Regular City Council Packet-1

CITY OF DOVER, DELAWARE REGULAR CITY COUNCIL MEETING Monday, January 22, 2024 at 6:30 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA 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/7qz5vm Event number: 2539 009 0545 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 - Councilwoman Pillsbury ADOPTION OF AGENDA ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Page 1

REGULAR CITY COUNCIL MEETING - January 22, 2024 PAGE 2 PRESENTATIONS 1. Delaware State University Choral Students Musical Presentation under the direction of Dr. Gregory McPherson PROCLAMATIONS 2. Black History Month 3. Human Trafficking Awareness Month CONSENT AGENDA ADOPTION OF MINUTES 4. Regular City Council Meeting of January 8, 2024 COMMITTEE REPORTS 5. Council Committee of the Whole Report of January 9, 2024 Utility Committee 6. Evaluation of Proposals - Downtown Dover Upgrades Engineering Design (Jason Lyon, Water/Wastewater Director) (Committee Recommendation: Award the contract to KCI Technologies for the engineering design of the Water Street Flooding Improvements, RFP# 24-0010WW, for $223,027.) Legislative, Finance, and Administration Committee 7. Change Order - Mirror Lake Drainage Basin Improvements (Jason Lyon, Water/Wastewater Director) (Committee Recommendation: Approve the change order request from Gateway Construction, Inc. in the amount of $154.559. in accordance with the City of Dover Purchasing Policy & Procedures. The design engineer of the project will split the cost of the change order with the city.) 8. Update on potential revisions to the Zoning Ordinance for C-2 (Central Commercial Zone) per the Transforming Downtown Dover: Capital City 2023 Plan (Dawn Melson-Williams, Principal Planner) QUARTERLY REPORTS 9. Quarterly Revenue Report as of December 31, 2023 (Staff Recommendation: Acceptance of the Quarterly Revenue Report) 10. Quarterly Review - Capital Investment Plan (CIP) (October, November, and December) Page 2

REGULAR CITY COUNCIL MEETING - January 22, 2024 PAGE 3 (Staff Recommendation: Acceptance of the Capital Investment Plan (CIP) report) CONFIRMATION OF POLICE PENSION ELECTION 11. Confirmation of Police Pension Election - Retired Captain Larry Gray - Three (3) Year Term to Expire January 31, 2027 ITEMS NOT ON THE CONSENT AGENDA 12. Consideration of Rescinding Resolution No. 2023-16 (Resolution Adopted by City Council on October 23, 2023) ORDINANCES FIRST READING REFERRAL - The First Reading is offered on the Proposed Ordinance. It is recommended for referral to the Planning Commission for a public hearing on FEBRUARY 20, 2024 and that a Public Hearing before City Council be set for MARCH 11, 2024 at 6:30 p.m., at which time the Final Reading and Council action will take place. The ordinance is available at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us. 13. Proposed Ordinance #2024-03 Comprehensive Plan Amendment 2024-Consideration of Amendment to Map 12-1: Land Development Plan Map A. Ordinance 2024-03 - Review of an Amendment to the 2019 Comprehensive Plan with consideration of an amendment of Map 12-1: Land Development Plan to revise the Land Use Classification of the property located at 1079 Silver Lake Boulevard. The Request is to revise the Land Use Classification from Office to Mixed Use on Map 12-1: Land Development Plan Map. (Property Owner: Dover Federal Credit Union and equitable owner Charles Chiang. Property Address: 1079 Silver Lake Boulevard. Tax Parcel: ED-05-067.12-02-04.00-000. This is associated with Rezoning Application Z-24-02. Council District 4.) 14. Proposed Ordinance #2024-04-Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard: CPO to C-2A A. Ordinance 2024-04 Review and Recommendation of a Rezoning application for a parcel of land consisting of 5.04 acres+/-. The property is zoned CPO (Commercial and Professional Office Zone). The proposed zoning is C-2A (Limited Central Commercial Zone). The property is located at the eastern terminus of Silver Lake Boulevard. (The owner of record is Dover Federal Credit Union and equitable owner Charles Chiang. Property Address: 1079 Silver Lake Boulevard. Tax Parcel: ED-05-067.12-02-04.00-000. This is associated with Comprehensive Plan Amendment Application MI-24-01. Planning Reference: Z-24-02 Council District 4.) 15. Proposed Ordinance #2024-01 - Amending Appendix B - Zoning, Article 3 - District Regulations, Section 13 - Central Commercial Zone (C-2), Article 4 - Zoning and Bulk Parking Regulations, Section 4.14 - [C-1, C-1A, C-2, C-2A zones], Article 5 - Page 3

REGULAR CITY COUNCIL MEETING - January 22, 2024 PAGE 4 Supplementary Regulations, Section 6 - Dumpsters for trash and recycling, Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 3 - Required Off-Street Parking Spaces, Article 12 - Definitions. CITY MANAGER’S ANNOUNCEMENTS MAYOR'S ANNOUNCEMENTS COUNCIL MEMBERS’ ANNOUNCEMENTS ADJOURNMENT THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING Page 4

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Item #4. REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on January 8, 2024, at 6:30 p.m. with Council President Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, Councilman Sudler, and Mr. Lewis. Staff members present were Police Chief Johnson, Mr. Hugg, Mrs. Melson-Williams, Mr. Rodriguez, and Ms. Bennett. Chief Carey was absent. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to commencement of the Official Council Meeting. Council President Hare 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 Neil. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Councilman Sudler, 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 requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Councilman Sudler moved for adoption of the consent agenda, seconded by Mr. Neil, and carried by a unanimous roll call vote. PUBLIC HEARING – APPEAL OF DENIAL OF UTILITIES, SERVICES, OR APPROVALS – 34 NEW STREET – DOUBLE JR, LLC, AND JILL SUSSMAN Mr. David S. Hugg, III, City Manager, briefed members on the specifics of the appeal as it relates to the application of the Clean Hands Ordinance and as it relates to the amounts owed to the city by individuals, landlords, and property owners. Mr. Hugg explained that the issue at hand is that the various kinds of violations, late fees of non-utility payments, et cetera, have been in dispute for some time. Mr. Hugg explained further that the city has attempted to provide Ms. Sussman with the records she has requested that indicate the various actions related to enforcement and other charges. Mr. Hugg explained that there have been a couple of meetings with her and they have sat down with her to go through every case looking for areas where they Page 7

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 2 can agree. There has been $12,000 in fees waived. Back in November, an extensive set of documents was provided to Ms. Sussman indicating what had been waived or dismissed. A payment plan was offered for the outstanding debts after the reduction of cost. Ms. Sussman was allowed to counteroffer, but she felt that the fees were unreasonable and not fair. Ms. Sussman indicated that there was an error on one of the dates, so the price was further adjusted. Mr. Hugg explained that they have exhausted the ability to try and work out a resolution. Documents were not provided to the attorney, but they were submitted to Ms. Sussman back in November. Mr. Hugg further explained that there is still an outstanding balance after all the adjustments, totaling the sum of $6,400 and it was not their responsibility to provide the documents to her attorney. Sean M. Lynn, Esquire, 308 South State Street, Dover, DE 19904, on behalf of Double JR, LLC, and Jill Sussman, reviewed a PowerPoint Presentation entitled Double JR, LLC Appeal to Dover City Council January 8, 2024 (Exhibit #1). Responding to Councilman Sudler, Mr. Lynn stated that he had not looked at the Black’s Law Dictionary and was unsure that there was a distinction made in the Black’s Law Dictionary. He stated that under the laws of statutory construction, if the code itself does not define it, you just look to the ordinary meaning of the work, and based on the reading, a fine is not a fee. Responding to Mr. Lynn, Mr. Neil stated that a deal of the century was made for Ms. Sussman having $12,000 wiped out and leaving $6,400 left to pay. Mr. Neil further stated that it was magnificent because there are visible things and things that are not quite as visible in terms of Ms. Sussman's ability to be a landlord and considering the benefit to the city of her services. Mr. Neil does not know if the city can afford to have her services in the city with the way she operates. Mr. Neil stated that he was shocked to go through 300 pages out of the 488 pages that were given to him from the packet. Mr. Neil stated that the documents he saw included the items that were sent directly to Ms. Sussman, such as the envelopes, and the letters of the timing, out of the 488 pages, those items that were specified were 396 pages and he went through every single page. Mr. Neil discussed that being in the third district, three of them were called to a house right next door to her property at 307 North Governor’s Avenue. Mr. Neil further discussed that he gets constant phone calls from the neighbors and that he, Councilwoman Arndt, and Councilman Boggerty have met with her neighbors about the problems and the videotapes of things that are being thrown to the dogs to drive them crazy that are caused by 307 North Governor’s Avenue. Mr. Neil stated that he requested to know the cost every time they had to go to 307 North Governors Avenue, what it cost, and the cost of constantly going back with problems in existence. Mr. Neil further asked what the cost was for the police to go over to 307 North Governor’s Avenue. There are problems, and they are her clients, and it’s not her problem. The overall problem denigrates the properties there and the laws that we have and the laws that were here before he took the seat, which are designed to protect everybody, including the people who live there. Mr. Neil stated that if Ms. Sussman does not want to take the deal, it may be time to move on. Mr. Neil stated that several people have stiffed the city by not paying for the utilities in other communities. Regarding the overall effect of what Ms. Sussman has done and what she hasn’t done, there are things that she should pay for because she was given enough notice. Mr. Neil stated that fines and fees must be paid. Page 8

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 3 Responding to Mr. Lynn, Mr. Rocha stated that there are issues with the Clean Hands Ordinance that need to be resolved. Responding to Mr. Rocha, Mr. Lynn stated that the numbers came from where the city’s offer and his client’s offer were. This is an attempt to meet in the middle. Ms. Sussman explained that when she sat down with the city, they stated they would take off any fines or fees that came out after December 30th because that is when she moved. Ms. Sussman stated the two charges after December 30th were for $1,000 and $1,300. Ms. Sussman claims that the city ignored her when it came to Double JR, LLC when the fees and fines did not match the code violations. She stated that she did not ignore the city and that she had reached out to the city on numerous occasions by writing emails, and phone calls, and she heard nothing back. Ms. Sussman believes the amount of $2,400 is reasonable. Ms. Sussman stated that she had called the city twice to schedule and did not get scheduled in the allotted time. She stated she would accept the responsibility, and that she came up with the amount that she is offering to pay. Ms. Sussman explained that she has had a loss of rent, and she could not rent two units since the summer and believes the numbers she came up with make sense and are fair. Responding to Mr. Rocha, Mr. Lynn asked that he write the city specifically and asked for a complete list of the alleged fines and fees, Jill Sussman, Double JR, LLC, the city, and what the alleged basis for the city refusing to allow her tenants from turning on electric service. Mr. Lynn stated that he doesn’t understand why it is so hard to get this information or why he must ask multiple times. My. Lynn doesn’t understand why he is being ignored. There is a second hearing scheduled for Monday. Mr. Lynn wants a list of the fines and fees, where they go, and what they are associated with so that he can better understand the analysis himself. Exhibit A shows what documents Mr. Lynn has received (Exhibit #2). Mr. Lynn doesn’t think anyone in the room can go through Exhibits A through C and say here is what you did wrong and here’s the fine. The documents were never provided. Mr. Lynn believes these documents do not exist or cannot be explained. Mr. Lynn stated that the accounting system and record keeping are problematic at best. The documents that were provided to Mr. Lynn do not list the underlying basis for the amounts owed. Eddie Kopp, Chief Code Enforcement Officer, briefed council on the specifics of the fines for Double JR, LLC, and for Ms. Sussman. For Double JR, LLC, the fees combined are for several properties which include 34 North New Street, 34 New North New Street, Apartment #1 34 North New Street, Apartment #3, 307 North Governor's Avenue, 307 North Governor's Avenue, A, 307 North Governor's Avenue B, 428 South Governor's Avenue, and 428 South Governor's Avenue, B. Mr. Kopp stated that everything was consolidated to one number and the original amount with the doubling was $16,800. Mr. Kopp explained that $12,000 was waived and more was waived after the first meeting. The personal property on Troon Road is separate from LLC, and the total amount doubled was $5,500. Responding to Mr. Kopp, Mr. Rocha asked that the $16,000 be applied, the fines were applied to the LLC, and then there is an additional $5,000 on top of that for Ms. Sussman. Responding to Mr. Rocha, Mr. Kopp stated that this is correct, this is the original amount. Page 9

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 4 Responding to Mr. Rocha, Mr. Kopp stated that the LLC is one entity, and the personal property is another entity, and in relation to the LLC, it was $16,000. Responding to Mr. Rocha, Mr. Kopp stated that it is all combined and that he is trying to separate it into two separate entities because the city cannot hold personal property accountable for the LLC. In reference to the LLC alone, it is $16,800 which is separate from the pod at Troon Road. Mr. Boggerty stated that he is frustrated because there have been other constituents that we have not bent over for and to him, their arguments were a little bit stronger than Ms. Sussmans. It is not to debate some of the modifications and ordinances that need to be visited, but he can think of a one-off hand. Mr. Boggerty explained that for years, people fought to get their property rented and leased with code enforcement, and we did not bend. He believes there are still some that may be on a payment plan. Mr. Boggerty stated that if his electricity is late, he gets an email. He doesn’t get to say he is a councilman or that he is too busy or has kids. Mr. Boggerty further stated that he had raised his children and had to balance school and work, open his mail, pay his bills, pay his mortgage, and not get to make an excuse. When Mr. Boggerty was a landlord, he had to make sure the properties were kept up and provide a safe environment. This must be done fairly, and everybody needs to be treated the same, and for that reason, Mr. Boggerty doesn’t think the other individual was given this much grace, this much latitude, this much bending, this huge reduction. If someone reduced $12,000 from his bill, he would write the check and make a payment plan. Responding to Mr. Boggerty, Ms. Sussman stated that a lot of them were wrong. Responding to Mr. Kopp, Mr. Boggerty asked if these were wrong. Responding to Mr. Boggerty, Mr. Koop stated that there were some inaccuracies. Responding to Mr. Kopp, Mr. Boggerty asked were the inaccuracies corrected. Responding to Mr. Boggerty, Mr. Koop that these were addressed. Responding to Mr. Kopp, Mr. Boggerty asked what the correct amount was outside of what was being reduced. Responding to Mr. Boggerty, Mr. Kopp stated that these were effective 12/28/2023 for Double JR, LLC, and the total balance is $4,400, and for the personal property on Troon Road, the balance is $2,000. Responding to Mr. Kopp, Mr. Boggerty stated roundabout $6,400 and that is what he will stand on. Responding to Mr. Kopp, Mr. Hare asked that the initial amount for both was $21,000 and that Mr. Kopp adjusted it to $6,400. Page 10

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 5 Mr. Kopp further stated that to further clarify the code, since it was brought into question the code states, that we must send all communication for violations or citations via first class mail or certified mail, or physically post on the property. Currently, no provision and code allow for electronic delivery. Responding to Mr. Boggerty, Mr. Lynn stated that the important point that they have not considered is that they are presuming that the fines are accurate. Mr. Lynn further stated that the city isn’t doing Ms. Sussman a favor or giving her a gratuity when they decrease the amount that she allegedly owes, they are saying that they concede to being wrong and that the records were wrong and therefore should have not been charged with this, to begin with. Mr. Lynn explained that he asked for the underlying basis of the fines and fees himself so that he could go through Appendix F of the city code and go line by line and make sure that these court- alleged violations, correspond with the actual statutory fine, but was never given that list. It’s confusing for Mr. Lynn to see that the individuals are looking at the lists that he hasn’t seen when he requested them. Mr. Lynn would be happy to perform an analysis and tell members what legitimate and illegitimate fines are if those documents were provided to him, but they were not. Mr. Lynn stated that he wanted to make sure council is aware that the code enforcement is engaged in fine doubling, so it isn’t what she owes. Not only did the fines double that she allegedly owed but has conceded to members just now that some of them were wrong. As Mr. Lynn stated before, the city isn’t doing Ms. Sussman any favors by writing off these amounts, they were wrong to begin with. Mr. Lynn then asked why these lists of fines and fees weren’t given to him so he could compare them to the code. They clearly exist. My client, Ms. Sussman, has an exhaustive list of things she was charged for that were wrong from inception. Ms. Sussman stated for 428 Governors there were fines attached and all the stuff has been taken care of. Ms. Sussman further stated that there was an inspection done in February and everything on the list I try to make the repairs in that timeframe. Sometimes a follow-up inspection was not done, and it slipped through the cracks, which was what happened on 34 North New Street. The most recent bill was $2,900. Back to 428 Governors, there were numerous fines and fees, and she stated that when the property was inspected back in February, all this was taken care of, and can provide receipts to prove this. The portion of the bill was not removed and when they adjourned the first meeting, they couldn’t explain where that money was and why that money was being charged. Mr. Kopp was in that meeting and whoever the inspector was at the time wasn’t in that meeting to speak. It was one of the reasons why they had to come back for a second meeting. When the second meeting happened, they just kind of through these numbers at her and they stated this is where we are at. Responding to Mr. Kopp and Mr. Hugg, Mr. Boggerty asked when they could provide a detailed breakdown of the actual document of what is owed. Responding to Mr. Boggerty, Ms. Marny stated that these documents were provided on November 14th. Page 11

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 6 Ms. Sussman stated that she has four different sets of numbers, and the numbers Mr. Kopp gave was the sixth time she had heard a different amount. Responding to Mr. Lynn and Ms. Sussman, Mr. Boggerty asked are those the numbers right here and do they had that and had time to reconcile that. Responding to Mr. Boggerty, Mr. Lynn stated that those were not tendered to him by council. Responding to members, Mr. Boggerty asked if it is possible to give these documents to them today. Responding to Mr. Boggerty, Ms. Sussman stated that they have these documents, but they say nothing. Ms. Sussman further stated that it’s imperative that they look at this, it says that the code enforcement fine was assessed on the charge date of 6/5/2023 for the amount assessed for $200. This doesn’t say what it is for, and she can’t look at the appendix to the city code and see if it’s the correct fine amount. Ms. Sussman stated that was an issue for her when the number that they came back to her with, that she already paid money on and paid a thousand dollars to get her electricity to be turned on. Responding to Ms. Sussman, Ms. Marney stated that has been applied. Ms. Sussman stated that they keep telling her that it has been applied but she does not know where because it doesn’t show anywhere where the money has gone. Mr. Boggerty stated that the reason he was running late was because he was meeting with a constituent and had a detailed breakdown of everything including pictures. Responding to Mr. Boggerty, Ms. Sussman stated that she does have those. Responding to Ms. Sussman, Mr. Boggerty asked does it marries this. Responding to Mr. Boggerty, Ms. Sussman stated that it doesn’t marry her because they have fines and fees that keep going on at Governors. Ms. Sussman stated that there was an inspection, and it should have been closed out. Mr. Boggerty asked what we need to do to reconcile this document. Mr. Boggerty asked if the document could be shown to council. Mr. Boggerty stated that it all looked the same except for having different numbers. Ms. Marney stated that the notices that went in the mail from Planning and Inspections coincide with the case numbers that are listed on those bills. Mr. Kopp stated that in the packet are the citations and letters that were sent out upon failure to pay for those citations, it’s then invoiced. Mr. Kopp further stated that what the members have is the invoice for the bill and that we don’t resend out citations. This is because some of these cases can be 10 to 20 pages. Page 12

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 7 Responding to Mr. Kopp, Mr. Boggerty asked because of the litigation, can we make a one-time exception until we can revisit the policy to take the invoice and staple it to the appropriate document. Responding to Mr. Boggerty, Mr. Kopp stated that all the documents were in the packet and that every letter and citation that was issued in reference to any of the properties in question were included. Mr. Kopp further stated that all the case files were pulled for everything that was cited. Responding to Mr. Kopp, Mr. Boggerty stated that he believed that Mr. Kopp did what he was supposed to do. Mr. Boggerty asked the city manager, council, and others until we can revisit the term fines and fees and the Clean Hands Act because there is some work to do. Mr. Boggerty further asked if it would be difficult to marry them on this one matter. Responding to Mr. Boggerty, Mr. Koop stated that would be easy to do. Responding to Mr. Kopp, Mr. Boggerty asked if they could staple the $2,700 to have something to associate this with. Responding to Mr. Kopp, Councilman Sudler asked that with the consolidation of the effective conditions with the cost, could they provide what was doubled and the time frame. Councilman Sudler explained that he is hearing from both sides and what he is hearing is that there were some citations or ordinances that would be doubled. Councilman Sudler further asked if Mr. Kopp could add that so they could have the amount before it was doubled. Responding to Councilman Sudler, Mr. Kopp stated all that information was provided on a spreadsheet and all doubling for both properties and all properties associated has been removed. Mr. Kopp stated for clarification by code, the current ordinance that any citation issued any fee or fine, the fee automatically doubles in 14 days and that it is repeated over 50 times in the code, it’s extensive. Mr. Kopp further stated that this isn’t code enforcement and that it is an automatic doubling of fines. All the doubling fines for Double JR, LLC, and Ms. Sussman's personal property have been removed, and there is no current doubling of any fee. Mr. Hare stated that we know what’s going on and that they will put those together and get them back. Mr. Hare explained that he isn’t a fan of bringing this all back, but if all the records appear and show that we are moving to doubling it does state in the fines if it is not paid by a certain time. Mr. Hare further explained that we granted what was taken away and it comes to $6,400. Mr. Hare further explained that would be the number that he thinks the city would settle for and if Ms. Sussman doesn’t agree to that, then we can take all the paperwork and put it together, and let the courts deal with it and file whatever paperwork that needs to be filed. If it needs to go as liens against property then we will just do it that way. Mr. Hare stated that we have talked about this enough and if Ms. Sussman is willing to settle, Mr. Hugg would be willing to settle for the $6,400, and if she doesn’t, let the courts deal with it. Page 13

