , 10-10-2022) Created: 2023-05-02 10:49:44 [EST] (Supp. No. 38, Update 1) Page 1 of 2 38

Item 2. NOTICE OF VIOLATION THIS IS NOTICE THAT THIS PROPERTY WAS FOUND IN VIOLATION OF DOVER CODE OF ORDINACE(S): ______/_____/20_____ @ _____:_____AM/PM. ADDRESS___________________________________ GRASS OR WEEDS EXCEED 8 INCHES §114-32 TRASH/RECYCLE CANS NOT PROPERTLY STORED § 90-8 VEHICLE PARKED IN THE GRASS § 106-130 (c) RELOCATE PLAY EQUIPMENT § 70-4 REMOVE SNOW/ICE FROM SIDEWALKS § 98-5 UNLAWFUL DEPOSITS § 90-2 OTHER___________________________________ CORRECT ALL VIOLATION(S) BY 09:00 AM ON THE BELOW DATE TO PREVENT THE ISSUANCE OF A CITATION OR OTHER ACTION. VIOLATIONS ARE PUNISHABLE UP TO $1000.00 PER DAY. DATE OF REINSPECTION _______/_______/20_____ CASE: ______-_______________ INSPECTOR: __________________________ IF YOU HAVE ANY QUESTIONS CALL (302) 736-7010 OR VISIT WWW.CITYOFDOVER.COM/CODEENFORCEMENT. 40

Item 3. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Legislative, Finance and Administration Committee) DEPARTMENT OF ORIGIN: City Manager’s Office SUBMITTED ON: June 12, 2023 PREPARED BY: Sharon J. Duca, P.E., Assistant City Manager REVIEWED BY: David S. Hugg, III, City Manager and Lori Peddicord, Controller/Treasurer SUBJECT: Safe Streets and Roads for All (SS4A) Grant Municipal Collaborative Initiative with the Dover/Kent County Metropolitan Planning Organization (MPO) TIMETABLE: Application Submission by Dover/Kent County MPO by July 10, 2023 RELATED PROJECT: n/a EXHIBITS n/a REFERENCE: n/a EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a STAFF RECOMMENDATION: That City Council make a leadership commitment to participate with the Dover / Kent County MPO, and other municipalities, in the application to the SS4A program to prepare a regional Comprehensive Safety Action Plan. BACKGROUND AND ANALYSIS: The Bipartisan Infrastructure Law (BIL) established the Safe Streets and Roads for All (SS4A) discretionary program with $5 billion in appropriated funds over five (5) years. The SS4A program provides financial support to regional and local initiatives through grants for planning, infrastructure, behavioral and operational initiatives to prevent death and serious injury on roads and streets involving all roadway users, including pedestrians, bicyclists, public transportation users and operators, motorists and commercial vehicle operators. The program provides funding for the development of comprehensive safety action plans, supplemental planning for activities identified in an eligible action plan and for implementation of eligible action plans. Discussions regarding the grant and the potential benefit to the City of Dover started occurring in April 2023 with Councilman Rocha, Representatives of the MidAtlantic Justice Coalition, Jason Lyon (Director of Water & Wastewater / Engineering Services) and Sharon Duca (Assistant City Manager). Ideas 41

Item 3. regarding applicable projects included ADA compliance and associated connectivity. These projects consist of those that the City must work on annually to be in compliance with our ADA Transition Plan. On May 15, 2023 the Dover / Kent County MPO (MPO) held a meeting regarding the grant with municipalities including Camden, Cheswold, Clayton, Dover, Harrington, Milford and Smyrna as well as Kent County. Mary Ellen Gray (Director of Planning, Inspections & Community Development) and Sharon Duca (Assistant City Manager) were in attendance for the City. The overall goal of the meeting was to discuss applying for the grant on a regional basis. The intent is to apply this year (year two of the grant) for the completion of a Comprehensive Safety Action Plan and apply for implementation projects identified in the Action Plan in years three, four and five. Potential projects again focused on ADA compliance and connectivity. In taking a regional approach, the MPO will apply for the action planning grant as well as facilitate the consultant in performing the work. It is estimated that the plan will cost between $200,000 and $250,000. A nonfederal match of 20% is required. It was proposed at the May 15, 2023 that the match be distributed equally among participating municipalities. Thereafter, it was proposed that municipal contributions for the match be based upon mileage which resulted in a City share of over $30,000. On June 9, 2023, City staff was informed that in order to make a combined Kent County grant application possible, DelDOT Secretary Majeski and Deputy Secretary Hastings have offered to cover the location match portion of the grant up to $40,000. At this point the MPO is looking for a leadership commitment from the municipalities to participate. Depending on the results of the action plan, the City may need to budget in FY25, FY26 and/or FY27 for the nonfederal match portion of implementation projects. Staff recommends that the City participate in this regional effort, led by the MPO, to make improvements toward the safety of our infrastructure network. 42