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 8 Mr. Neil moved that the subject of the amount that is owed by Double JR, LLC, and Jill Sussman be tabled and brought back to the council following another set of meetings to handle the accounts. The motion was seconded by Councilman Sudler and unanimously carried. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 11, 2023 The Minutes of the Regular Council Meeting of December 11, 2023, were unanimously approved by motion of Mr. Sudler, seconded by Mr. Neil, and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT – DECEMBER 12, 2023 The Council Committee of the Whole met on December 12, 2023, at 6:00 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, and Mr. Rocha. Ms. Arndt and Mr. Sudler were absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Tholstrup, and Mr. Lewis (Parks, Recreation, and Community Enhancement), Dr. Jackson-Short (Safety, Advisory, and Transportation), Mr. Shevock (via WebEx), and Ms. Smith (Legislative, Finance, and Administration). Ms. Smack (Safety, Advisory, and Transportation) was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Council President Hare presiding in the absence of a chair. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. Review of Active Recreation Area Plan – Walker Road Apartments at Guinn Property on Walker Road (Property of 6.83 acres +/- located on the north side of Walker Road and west of Independence Boulevard. Planning Reference: Site Plan S-23-22) (Dawn Melson-Williams, Principal Planner) Ms. Dawn Melson-Williams, Principal Planner, reviewed the background and analysis regarding the active recreation plan for the Walker Road Apartments on Walker Road. Page 14

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 9 Staff recommended approval of the active recreation area plan with the comments and conditions provided. Mr. Neil moved to recommend approval of the staff recommendation. The motion was seconded by Mr. Michael Lewis and unanimously carried. By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. Responding to Mr. Tholstrup, Ms. Melson-Williams stated that there is access to the adjourning neighborhood by what is proposed as the sidewalk system, and then walking the sidewalk network that is on Walker Road. The neighborhood that is to the west is the Village at McKee Branch, which is a separate townhouse- style neighborhood. Ms. Melson-Williams stated that Mr. Tholstrup is correct, and that the general area does include some playground equipment. Ms. Melson- Williams explained that she is unsure of the ability to formally utilize the equipment, but the developer could explore that option. Ms. Melson-Williams stated that if the developer believed their tenants would benefit from some type of play structure, they could consider it in their plans. Silver Lake Dam – Annual Inspection Review (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis of the Silver Lake Dam Annual Inspection. Staff recommended accepting the Silver Lake Dam 2023 Safety Inspection Report and the FY2024 Silver Lake Dam Inspection Updated Memorandum. Mr. Hare congratulated Mr. Lyon and his team for bringing their action items down from 51 to 28. Mr. Neil moved to recommend approval of the staff recommendation. The motion was seconded by Mr. Rocha and unanimously carried. By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. Mayor and Council Reports Council President Hare No report was given. First District Dr. Pillsbury had no report to give. Page 15

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 10 Mr. Rocha wished a Merry Christmas, Happy Holidays, Happy Kwanzaa, and Happy Hanukkah to everyone. Second District Mr. Lewis stated that he is addressing many speeding issues in the second district. Third District Mr. Neil stated that he survived his 90th birthday, and that he and Ms. Arndt sent out a series of alerts to the homeowner’s association leaders, and the civic leaders to make sure they were informed. Mr. Neil stated that one of the items that affected the Third District was the Gift of Lights, which they informed them that it was coming and what to expect. Also, Mr. Neil stated that Kent County issued their assessments, which caused a great deal of confusion. Mr. Neil stated that an alert was sent out to those leaders based on what is happening with the assessments so that if problems come to them, they know where to go or who to direct questions to. Mr. Neil stated that there was a series of warnings known as “Know Before”, to alert every one of the phishing efforts for information by cyber criminals which he felt is extremely pertinent because of the time of year. Ms. Arndt was absent, and no report was given. Fourth District Mr. Anderson stated that the residents of Lincoln Park have expressed concerns about speeding and trash, specifically on Reese Street. Woodcrest has also brought forward some speeding issues. The Woodcrest Development is currently trying to deal with the Capital School District because there have been issues with vandalism through the connection path to the middle school, which is a significant concern for them. Mr. Anderson stated that he would be doing a walkthrough with residents in MillCreek regarding a sinkhole and several other issues. Mr. Anderson thanked Ms. Duca for researching what is covered by the city, the state, and possibly the homeowner’s association. Finally, Mr. Anderson stated that there have been some safety concerns brought forward by the Hamlet. Mr. Sudler was absent, and no report was given. At-Large Mr. Boggerty stated that he has been working with individuals who want to start a Civil Air Patrol program within the city. Mr. Boggerty stated that they have picked out a location, the old VFW off of Walker Road. Mr. Boggerty explained that the Civil Air Patrol offers great services and opportunities for young people. Mr. Boggerty stated that Unity Day will be held on June 29, 2024, and Happy Holidays. Mayor Christiansen Mayor Christiansen stated that there will be a town hall meeting for Woodcrest, Northwest Dover Heights, Fairview, Old Dover, and the Hamlet for the discussion Page 16

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 11 of the demolition of the McKee-run Power Plant. Mayor Christiansen stated that there have been quite a few residents who have been concerned with the demolition. The location of the town hall will be announced soon. Mr. Hare moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, hearing no objection the meeting adjourned at 6:17 p.m. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Lewis presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Prioritization of City Dover State Capital Transportation Program (CTP) Projects (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the City of Dover State Capital Transportation Program (CTP) Projects. Staff recommended approval of the 2024 transportation priorities. Responding to Mr. Rocha, Mr. Hugg stated that all of the various projects from all of the sources go into the capital list that the state prepares. The projects then go through a rating system that looks at safety, traffic volume, capacity, and a variety of other things. A score is assigned and then a comprehensive list state-wide of all the projects by priority will be provided. Mr. Hugg explained that the list is not necessarily the order that which they will be funded. Responding to Mr. Rocha, Mr. Hugg stated that The Capital Transportation Project has a matrix that includes when it is scheduled for planning, right-of-way, construction, and completion. Responding to Mr. Rocha, Mayor Christiansen stated that the report should be back in the spring at the latest. Responding to Mr. Anderson, Mr. Hugg stated that the focus is on the current freight routes throughout the city and the likelihood of getting the Capital Gateway funded is very low. Mr. Hugg explained that he is using it as a placeholder in case there are changes to the economic conditions. Mr. Neil moved to recommend approval of the staff recommendation. The motion was seconded by Mr. Rocha and unanimously carried. Page 17

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 12 By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. Request for Waiver – Appendix A – Subdivisions, Article VI – Subdivision – General Requirements and Design Standards, Section A – Streets: Subdivision Waiver of Requirement for Two Connections to Public Street as associated with Site Plan for Windward Ridge Apartments. (Property Owners: George L. Craig and Deborah J. Craig; Robert G. Keller and Gloria K. Keller; and Bruce A. Burkett. Equitable Owner: Jack Lingo Asset Management, LLC. Property Addresses: 57 Rocky Road, 4085 West Denneys Road, and unaddressed parcel on West Denneys Road. Tax Parcels: ED-05- 056.00-01-02.00-000, ED-05-056.00-01-03.00-000, and ED-05-056.00-01-04.00- 000. Planning Reference: S-23-19) (Dawn Melson-Williams, Principal Planner) Ms. Dawn Melson-Williams, Principal Planner, reviewed the background and analysis regarding the Request for Waiver for the Windward Ridge Apartments. The Planning Commission recommended the Site Development Plan Application S-23-19 was represented by the developer/equitable owner of Jack Lingo Asset Management LLC, the applicant’s engineering firm Morris & Ritchie Associates, Inc., the applicant’s traffic engineering firm The Traffic Group, and their attorney from Saul Ewing. A Public Hearing was conducted on October 16, 2023, where five members of the public spoke, and two written comments were received. The Planning Commission deferred action on the Site Plan seeking additional information. The Planning Commission received the additional information and continued the review on November 20, 2023, and then moved by vote of 5-4 to grant conditional approval of the Site Development Plan and including a recommendation of approval of the Subdivision Waiver allowing for one connection to the Public Street. Responding to Mr. Rocha, Ms. Melson-Williams stated that as a part of the development advisory committee process both the fire department and police department were alerted to the application. Ms. Melson-Williams explained that there were no specific comments from either agency. Ms. Melson-Williams stated that the Fire Marshal’s office also noted that the plan does meet the fire lane requirements. Responding to Mr. Rocha, Ms. Melson-Williams stated that when Carlisle Village was developed, there was no future interconnection planned, so there was only one access point. Ms. Melson-Willaims stated that the east side of the proposed apartment complex is fully developed with individual lots in the neighborhood. Responding to Mr. Rocha, Ms. Melson-Williams stated that there are properties between the boundary of the proposed complex and the adjacent road network. Ms. Melson-Williams explained that to the north and wrapping around to the west side, the area is impacted by wetlands and floodplains. Ms. Melson-Williams Page 18

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 13 stated that the land would have to be acquired by purchase or easement to obtain access to cross the other properties and those lands are not in the City of Dover. Responding to Mr. Neil, Ms. Melson-Williams stated that the property falls within the CPCN, which is in the territory of Tidewater. Ms. Melson-Williams explained that there have been conversations between the city’s Water and Wastewater Department and Tidewater regarding the project, but Tidewater can service the area. Responding to Mr. Neil, Ms. Melson-Williams stated that when the Planning Commission grants conditional approval it means, under the condition of achieving all agency approvals. DelDOT, the Kent Conservation District, the city’s Water and Wastewater Department, and the Planning Office are the agencies approving the proposal. Ms. Melson-Williams explained that this is not the final step as they will have to work with the Kent Conservation District in designing their sediment and stormwater management plan. Ms. Melson-Williams also stated that there are limitations on the prohibition of wetland development in the city’s code to address some of Mr. Neil’s concerns. Ms. Melson-Williams explained that the design may look slightly different than presented once they obtain their detailed stormwater plan. Responding to Mr. Lewis, Ms. Melson-Williams stated that the vote from the Planning Commission was a five to four vote for approval of the plan. The Planning Commission heard testimony from several neighbors, however, their concerns focused on traffic in general and the current conditions of West Denney’s Road overall, which the developer cannot control. DelDOT will have improvement requirements near the frontage as a part of the entrance plan approval. Ms. Melson-Williams explained that some of the Planning Commission’s concerns were with the details of the entrance design and what improvements would need to be made. Ms. Melson-Williams stated that the property is zoned RM-2 so the property as an apartment complex cannot be denied, but there are provisions within the code that will guide how the development happens. Mr. Boggerty moved to recommend approval of the Planning Commission recommendation. The motion was seconded by Mr. Anderson and carried with Mr. Lewis voting no. Mr. Lewis moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 6:44 p.m. By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE Page 19

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 14 The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Shevock and unanimously carried. Evaluation of Proposals – Water Street Flooding Improvements Design (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the Water Street Flooding Improvements Design. Staff recommended awarding the contract to Century Engineering, LLC for the engineering design of Water Street Flooding Improvements, RFP #24-0003WW, for $115,000. Responding to Mr. Lewis, Mr. Lyon stated that in the 1964 agreement with DelDOT, the city assumed all responsibility for the stormwater infrastructure within the right-of-way of the state. Mr. Lyon explained that DelDOT takes care of the asphalt from curb to curb, and anything under the ground is taken care of by the city. Mr. Rocha moved to recommend accepting the staff recommendation. The motion was seconded by Mr. Lewis and unanimously carried. By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. Civilian Pension Committee Report regarding COLA (Bob Gedney, General Employee Pension Chair) Mr. Bob Gedney, General Employee Pension Plan Board Chair, reviewed the background regarding the COLA request. Committee action not required. Mr. Bob Gedney read letters from pensioners in the General Employee Pension Plan in support of a COLA increase (Attachment #1). Mr. Anderson stated that the original agreement did not include a COLA with the city. In 2017 Mr. Neil made the motion to do a review every three years. Mr. Anderson explained that council will keep that promise but right now they are waiting on different reports from the actuary so that the costs can be considered in the budget conversations. Mr. Anderson stated that the increases may have to be made over a few years, but they will see what they can do. Page 20

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 15 Responding to Mr. Gedney, Mr. Anderson stated that the criteria of the request had been changed and the report was delayed. Mr. Anderson explained that the plan would be to have the report before February while doing budget preparations. Responding to Mr. Gedney, Mr. Anderson stated that the Civilian Pension Board will be the first to see a copy of the report. Responding to Mr. Rocha, Mr. Anderson stated that the cost of living is important because there are people who have been receiving a pension of $400 a year for the last 20-plus years and have only received a two percent increase. Mr. Anderson stated that in his opinion out of human compassion and fairness council has the discretion to do more and it does not serve them to starve the retirees. Mr. Anderson explained that there must be a balance to the budget and when the time comes all the numbers will be looked at to balance all of the considerations. Ms. Christina Kober, a General Employee Pension Plan Board member, read letters from pensioners in the General Employee Pension Plan in support of a COLA increase (Attachment #2). Responding to Mr. Boggerty, Mr. Anderson stated that council has the authority to grant COLAs, however it is discretionary, not mandatory. Mr. Anderson explained that the ordinance could be changed in the future, but it is possible to lose budgetary discretion. Responding to Mr. Anderson, Mr. Hare stated that there should be something in place. Mr. Hare explained that whether it be what the state, social security, or what the non-union employees are given each year, there must be something put in place. Mr. Hare stated that by going with the state or social security the city would not have to worry about controlling the amount. Ms. Kober stated that the original police pension was the only contract that had a COLA written into it. Ms. Kober stated that the IBEW, ASME, and DOE do not have a COLA built into the original contract and she does not believe it was something done then. Ms. Kober explained that the pensioners would like to see a COLA be placed into the ordinance so that they are not forgotten every year and can feel valued. Ms. Kober stated that it could be what social security gives out or a flat percentage, but the pensioners feel out of sight, out of mind. Ms. Kober stated that the active employees get a three percent increase in their union contracts so the pensioners should as well. Mayor Christiansen stated that in all fairness to the city staff that has to put together the budget, he would like the General Employee Pension Plan Board to come back with a reasonable proposal in early January. Mayor Christiansen explained that they should come back with actual numbers, while still waiting for the actuary report, and create a proposed ordinance that dictates what unit of Page 21

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 16 measurement will be considered, whether, it be federal standards, state, or social security, or a combination of all three. Elaner Brown, a City of Dover Retiree, stated that she began working for the City of Dover in 1970 as a part-time employee. Ms. Brown stated that she retired in 1996 as the Administrative Secretary of the Administrative Services Department. Ms. Brown explained that she remembers when council approved the COLA because a lot of the retirees were living at the poverty level due to their pension benefits being so low. Ms. Brown stated since her retirement she has received approximately an 18.5 % COLA increase in 27 years. Ms. Brown explained that COLA should be given annually across the board. Ms. Brown stated that every year employees are faced with higher grocery, utility, and gas bills. Ms. Brown explained that it was brought to her attention that some employees had been given $30 to $40,000 increases, which was more than most retirees ever dreamed of making during their tenure. Ms. Brown explained that in the 70’s, the 80’s, and 90’s people could walk downtown to eat and shop with no worry. Ms. Brown stated that there are hardly any businesses or good restaurants, and you take your life into your own hands to walk downtown. Ms. Brown asked that council have a conscience and do what is right for the civilian retirees. Mr. Rocha moved to refer the request for a COLA to staff for a recommendation coming up. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. Sanitation Enterprise Fund Discussion (Sharon Duca, Assistant City Manager /Mark Nowak, Public Works Director) Ms. Sharon Duca, Assistant City Manager, and Mr. Mark Nowak, Public Works Director reviewed the background and analysis regarding the Sanitation Enterprise Fund. Staff recommended authorizing staff to include the Sanitation Enterprise Fund in the FY25 Budget. Mr. Neil thanked Mr. Nowak for the presentation and stated that he printed out a portion of the presentation to explain to constituents the cost increase. Mr. Neil stated that the model shows exactly what the current cost is and compares the cost to Kent County and the City of Newark. Responding to Mr. Lewis, Mr. Nowak stated that he intends to rerun the model before the fifth year and get new projections going out for five more years. Responding to Mr. Lewis, Ms. Duca stated that the goal would be to rerun the model every year based on the budget to make sure it stays within the projections. Page 22

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 17 Ms. Duca explained that before the fifth year if there were any proposed changes for the following period they would be brought before council. Responding to Mr. Rocha, Mr. Nowak stated that the increase would include covering the costs of all vehicles. Mr. Nowak explained that the containers and recycling contractor are all included in the model and projected out for five years. Responding to Dr. Pillsbury, Mr. Nowak stated that the cost increase from $27 to $33 per container would cover the current deficit. Responding to Dr. Pillsbury, Ms. Duca stated that the model has a percentage increase built into a few aspects of it. For example, there is an increase across the board for labor, materials, and supplies. Ms. Duca explained that there is also a contingency reserve like the other utilities, like the general fund, they have looked at multiple factors to build up sustainability. Responding to Mayor Christiansen, Mr. Nowak stated that the 300-gallon cans would be at the rate of $99 but they are being phased out as the commercial services are phased out, which is included in the model. Mr. Neil moved to recommend accepting the staff recommendations to authorize staff to include the Sanitation Enterprise Fund in the FY25 budget. The motion was seconded by Dr. Pillsbury and unanimously carried with Mr. Lewis abstaining. By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. Discussion on Recruitment and Retention (Councilman David Anderson, David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed background and analysis regarding recruitment and retention in the City of Dover. Committee action not required. Mr. Anderson stated that over 80 percent of municipalities are having problems recruiting police. 77 percent are having problems with specialized positions like finance, and 71 percent with engineers. Mr. Anderson explained that there is a lot of competition with hybrid and remote work that has put a lot of pressure on municipalities to maintain people. Mr. Anderson stated that three-quarters of municipalities rated employee recruitment and retention as one of the top three issues they face. Responding to Ms. Smith, Mr. Hugg stated that the city has a few interns in engineering, electric, planning, and the City Clerk’s Office. Mr. Hugg explained that one area the state could help would be to promote apprenticeship programs. Page 23

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 18 MONTHLY REPORTS – NOVEMBER 2023 By motion of Councilman Sudler, seconded by Mr. Neil, the following monthly reports were accepted by consent agenda: City Assessor’s Report City Council’s Community Enhancement Fund Report City Manager’s Report City Planner’s Report Controller/Treasurer’s Budget Report Fire Chief’s Report Police Chief’s Report APPOINTMENTS/REAPPOINTMENTS BY MAYOR CHRISTIANSEN By consent agenda, Councilman Sudler moved for approval of the following appointments, seconded by Mr. Neil, and carried by unanimous roll call vote. Planning Commission – William L. Witham Jr. – (to fill unexpired term of Robert D. Hartman – Term to Expire June 2024) ITEMS NOT ON THE CONSENT AGENDA Carbon Column Media Replacement – Sole Source Vendor (Kate Mills, Water Production Manager) Kate Mills, Water Production Manager, Department of Water and Wastewater reviewed the background and analysis of the Carbon Column Media Replacement. Mr. Neil moved to accept the staff recommendation to approve the award. The motion was seconded by Councilman Sudler and carried by a unanimous roll call vote. CITY MANAGER'S ANNOUNCEMENTS Mr. Hugg reminded everyone that the City of Dover offices, the City Library, and the Pitt Center will be closed on Monday, January 15th in observance of Martin Luther King Day. Mr. Hugg further explained that the trash and recycling that would have been picked up on Monday will be picked up on Tuesday, January 16th and as a reminder, all citizens have their trash cans out by 7:00 AM Tuesday. MAYOR’S ANNOUNCEMENTS Mayor Christiansen stated that he would like to remind everyone that in conjunction with the announcement about the City of Dover offices being closed on the 15th of January, honoring Dr. Martin Luther King, the Alpha Phi Alpha fraternity will be hosting their annual Martin Luther King Day breakfast. Mayor Christiansen further stated that there will be a dynamic speaker at 7:00 AM at the Modern Maturity Center, and then at noon. Also, the Inner-City Cultural League in conjunction with Delaware State University, will be honoring Dr. Martin Luther King with a celebration at the DeLauder Humanity Center. COUNCIL MEMBERS' ANNOUNCEMENTS Page 24

Item #4. CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 19 Mr. Lewis stated since this is our first council meeting for 2024, he wished everyone out there watching a Happy New Year. Mr. Lewis would like to extend his sincere condolences to the family of Fran Hettinger who was a long-time resident and constituent of the second district that he represents and that she was a city employee for many years. Mr. Neil discussed that the weather has been getting cold and that we are due for snow, but if everyone reads their packets, everyone will know that the tulips have been planted. Councilman Sudler wanted to thank the newest member, Ms. Wheeler, and congratulate her on her new position here with the family of Team Dover. The meeting adjourned at 7:52 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by the City Council during their Regular Meeting of January 8, 2024, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR Exhibits Exhibit #A – Double JR, LLC Appeal to Dover City Council January 8, 2024 Exhibit #B – Exhibits A-C Provided by Sean M. Lynn, Esquire Page 25

EXHIBIT #1 R e g u l a r C o u n c i l M e e t i n g o f 0 1 / 0Item 8/2#4.0 2 4 DOUBLE JR, LLC APPEAL TO DOVER CITY COUNCIL JANUARY 8 TH, 2024 Sean M. Lynn, Esquire Page 26

Item #4. FACTS • DOUBLE JR, LLC, OWNS REAL PROPERTY DESIGNATED AND DESCRIBED AS 34 NORTH NEW STREET. DOVER, DELAWARE. • THE LLC LEASED A RENTAL UNIT TO A TENANT “S.P.” WHO ATTEMPTED TO HAVE UTILITIES TURNED ON IN HIS OWN NAME. • THE CITY REFUSED TO PROVIDE ELECTRIC SERVICE, CITING THE ‘CLEAN HANDS ORDINANCE’ WHICH IT HAS MAINTAINED IS APPLICABLE GIVEN THE LLC, AND ITS MEMBER, JILL SUSSMAN, ALLEGEDLY OWE THE CITY FINES Page 27

Item #4. “CLEAN HANDS ORDINANCE” Section 1-13(a) reads: Eligibility to receive city utilities or services. No person, artificial entity, or owner of a ½ or greater interest in that artificial entity shall be eligible to receive any city services, utilities, permits, licenses, or approvals if that person, artificial entity, or owner of a one-half or greater interest in that artificial entity owes outstanding payments to the city; or if that person, artificial entity, or the owner of a ½ or greater interest in that artificial entity is responsible for documented violations of the Dover Code of Ordinances that have remained unresolved for more than 45 days. If the party, artificial entity, or owner of a ½ or greater interest in that artificial entity requesting city approval is current on some but not all obligations owed to the city, the request shall be denied until such time as the person, artificial entity, or owner of a one-half or greater interest in that artificial entity is current and in compliance with all city obligations. Page 28 PRESENTATION TITLE 3

Item #4. THE TENANT IS THE APPLICANT FOR CITY SERVICES – NOT THE OWNER (f) Appeal of denial of utilities, services or approvals. 1. Appeal to city manager. Any applicant , person, corporation, or other entity or any owner or member of that corporation or other entity requesting such city services, utilities, permits, licenses, or approvals who receives the aforesaid written denial may appeal that denial to the city manager within 20 calendar days of such denial. The city manager, or his/her designee, shall thereafter hold a hearing at which said applicant shall be permitted to give evidence that such payment has been made or that a required action has been carried out, or otherwise show that such denial is based on incorrect information or is not lawful as to that applicant. Page 29 PRESENTATION TITLE 4

Item #4. PROBLEM ONE: Neither DOUBLE JR, LLC, NOR JILL SUSSMAN, are the applicant for City Services – the Tenant “S.P.” is. Page 30 PRESENTATION TITLE 5

Item #4. PROBLEM TWO: “FEES” NOT “FINES” enumerated in Section 1-13, as follows: Obligations which must be current. Applicants for city services, utilities, permits, licenses, or approvals shall be current on all of the following obligations to the city, including interest, penalties, court costs, and/or attorney's fees if applicable, prior to receiving such approvals: (1)Property taxes. (2)Applicable Delaware realty transfer taxes. (3)Water, sewer, and electric connection/disconnection, front footage and/or usage charges. (4)Trash fees. (5)Application fees. (6)Permit fees, including building permits, building code and inspection/reinspection fees. (7)Vacant building fees. (8)Inspection fees. (9)Charges for the costs of razing or demolition of buildings done through public expenditure. (10)Charges for duly authorized improvements or maintenance to the exteriors of buildings or property done through public expenditure. (11)Assessments for the installation of sewer lines, water mains, sidewalks, and curbing. (12)Charges for the costs of removing weeds, grasses, refuse, rubbish, trash, or other waste material done through public expenditure. (13)Miscellaneous charges. Page 31

Item #4. THE LAW OF STATUTORY CONSTRUCTION AND INTERPRETATION The Delaware Supreme Court opined most recently on the rules of statutory construction in the 2020 matter Salzberg v Sciabuacucchi, 227 A. 3d 102. In Salzberg, the Court held that a canon of statutory construction is that every word chosen by the legislature (and often bargained for by interested constituent groups) must have meaning. Statutes must be viewed as a whole. Words in a statute should not be construed as surplusage if there is a reasonable construction which will give them meaning, and courts must ascribe a purpose to the use of statutory language, if reasonably possible. The legislative body is presumed to have inserted every provision for some useful purpose and construction, and when different terms are used in various parts of a statute it is reasonable to assume that a distinction between the terms was intended. It is well established that a court may not engraft upon a statute language which has clearly been excluded therefrom, and that, when provisions are expressly included in one statute but omitted from another, we must conclude that the General Assembly intended to make those omissions. Page 32 PRESENTATION TITLE 7

Item #4. FINES VS FEES NOT DEFINED IN SECTION 1-2 OF THE DOVER CODE OF ORDINANCES - IN THE ABSENCE OF A DEFINITION WITHIN THE LAW, ORDINARY MEANING APPLIES WHAT IS A FEE? WHAT IS A FINE? 1.Noun - a payment asked by 1.Noun - a certain professional people or public servants for their services: a amount of money doctor's fee; school fees exacted as a penalty: a 2.a charge made for a parking fine privilege: an entrance fee Page 33 PRESENTATION TITLE 8

Item #4. NEITHER DOUBLE JR LLC NOR JILL SUSSMAN OWE THE CITY FEES (?) Page 34 PRESENTATION TITLE 9

Item #4. SUMMARY Page 35 PRESENTATION TITLE 10

Item #4. Page 36 PRESENTATION TITLE 11

Item #4. FINES NOT FEES – DOCUMENTS PROVIDED TO MS. SUSSMAN DIRECTLY – NOT TO COUNSEL DESPITE MULTIPLE REQUESTS Page 37 PRESENTATION TITLE 12

Item #4. FINES NOT FEES Page 38 PRESENTATION TITLE 13

Item #4. PROBLEM THREE – WHAT DOVER CITIZEN CAN POSSIBLE DETERMINE WHAT THEY OWE THE CITY (AND FOR WHAT) BASED ON THESE RECORDS? Page 39 PRESENTATION TITLE 14

Item #4. PROBLEM FOUR – THE CLEAN HANDS ORDINANCE IS FUNDAMENTALLY FLAWED No person, artificial entity, or owner of a ½ or greater interest in that artificial entity shall be eligible to receive any city services, utilities, permits, licenses, or approvals if that person, artificial entity, or owner of a one-half or greater interest in that artificial entity owes outstanding payments to the city; or if that person, artificial entity, or the owner of a ½ or greater interest in that artificial entity is responsible for documented violations of the Dover Code of Ordinances that have remained unresolved for more than 45 days. If the party, artificial entity, or owner of a ½ or greater interest in that artificial entity requesting city approval is current on some but not all obligations owed to the city, the request shall be denied until such time as the person, artificial entity, or owner of a one-half or greater interest in that artificial entity is current and in compliance with all city obligations. Page 40 PRESENTATION TITLE 15

Item #4. EXAMPLE OF FUNDAMENTAL FLAWS WITH THE CLEAN HANDS ORDINANCE THAT RENDER IT UNENFORCEABLE AS WRITTEN FRED AND DAVID ARE MEMBERS IN A DELAWARE LLC THAT DELAWARE LLC OWNS 500 APARTMENTS IN THE CITY OF DOVER FRED FALLS ILL AND DOES NOT MOW HIS GRASS AT HIS HOME FOR AN ENTIRE SUMMER, THUS INCURRING FINES FOR GRASS CUTTING FROM THE CITY OF DOVER BASED UPON THE CITY’S INTERPRETATION OF THE CODE, NOT ONLY COULD THE CITY DENY NEW TENANTS ELECTRIC SERVICE BUT THEY COULD DISCONNECT THE ELECTRIC SERVICE FOR 500 APARTMENTS IN THE CITY OF DOVER Page 41 PRESENTATION TITLE 16

Item #4. EVEN MORE CONCERNING – DOVER ORDINANCE 110-2 Page 42 PRESENTATION TITLE 17

Item #4. THE CITY MANAGER IS IMBUED WITH UNLIMITED AUTHORITY TO TERMINATE CITY SERVICES TO ANYONE The City of Dover should not allow this type of delegation of its authority without appropriate safeguards, due process or oversight. Page 43 PRESENTATION TITLE 18

Item #4. SOLUTIONS • To this issue: Double JR, LLC is willing to offer the sum of $2,400.00 and Jill Sussman is willing is to offer the sum of $1,300.00 • To the issues raised herein: significant changes are needed to the Dover Code of Ordinances to preclude these issues from repeating to other City of Dover Residents or Businesses Page 44 PRESENTATION TITLE 19

Item #4. THANK YOU Questions or Concerns? Page 45 PRESENTATION TITLE 20

EXHIBIT #2 Regular City Council Meeting of Item 01/08/2024 #4. EXHIBIT A DOCUMENTS ATTACHED TO JANUARY 5TH EMAIL BETWEEN COUNSEL Page 46

Item #4. sean@thelynnfirm.com From: Hugg, Dave <dhugg@dover.de.us> Sent: Friday, January 5, 2024 3:23 PM To: Sean Lynn Subject: Re: EXTERNAL:Re: THIRD REQUEST- Double JR, LLC and Jill Sussman His client has them since November 14. Sent from my iPhone On Jan 5, 2024, at 2:41 PM, Sean Lynn <sean@thelynnfirm.com> wrote: I You don't often get email fromsean@thelynnfirm.com. Learn why this is important WARNING: This email originated from outside of the organii"a-tionLDo not click links or open attachments unless you recognize the sender and know the content is safe. ,. Nick, It is almost close of business on Friday, at weeks end, and despite multiple requests and your email below - I still don't have these documents. The hearing is Monday. Please advise when the City intends to send me these documents? Best, Sean M. Lynn, Esquire THE LYNN FIRM, P.A. 308 South State Street, Dover, Delaware 19901 Main: 302-734-2000 I Fax: 302-734-2002 sean@thelynnfirm.com www.thelynnfirm.com Page 47

Item #4. Ivl "'-7--·----------- 15 This electronic transmission, and any attached document(s) and/or file(s), is confidential and/or legally privileged. It is intended for the sole use of the individuals to whom it is addressed. It is the responsibility of the recipient(s) of this electronic transmission to read and review any attached document(s) and/or file(s).lf you received this message in error, please notify the sender and destroy the message and any attached document(s) and/or file(s) immediately. The Lynn Firm, P.A., is not liable for any use or misuse contrary to these directions. Thank you. On Jan 4, 2024, at 2:05 PM, Nick Rodriguez <nrodriguez@schmittrod.com> wrote: Sean, I am emailing all ofthis material to you again. Your client has everything and more that we are sending and we assumed she would have shared it with you. Nick On Jan 4, 2024, at 1:57 PM, <sean@thelynnfirm.com> <sean@thelynnfirm.com> wrote: Nick, This email represents the third time I have asked for the complete list of alleged fines and fees which Ms. Sussman and Double JR, LLC, owe the City and which are the alleged basis for the City refusing to allow her tenant(s) from turning on electric service. 2 Page 48

Item #4. I don't understand why it is so hard to get this information or why I have to ask multiple times. This should be easy to provide. I don't know why my requests and emails are being ignored. We have a second hearing scheduled Monday. Please advise. Best, Sean M. Lynn, Esquire THE LYNN FIRM, P.A. 308 South State Street, Dover, Delaware 19901 Main: 302-734-2000 I Fax: 302-734-2002 sean@thelynnfirm.com www.thelynnfirm.com <image001.jpg> This electronic transmission, and any attached document(s) and/or file(s), is confidential and/o legally privileged. It is intended for the sole use of the individuals to whom it is addressed. It i~ responsibility of the recipient(s) of this electronic transmission to read and review any attachec document(s) and/or file(s).Ifyou received this message in error, please notify the sender and destroy the message and any attached document(s) and/or file(s) immediately. The Lynn Firm, P.A., is not liable for any use or misuse contrary to these directions. Thank you. 3 Page 49

Item #4. City of Dover, DE - Production CUSTOMER STATEMENT CURRENT ADDRESS: LOCATION: DOUBLE ] R LLC 330 TROON RD DOVER DE 19904 PROPERTY CODE: CUSTOMER ID: 12916 EFFECTIVE DATE:12/28/2023 'i:(.J;·,I;tI ·:M·1d :•••• #. #·•• ~•• II! n···Ii!"3#:t4fH~··!i1 ••• (., •• 111 ¢I:a•• ~•• 2024 GB-I 1 CODE ENFOR 2,000.00 1,200.00 . 00 .00 1,200.00 :t•••. pJr: 4IJtltBm _4 ,8'" ,1 ill IIi _.JiltB,li en 2024 GB-I 1 CODE ENFOR 200.00 200.00 .00 .00 200.00 :••8" 'III ""'8It. Amltli m lit 4iI18'[1 til 2024 GB-I ..... : 1 CDDE ENFOR ,.11 2,700.00 a'lttam 2,700.00 Mt!I"tII .00 III .00 !II 2,700.00 JI1iTiWiIi tIt 2023 GB-I 1 CODE ENFDR 500.00 300.00 :"'! ••. 1 ,.,.8", 1m_tit .00 tIt .00 til 300.00 un",'t lit •••. , •• "'#1.•••••. " Wlm.tII B'II18111 iii iII WillIWm iii ** END OF REPORT - Generated by Marney, patricia ** Report generJ,ted: 12/2e/20Z3 lS:~ User: pmilrney page 1 ProgrOilIll 10: ••rcidstnl Page 50

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Page 52 00'00"'8 )' INnOIl\l\f 1\fNJ9JHO 00·008 $ £ZOl/S/9 IH'1 Olll:-ll 8 3/\V' SHONH31\09 S 8lv J11 H r 31SnOa 00·0017 $ £lOl/ll/S IH'1 Olll:-ll 8 31\'1 SHONH31\09 S 8lv J11 H r 31SnOa OO·OOl $ £lOl/8/S IH'v' OllT-ll 8 31\'1 S):JON):J3I\09 S 8lv ::>11):Jr 318nOa Item #4.

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Page 55 00'001: $ $ $ $ $ $' $ $ $ $ $ $ $ $ $ $ $ $ $ oo'oos'r $' $ 00'008 $ 00'0017 $ OO'OOZ $ 00'001 $ oo'oop'r $' $ 00'008 $ 00'0017 $ 00'001 $ 00'001 $ $' $ $ $ $ $ $ $ 3na INnoV\J'V Item #4.

Page 56 OO'OOp(p $ 3na lNnOIN'f ''fNI:I OO'005(r $ 00'008 $ 00'001:7 $ DO'OOZ S Item #4.

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Page 58 OO'OOv$ OO'OOZ;$ 00'00 [$ OO'OO[ $ 00'00£ £ $ $ 00'009'[ $ OO'OOv $ OO'OOv $ OO'OO[ $ OO'OOZ; $ OO'OOv $ OO'OOZ; $ 00'006'Z; $ 00'008 $ OO'OOv $ OO'OOZ; $ OO'OO[ $ 00'008 $ OO'OOv $ 00'00 [ $ OO'OO[ $ 3;) WO~J p.H.jSUU.l lIum!a O~ ~oN p.~~.jSUCJ.l .pO;) u.dO Item #4.

Item #4. 23-2073 WEED Case charges waived nla 2303328 7/1/2023 $ nla 10127/2023 $ $ $ $ 50.00 General Bill Real Estate Invoice Write Off Bill Invoice Amount Approved Amount Utilities Amount Paid Grand total due $ 6,200.00 $ (1,800.00) $ $ $ 50.00 Owner Double J R LLC Tax Map Id E005-076.08-05-15.00 Service Addre.s 34 N New Street Owner Double J R LLC General Billing $ 2,900.00 General Billing $ 6,200.00 Real Estate $ Real Estate $ Utilities $ Utilities $ Code Enforcement $ Code Enforcement $ Write Off Approved -'-$ _ Write Off Approved $ (1,800.00) Total Due for Property=$==2=,9=0=0=.0=0= Total Due for Customer $ 4,400.00 Owner Double J R LLC Tax Map Id ED05-077.09-03-23.00 Service Address 428 S Governors Ave General Billing $ 3,300.00 Real Estate $ Utilities $ Code Enforcement $ Write Off Approved $ (1,800.00) Total Due for Property $ 1500.00 Owner Double J R LLC Tax Map Id ED05-067.20-03-44.00 Service Addre: 307 N Governors Ave Page 59

Item #4. $400.00 (SI.100.00) $ $ Open Code Transferred Not to Billing Transferred from CE $ $ 6,200.00 Page 60

Item #4. Open Code Transferred Not to Billing Utilities Amount Paid Transferred from CE $ 100.00 $ 200.00 $ 100.00 $ 200.00 $ 200.00 $ 400.00 $ 800.00 $ 1,600.00 $ 1,000.00 $ 50.00 $ 50.00 $ 1,332.31 $ $ $ I 882.31 $ 50.00 $ 4100.00 Page 61

Item #4. City of Dover-Payment Agreement Customer 10 (Munis) 12916 Billing Name: DOUBLEJR LLC Location Address SEE DETAIL Billing Address: 330 TROON ROAD Total Due $ 2,9,O:O.()O ' DOVER, DE 19904 (302) 399-9129 Purpose of billing· CODEENFORCEMENT Agreement Type· 12 MONTH AGREEMENTAPPROVEDBY THE CITY MANGER (Code Enforcement for 34 N New Street) Repayment Payment Amount Dates Amount Paid 1/15/2024 $ 241,67 $ 2115/2024 $ 241.67 $ 3/15/2024 $ ,241.67 $ 4/15/2024 $ 241.67 $ 5/15/2024 $ 241,67 $ 6/15/2024 $ 241.67 $ 7/15/2024 $ 241.67 $ 8/15/2024 $ 241.67 $ 9/15/2024 $ 241.67 $ 10/15/2024 $ 241.67 $ 11/15/2024 $ 241.67 $ 12/15/2024 $ 241.67 $ Total Total Balance $2,900.00 $2,900.00 The above charges represent CODEENFORCEMENTFEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable Immediately, Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding bills has been provided. By signing below you acknowledge that you have read and received this agreement. Double J R, LLC Date Witness, Signature Date Jill Sussman, Owner Double J R, LLC Date City Official, Signature Date Jill Sussman, Owner Page 62

Item #4. Genrrnl Rilling & Gencr:d Rcal Estnte Billing .1(: Gcncral Bill RCAI E~tRte Oprn Code 1'r:lIlsfcrrcd Im'oire Rrlll'Estntr In,'oier Wrile Off Rillln\'nirc GiB.t TAx Not 10 Ililling CASE Number Inyoke Dllit Amount Approved Amounl Bill Note UtilitiC!> CAS': TVPE Amounl Poid Trnnsfcrrcrl from C~: Tax Mnp Id ED05-076.08·05-15.00 Scrvlce Addrc~ J.I N New Slreet 2)·2197 32]5 7125/2023 S 100.00 AlII S 100.00 2).21")7 3235 712512013 S 100.00 AlII S 100.00 2)·2197 355·1 1Il117/202J S 400.00 AlII S ·100.00 2)·1197 J55~ 10117/2023 S KOn,OO ,\III S ROO.OO 23-2206 3554 IO/1712U23 S 100,00 Alii S 100.00 13-2206 )5~;1 1011 7/202J S 200.00 1\111 S 200.00 23·220[, JS5~ 1011712023 S 400.()O AlII S ·100,00 13-2206 355;1 1011712023 S KOO.OO All J S Roo.OO n/a 2307976 7/112023 S nJa 1011712023 S S S 2.<J00.O() S S S S S S 2.900.00 Owner Duul:>k J R LLC Tax Mnp Id 1:1)05·076.08-05· J 5.00 Sen'icc ,\ddrrss H N New Sln:.:t GCl1crnl Billing S 2.900.00 Rc,,1 Estate S Utilities S Code Enfurc"\:lI1cnl S Write OIl" i\f1f1l'1wcd S Tolnl Due for Properl)" S 2.900.(lU Page 63

Item #4. r----------------------- , I i I City of Dover Ordinance ! 1 Sec. 1·13a,b I Ordinance: Clean Hands I I Eligibility to receive city utilities or services. I j (a) Eligibility to receive city utilities or services. No person or entity or owner shall be eligible to receive any city services, utilities, permits. licenses. or approvals if that person, entity or Owner owes outstanding payments to the city; or documented violations of the Dover Code of Ordinances that have remained unresolved, or approval is current on some but not all obligations owed to the city, the request shall be denied until the person, entity, or owner is current and in compliance with all city obligations. (a) Obligations which mllst be current. Applicants for city services, utilities, permits, licenses, or approvals shall be current on all of the following obligations to the city, including interest, penalties, court cost, and/or auomey's fees if applicable, prior to receiving such approvals: 1) Property taxes. 2) Applicable Delaware realty transfer taxes. 3) Water, sewer, and electric connection/disconnection, front footage and/or usage charges. 4) Trash fees. 5) Application fees. 6) Permit fees, including building permits, building code and inspection/re- inspection fees. 7) Vacant building fees. 8) Inspection fees. 9) Charges for the costs of razing or demolition of buildings done through public expenditure. 1 0) Charge~ for duly authorized improvements or maintenance to the exteriors of buildings or property done through public expenditure. 11) Assessments for the installation of sewer lines, water mains, sidewalks. and curbing. 12) Charges for the costs of removing weeds, grasses, refuse. rubbish, trash, or other waste material done through public expenditure. 13) Miscellaneous charges. For additional information on this Ordinances contact Planning & Inspections at 302-736-7011 or Customer Service at 302-736-7035 Page 64

Item #4. _to term;nate, d;sconnector deny city,eMm due ,,; outstanding bills. I The city manager, or his designee, shall have the power to terminate, disconnect or deny all services to any person, firm, or corporation to assist in the collection of any outstanding bill owed the city, along with the power and authority to restore or reconnect city services upon payment, in full, of the outstanding bill or bills. In disconnecting or discontinuing services, the city manager shall utilize existing ordinances pertaining to such disconnection and other due process procedures mandated by ordinance or procedures adopted by the city. This method of collecting outstanding debts owed the city shall be In addition to any other methods previously enacted or hereinafter authorized by the council. (Code 1981, Sec. 22-2; Ord. of 3-12- 2oo1) For additional information on City Ordinances contact ~ City Clerk's office at 302-736-7008 or ~ Customer Service at 302-736-7035 '-----------------------------------------,---- Page 65

Item #4. _____ . City of Dover-Payment Agreement Customer 10 (Munis) 680 Billing Name: JILL SUSSMAN ~--------~----~------------~--------~ Location Address SEE DETAIL Billing Address: 330 TROON ROAD flTr,o;ta;i,lrO);· u-;-;;e;-----------Iit~~~n7it DOVER, DE 19904 (302) 399-9129 Purpose of billing - CODE ENFORCEMENT Agreement Type - 12 MONTH AGREEMENT APPROVED BY THE CITY MANGER (Code Enforcement for 330 Troon Road) Repayment Payment Amount Dates Amount Paid 1/15/2024 .'., $ {l;'I~OO ' cO 325.00 $ 2/15/2024 $ 325.00 $ -to b.e..., ( e.)(Y\Lj\)Q.~ 3/15/2024 $ 325.00 $ 4/15/2024 $ 325.00 $ ~ bCJCL\'"\(..e_.. 5/15/2024 $ 325.00 $ co;ll ~ 6/15/2024 $ 325.00 $ fQchlC e.c) +~ 1';;30~'1: 7/15/2024 $ 325.00 $ 8/15/2024 $ 325.00 $ 9/15/2024 $ 325.00 $ f}~"v 10/15/2024 $ 325.00 $ 11/15/2024 $ 325.00 $ ~ 12/15/2024 $ 325.00 $ 111~)1:;J,.3 ,/ I $ Tota~ 0 I Jotal BaJ~ $3 0.00 d~ 7',;,aSOO(O The above charges represent CODE ENFORCEMENT FEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable immediately. Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding bills has been provided. By Signing below you acknowledge that you have read and received this agreement. Jill Sussman Date Witness, Signature Date Jill Sussman Date City Official, Signature Date Page 66

Item #4. City of Dover-Payment Agreement Customer 10 (Munis) 680 Billing Name: JILL SUSSMAN Loca~ion Address SEE DETAIL Billing Address: 330 TROON ROAD Total Que -$ ~,~QQ;OP DOVER, DE 19904 *reduced ~ 11/30/23 (302) 399-9129 Purpose of billing· CODE ENFORCEMENT Agreement Type· 12 MONTH AGREEMENT APPROVED BYTHE CITYMANGER (Code Enforcement for 330 Troon Road) Repayment Payment Amount Dates Amount Paid 1/15/2024 $ 191.67 $ 2/15/2024 $ 191.67 $ 3f15/2024 $ 191.67 $ 4/15/2024 $ 191.67 $ 5/15/2024 $ 191.67 $ 6/15/2024 $ 191.67 $ 7/15/2024 $ 191.67 $ 8/15/2024 $ 191.67 $ 9/15/2024 $ 191.67 $ 10/15/2024 $ 191.67 $ 11/15/2024 $ 191.67 $ 12/15/2024 $ 191.67 $ Total Total Balance $2,300.00 $2,300.00 The above charges represent CODE ENFORCEMENT FEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable immediately. Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding bills has been provided. By signing below you acknowledge that you have read and received this agreement. Jill Sussman Date Witness, Signature Date Jill Sussman Date City Official, Signature Date Page 67

Item #4. City of Dover-Payment Agreement Customer 10 (Munis) 680 Billing Name: JilL SUSSMAN Location Address SEE DETAIL Billing Address: 330 TROON ROAD Total Due $ 3,900.00 DOVER, DE 19904 (302) 399·9129 Purpose of billing - CODEENFORCEMENT Agreement Type - 12 MONTH AGREEMENTAPPROVEDBYTHE CITYMANGER (Code Enforcement for 330 Troon Road) Repayment Payment Amount Dates Amount Paid 1115/2024 $ 325.00 $ - 2/15/2024 $ 325.00 $ · 3/15/2024 $ 325.00 $ - 4/15/2024 $ 325.00 $ - 5/15/2024 $ 325.00 $ - 6/15/2024 $ 325.00 $ - 7/15/2024 " $ 325.00 $ - .: . 8/1512024 \.". , i $ 325.00 $ · 9/1512024 ; $ 325.00 $ · 10/15/2024 " ,. - $ 325.00 $ - 11/15/2024 $ 325.00 $ - 12115/2024 $ 325.00 $ - Total $3,900.00 Total Balance $3.900.00 I The above charges represent CODEENFORCEMENTFEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable immediately. Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding bills has been provided. By signing below you acknowledge that you have read and received this agreement. Jill Sussman Date Witness, Signature Date Jill Sussman Date City Official, Signature Date Page 68

Item #4. (:o"c •• 1 Gc"el'lllBlllinll Billing & Ileul (;rncrdIBIlI Rul Eslnlc Opcn Code Tnln~f.rred .'\: Relll E,lalc E,lnlc In"oiH In"oict Wrile Off lIiIIln"oitt (;111 & Tax :'1:01 In lIi11in~ C\SE CASE "'''1'1-: In"uice i"umbcr J)ale Amounl AflPro"cd Amounl 11111NOle Ulilille~ ,\mounH'uld Trnnsfrrrcd frum CE n·~K H; DCO 3031 ~!2Jf.!()2:; S 1'01>2 S 100.00 n.4K I{, IXO )085 ~121f.!02J S 1'002 S 200.1)0 22-mS WEED 2826 1112112021 S Tmn~fcrn:" 21-2-186 DCO 22M? ')/212022 S 1(1(1.00 1'001 S 100J}!) 21-1-lK6 IX:O :mn ')1212022 S 1'001 S 200.00 S 2(){).00 21-2-186 nco 22M7 1)f2l20n s ·100.00 POIU S ·100.00 21·2-1H6 DCO 22M7 ')1212022 $ lIOII.OO 1'001 $ HOo.oO 21-1·IH6 Deo 22M? I)/1f.!022 S 1.600.00 1'001 $ 1.600.00 11-1-I1I{, nco 22R7 lJi1f.!022 S I.OOO.()I) 1'01)1 S I.OOO.O() 20·;170(, EXI'M S 50.no 11)·1-174 WEED 11046 5!12120 I') S Translerred S 50.00 Case chlll1.!~'Swaiwd 1~IJ.lIlil nlil 2301293 7/111023 S S 1332.31 n/u 10/27/2023 S $ 3.9{)().00 S $ $ S 1.l!82.31 S $ -1.100.00 Owncr Jill Sus.~mlln Tn: :\Ilflld EDOS·067.09·01·18.00 Sen'ict i\ddru5 330 Troon Road ·"Ihmtomcn provides proofof"'bcn Ihe roo ",'U Jllckffi Dp .••.•in rees JllUllhat dale. General Llillin!\ $ 3.9()O.OO RL":IIESHlle T3." S tllililics S Cooc Enfon:cIT1<:nl _$=-- _ ToIlll Oue for l'roprrly==S==3=,9=OO=.0=0= Page 69

Item #4. City of Dover Ordinance Sec. 1·13a,b Ordinance: Clean Hands Eligibility to receive city utilities or services. (a) Eligibility to receive city utilities or services. No person or entity or owner shall be eligible to recei ••.e any city services, utilities, permits, licenses, or approvals if that person, entity or owner owes outstanding payments to the city; or documented violations of the Dover Code of Ordinances that have remained unresolved, or approval is current on some but not all obligations owed to the city, the request shall be denied until the person, entity, or owner is current and in compliance with all city obligations. (a) Obligations which must be cunent. Applicants for city services, utilities, permits, licenses, or approvals shall be current on all of the following obligations to the city, including interest, penalties, court cost; and/or attorney's fees if applicable, prior to receiving such approvals: I) Property taxes. 2) Applicable Delaware realty transfer taxes. 3) Water, sewer, and electric connection/disconnection, front footage andlor usage charges. 4) Trash fees. 5) Application fees. 6) Permit fees, including building permits, building code and inspection/re- inspection fees. 7) Vacant building fees. 8) Inspection fees. 9) Charges for the costs of razing or demolition of buildings done through public expenditure. 10) Charges for duly authorized improvements or maintenance to the exteriors of buildings or property done through public expenditure. 11) Assessments for the installation of sewer lines, water mains, sidewalks, and curbing. 12) Charges for the costs of removing weeds, grasses, refuse, rubbish, trash, or other waste material done through public expenditure. 13) Miscellaneous charges. - for additional information on this Ordinances contact Planning & Inspections at 302-736-70 II or Customer Service: at 302·736-7035 ~----------------_j Page 70

Item #4. Povvertoterminate, disconnect or deny city services due to outstanding bills. --l The city manager, or his designee, shall have the power to terminate, disconnect or deny all services to any person, firm, or corporation to assist in the collection of any outstanding bill owed the city, along with the power and authority to restore or reconnect city services upon payment, in full, of the outstanding bill or bills. In disconnecting or discontinuing services, the city manager shall utilize existing ordinances pertaining to such disconnection and other due process procedures mandated by ordinance or procedures adopted by the city. This method of collecting outstanding debts owed the city shall be in addition to any other methods previously enacted or hereinafter authorized by the council. (Code 1981, Sec. 22-2; Ord. of 3-12- 2001) For additional information on City Ordinances contact • City Clerk's office at 302-736,7008 or Customer Service at 302-736-7035 Page 71

Item #4. City of Dover-Payment Agreement Customer ID (Munis) 12916 Billing Name: DOUBLEJR LlC Location Address SEE DETAIL Billing Address: 330 TROON ROAD Total Due $ 1,500.00 DOVER. DE 19904 (302)399-9129 Purpose of billing - CODEENFORCEMENT Agreement Type - 12 MONTH AGREEMENTAPPROVEDBYTHE CITYMANGER (Code Enforcement for 428 S Govenor's Ave) Repayment Payment Amount Dates Amount Paid 1/15/2024 $ 125.00 $ 2/15/2024 $ 125.00 $ 3/15/2024 \. : '. ';0- S 125.00 $ 4/15/2024 $ 125.00 $ 5/15/2024 $ 125.00 $ 6/15/2024 $ 125.00 $ 7/15/2024 $ 125.00 $ 8/15/2024 $ 125.00 $ 9/15/2024 $ 125.00 $ 10/15/2024 $ 125.00 $ 11/15/2024 ' $ 125.00 $ 12/15/2024 $ 125.00 $ Total $1,500.00 Total Balance $1.500.00: I The above charges represent CODEENFORCEMENTFEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable immediately. Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate. disconnect or deny services due to outstanding bills has been provided. By signing below you acknowledge that you have read and received this agreement. Double J R, LlC Date Witness. Signature Date Jill Sussman, Owner Double J R, llC Date City Official, Signature Date Jill Sussman, Owner Page 72

Page 73 OO'OO~'I S .(}.J~tlo~d ~oJ ~"a IRIO.L )--'S:"" -{.::.OO=-·.::.OO""S:...·.:.." p~.\OJtltlV.UO :>l!J,\\ S IU~W~JJOJU" :>po;) S S~!I!I!ln S ;>11l"~,1 1C.1}1 S RlI!IIlH I'll:>U:>!) :>'\V SJUW;l.\ll!) S lit: ,. 5SJJpPY 3)!,'IJ3S 00'£ ,-[()-60' LLO-~{)(,"I PllIRI\I xUJ. JTI ~ f ;114110(1 J3UAIO 1JI)"(}11['( S S S S S (OO'OOll"l) S oo'oon S s s £wt:taIOI I!fU s HOUliL l'i:~OI fi: UjU OO'()()IJ'I S IIIV ~ullqnofl ~.'OIU.J.J IOO'nOll) (Jo'nO!)'1 s S H()r/~,1L ~fi:[ Oi:,I-Li: OO'()()~ S IIIV UO'OOI' S HOU!>'VL t(tf OU'ool' s IIiV ~ullqno" .,'0111 •..• um·" (ou'oor) s OO'oot s n:0i.:/619 I~ I( omori: 00'001 s liN Sl!un 00'00, S nO'ool s Wli.:/(J/9 1~lr om·" S IIIV (o(),(KJt:') S 00'001: S tWttl'il1 19Lt: (,m'" 00'001' s IIIV V IIU" (00'001') S 00'001' S t:WU8/i: !I(,61: ()()'00i: S 61"-" IIIV 001' ;).\OUI3J (u{rOOi::> UO-OOl: S S (LOWl/l Rl>lii: 61 rl-i:' :>,\Y SJOIU;tM'D S lin nJ~ppv 3JI.'-lJS (lOH-(O'60'LL(hUU,1 PI !lUI" xnJ. Item #4.

Item #4. l PCMleftoterminate, di!:<::onnect or deny dty services due to lJ outstanding bills. '---------- The city manager, or his designee, shall have the power to terminate, disconnect or deny all services to any person, firm, or corporation to assist in the collection of any outstanding bill owed the city, along with the power and authority to restore or reconnect city services upon payment, in full, of the outstanding bill or bills. In disconnecting or discontinuing services, the city manager shall utilize existing ordinances pertaining to such disconnection and other due process procedures mandated by ordinance or procedures adopted by the city. This method of collecting outstanding debts owed the city shall be in addition to any other methods prevIously enacted or hereinafter authorized by the council. (Code 1981, Sec. 22-2; Ord. of 3-12- 2001) For additional informationon City Ordinances contact • . . City Clerk's office at 302-736-7008 Customer Service at 302-736-7035 or ~-------------_J Page 74

Item #4. EXHIBIT B DOCUMENT PROVIDED TO MS. SUSSMAN IN NOVEMBER OF 2023 Page 75

Item #4. CITY OF DOVER PO BOX 475 DOVER, DE 19903 nvolce o ateo 10/17/2023 Customer Number: 12916 Description Quantity Price UOM Original Bill Adjusted Paid Amount Due CODE ENFORCEMENT 1 $2,700.00 EACH $2,700.00 $0.00 $0.00 $2,700.00 34 N NEW ST 3 - ALT LOC 19886 CASE 23-2206 6.5.23 - $100 7.5.23 - $200 8.11 .23 - $400 8.30.23 - $800 CAES 23-2197 34 N NEW ST 1 - ALT LOC 61220 8.11 .23 - $400 8.30.23 - $800 PLEASE NOTE THAT IF NOT PAID, THE CHARGES ON THIS INVOICE MAY BE TRANSFERRED TO THE PROPERTY TAX ACCOUNT PER THE CITY OF DOVER'S MUNICIPAL LIEN PROCESS. Invoice Total: $2,700.00 PLEASE RETURN-BenOM POR-f'ION WItH PAYMENT CITY OF DOVER P&ICODEENFORCEMENT PO BOX 475 Invoice Date I Invoice No. DOVER, DE 19903 10/17/2023 I 3554 302-736-7035 Customer Number 12916 Invoice Total Due $2,700.00 Mail your remittance to: Amount Paid CITY OF DOVER $0.00 PO BOX 15558 12916 WILMINGTON, DE 19886 DOUBLE j R LLC NET DUE 30 DAYS 330 TROON RD DOVER, DE 19904 00000182024800003554300002700003Page 76

Item #4. EXHIBIT C DOCUMENTS PROVIDED TO MS. SUSSMAN AT IN PERSON MEETINGS Page 77

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, ~8FDoVER Item #4. . BOX475 DoVER, DE 19903 '~ InvoIce Oat.: 07/25/2023 Customer Number: 12916 Quantity Prtce UOM Ortglnal Bill Adjusted Paid Amount Due CODE ENFORCEMENT ~ S GOVERNORS AVE B 1 $2.000.00 EACH $2.000.00 SO.OO $0.00 $2.000.00 E 22-1220 5I22!23 - $400 I~ 615123 - $1600 PAYMENT IS DUE WITHIN 30 DAYS OF THE BILL DATE. FOR INFORMATION ABOUT YOUR BILL PLEASE CALL Invoice Total: $2,000.00 (302) 736-7035. PLEASE RETURN BOnOM PORTION WITH PAYMENT CITY OF DOVER P&J CODE ENFORCEMENT Invoice Date T Invoice No. PO BOX 475 DOVER, DE 19903 07/2512023 I 3234 Customer Number 302-736-7035 12916 Invoice Total Due $2,000.00 Mall your remittance to: Amount Paid CITY OF DOVER $0.00 PO BOX 15558 12916 WILMINGTON, DE 19886 NET DUE 30 DAYS DOUBLE J R LLC 330TROON RD DOVER, DE 19904 ......••••••••••••....... -------- 000001820248000032342000020Doooa Page 79 .

Item #4. t::J/cr'~~ ~ ..,,~-. \'.I.IT Penalty yr vyvr.." Faa Inquiry ],],:52:46 ...• a'Se nu Propert·beF" • Tax M Y addr '" .. 22 Do[][)1220 DRS ap Numb ess, IJ) ••• 42~ S GOVERNORS AVE B front l er. E])-[)5~[)?7;D~-D3-23D.DDD-DDD Tena nt nameOcat·· . lan Master 2D12D80D ., number . . Amount Amount Fee De . CODE EscrlPtion Chargs Date Amount Ass&!!'!sed Paid Credited * As of CODE E~~ORCEMENT FINE 4/21/23 JrMi. nr .[]D .DD .DO .OD CODE EN ORCEMENT FINE S/D&/23 4mt. Dtr .DD CODE EN~ORCEM[Nt ~INE 5/22/23 4 CD. DD J:-- .DO .DO .DO ORCEMENT fINE b/DS/23 lbOD. DD~ - Bottom .DD .00 Press Ent Tota 1: 250D. DC F3~Exit er to continue. F~;Yiew Billed f12=Cancel Page 80

Item #4. ·0 BOX 475 , mOVER, DE 19903 InvoIce Date: 06/09/2023 Customer Number: 12916 , --crrpij6,{ ....,~. , '-".~~ ,,_: Quantity Price uoM original Sill Adjusted Paid Amount DUe CODE ENFORCEMENT $500,00 EACH $500.00 SO.OO $0.00 $500.00 1 428 S GOVERNORS AVE B CASE 22-1220 4121/23 - $100 518123 - $400 PAYMENT IS DUE WITHIN 30 DAYS OF THE BILL DATE. FOR INFORMATION ABOUT YOUR BILL PLEASE CALL Invoice Total: $500.00 (302) 736-7035. ! I PLEASE RETURN BOnOM PORTION WITH PAYMENT CITY OF DOVER • P&I CODE ENFORCEMENT PO BOX 475 Invoice Date I Invoice No. DOVER, DE 19903 06/0912023 I 3151 302-736-7035 Customer Number 12916 Invoice Total Due $500.00 Mall your remittance to: Amount Paid CITY OF DOVER $0,00 PO BOX 15558 12916 WILMINGTON, DE 19886 DOUBLE J R LLC NET DUE 30 DAYS 330TROON RD DOVER, DE 19904 Page 81 I

- -,"' .,.'" ' ~•. O%I "".&. •. ;' Jl-' . i£$ilf ':"! ',"ytV ~i~'!' -. Item #4. ~,_.il,,-_. l.0.~.~3:;31. Penalty ~e~ X~quiry 22 00001.220 428 S GOVERNORS AVE B ED-DS-D17.D'-D3-23D.DOO-OOD 20l.20AOO Amount Amount Fee Description Charge A.ount Assessad ~ _ Paid Credited * As of l>ata .00 .00 CODE ENFORCEMENT FINE 4/2]'/2~ ],OCl'[]O~ .00 CODE ENfORCEMENT 40D.Od'=- .00 FINE .5/0!/2!1 .00 .00 CODE ENfORCEM(NT rINE 5/22/23 UDO·On_ BottoUi .00 .00 Total: ~CD.OO Press Enter to continue. F3=Exit f~;Vi~~ Billed F12~CancQI Page 82

Item #4. C~D PO BOX 47' DOVER, DE 19903 Invoice Date: 10/17/2023 Customer Number: 12916 Quantity Pric. UOM OriginalBill Adjusted Paid Amount Due CODE ENFORCEMENT $2,700.00 EACH $2,700.00 SO.OO $0.00 52,700.00 34 N NEW ST 3 - AL T LOC 19886 CASE 23-2206 6.5.23 - $100 7.5.23 - $200 8.11.23 - $400 8.30.23 - $800 CAES 23-2197 34 N NEW ST 1 - ALT LOG 61220 8.11.23 - $400 8.30.23 • $800 PLEASE NOTE THAT IF NOT PAID, THE CHARGES ON THIS INVOICE MAY BE TRANSFERRED TO THE PROPERTY TAX ACCOUNT PER Invoice Total: $2,700.00 THE CITY OF DOVER'S MUNICIPAL LIEN PROCESS. PLEASE RETURN BOTTOM PORTION WITH PAYMENT CITY OF DOVER P&I CODE ENFORCEMENT • PO BOX 475 Invoice Date T Invoice No. DOVER, DE 19903 10/17/2023 I 3554 302-736-7035 Customer Number 12916 Invoice Total Due $2,700.00 Mall your remittance to: Amount Paid CITY OF DOVER $0.00 PO BOX 15558 12916 WILMINGTON, DE 19886 DOUBLE J R LLC NET DUE 30 DAYS 330TROON RD DOVER, DE 19904 Page 83 I 00000182024800003554~nnnn~,""__.

Item #4. ""&::,1:. Pena1ty 'VI MV fee Inquiry ••.•• ' .. .. •.....•. ." ~, 15:32:47 --.be'r rty adar~s~, "I': 23 O[][][]2l.97 ,ap NU.ber . • JI • • • 34 N NElliST ], ro. l . . . . £D-DS-C7~.Da-D5-]'5D.DDD-DDD Tenant nam~cation Master • : , nu_••ber • . . Fee Description Charge Alllount Amount Amount ])ata AssQssad CODE ENFORCEMENT CODE ENFORCEMENT fINE 6/05/23 ,'TC ~ , P!lI!I'" Paid .00 Credited .00 * As of FINE 7/05/23 CODE ENFORCEMENT CODE ENFORCEMENT FINE FINE I!I/ll/23 1!1/3D/23 .~BBrBl!I ~ 40C· CC 8[]0'DO~ ct-- ·CO .00 ·00 .OD .OD .OD " "- Bottom Total: :L4DD.[JO .DO .DD Press Entli!!r' to continue. F3;:;Exit F6=View Billed F12=Cancel Page 84

'-.&.11 VI uvv",,, Item #4. .lJU' ••.•• , 1:...;1 Penalty fee Inquiry 15=32:3& 23 DDC02t!Ob 34 N NElli ST 3 \'l...G\\lp ED-D5-07b.oa-CS-1SC.OOO-COO llbD71.00 E! ])E!scription Charge Alllount Amount Amount DE ENFORCEMENT FINE 1>ate Assessed ~ Paid Credited * As of DE ENFORCEMENT FINE b/D5/23 7/05/23 100.00 )t\ ~ .00 .00 .00 200. DO " .00 DE ENFORCEMENT FINE 8/1.1/23 400.00 .00 .00 DE ENFORCEMENT FINE 8/30/23 &!IDD.OO ·00 .00 Bottom Total: .00 .00 'ess Enter to continue. I~Exit F~-Vie~ Billed / I / / Page 85

Item #4. _ •.•••••.•• _.1.}. _ ~ Customer Number: 12916 Invoice Date: 07/25/2023 so.oo $200.00 CODE ENFORCEMENT $200.00 EACH $200.00 $0.00 34 N NEWST 1 CASE 23-2197 5/5/23 'AYMENT IS DUE WITHIN 30 DAYS OF THE BILL DATE. Invoice Total: $200.00 :OR INFORMATION ABOUT YOUR BILL PLEASE CALL 302) 736-7035. PLEASE RETURN BOTTOM PORTION WITH PAYMENT CITY OF DOVER P&I CODE ENFORCEMENT Invoice Date Invoice No. PO BOX 475 07/25/2023 3235 DOVER, DE 19903 Customer Number 302-736-7035 12916 Invoice Total Due $200.00 Mall your remittance to: Amount Paid CITY OF DOVER $0.00 PO BOX 15558 12916 WILMINGTON, DE 19886 NET DUE 30 DAYS DOUBLE J R LLC 330TROON RD DOVER. DE 19904 Page 86 00000182024800003235900000200006

Item #4. 23 OD.O[]21"7 . . E»-O;-D7b.08-D5-LSO.OOD-(](]O 34 N NElliST 1 Charge Amount Allount Amount ~ee Description Date ASUlsslild Paid Credited * As of .ODE ENfORCEMENT FINE b/05/23 2DtJ.O[] .00 .ElO Botto •• Total: 200.00 .00 ·00 ress Enter to continue. 3=Exit fd=View Billed F12=Cancel Page 87

• Item #4. Invoice Det.: 09/0212022 Customer Number: 680 C~FORCEMENT FINES caUI!'1t!~ i pilCi. UOM OriginalBill Adjusted Paid Amount Due 330 Tf~OON RD $4,100.00 EACH $4,100.00 $0.00 $0.00 $4,100.00 CASE21-2486 8/30121- $100 9123121 - $200 10/11121 - $400 10/27121 - $800 115122 - $1600 1/5122 - $1000 •.. il2CO ?~ iO~r{ -+-~\'S \ hVOI'(_~ Q-l"f;'L3 ~ '?~ ~~cli~ toep ~ recoV\Y\'ec_1--- PAYMENT IS DUE WITHIN 30 DAYS OF THE BILL DATE. =OR INFORMATION ABOUT YOUR BILL PLEASE CALL Invoice Total: 302) 736-7035. PLEASE RETURN BOTTOM PORTION WITH PAYMENT CITY OF DOVER P&ICODEENFORCEMENT PO BOX 475 DOVER, DE 19903 Invoice Date 09/02/2022 ,J Invoice No. 2287 302-736-7035 Customer Number 680 Invoice Total Due $4,~8e.ee .=¥lOO.oC Mail your remittance to: Amount Paid CITY OF DOVER PO BOX 15558 $0.00 680 WILMINGTON, DE 19886 SUSSMAN JILL NET DUE 30 DAYS 330 TROON RD DOVER, DE 19904 Page 88 000001820230000022871000041 ___•.• __•*••..... __ I OOO~

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Item #4. Customer 10 (Munis) 12916 DOUBLE JR LlC Location Address 330 TROON ROAD Total D~, .:~ _. DOVER, DE 19904 (302) 399-9129 Purpose of billing - CODE ENFORCEMENT Agreement Type - 12 MONTH AGREEMENT APPROVED BYTHE CITY MANGER (Code Enforcement for 34 N New Street) Repayment Payment Amount Dates Amount Paid 1/15/2024 $ 241.67 $ 2/1512024 $ 241.67 $ .. ,.,'.:; ":l: ~~: 3/15/2024 $ 241.67 $ 4/1512024 $ 241.67 $ 5/15/2024 $ 241.67 $ 6/1512024 $ 241.67 $ 7/15/2024 $ 241.67 $ 8/15/2024 $ 241.67 $ 9/15/2024 $ 241.67 $ 10/15/2024 $ 241.67 $ 11/15/2024 $ 241.67 $ 12/15/2024 $ 241.67 $ 4/1' :;;~;;t;.4'l7g"';')Y:t11~:1i;:'il~~I~J~;l~[I?O~'l':i!~~,<i~ }...JlIVJ.~f~~"'f:I~:l:;J.; ~~",,-:s-~·'~~ ..:, ..~r"".:.:1~'.~ .:~a:....~ ••... ~:"~ $2,900.00 $2,900.00 The above charges represent CODE ENFORCEMENTFEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable immediately. Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding bills has been provided. By signing below you acknowledge that you have read and received this asreement. Double J R, LLC Date Witness, Signature Date Jill Sussman. OWner Double J R, LlC Date City Official, Signature Date Jill Sussman, OWner Page 91 j.

Item #4. Open Code Transferred General General ReRI EstRte Not to BlI\ing Billing & Billing & General Bill Bill Invoice GIB & Tax from CE Rell Estate Write Off CASE TYPE Amount Paid Transferred Real Estate Invoice Bill Note Utilities Invoice Approved Amount Invoice Date Amount CASE Number ED05-076.08-05- 15.00 S \00.00 Tax Map Id AHI 100.00 34 N New Street S Service Address 100.00 AHI 400.00 7/2512023 $ S 23-2197 3235 100.00 AHI 800.00 7/25/2023 $ S 23-2197 3235 $ 400.00 AHI 100.00 3554 10117/2023 S 23-2197 $ 800.00 AHI 100.00 3554 10/17/2023 S 23-2197 $ 100.00 AHI 400.00 3554 10/17/2023 S 23-2206 $ 200.00 AHI SOO.OO 3554 10/17/2023 S 23-2206 S 400.00 AHI 10/17/2023 23-2206 3554 800.00 10/17/2023 S 23-2206 3554 7/112023 s S S 1 900J)O nla 2307976 S S. 1 1012712023 $ $ nla s Double J R LLC Owner ED05-076.08-05-] 5.00 Tax MapJd 34 N New Street Service Address S 2,900.00 General Billing Real Estate S Utilities S Code Enforcement S Write Off Approved S Total Due for Property S 2,900.00 -------------- ....• Page 92

Item #4. ., City of Dover-Pa ment Agreement Customer 10 (Munis) 12916 Bllllni Name: DOUBLE JR LLC SEE DETAIL Bllllni Addfl!ss: 330TROON ROAD Location Address , ....., ;"'1 .1:,1- ','ilOOfOCr;' ~Lli' DOVER, DE 19904 TbtaUDue .. , . -' (302) 399-9129 Purpose of billing - CODE ENFORCEMENT Agreement Type _ 12 MONTH AGREEMENT APPROVED BY THE CITY MANGER (Code Enforcement for 428 S Govenor's Ave) Repayment Payment Amount Dates Amount Paid 1/1512024 $ 125.00 $ 211512024 $ 125.00 $ 3/1512024 $ 125.00 $ 411512024 $ 125.00 $ 5/1512024 ... ; $ 125.00 $ 1-------~-~-~-~-~-~-:-----..;:·\i~i~~~~~lJ,....:..~---~-~-~-:~-g---l-...; 8/1512024 $ 125.00 $ 9/1512024 $ 125.00 $ 10/1512024 $ 125.00 $ 11/1512024 $ 125.00 $ 1211512024 $ 125.00 $ ;r.*:i:~ll~ljl~;~il~A~·:}~ j~li;~~\~'f~~q~Jif~~i~{~ '~:~.'~: ~~~~; ._' $1,500.00 $1,500.00 The above charges represent CODE ENFORCEMENT FEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable immediately. Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding bills has been provided. By signing below you acknowledge that you have read and received this agreement. Double J R, llC Witness, Signature Date Date Jill Sussman, OWner Double J R, llC City Official, Signature Date Date Jill Sussman, Owner Page 93

Page 94 OO'OO~I S 4RdWd ...,....--...,....-- .1oJ aao J¥JoJ. (OO'OOS'I) S p;)Awddy lJO ~J!.JA\ S lU~~10jU3 ;>PO:J S SJ!I!l!ln s JlI!Isg II1J}J O()"OOf"E S ffu!lI!fI f1?JJuJ!) ;)A Y SJOW;)AO!) S IllP SQ.JppyaJ!tUas OO'fl-fO-60'LLO-S:OG3 PI dflW 1111. J11 ~ [JNnoG .I;JUMO O()"OOE \: $ S S S S lOO'OO8z[~ S OO'OQef S e(U S $ [(;oVUIO! I>l~Or£l T1(U $ fWlIliL 00'009" S lHV IUIIQnop UOW3.1 (00'008) S 00'009'1 S flOl/~'lIL Pflf Olll-U OO'OOt S lHY OO'OOP S flOmllL HZf Olll-l[ OO'OOt S IHY IUllqnop ~"OW3.I (OO'OOZ) S OO'OOP S fWl/6/9 !Hf Olll-ll 00'00 I S lHY 8 Jlun S 00'001 $ fWll6l9 l~[f OZll-U OO'OO-Z: (OO'OOz:) $ OO'OOl S UOliPll1 19L1 6111-U S lHY OO'OOt> V Hun (00'001>) $ 00'001> $ fWlI&ll &66l 6111-ll S lHY OO'OOt IHY 00" ~J\owaJ (OO'ool) $ OO'OOl S flOV8I, 866Z 6111-n: S JA Y SJOW;},\O!) S 8lP ssa.lpPV OJJltUOJS 00Tl-fO-6O'LLO-~Oa3 PI dBW XII~ Item #4.

Item #4. City of Dover-Payment Agreement ustomer 10(Munis) 680 BIlling Name: JILL SUSSMAN ~~~~~~~~--------------~~~~~~ ocation Address SEE DETAIL Bllllni Address: 330 TROON ROAD ~~~~~~~------~~--~~~ >.·;·:~~):1rt.;..'~::;.' )t;JtJP_u~~~.:·:~ ,f.r'i',;~;,.~:{", DOVER, DE 19904 (302) 399-9129 Irpose of billing - CODE ENFORCEMENT :reement Type - 12 MONTH AGREEMENTAPPROVED BY THE CITY MANGER (Code Enforcement for 330 Troon Road) Repayment Payment Amount Dates Amount Paid it'I~()(? ,CO 1/1512024 ,.~t j' 325.00 $ 2/1512024 . :::~~:" :,-g:. 325.00 $ --k> ~ fe;rt\D~ 3/1512024 325.00 $ 4/15/2024 ;;~ ".~ . 325.00 $ -rhi__ 'bcJtvr\C.e_, 5/15/2024 325.00 $ ~t1~ 6/15/2024 325.00 $ 7/1512024 325.00 $ rQ_ciuL~ +<=> 8/15/2024 325.00 $ "$d30D. dJ 9/15/2024 325.00 $ 10/15/2024 325.00 $ 11/15/2024 325.00 $ 12115/2024 325.00 $ ':::J300 Ie above charges represent CODE ENFORCEMENT FEES; failure to maintain this agreement may result in disconnection of ility services. If disconnected the total amount plus a service charge will be payable immediately. ote that future billed charges for all services must be paid in accordance to their respective due dates and are not subject , this payment agreement. copy ofthe City of Dover's Oean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding ills has been provided . •y signing below you acknowledge that you have read and received this agreement. liII Sussman Date Witness, Signature Date Jill Sussman Date City Official] Signature Date Page 95

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Item #5. COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on January 09, 2024, at 6:00 p.m. with Council President Hare presiding. Members of Council present were Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler. Mr. Anderson was absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Iriowen, and Mr. Pugh (Utility), Mr. Shevock (via WebEx), and Ms. Smith (in at 6:32 p.m. via WebEx) (Legislative, Finance, and Administration). ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Evaluation of Proposals – Downtown Dover Upgrades Engineering Design (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water and Wastewater Director reviewed the background and analysis of the Downtown Dover Upgrades Engineering Design. Staff recommended awarding the contract to KCI Technologies for the engineering design of the Downtown Dover Upgrades Engineering Design, RFP# 24-0010WW, for $233,027. Mr. Neil moved to recommend acceptance of the staff recommendation. The motion was seconded by Ms. Arndt and unanimously carried. Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 6:05 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Council President Hare presiding in the absence of a chair. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried. Page 97

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 09, 2024 PAGE 2 Item #5. Change Order – Mirror Lake Drainage Basin Improvements (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water and Wastewater Director reviewed the background and analysis of the Mirror Lake Drainage Basin Improvements. Staff recommended approving the change order request from Gateway Construction, Inc. in the amount of $154,559 in accordance with the City of Dover Purchasing Policy & Procedures. The design engineer of the project will split the cost of the change order with the city. Responding to Ms. Arndt, Mr. Lyon stated that when a design firm starts a project, they request the plans and prints from utilities to find the pipe locations. Mr. Lyon explained that the scope of the information provided to them was short of what they requested, thereby not showing the location of the pipe. Mr. Lyon also stated that the reason that the design firm is paying for half is because they should have done more research but again, the city could have provided that information. Responding to Ms. Arndt, Mr. Lyon stated that the GIS information is not provided to the public, and the prints are provided through Miss Utility. Mr. Lyon explained that the design engineer would place the request with Miss Utility, which then gets filtered through the call center to the city and then the information is provided to the requestor. Mr. Neil moved to recommend approval of the staff recommendation for the project. The motion was seconded by Mr. Rocha and unanimously carried. Update on potential revisions to the Zoning Ordinance for C-2 (Central Commercial Zone) per the Transforming Downtown Dover: Capital City 2023 Plan (Dawn Melson-Williams, Principal Planner) Ms. Dawn Melson-Williams, Principal Planner, reviewed the background and analysis of the potential revisions to the Zoning Ordinance for the C-2 (Central Commercial Zone). Proposed Ordinance #2024-01 – Amending Appendix B - Zoning, Article 3 - District Regulations, Section 13 - Central Commercial Zone (C-2), Article 4 - Zoning and Bulk Parking Regulations, Section 4.14 - [C-1, C-1A, C-2, C-2A zones], Article 5 - Supplementary Regulations, Section 6 - Dumpsters for trash and recycling, Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 3 - Required Off-Street Parking Spaces, Article 12 - Definitions. Responding to Mr. Rocha, Ms. Melson-Williams stated that the proposed ordinance would be adding uses to the C-2 zone such as manufacturing. Ms. Melson-Williams explained that manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking, and other processing of products is the standard language for describing manufacturing throughout the code. Ms. Melson-Williams stated that there is a size limit on the establishment as a smaller-scale operation would be appropriate for the downtown setting. Ms. Melson-Williams explained that some examples would be a bakery, crafter, woodworker, or glass blower, something that is not a full production line like Kraft Heinz. Ms. Melson-Williams also explained that manufacturing is a broad term with conditional use and specialized conditions and moves small-scale operations into permitted use. Page 98

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 09, 2024 PAGE 3 Item #5. Responding to Mr. Rocha, Ms. Melson-Williams stated that the potential state legislation and forthcoming regulations on cannabis will provide specific definitions tied to the cultivation, processing, and sale of those items. Ms. Melson-Williams explained that the concern with cannabis sales will need to be addressed specifically in the code but that is not what is intended with the ordinance amendment. Responding to Mr. Lewis, Ms. Melson-Williams stated that the public was involved in a series of opportunities in October. Ms. Melson-Williams explained that two stakeholder meetings were held with a targeted audience of local realtors, developers, and those with downtown Dover business interests. Ms. Melson-Williams stated that a public walk-in workshop was also held for a couple of hours where folks walked in and learned about the C-2 zoning and gave initial feedback on what staff had developed as potential revision ideas. Ms. Melson-Williams explained that the draft ordinance had not had a formal public hearing because that would be part of the review process moving forward. Responding to Mr. Lewis, Ms. Melson-Williams stated that the draft changes are not specific to any individual property, and they would apply to anything zoned C-2. Ms. Melson-Williams explained that the regulations for the proposed changes do not require public notice, but should the ordinance move forward through the review process, there are notice requirements and publication requirements for the upcoming hearings. Responding to Mr. Neil, Ms. Melson-Williams stated that the way the current code reads there are a specific number of dumpsters required based on floor area or unit count. Ms. Melson-Williams explained that many times during development planning the developers are doing the calculations for their project and realize they do not need so many dumpsters. The developers will then build two dumpsters, and reserve space for future needs. Ms. Melson-Williams stated that provision is still in the code, and they can build as many as they think they will need but the reservation requirement is still there and it gives the planner the authority to say that they received trash complaints, go ahead, and build another dumpster on the site. Ms. Melson-Williams stated that what is proposed is to make it clearer for the residential side of apartments and multi-family type units where there is a centralized trash and recycling dumpster area, and for the non-residential units where there is a requirement for two per property for recycling, and solid waste collection. Ms. Melson-Williams explained that the dumpster containers are not necessarily the containers the city collects, they are usually the commercial containers collected by a commercial hauler. Ms. Melson-Williams stated that there is flexibility within the recommended amendments for centralized collection methods. Responding to Mr. Sudler, Ms. Melson-Williams stated that there are no negative effects because the proposed text amendments offer a greater variety of potential uses. So, for business owners who have been looking for tenants, the amendments give them more options for tenants. Ms. Melson-Williams explained that if the business owners are looking towards redeveloping their site, the amendments give them greater flexibility for more creative designs in a potential project. For those happy with the business or the tenants that they have now, the amendments will allow them to have vacant buildings or tenant spaces around them redeveloped into something that brings in more foot traffic, which is needed for all downtown businesses. Page 99

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 09, 2024 PAGE 4 Item #5. Responding to Mr. Sudler, Ms. Melson-Williams stated that the proposed ordinance does not address the road infrastructure system however, some of the approved items are related to the downtown planning for infrastructure and will start to address what is under the road. Ms. Melson- Williams explained that the truck route ordinance that was adopted last year focuses on trucks moving throughout the city, but it does not prohibit local deliveries. Ms. Melson-Williams stated that the businesses downtown will likely make their delivery drivers aware of the road system so it is likely that there will be smaller box trucks finding their way downtown or traveling during off-peak travel hours. Responding to Mr. Sudler, Ms. Melson-Williams stated that the stakeholder meetings included invitations to the Central Delaware Chamber of Commerce, key developers that have either worked downtown or have potential projects for downtown, as well as groups like the Downtown Dover Partnership. Ms. Melson-Williams explained that the information had been posted on the city website, so the information was open to the public. Responding to Mr. Sudler, Ms. Melson-Williams stated that there was at least one group that would classify as a minority, and they are interested in a potential project. Ms. Melson-Williams also stated that there are some in the group that the partnership collectively speaks for as well. Mr. Todd Stonesifer, 15 North State Street, Dover, President of the Downtown Dover Partnership Board of Directors, thanked the city council, committee members, and all the different city departments that have put so much work into the Transforming Downtown Dover 2030 plan. Mr. Stonesifer explained that the goal is to bring pedestrian traffic back downtown and give the people who live there a walkable community. Mr. Stonesifer stated that in order to do that they recommend the additional height restrictions and the ability to be creative with parking so that there can be a centralized parking solution. Mr. Stonesifer stated that the first main project will be at 20 South Governors Avenue and there are potential designs on the Downtown Dover Partnership’s website, which depicts commercial development on the ground floor and five additional floors of residential units. Mr. John Childress, Vice President of Projects, Mosaic Development Partners, thanked the council, Downtown Dover Partnership, and city departments for all their help. Mr. Childress explained that the changes to the structured parking are to make it easier for the developers and folks coming into downtown Dover. Mr. Childress explained that the next key point would be the step-backs. Mr. Childress stated that the goal is to have a nice community that does not create tunnel vision of straight walls going up and there must be consideration of the development because the goal is to bring more developers downtown. Mr. Childress stated that typically wood construction would be used in buildings up to six floors. Mr. Childress explained that they have come up with a proposal to do a step back of two or three feet for six floors and anything six and above move it back to five feet. Mr. Childress explained that this recommendation means that once the building is over six floors it would become concrete or steel construction, which allows for easier step-backs. Mr. Childress continued to explain that the beauty of downtown Dover is that there are incredible anchors in the master plan including the Dover Air Force Base, Bayhealth, Delaware State University, and the state government all within a central location. Mr. Childress stated that if the step-backs go too far back then the plan would lose about one-fourth of the apartments which could hurt financial growth. Mr. Childress explained that the goal is to be able to build quality housing Page 100

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 09, 2024 PAGE 5 Item #5. that honors the city and the architecture but still encourages developers to go downtown and build (Attachment #1). Responding to Mr. Rocha, Ms. Melson-Williams stated that the step-backs are not currently part of the code, other than the idea of stepping back on upper floors which is one of the design standards for the City of Dover Historic District Zone. Ms. Melson-Williams explained that it was mentioned that on the upper floors, they would do a step back of 10 feet and then an additional 10 feet with each floor over six stories when looking at taking the C-2 zone from a maximum of six stories to a maximum of 10 stories. Ms. Melson-Williams explained that if someone is looking to build a six-story building, four floors could be on the sidewalk, but then floors five and six would have to be stepped back 10 feet. If the building was taller than six stories, the upper floors would have to go back another 10 feet. Ms. Melson-Williams explained that after doing research they tried to come up with something simple in concept that would be respectful of the design standards for the historic district. Responding to Mr. Rocha, Ms. Melson-Williams stated that the design standards do not give a dimension, they only talk about the concept of stepping back the upper floors. Ms. Melson- Williams explained that the text amendment says that it does not have to start on the fourth floor, it could start lower, and it does not have to be the entire width. Ms. Melson-Williams explained that the idea is that visually it will look like the building is shorter than what it is from a pedestrian standpoint at the street level. Responding to Mr. Rocha, Mr. Childress stated that it is not impossible to do with the proposed step-backs but that ideally there would be a shorter step-back on the lower floors because there is only so much width on the block, so as the design is pushed back the front row gets reduced. This would cause a loss of 20 to 25% of apartments on the side with the step-back and cause challenges in the construction of the walls, which would then need to have additional structural support. Mr. Sudler suggested that documentation from an engineer expressing whether the proposed step- back changes would be structurally sound and safe. Ms. Arndt asked if the Mosaic team could provide their comments in writing and provide the resources and justification for what they have proposed. Ms. Arndt also asked that Ms. Melson- Williams review that information and if it meets the city design standards, consider making the changes to the step-backs. Responding to Mr. Lewis, Mayor Christiansen stated that any fire that is above four stories is fought with a standpipe system. Mayor Christiansen also stated that the Fire Marshal’s office is run by a past Chief of the City of Dover Fire Department, who would ensure that all the step-backs would meet the NFPA standards before the buildings are even considered. A written public comment was provided in support of the potential revisions of the C-2 (Central Commercial Zone) by Donny Legans, Rail Haus owner/operator (Attachment #2). Mr. Neil moved to recommend acceptance of staff recommendations to move forward with the provision that staff look at the step-back and a determination will be made regarding the Page 101

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 09, 2024 PAGE 6 Item #5. step-back going forward in the final documents. The motion was seconded by Mr. Sudler and unanimously carried. Mr. Hare moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 6:56 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 6:56 p.m. William F. Hare Council President Attachments Attachment #1 - Downtown Dover Partnership Board of Directors, Letter of Support Attachment #2 - Donny Legans, Rail Haus Owner, Letter of Support Page 102

ATTACHMENT #1 Council Committee of the Whole Meeting of 01/09/2024 Item #5. Downtown Dover Partnership Main Street Dover 101 W. Loockerman Street, Ste 2B Dover, DE 19904 (302)678-2940 January 8, 2024 Ms. Andria Bennett Dover City Clerk 15 Loockerman Plaza Dover, DE 19903 We wish to provide comment on behalf of the Downtown Dover Partnership (DDP) board of directors regarding the Potential Revisions to C-2 Zone to be heard on January 9, 2024 at the CCOW-LFA. We commend the thorough process of the staff of the City of Dover Planning Department to respond to the recommendation in the Capital City 2030: Transforming Downtown Dover! master plan to revisit current c-2 zoning and design standards in an effort to encourage development in downtown Dover. Their approach was responsive and proactive, as well, in researching other municipalities in the nation. Specifically, we support the majority of the proposed changes, including that of “No parking requirements for existing buildings in C-2 zone” and “No minimum parking requirements for new construction in C-2 zone.” We believe these are appropriate and follow nationwide trends. We propose change to the following: Proposed change: DDP requested change: If not requested change proposed (left): Step back of ten (10) feet Step back of six (6) feet at fourth At most: A step-back not to at/above four (4) floors floor. exceed eight (8) feet on any level, with no more than two step- backs required on a facade. Thank you for your thoughtful consideration of the request. CC: DDP Board of Directors Dawn Melson, Principle Planner Page 103

ATTACHMENT #2 Council Committee of the Whole Meeting of 01/09/2024 Item #5. From: Donny Legans To: City Clerks Office Subject: EXTERNAL: Public Comment on C2 zoning changes Date: Tuesday, January 9, 2024 8:24:45 AM Some people who received this message don't often get email from donny@railhaus.com. Learn why this is important WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Dover, I wish to add my comments to C2 changes. I agree completely with the proposed changes to minimum parking requirements. As the owner/operator of Rail Haus we support off street parking of course but the requirement for certain amount was a tedious and expensive process on property owners. One related suggestion if I can add: Can we revisit the once-a-year process for Land Use change? I own an Industrial property in Downtown Dover. That land use has fallen out of favor compared to Mixed Use land use for good reason. An owner has many options once a property is slated for Mixed Use. It doesn’t skip any of the needed steps (DAC, public meetings, pre construction agency approvals) but it does kick start the process for when a developer can start the design process. AS it stands today, Major Land Use change can only be submitted on Dec 15th, so the rest of the year an owner is just sitting on a property in an outdated Land Use until the first hearing in January after submission. Sorry for being off topic but before we can get to C2 zoning (Downtown Redevopment Target area), the Land Use must match the rest of Downtown properties and the recommendations from the city that Mixed Use is the way forward for Downtown Dover. Right now my property can only be zoned for light manufacturing, aviation, and C3 until we change Land Use to Mixed Use. Background detail: Determination by the City Planner Your Request for Rezoning and Land Development Plan Map Amendment will fall under one of the two categories listed below. Refer to the 2019 Comprehensive Plan for more details on the Comprehensive Plan Amendment process (Chapter 15, pages 15-10 through 15-12). Minor Variation - To qualify, the following three conditions must be met: a. The rezoning is of a unique circumstance and cannot set precedent for other lands in the vicinity of the rezoning; and, b. The relative size of the rezoning or the variation from the land use recommended by the Comprehensive Plan is so minor that it would have no impact on the goals and objectives of the Comprehensive Plan; and, c. The proposed zoning is adjacent to or in the immediate vicinity of other similarly zoned lands and would not alter the pattern of development in the area. Page 104

Item #5. Comprehensive Plan Amendment Request – If Request does not meet the conditions of a Minor Variation then it will require submission to the Office of State Planning Coordination’s Preliminary Land Use Services (PLUS) review process. Comprehensive Plan Amendment Requests will be processed annually. Applications for amendments to the Comprehensive Plan must be received by the City Planning Office by December 15th. The City will compile any Requests received into one submission to the Office of State Planning Coordination, regardless of Planning Staff concurrence with the Request. The City will submit Comprehensive Plan Amendment Requests for consideration through the PLUS process in January of each year. Donny Legans Co-Owner Rail Haus Beer Garden 719.440.2870 donny@railhaus.com Page 105

Item #9. CITY OF DOVER FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 QUARTERLY REVENUE REPORT As of December 31, 2023 FY24 FY24 50% ORIGINAL REVISED YTD % BUDGET FY23 Unaudited FY22 Audited GENERAL FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Property Taxes $ 15,515,100 $ 15,515,100 $ 15,638,700 100.8% $ 15,546,900 $ 14,709,100 2 Payment In Lieu of Taxes 541,000 541,000 543,800 100.5% 540,700 532,000 3 Transfer from Electric Fund 8,000,000 8,000,000 4,000,000 50.0% 8,000,000 11,000,000 4 Intrafund Service Receipts Electric 4,244,000 4,244,000 1,513,500 35.7% 3,702,300 3,686,300 5 Transfer from Transfer Tax Fund 2,000,000 2,000,000 1,041,100 52.1% 2,334,900 3,902,200 6 Business Licenses 1,400,000 1,400,000 1,447,100 103.4% 1,452,200 1,400,900 7 Intrafund Service Receipts Water 1,158,100 1,158,100 413,000 35.7% 1,010,300 1,029,900 8 Intrafund Service Receipts Wastewater 834,300 834,300 297,500 35.7% 727,800 704,700 9 Sanitation Fees 3,842,400 3,842,400 1,981,200 51.6% 3,652,800 3,371,700 10 Permits & Other Licenses 1,702,000 1,702,000 1,538,700 90.4% 2,407,000 1,641,900 11 Transfer from Municipal Street Aid Fund 750,000 750,000 393,100 52.4% 796,800 792,300 12 Fines & Police Revenue 521,600 521,600 141,700 27.2% 630,200 508,100 13 Police Extra Duty Fees 240,000 240,000 204,900 85.4% 470,600 412,000 14 Transfer from Police Grant Funds 165,000 165,000 45,200 27.4% 71,200 312,500 15 Transfer from Police Fed Grant Funds - - - 0.0% 43,800 127,400 16 Court of Chancery Fees 3,500,000 3,500,000 1,688,200 48.2% 2,021,300 2,095,800 17 Transfer from Water/Wastewater Fund 1,000,000 1,000,000 500,000 50.0% 2,000,000 1,000,000 ERLSP has not been received for 1st and 2nd 18 Transfer from Civil Traffic Penalties Fund 150,000 150,000 - 0.0% Qtr 54,500 198,600 19 Library Revenues & County Reciprocal Pymt 122,200 122,200 62,300 51.0% 579,300 260,600 20 Franchise Fees 610,000 610,000 134,100 22.0% 424,000 605,300 21 General Fund Grant Receipts 718,500 718,500 398,200 55.4% 468,600 802,800 22 Recreation Revenue 126,500 126,500 79,400 62.8% 148,200 128,600 23 Other Miscellaneous Receipts 3,256,000 3,411,000 1,806,600 53.0% Garrison Oak Lots 2 , 11, 10 $1.5MM 313,900 373,300 24 Interest Income 200,000 200,000 42,700 21.4% 269,700 94,600 TOTALS $ 50,596,700 $ 50,751,700 $ 33,911,000 66.8% $ 47,667,000 $ 49,690,600 Final Budget $ 47,667,000 $ 49,690,600 Page 106

Item #9. CITY OF DOVER FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 QUARTERLY REVENUE REPORT As of December 31, 2023 FY24 FY24 50.0% ORIGINAL REVISED YTD % BUDGET FY23 Unaudited FY22 Audited WATER FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Water Fees $ 6,550,000 $ 6,550,000 $ 3,543,600 54.1% $ 6,711,400 $ 6,144,800 2 Water Impact Fees 225,000 225,000 126,700 56.3% 393,300 176,700 3 Water Tank Space Leasing 435,500 435,500 435,600 100.0% Billed at beginning of FY 399,800 502,800 4 Interest Income 50,000 50,000 160,000 320.0% 170,300 16,200 5 Other Miscellaneous Revenues 25,200 25,200 19,400 77.0% Penalties $5.0K; Water Meters $14.3K 70,600 105,600 TOTALS $ 7,285,700 $ 7,285,700 $ 4,285,300 58.8% $ 7,745,400 $ 6,946,100 Final Budget $ 7,745,400 $ 6,946,100 FY24 FY24 50.0% ORIGINAL REVISED YTD % BUDGET FY23 Unaudited FY22 Audited WASTEWATER FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Wastewater Fees $ 4,600,000 $ 4,600,000 $ 2,433,000 52.9% 4,590,000 4,349,200 2 Wastewater Adjustment Fees - County Trtmt 3,526,000 3,526,000 1,769,600 50.2% 3,029,800 3,022,600 3 Groundwater Inflow Adjustment 2,200,000 2,200,000 1,145,600 52.1% 2,135,600 2,013,800 4 Wastewater Impact Fees 225,000 225,000 116,600 51.8% 357,700 177,000 5 Interest Income 50,000 50,000 171,400 342.8% 160,500 11,200 6 Other Miscellaneous Revenues 200 200 8,400 4200.0% Penalties $8.3K 37,000 17,700 TOTALS $ 10,601,200 $ 10,601,200 $ 5,644,600 53.2% $ 10,310,600 $ 9,591,500 Final Budget $ 10,310,600 $ 9,591,500 FY24 FY24 50.0% ORIGINAL REVISED YTD % BUDGET FY23 Unaudited FY22 Audited ELECTRIC REVENUE FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Sales to Customers $ 91,107,000 $ 91,107,000 $ 44,156,400 48.5% $ 75,400,700 $ 77,465,400 2 Purchase Power Adjustment - - - 0.0% 16,465,600 (5,060,700) 3 Utility Tax 1,636,400 1,636,400 709,500 43.4% 1,516,700 1,151,100 4 Rate Stabilization Reserve 900,000 900,000 - 0.0% 10,000,000 2,800,000 Penalties and Rent $.1MM; Delay Contrt Damages 5 Miscellaneous Revenue 849,000 849,000 1,580,500 186.2% $1.2MM; Misc $.2MM 429,600 815,700 6 Interest Income 550,000 550,000 1,095,800 199.2% 1,022,000 144,000 TOTALS $ 95,042,400 $ 95,042,400 $ 47,542,200 50.0% $ 104,834,600 $ 77,315,500 Final Budget $ 104,834,600 $ 77,315,500 Page 107

Item #10. City of Dover Capital Investment Plan and Project Status Report As of December 31, 2023 2nd Quarter FY24 Points to Remember * Includes Project Carry-Forward Budget Amendment Ordinance # 2023-09 (approved by Council on 10/9/23). * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Actual Expenditure/Expense totals are subject to change, due to delays to the month-end closing process. * Water Quality, Inflow/Infiltration, Distribution Upgrades, and New Development projects are budgeted as a blanket project, and once individual projects are identified and estimated, they are created using an allocation of the overall budgeted amount. Community Police Grants Police Grants Total Current Year Budget Funding Sources General Transportation Federal State ARPA Water Wastewater Electric CIP Budget Balance $ 5,860,000 $ - $ - $ - $ 5,110,900 $ 2,830,500 $ 1,826,700 $ 12,417,300 $ 28,045,400 General Billings for Reimbursement of Expense 200,000 200,000 Federal Grants 752,000 5,000,000 5,752,000 State Grants 2,511,000 716,700 405,000 2,072,000 5,704,700 Other (Loan) 1,731,000 1,731,000 Transfer from Water/WW Impact Fee Reserve 75,100 306,000 381,100 Transfer from Water/Wastewater Oper. Fund 1,536,700 2,270,900 3,807,600 Transfer from General Fund 2,920,100 2,920,100 Transfer from Lodging Tax 450,000 450,000 Transfer from Depreciation Reserve 8,442,900 8,442,900 Transfer from Parkland Reserve 1,077,300 1,077,300 Transfer from Future Capacity Reserves 2,000,000 2,000,000 Interest Income 50,000 25,000 75,000 Total Funding Sources $ 14,549,400 $ 716,700 $ 752,000 $ 405,000 $ 5,110,900 $ 6,564,300 $ 4,428,600 $ 28,060,200 $ 60,587,100 Page 108 1 of 12 2ND QTR FY24 CIP-PROJECT STATUS REPORT.xlsx

PROJECT STATUS REPORT - GENERAL FUND Item #10. 2nd Quarter FY24 - as of December 31, 2023 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status Fire Department FR1800 Annual Contribution for Engine 5 $ 777,000 $ 777,000 $ 265,378 $ 77,700 $ 77,700 $ 38,836 $ 38,864 Paying monthly FR2000 Annual Contribution for Squad #1 (Rescue) 956,000 834,000 166,694 83,400 83,400 41,673 41,727 Paying monthly FR2200 Annual Contribution for Engine 1 770,000 852,200 61,581 123,200 123,200 61,581 61,619 Paying monthly CT2256 New Brush Truck 110,500 110,500 42,340 - - 42,340 (42,340) Received; processing payment FR2400 Ladder #2 1,623,600 1,623,600 - 135,300 135,300 - 135,300 Build in progress Total Fire Department $ 4,237,100 $ 4,197,300 $ 535,993 $ 419,600 $ 419,600 $ 184,430 $ 235,170 Code Enforcement Awaiting delivery of Veh #11. Veh. #17 must be --- Misc Automobiles $ 34,600 $ 63,600 $ 42,369 $ 21,231 reprogrammed. Total Code Enforcement $ 34,600 $ 63,600 $ 42,369 $ 21,231 Inspections --- Misc Automobiles $ - $ 30,100 $ 30,068 $ 32 Veh #19 Received Total Inspections $ - $ 30,100 $ 30,068 $ 32 Police Replacing 16 vehicles; submitted budget adjustment --- Misc Automobiles $ 876,300 $ 930,600 $ 156,185 $ 774,415 for increase in costs Budget adjustment submitted to move excess funds PD2301 Police Officer Body Worn Cameras & Tasers $ 876,400 $ 903,000 $ 352,657 229,500 309,200 229,476 79,724 to other projects and vehicle purchases PD2302 Axon In-car Cameras 368,000 368,600 - 36,700 36,700 - 36,700 Pending placement of vehicle order $36,412.00 encumbered, budget adjustment PD2401 Police Station Exterior Building Maintenance 36,100 36,100 - 36,100 36,100 - 36,100 submitted for cost increase $8,300.00 encumbered, budget adjustment submitted PD2402 Police Station Roof Repair 7,900 7,900 - 7,900 7,900 - 7,900 for cost increase Total Police $ 1,288,400 $ 1,315,600 $ 352,657 $ 1,186,500 $ 1,320,500 $ 385,661 $ 934,839 Public Works - Administration --- Misc Automobiles $ 30,000 $ 30,000 $ - $ 30,000 Vehicle ordered Total Admin $ 30,000 $ 30,000 $ - $ 30,000 Streets --- Trucks 762,200 762,200 - 762,200 Veh #322 ordered --- Misc. Equipment 90,100 90,100 67,754 22,346 Veh #304, #306, & #382 received, #392 on order ST2003 Meeting House Branch Improvement $ 1,115,600 $ 1,115,600 $ 356,954 - 364,900 89,481 275,419 Design approximately 80% complete ST2007 Operations Yard Relocation and Impr. 445,000 445,000 183,121 - 106,200 67,815 38,385 Complete ST2101 FY21 Street, Concrete, and Alley Program 936,000 936,000 700,231 - 808,700 - 808,700 To be bid out in early January ST2201 FY22 Street, Concrete, and Alley Program 1,168,000 1,168,000 - - 350,000 - 350,000 Project contingent on the results of ST2101 ST2302 Buckson St/Carvel Dr/Ross St Repairs - 1,185,000 - - 1,185,000 - 1,185,000 Project to begin on January 2, 2024 Total Streets $ 3,664,600 $ 4,849,600 $ 1,240,307 $ 852,300 $ 3,667,100 $ 225,050 $ 3,442,050 Sanitation --- Trucks $ 707,800 $ 1,464,400 $ 32,313 $ 1,432,087 Veh #440 received, #443 & #449 ordered Total Sanitation $ 707,800 $ 1,464,400 $ 32,313 $ 1,432,087 Grounds --- Trucks $ 113,000 $ 147,800 $ 142,590 $ 5,210 Veh #558 & #577; C/F #557 --- Misc. Equipment 101,500 101,500 93,570 7,930 Toro Mower; Stump grinder Total Grounds $ 214,500 $ 249,300 $ 236,160 $ 13,140 Stormwater --- Misc Equipment $ 294,000 $ 294,000 $ - $ 294,000 Other (loan) Veh #363 Ordered SW2204 East Lake Garden Basin Improvements $ 580,000 $ 500,000 $ 44,500 - 500,000 - 500,000 Project Reprogrammed to FY27 SW2206 MS4 Inventory/Inspection & Green Technology 43,600 100,000 43,519 100,000 100,000 - 100,000 No money spent yet in FY24 Design complete, awaiting easement sign off from SW2303 Persimmon Park Place Drainage Basin Impr. 1,200,000 1,200,000 646 - 1,200,000 - 1,200,000 property owners Page 109 101 2 of 12 2ND QTR FY24 CIP-PROJECT STATUS REPORT.xlsx

PROJECT STATUS REPORT - GENERAL FUND Item #10. 2nd Quarter FY24 - as of December 31, 2023 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status SW2305 Mirror Lake Drainage Basin Improvements 350,000 553,100 123,320 - 553,100 120,600 432,500 Project started in early September, 15% complete SW2401 Misc. Emergency Storm Sewer Repair 88,000 88,000 - 88,000 88,000 - 88,000 No money spent yet in FY24 SW2402 Silver Lake Dam Repairs 300,000 80,000 - 80,000 80,000 - 80,000 Awaiting bids on project in January Design contract approved by CCW, kick off meeting SW2407 Water Street Flooding Improvements 882,500 110,000 - 110,000 110,000 - 110,000 in mid January. SW2408 UG Stormwater Strg-Governors Ave 425,000 425,000 - 425,000 425,000 - 425,000 Awaiting State to invoice the City for this work SW2409 Downtown Upgrades 418,000 38,000 - 38,000 38,000 - 38,000 Presenting design contract to CCW in January Total Stormwater $ 4,287,100 $ 3,094,100 $ 211,985 $ 1,135,000 $ 3,388,100 $ 120,600 $ 3,267,500 Facilities Management FC2303 City Hall Window Replacement $ 50,000 $ 79,300 $ 81,930 $ - $ 79,300 $ 61,260 $ 18,040 Complete FC2402 City Hall Exterior Paint 80,000 80,000 14,989 80,000 80,000 14,989 65,011 Complete Total Facilities Management $ 130,000 $ 159,300 $ 96,919 $ 80,000 $ 159,300 $ 76,249 $ 83,051 Public Works - Engineering --- Trucks $ 48,300 $ 48,300 $ 41,322 $ 6,978 Veh #005 received Total Engineering $ 48,300 $ 48,300 $ 41,322 $ 6,978 Library LB2301 Replace Heat Pumps $ 116,000 $ 87,300 $ 86,048 $ - $ 87,300 $ 57,365 $ 29,935 Complete Total Library $ 116,000 $ 87,300 $ 86,048 $ - $ 87,300 $ 57,365 $ 29,935 Parks & Recreation --- Misc Automobiles $ - $ 77,300 $ 77,252 $ 48 Veh #593 received --- Misc Equipment - Ball Field Grooming Machine 35,000 35,000 34,139 861 Received PR2300 Dover Park Building Improvement 800,000 1,473,500 599,615 1,473,500 473,154 1,000,346 40% complete PR2301 Dover Park Splash Pad 200,000 500,000 201,150 500,000 200,000 300,000 Contracted; 10% complete PR2304 Schutte Park Dog Park 75,000 14,800 73,058 14,800 12,894 1,906 Complete PR2401 Dover Park ADA Accessible Playground 310,000 800,000 - 800,000 800,000 - 800,000 Taking delivery of equipment Total Parks & Recreation $ 1,385,000 $ 2,788,300 $ 873,822 $ 835,000 $ 2,900,600 $ 797,438 $ 2,103,162 Procurement/Inventory --- Other Equipment $ - $ 70,000 $ - $ 70,000 Forklift #120 on order Total Procurement/Inventory $ - $ - $ - $ - $ 70,000 $ - $ 70,000 Fleet Maintenance --- Misc Automobiles $ - $ 358,500 $ 29,981 $ 328,519 7 Electric vehicles; received Veh#EV7 --- Other Equipment 141,500 88,885 52,615 Received CS2305 Industrial Hot Water Pressure Washer $ 5,700 5,700 5,700 - 5,700 5,700 - Received and complete CS2405 Wash Bay Doors $ 30,000 30,000 - 30,000 30,000 - 30,000 Awarded and awaiting materials Total Fleet Maintenance $ 30,000 $ 535,700 $ 124,566 $ 411,134 Information Technology IT2402/IT2302 Cisco Switches $ 50,000 $ 26,000 $ 20,282 $ 26,000 $ 26,000 $ 10,429 $ 15,571 To be paid out monthly for 5 years IT2404 Replacement of 3 Servers 42,000 42,000 - 42,000 42,000 - 42,000 Reviewing options with Dell IT2406 Barracuda Backup 40,000 40,000 5,883 40,000 40,000 5,883 34,117 To be paid out monthly for the next 5 years. IT2407 IBM Series Server 7,500 20,700 14,553 7,500 7,500 - 7,500 Server has been paid off - will NOT be using funds - Total Information Technology $ 139,500 $ 128,700 $ 40,718 $ 115,500 $ 115,500 $ 16,312 $ 99,188 TOTAL GENERAL FUND $ 15,247,700 $ 16,620,200 $ 3,438,448 $ 5,689,100 $ 14,549,400 $ 2,369,903 $ 12,179,497 Page 110 101 3 of 12 2ND QTR FY24 CIP-PROJECT STATUS REPORT.xlsx

Item #10. PROJECT STATUS REPORT - COMMUNITY TRANSPORTATION FUND 2nd Quarter FY24 - as of December 31, 2023 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status Community Transportation - 203-12-99 E Loockerman Street complete, CT2268 E Loockerman St & State St Concrete 356,900 368,400 300,297 - 368,400 300,297 68,103 concrete project on hold. Plan has been developed, staff to coordinate with Downtown Dover CT2315 Various Concrete Repair Locations 252,600 341,100 - - 341,100 - 341,100 Master Plan and Utility Upgrades Project received additional funds, CT2322 Dover Little League 221,400 7,200 - - 7,200 - 7,200 project to start in January TOTAL COMMUNITY TRANSPORTATION FUND $ 830,900 $ 716,700 $ 300,297 $ - $ 716,700 $ 300,297 $ 416,403 Page 111 203 4 of 12 2ND QTR FY24 CIP-PROJECT STATUS REPORT.xlsx

Item #10. PROJECT STATUS REPORT - POLICE FEDERAL GRANTS 2nd Quarter FY24 - as of December 31, 2023 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status Federal Police Grants - 207-11-17-33 PDGMISCFED-2024-LINE 1 Covert Ground Based Utility Pedestal Camera Kit $ 11,980 $ 12,000 $ 11,980 $ - $ 12,000 $ 11,980 $ 20 Complete PDGCOPS-2024-LINE 1 Wireless License Plate Reader Cameras $ 73,900 $ 73,900 $ 73,862 $ 73,900 $ 73,900 $ 73,862 $ 38 TOTAL FEDERAL POLICE GRANTS $ 85,880 $ 85,900 $ 85,842 $ 73,900 $ 85,900 $ 85,842 $ 58 Page 112 207 5 of 12 2ND QTR FY24 CIP-PROJECT STATUS REPORT.xlsx

Item #10. PROJECT STATUS REPORT - POLICE STATE GRANTS 2nd Quarter FY24 - as of December 31, 2023 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status State Police Grants - 209-11-17-32 PDGSLEAF-2021-LINE 1 Digital Video Management System $ 6,400 $ 6,400 $ 6,380 $ - $ 6,400 $ 6,380 $ 20 Complete PDGSLEAF-2024-LINE 2 Vantage Tactical Robot - - 33,500 - - 33,500 (33,500) TOTAL STATE POLICE GRANTS $ 6,400 $ 6,400 $ 39,880 $ - $ 6,400 $ 39,880 $ (33,480) Page 113 209 6 of 12 2ND QTR FY24 CIP-PROJECT STATUS REPORT.xlsx

Item #10. PROJECT STATUS REPORT - ARPA FUND 2nd Quarter FY24 - as of December 31, 2023 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status Project substantially complete, ST2301 FY23 Street, Concrete, and Alley Program $ 1,200,000 $ 548,000 $ 827,112 $ - $ 548,000 $ 198,570 $ 349,430 awaiting invoices. Work underway, approximately 90% WD2302 Elevated Water Tower Maint. - Aero Park 655,000 130,000 590,000 - 130,000 65,000 65,000 complete. Construction underway, approx. 35% completed. Anticipated completion WD2303 Future Well Installation 2,234,500 1,810,800 848,172 - 1,810,800 424,437 1,386,363 by June 2024. Project complete, awaiting final invoices, project to be bid in January WD2304 Well #9 Improvements 319,000 146,700 124,581 - 146,700 21,595 125,105 2024 Project awarded; due to material WQ2304 Water Quality Improvements-West St Alley 346,500 415,800 - - 415,800 - 415,800 delays, work to begin January 2024 Discussions in progress to repurpose WW2307 Lepore Road Sanitary Sewer Upgrade 317,000 317,000 - - 317,000 - 317,000 funding. TOTAL ARPA FUND $ 5,072,000 $ 3,368,300 $ 2,389,866 $ - $ 3,368,300 $ 709,601 $ 2,658,699 Page 114 210 7 of 12 2ND QTR FY24 CIP-PROJECT STATUS REPORT.xlsx

Item #10. PROJECT STATUS REPORT - WATER FUND 2nd Quarter FY24 - as of December 31, 2023 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status Water Engineering --- Trucks $ 48,000 $ 48,000 $ 41,322 $ 6,678 Veh #418 received Water --- Trucks 45,600 45,600 41,322 4,278 Veh #695; received WD2401 Portable Emergency Generator 78,000 108,000 - 108,000 Awaiting quotes from companies WD2402 Wellhead Redevelopment Program 463,000 163,000 6,345 163,000 163,000 6,345 156,655 Project underway WD2403 Carport for Mini Excavator 12,000 12,000 844 12,000 12,000 844 11,156 Complete Submitted application to State for grant funding, awaiting decision. CAF to Council WD2404 Carbon Column Media Replacement 280,000 280,000 - 280,000 280,000 - 280,000 on January 8, 2024 Construction phase awaiting bid, due in WD2405 Well #9 Improvements 1,000,000 1,000,000 - 1,000,000 1,000,000 - 1,000,000 January. WD2406 Water Tank Concrete Rehabilitation 150,000 25,000 5,500 25,000 25,000 5,500 19,500 Complete WD2407 Predictive Water Main Leak Modeling 75,000 25,000 22,990 25,000 25,000 22,990 2,010 Project underway Application to State submitted in October, WD2408 Asset Management Plan 100,000 100,000 - 100,000 100,000 - 100,000 awaiting award response. WD2409 Facility Improvements @WTP 185,000 185,000 40,593 185,000 185,000 40,593 144,407 Work underway, approximately 25% WD2410 GIS Utility Network Upgrade 185,000 20,000 6,611 20,000 20,000 6,611 13,390 Complete WD2411 Elevated Water Storage Tank Maintenance 138,700 138,700 - 138,700 138,700 - 138,700 Work scheduled to begin in 1st Quarter of WQ2302/WQ2404 Miscellaneous Emergency Water Repairs 425,000 89,000 63,789 85,000 89,000 44,000 45,000 Complete Staff working on submitted application for WQ2401 Water Quality Improvements 9,467,200 2,250,000 - 2,250,000 2,250,000 - 2,250,000 funding through Federal Omnibus package. Presenting design contract to CCW in WQ2403 Downtown Dover Upgrades - Water 1,891,500 172,000 - 172,000 172,000 - 172,000 January WD2205 Future Well Installation 1,415,400 659,900 47,815 - 659,900 - 659,900 Complete WD2307 Stonebrook East Water Main Increase 26,000 26,000 - - 26,000 - 26,000 Awaiting development to be built Substantially complete in August, awaiting WQ2303 Water Quality Impr. - North State Street 370,000 857,200 1,499,457 - 857,200 502,640 354,560 final invoices. WQ2305 Lead & Copper Inventory - 33,600 32,673 - 33,600 32,673 927 Work underway, awaiting additional invoices WQ2306 Brandywine Lead/Copper Rule - 109,000 - - 109,000 - 109,000 Project to be bid out in January Water Treatment Plant Veh #660 received; #622 - Awaiting State --- Trucks $ 56,500 $ 121,600 $ 46,487 $ 75,113 Contract to create PO WD2308 Security Fencing Upgrades $ - $ 95,700 $ 66,750 - 95,700 66,750 28,950 Complete TOTAL WATER FUND $ 16,183,800 $ 6,145,400 $ 1,726,616 $ 4,683,800 $ 6,564,300 $ 858,076 $ 5,706,224 Page 115 401 8 of 12 2ND QTR FY24 CIP-PROJECT STATUS REPORT.xlsx

Item #10. PROJECT STATUS REPORT - WASTEWATER FUND 2nd Quarter FY24 - as of December 31, 2023 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status Wastewater Veh #661 received, #655 and #680 awaiting --- Trucks $ 131,000 $ 338,500 $ 41,322 $ 297,178 State contract to create PO. WW2300 Meter Reading Technology Upgrade 30,000 30,000 - - 30,000 - 30,000 On Hold WW2203 Turnberry Pump Station Replacement 677,000 20,200 5,900 20,200 5,900 14,300 Complete WW2303 Miscellaneous Emer. Sewer Repairs 160,000 59,700 - - 59,700 - 59,700 Complete Contractor work underway, awaiting WW2304 College Rd. Pump Station Repl. 580,000 580,000 - 580,000 148,485 431,515 electrical materials. WW2305 GIS Utility Network Upgrade 175,000 12,900 - 12,900 - 12,900 Complete WW2308 Heatherfield Pump Station Repl. 663,000 31,400 - 31,400 18,012 13,388 Complete, awaiting final invoice WW2310 Misc. Sanitary Sewer Rehab 910,900 910,000 - 910,000 - 910,000 Bid to be out in January WW2401 Inflow/Infiltration Removal 7,682,900 412,900 - 412,900 412,900 - 412,900 Bid to be out in January Miscellaneous Emergency Sanitary Sewer WW2402 Repairs 875,000 165,000 82,363 165,000 165,000 82,363 82,637 Project open and awaiting emergency work. WW2403 Pump Station #7 Upgrades 350,000 655,000 2,250 350,000 350,000 - 350,000 Bids to be received in January WW2404 GIS Utility Network Upgrade 150,000 800,000 467,213 150,000 150,000 - 150,000 Project underway, awaiting deliverables WW2405 Lepore Road Sanitary Sewer Upgrade 370,000 677,000 18,344 370,000 370,000 - 370,000 Project on hold WW2406 Turnberry Pump Station Replacement 702,000 702,000 - 702,000 702,000 - 702,000 Project awarded, awaiting mobilization Application to State submitted in October, WW2407 Asset Management Plan 100,000 100,000 - 100,000 100,000 - 100,000 awaiting award response. WW2408 Fence Installation - Fox Hall Pump Station 60,000 60,000 - 60,000 60,000 - 60,000 Project on hold WW2409 Cedar Chase Pump Station Replacement 683,500 47,000 6,238 47,000 47,000 6,238 40,762 Design underway WW2410 Laurel Drive Pump Station Replacement 721,600 16,000 - 16,000 16,000 7,837 8,163 Complete WW2411 White Oak Road Improvements 881,000 16,000 8,460 16,000 16,000 8,460 7,540 Complete Presenting design contract to CCW in WW2412 Downtown Dover Upgrades 627,000 57,000 - 57,000 57,000 - 57,000 January TOTAL WASTEWATER FUND $ 16,398,900 $ 5,352,100 $ 590,768 $ 2,576,900 $ 4,428,600 $ 318,616 $ 4,109,984 Page 116 403 9 of 12 2ND QTR FY24 CIP-PROJECT STATUS REPORT.xlsx

Item #10. PROJECT STATUS REPORT - ELECTRIC FUND 2nd Quarter FY24 - as of December 31, 2023 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status Engineering --- Misc Automobiles $ 44,000 $ 44,000 $ - $ 44,000 Veh #7 & #8 EE2113 ArcFM Migration to Elec. Util. Network $ 160,000 $ 160,000 $ 160,021 - - - - 80% complete EE2202 SCADA Master Hardware Replacement 550,000 550,000 307,166 - 242,900 - 242,900 60% complete EE2304 Substation Component Replacement 150,000 150,000 - - - - - Recurring project EE2315 SCADA Upgrade 100,000 31,000 68,978 - 31,000 - 31,000 80% complete EE2316 Electric Admin & Substation Cameras 50,000 24,200 25,909 - 24,200 - 24,200 90% complete EE2413 Substation component Replacement 180,000 30,000 - 30,000 30,000 - 30,000 Recurring project EE2415 Multiplexer Replacement 130,000 130,000 - 130,000 130,000 - 130,000 20% complete; waiting on contractor EE2408 Cartanza Substation Foundation Repair 85,000 85,000 3,500 85,000 85,000 3,500 81,500 5% complete; waiting on 3rd quote EE2412 Small Cell Wireless Improvements 180,000 30,000 - 30,000 30,000 - 30,000 Recurring project EE2411 LED Lighting Conversion 400,000 400,000 38,557 400,000 400,000 38,557 361,443 5% complete EE2090 DAFB CT/PT Replacement 73,000 73,000 71,514 - - - - 80% complete (sched for Feb 2024) EE2313 Transmission Line Maintenance 50,000 30,800 70,235 - 30,800 30,800 - Recurring project EE2409 McKee Switch Yard Reconfiguration 50,000 50,000 9,871 50,000 50,000 9,871 40,129 45% complete EE2416 Transmission Line Maintenance Program 300,000 50,000 - 50,000 50,000 - 50,000 Not started EE2016 Garrison Oak Tech Park Substation 750,000 750,000 314,159 - 539,700 104,163 435,537 80% complete; budget to be carried fwd EE2215 Garrison Oak Tech Park Substation 7,000,000 7,000,000 1,837,062 - 5,162,900 - 5,162,900 25% complete; budget to be carried fwd EE2410 Garrison Oak/Sun Park Substation 5,000,000 - - - - - - Not started EE2219 McKee Switch Yard Reconfiguration 187,000 147,100 192,464 - 147,100 192,464 (45,364) Engineering in progress EE2317 ArcFM Migration to Elec. Util. Network 110,000 - 110,384 - - - - In progress EE2402 Woodcrest Overhead to Underground 394,000 394,000 - 394,000 394,000 - 394,000 5% complete EE2403 White Oak Condominiums 107,000 103,000 - 107,000 103,000 - 103,000 No change EE2404 Town Point Conversion 914,000 682,600 353,278 394,000 682,600 267,269 415,331 65% complete EE2405 Bay Road 750 Underground 56,000 56,000 - 56,000 56,000 - 56,000 5% complete EE2406 Poplar Lane 41,000 41,000 - 41,000 41,000 - 41,000 5% complete EE2407 Ann Avenue Restoration 265,000 265,000 - 265,000 265,000 - 265,000 5% complete Total Engineering $ 17,282,000 $ 11,232,700 $ 3,563,097 $ 2,076,000 $ 8,539,200 $ 646,624 $ 7,892,576 Electric Generation EG2102 Plant Decommissioning $ 1,000,000 $ 803,200 $ 196,907 $ - $ 803,200 $ - $ 803,200 City Council Approved Contract Need HVAC equipment for office trailer. Replaced doors. Need gutter installation. EG2201 Van Sant Office Trailer 70,000 70,000 63,275 - 16,900 10,191 6,709 Estimate project 97% completed. EG2203/EG2302 Plant Decommissioning 14,000,000 11,628,300 586,554 - 11,628,300 117,282 11,511,018 City Council Approved Contract Installation completed. Post installation operational testing completed. May need to replace switches with updated models to EG2401 VanSant CEMLINK6 Upgrade 60,000 60,000 50,250 60,000 60,000 50,250 9,750 ensure system reliability. Purchase order processed for PPT transformer rebuild. Anticipate completion by April. Purchase replacement scanners, ignitors, ignitor cables, and lubricating oil EG2402 VanSant Unit 11 Component Replacements 200,000 100,000 21,915 100,000 100,000 21,915 system filters. 78,085 Filters purchased and on site. Will schedule replacement as man power and weather EG2403 VanSant Intake Air Filter Replacement 55,000 55,000 43,185 55,000 55,000 43,185 11,815 permit. Anticipate completion by April. Have 2 quotes for the initial phase of this project which includes removal of sulfuric EG2404 VanSand Water Trmt Sys Removal/Demo 60,000 60,000 - 60,000 60,000 - 60,000 acid and caustic soda from storage tanks. Total Electric Generation $ 15,445,000 $ 12,776,500 $ 962,087 $ 275,000 $ 12,723,400 $ 242,823 $ 12,480,577 Page 117 411 10 of 12 2ND QTR FY24 CIP-PROJECT STATUS REPORT.xlsx

Item #10. PROJECT STATUS REPORT - ELECTRIC FUND 2nd Quarter FY24 - as of December 31, 2023 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status T&D --- Trucks $ 540,000 $ 544,000 $ - $ 544,000 Veh #757, #773, #753, & #778 --- Other Equipment 440,200 - 440,200 Veh #775 EE2421 Emergency Component Replacement 455,000 65,000 47,047 65,000 65,000 47,047 17,953 Replacing as needed TD2401 Dover Downs Metering 31,000 31,000 26,850 31,000 31,000 26,850 4,150 Not started TD2402 Pole Testing 125,000 125,000 96,866 125,000 125,000 96,866 28,134 15% complete TD2403 Kent 8 Plaza Tie Point 67,200 67,200 29,526 67,200 67,200 29,526 37,674 50% complete TD2404 Administration Rear Lot Resurfacing 90,000 90,000 90,000 90,000 90,000 90,000 - Complete TD2405 Janes Road Conversion 179,200 179,200 11,303 179,200 179,200 11,303 167,897 10% complete UG Transformers locations as follows: EE2421 New Developments 650,000 (8,200) - 650,000 (8,200) - (8,200) TD2110 DAFB Welch Elementary 21,400 - 21,410 - - - - 90% Complete-waiting on technicians TD2205 Calvary Baptist Church - - - - - - - Waiting on customer TD2301 Rojan Meadows Phase 1 47,800 47,800 47,796 - 47,800 47,796 4 10% Complete TD2303 Kent Courthouse 42,500 42,500 42,481 - 42,500 42,481 19 30% Complete TD2308 El Azteca Dover - - - - - - - Waiting on customer TD2309 1001 N DuPont EV Charger 34,300 34,400 34,336 - 34,400 34,336 64 Not started TD2313 Frito Lay 5,200 5,200 5,187 - 5,200 5,187 13 Complete TD2316 Dover Beer Garden 4,200 4,300 4,230 - 4,300 4,230 70 Complete TD2317 Wawa Rt. 8 EV Charger - - - - - - - Waiting on payment TD2407 1203 College Park EV 5,275 8,200 8,145 - 8,200 8,145 55 Not started TD2408 Clara Ridgely Warehouse 23,975 24,000 19,187 - 24,000 19,187 4,813 Complete TD2409 Kent County Project 7,400 7,400 - - 7,400 - 7,400 Not started TD2411 Commerce Way Warehouse 35,900 35,900 - - 35,900 - 35,900 Not started TD2412 Eden Hill Farms Phase 4A 78,500 78,500 - - 78,500 - 78,500 5% Complete TD2417 600 Bay Rd EV Charger - - - - - - - Not started UG Conductors locations as follows: EE2421 New Developments 500,000 (724,900) - 500,000 (724,900) - (724,900) TD2110 DAFB Welch Elementary 20,100 18,700 20,075 - 18,700 18,620 80 90% Complete-waiting on technicians TD2205 Calvary Baptist Church 8,600 - 8,559 - - - - Waiting on customer TD2206 DELDOT Interim Kenton Rd 74,500 - 74,481 - - - - Complete TD2210 Verona Woods Phase 3/4 86,300 12,600 86,290 - 12,600 12,525 75 Complete TD2211 Hancock-Hopkins Avenue 22,300 - 22,266 - - - - 80% Complete-waiting on technicians TD2212 Brandywine Court SL 43,700 43,800 43,715 - 43,800 43,715 85 50% Complete-waiting on customer TD2301 Rojan Meadows Phase 1 122,500 100,200 122,503 - 100,200 100,172 28 10% Complete TD2302 Eden Hill OKH Phase 1 333,900 1,000 380,259 - 1,000 923 77 80% Complete TD2303 Kent Courthouse 327,800 150,200 327,842 - 150,200 150,206 (6) 30% Complete TD2305 Lion of Judah 27,400 - 27,665 - - 19 (19) Completed in FY23 & capitalized in FY23 TD2306 Verizon Tudor Tower 5,000 5,900 6,362 - - 533 (533) Completed in FY23 & capitalized in FY23 TD2309 1001 N DuPont EV Charger 10,800 8,300 10,757 - 8,300 8,247 53 Waiting on customer TD2313 Frito Lay 4,400 4,400 4,392 - 4,400 4,392 8 Complete TD2315 DELDOT Kenton Rd 205,500 763,100 205,528 - 763,100 205,528 557,572 5% Complete TD2316 Dover Beer Garden 1,600 1,600 1,585 - 1,600 1,585 15 Complete TD2317 Wawa Rt 8 EV Charger - - - - - - - Waiting on payment TD2318 837 N DuPont Hwy Chase Bank 1,500 200 1,501 - 200 124 76 Complete TD2407 1203 College Park EV 3,800 3,800 3,183 - 3,800 3,183 617 Complete TD2408 Clara Ridgely Warehouse 39,200 39,200 6,677 - 39,200 6,677 32,523 Complete TD2409 Kent County Project 700 700 - - 700 - 700 Not started TD2411 Commerce Way Warehouse 22,000 22,000 - - 22,000 - 22,000 Not started TD2412 Eden Hill Farms Phase 4A 541,700 541,700 - - 541,700 - 541,700 5% Complete TD2416 DELDOT Mifflin Rd - DHS Entrance 22,700 22,700 961 - 22,700 961 21,739 No update, waiting on DelDOT TD2417 600 Bay Rd. EV Charger - 200 132 - 200 132 68 Not started Page 118 411 11 of 12 2ND QTR FY24 CIP-PROJECT STATUS REPORT.xlsx

Item #10. PROJECT STATUS REPORT - ELECTRIC FUND 2nd Quarter FY24 - as of December 31, 2023 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status UG Meters locations as follows: EE2421 New Developments 250,000 64,000 - 250,000 64,000 - 64,000 TD2110 DAFB Welch Elementary 1,800 - 1,758 - - - - Waiting on contractor TD2123 Patriot Village Phase 2 7,000 - 7,033 - - - - Complete TD2205 Calvary Baptist Church - - - - - - - Waiting on customer TD2210 Verona Woods Phase 3/4 6,100 - 6,097 - - - - 70% Complete TD2211 Hancock-Hopkins Avenue 1,400 - 1,408 - - - - 80% Complete-waiting on technicians TD2301 Rojan Meadows Phase 1 11,700 11,800 11,707 - 11,800 11,707 93 5% Complete-waiting on customer TD2303 Kent Courthouse 2,100 2,100 2,067 - 2,100 2,067 34 10% Complete TD2308 El Azteca Dover - - - - - - - 0% Complete-waiting on customer TD2309 1001 N DuPont EV Charger 1,500 1,500 1,489 - 1,500 1,489 11 Not started TD2313 Frito Lay 500 500 484 - 500 484 16 Complete TD2314 CT Site Repairs & Maintenance 32,000 9,900 31,974 - 9,900 9,892 8 65% Complete TD2315 DelDOT Kenton Rd 1,000 - 974 - - - - 5% Complete TD2316 Dover Beer Garden 3,100 3,100 3,064 - 3,100 3,064 36 Complete TD2317 Wawa Rt 8 EV Charger - - - - - - - Waiting on payment TD2407 1203 College Park EV 2,300 2,300 405 - 2,300 405 1,895 Not started TD2408 Clara Ridgely Warehouse 600 600 484 - 600 484 116 Complete TD2409 Kent County Project 100 - - - - - - Not started TD2411 Commerce Way Warehouse 1,800 1,800 - - 1,800 - 1,800 Not started TD2412 Eden Hill Farms Phase 4A 9,200 9,200 - - 9,200 - 9,200 5% Complete TD2417 600 Bay Rd. EV Charger 3,700 3,700 3,668 - 3,700 3,668 32 Not started; waiting on contractor Total T & D $ 4,665,750 $ 1,963,300 $ 1,911,709 $ 2,497,400 $ 2,941,600 $ 1,053,759 $ 1,887,841 Administration EE1819 Reed St HVAC Major Overhaul 1,175,200 - 1,175,200 - - - - In phase 1 of install EA2304 Reed St HVAC Overhaul 1,500,000 2,000,000 687,500 2,000,000 2,000,000 687,500 1,312,500 In phase 1 of install Total Administration $ 3,038,200 $ 2,293,000 $ 2,215,962 $ 2,000,000 $ 2,000,000 $ 687,500 $ 1,312,500 FN1701 Purchase of ERP System $ 1,313,400 $ 2,289,500 $ 833,799 $ - $ 1,856,000 $ 2,860 $ 1,853,140 In progress TOTAL ELECTRIC FUND $ 41,744,350 $ 30,555,000 $ 9,486,654 $ 6,848,400 $ 28,060,200 $ 2,633,566 $ 25,426,634 Page 119 411 12 of 12 2ND QTR FY24 CIP-PROJECT STATUS REPORT.xlsx

CITY OF DOVER DEPARTMENT OF POLICE Item #11. 400 SOUTH QUEEN STREET DOVER, DELAWARE 19904 302-736-7111 Chief of Police Police Captains THOMAS A. JOHNSON, JR. RANDY ROBBINS Deputy Chief of Police KEVIN KOBER DAVID E. SPICER AARON DICKINSON January 22, 2024 Ms. Andria L. Bennett City Clerk Dover City Hall P.O. Box 475 Dover, DE 19903 Dear Ms. Bennett: The Police Pension Plan Retirement Committee Board term of Retired Captain Larry Gray will expire on January 31, 2024. Pursuant to Section 18-47 of the pension plan, a request for nominations was posted with an announcement of election to fill the vacancy on December 6, 2023. One nomination was received, therefore, no election will be held. I hereby nominate Retired Captain Larry Gray to serve a three-year term on the Pension Board, commencing February 1, 2024 and ending January 31, 2027, subject to confirmation of a voting majority of City Council. If you need additional information, please call me at (302) 736-7100. Thank you. Sincerely, Thomas A. Johnson, Jr. Chief of Police Page 120

Item #12. City of Dover MAYOR AND COUNCIL COUNCIL RESOLUTION NO. 2023-16 A RESOLUTION TO PERMIT THE CITY OF DOVER TO ENTER INTO A CONTRACT WITH THE STATE BOARD OF PENSION TRUSTEES TO ALLOW THE CITY TO PARTICIPATE IN THE STATE OF DELAWARE COUNTY AND MUNICIPAL PENSION PLAN WHEREAS, the City of Dover wishes to provide its employees with a pension benefit through the Delaware Public Employee’s Retirement System; and WHEREAS, the General Assembly of the State of Delaware has passed Legislation providing for a uniform Pension Plan for Counties and Municipalities in the State of Delaware which legislation has been designated in the Delaware County and Municipal Pension Plan, 29 Del. C. § 5555); NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Council of the City of Dover, Delaware, the governing body of City of Dover, as follows: 1. That the Council hereby elects to participate in the County and Municipal Pension Plan on or after January 1, 2024, if approved by the Board of Pension Trustees of said Plan; which said election shall cover all existing non-police employees; That the City Manager is hereby directed to forward this Resolution to the State of Delaware, Board of Pension Trustees and do other things necessary to implement said election. The City Manager is also authorized to take necessary action to execute such documents that may be required to terminate, transfer, or assign the prior pension or retirement plans. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] P. O. Box 475 Dover, DE 19903 Page 121 Community Excellence Through Quality Service

Item #12. COUNCIL RESOLUTION NO. 2023-16 PAGE 2 By order of the City Council of the City of Dover. City Clerk ADOPTED this 23rd day of October 2023. CITY OF DOVER, DELAWARE Attest: Clerk, Dover City Council President, Dover City Council APPROVED by the Mayor of the City of Dover on the 23rd day of October 2023. Mayor P. O. Box 475 Dover, DE 19903 Page 122 Community Excellence Through Quality Service

Item #13. PROPOSED AMENDMENTS TO THE 2019 COMPREHENSIVE PLAN First Reading before the Dover City Council January 22, 2024 MI-24-01 Comprehensive Plan Amendment 2024 This Request for Amendment of the 2019 Comprehensive Plan was submitted by the property owner as associated with the City of Dover’s annual opportunity to request Comprehensive Plan Amendments (see Chapter 15: Implementation Plan). MI-24-01 Comprehensive Plan Amendment 2024 - Consideration of Amendment to Map 12-1: Land Development Plan Map - Review of an Amendment to the 2019 Comprehensive Plan with consideration of a request for amendment of Map 12-1: Land Development Plan to revise the Land Use Classification of the property located at 1079 Silver Lake Boulevard. The Request is to revise the Land Use Classification from Office to Mixed Use on Map 12-1: Land Development Plan Map. The property is located at the eastern terminus of Silver Lake Boulevard. Property Owner: Dover Federal Credit Union and equitable owner Charles Chiang. Property Address: 1079 Silver Lake Boulevard. Tax Parcel: ED-05-067.12-02-04.00-000. This is associated with Rezoning Application Z-24-02. Ordinance #2024-03. Council District 4. Owner: Dover Federal Credit Union Equitable Owner: Charles Chiang Address: 1079 Silver Lake Boulevard, Dover DE Location: At the eastern terminus of Silver Lake Boulevard Tax Parcel: ED-05-067.12-02-04.00-000 Size: 5.04 +/- acres Present Uses: Vacant tract of land 2019 Comprehensive Plan Designation – Land Use Category: Office Proposed Comprehensive Plan Designation – Land Use Category: Mixed Use File Number: MI-24-01 Ordinance Number: #2024-03 Page 123

City of Dover Application No.: MI-24-01 Item #13. Department of Planning & Inspections IO College Rd SC-2 IO IO R-20 ROS CPO Terry Cir C-1A Rep IO R-8 Ln ive ntat rese Silve RM-1 r Lak d e B lv oo on Sch CPO Wils lhou R-8 Dr R-8 n se L R-20 CPO CPO Title: Property at 1079 Silver Lake Boulevard Consideration of Amendment to Map 12-1 Land Development Plan Map Legend Address: 1079 Silver Lake Blvd Parcel ID: ED-05-067.12-02-04.00-000 Dover Boundary Existing Zoning: CPO (Commercial Professional Office Zone) Current Land Classification: Office Subject Property Proposed Land Use Classification: Mixed Use Owner: Dover Federal Credit Union Zoning Date: 1/2/2024 « Dover Parcels Page 124

Item #13. Page 125

Item #13. Page 126

Item #13. FIRST READING CITY OF DOVER ORDINANCE #2024-03 1 AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING MAP 2 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE CLASSIFICATION OF 3 THE SPECIFIC PROPERTY LOCATED AT 1079 SILVER LAKE BOULEVARD. 4 5 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within 6 the City of Dover, Delaware; and 7 8 WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the 9 recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan 10 pursuant to Title 22, Section 702 of the Delaware Code; and 11 12 WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019 13 Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and 14 15 WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and 16 17 WHEREAS, a property owner has requested an amendment to the Land Development Plan Map (Map 18 12-1) in accordance with the process set forth in the 2019 Comprehensive Plan; and 19 20 WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map 21 (Map 12-1) for review as part of the Comprehensive Plan Amendment 2024; and 22 23 WHEREAS, the Planning Commission held a public hearing on February 20, 2024 after which the 24 Planning Commission made a recommendation in regard to this amendment to the Land Development 25 Plan related to the specific property. 26 27 WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change the 28 Land Use Classification of the property on the Land Development Plan Map (Map 12-1) as described 29 below. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY 32 OF DOVER, IN COUNCIL MET AND AMEND THE 2019 COMPREHENSIVE PLAN BY: 33 34 That from and after the passage and approval of this ordinance, that Map 12-1: Land Development Plan 35 Map of the City of Dover has been amended by changing the designated Land Use Classification from 36 Office to Mixed Use for a parcel located at the eastern terminus of Silver Lake Boulevard, known as 37 1079 Silver Lake Boulevard, Dover, Delaware. 38 (Property Owner: Dover Federal Credit Union and equitable owner Charles Chiang; Property 39 Address:1079 Silver Lake Boulevard; Tax Parcel: ED-05-067.12-02-04.00-000; Planning References: 40 MI-24-01 and Z-24-02) 41 42 BE IT FURTHER ORDAINED: 43 44 That upon final action to adopt this ordinance, the amendment as approved changing the Land Use 45 Classification of the property shall be made to Map 12-1: Land Development Plan of the 2019 46 Comprehensive Plan. 47 Page 127

Item #13. Proposed Ordinance #2024-03: Consideration of Amendment to Map 12-1: Land Development Plan, 2019 Comprehensive Plan (MI-24-01: 1079 Silver Lake Boulevard) Page 2 48 ADOPTED: * 49 I:\DAC\2024 Applications\2 February 2024\MI-24-01 Comp Plan Amendment 2024\First Reading Ordinance 2024-03 Comp 50 Plan Amendment 1079 Silver Lake Blvd MI-24-01.docx 51 52 53 SYNOPSIS 54 The proposed ordinance would adopt an amendment to the 2019 Comprehensive Plan for the Land Use 55 Classification of a property. The specific property is 1079 Silver Lake Boulevard, Dover DE. The 56 amendment (MI-24-01) is to be reflected as a revision to Map 12-1: Land Development Plan Map of the 57 2019 Comprehensive Plan. 58 59 60 61 Actions History: 62 March 11, 2024 – Public Hearing & Final Action to be scheduled for City Council 63 February 20, 2024– Public Hearing & Action on Recommendation to be scheduled for Planning 64 Commission 65 January 22, 2024– First Reading – City Council and setting of Public Hearing dates 66 Page 128

Item #14. PETITION TO AMEND ZONING DISTRICT First Reading before the Dover City Council January 22, 2024 Application: Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard Owner: Dover Federal Credit Union Equitable Owner: Charles Chiang Address: 1079 Silver Lake Boulevard, Dover DE Location: At the eastern terminus of Silve Lake Boulevard Tax Parcel: ED-05-067.12-02-04.00-000 Size: 5.04 +/- acres Present Uses: Vacant tract of land 2019 Comprehensive Plan Designation – Land Use Category: Office Proposed Comprehensive Plan Designation – Land Use Category: Mixed Use Present Zoning: CPO (Commercial and Professional Office Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) Reason for Request: To amend zoning to support development of the property as mixed use of residential and commercial uses. File Number: Z-24-02 Ordinance Number: 2024-04 This is presented for referral of the Rezoning Application to the Planning Commission as per Zoning Ordinance, Article 10 §5. Its consideration will be subject to action regarding MI-24-01 Comprehensive Plan Amendment 2024 – Consideration of Amendment to Map 12-1: Land Development Plan Map. Page 129

City of Dover Application No.: Z-24-02 Item #14. Department of Planning & Inspections IO College Rd SC-2 IO IO R-20 ROS CPO Terry Cir C-1A Rep IO R-8 Ln ive ntat rese Silve RM-1 r Lak d e B lv oo on Sch CPO Wils lhou R-8 Dr R-8 n se L R-20 CPO CPO Title: Lands of Dover Federal Credit Union Address: 1079 Silver Lake Blvd Parcel ID: ED-05-067.12-02-04.00-000 Existing Zoning: CPO (Commercial Professional Office Zone) Legend Proposed Zoning: C-2A (Limited Central Commercial Zone) Owner: Dover Federal Credit Union Dover Boundary Date: 1/2/2024 Subject Property Zoning « Dover Parcels Page 130

PLAN NOTES: Item #14. 1) SITE SKETCH BASED ON PLOT BOOK #52, PAGE 97 ONLY. CURVE TABLE 2) SETBACKS SHOWN AS PROVIDED BY CITY OF DOVER PLANNING OFFICE AND DO NOT MATCH WHAT RECORD PLAN SHOWS. 3) 100' RIPARIAN BUFFER CAN BE REDUCED TO 50' (AS SHOWN ON PLAN) PER CITY OF DOVER PLANNING OFFICE. NO. RADIUS / ARC / CHORD BEARING & DISTANCE 4) REMOVAL OF EXISTING VEGETATIVE COVER CAN BE CLEARED AS IT DOES NOT MEET THE CITY OF DOVER DEFINITION OF WOODLANDS. 5) REAR PORTION OF THE SITE SHOWS SITE MAY LIE WITHIN THE 100-FLOOD PLAIN ACCORDING TO FEMA MAP #10001C0166H, C1 R= 60.00' / A= 69.53' / N 81°44'54" W 65.70' 1 "W DATED 05/05/2003. SAID LINE APPEARS TO MEANDER ALONG REAR OF SITE AS SHOWN. L1 C2 R= 30.00' / A= 35.05' / N 81°28'13" W 33.09' '06 ' REZONING/COMP.PLAN NOTES (ADDED BY MOUNTAIN CONSULTING, INC., 103 S. BRADFORD ST): C3 R= 100.00' / A= 63.28' / N 29°52'15" W 62.23' 32 06 1) OWNER OF RECORD ADDRESS: 1075 SILVER LAKE BLVD, DOVER, DE 19901 0 L1 6° 2. 2) SILVER LAKE BLVD WIDTH VARIES ALONG FRONTAGE CUL-DE-SAC. C4 R= 200.00' / A= 47.63' / S 62°14'45" W 47.52' 3) EXISTING SANITARY SEWER EASEMENT TO BE RELOCATED ONSITE, IF POSSIBLE, WITH FINAL DESIGN. S 1 10 4) EXISTING ZONING: CPO. PROPOSED ZONING C-2A. BR L 5) ENTIRE 5.0374+/- ACRES SUBJECT TO REZONING. L9 BR L > V L ED BR -05 E R BR -06 L 8.1 L 3-0 A K OWNER: DOVER FEDERAL CREDIT UNION BR L S ED-05-06712-02-0300-000 1-0 E BR L "W 1 .0 L L SI BR 0 L8 07 3' BR L °4 BR L 12 BR L PER RECORD PLAN: "EXISTING HIGH WATER LINE OF SILVER LAKE" BR L OWNER: CITY OF DOVER LOCATION MAP N N ' > CAL NON BR L ED-05-06712-02-0500-000 87 "PUMP STATION" PLAN PREPARED BY 2. BR L 15 BR L L7 BR L S 37°3 BR L 10278 South DuPont Hwy , Felton , DE 19943 0'42" E Email: avi.consulting.group@gmail.com 2 BRL BRL 205.0 L1 BR L L BRL BR BRL BRL BRL BRL BRL 2' > REVISIONS BRL BRL BRL BRL BRL BRL BRL BRL 50' S L6 (SEE ETBAC BRL NOT K E# 3) R= 175.00' / A= 156.14' BRL CH: < S 43°30'40" W 151.02' BRL OWNER: DOVER FEDERAL CREDIT UNION ED-05-06712-02-0400-000 BRL CONTAINS 5.0374 ACRES +/- BRL 15' WIDE SANITARY SEWER L5 EASEMENT AS GRAPHICALLY BRL DEPICTED ON RECORD PLAN BRL (PLOT BOOK #522, PAGE #97) BRL L4 BRL BRL OWNERS INFORMATION BRL BRL DOVER FEDERAL CREDIT UNION BRL BR L BR L BR L BRL CITY OF DOVER KENT COUNTY, DELAWARE BR L BRL C4 BR L BR BRL L BR L SITE SKETCH PREPARED FOR BR L BRL BR L CHARLES CHIANG 5°25 BR L BRL BR L 103. '24" W < BR L BRL N 11 BR L 1079 SILVER LAKE BLVD, DOVER, DELAWARE 19904 BRL °4 BR L 06' 4 '3 BR L BRL KENT COUNTY, DELAWARE 0" BR L W BR LINE BEARING DISTANCE L < S5 BRL PLANS BASED ON 46 BR L L1 N 48°00'00" W 2.57' 4. BR L BRL RECORD PLAN #52, PAGE #97 29 BR L L2 N 11°44'30" W 6.64' ' BR L BRL BRL L3 S 78°15'30" W 60.00' BR L BR L BR L DRAWN BY: NP LBR L4 S 81°54'11" E 40.46' BR L CHECKED BY: C1 BR L BR L L5 N 44°03'28" E 56.07' BR L BR SCALE: 1"=40' L2 40' L BR BR L 0' 20' DATE: 03/20/2023 L L6 N 64°34'24" E 60.29' BR L BR L BR L L DATE OF FLD WRK: N/A BR BRL L7 N 58°43'40" E 66.15' L BR BRL BR L BRL OWNER: SILVER LAKE REALTY DE, LLC BR L L BR DATE CRNRS SET: N/A L8 N 68°03'49" E 88.12' ED-05-06712-02-0200-000 BR L L3 C3 C2 FIELD BOOK/PAGE: L BR N/A L1 L9 S 83°00'37" E 57.40' BR L L SCJ FILE NAME: N/A BR BR LAKE L L10 S 66°24'35" E 56.60' SILVER DRAWING #: 1079_SilverLakeBlvd L11 S 77°03'56" E 60.66' BOULEVARD CONTRACT #: 1079_SilverLakeBlvd L12 S 75°28'11" E 14.70' 1 OF ___ SHEET ___ 1Page 131

Item #14. FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2024-04 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY 2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 3 1079 SILVER LAKE BOULEVARD 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 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property 8 described below from CPO (Commercial and Professional Office Zone) to C-2A (Limited Central Commercial Zone). 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 10 DOVER, IN COUNCIL, MET: 11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 12 Ordinance of the City of Dover have been amended by changing the zoning designation from CPO (Commercial and Professional Office Zone) to C-2A (Limited Central Commercial Zone) on that property located at 1079 Silver Lake Boulevard (at the eastern terminus of Silver Lake Boulevard), consisting of 5.04+/- acres, owned by Dover Federal Credit Union. 13 (Tax Parcel: ED-05-067.12-02-04.00-000; Planning Reference: Z-24-02; Fourth Council District) 14 20 ADOPTED: * 21 Actions History 22 January 22, 2024 - Scheduled for First Reading - City Council Page 132

Item #15. FIRST READING CITY OF DOVER ORDINANCE PROPOSED ORDINANCE #2024-01 WITH CCOW-LFA AMENDMENT #1 (Council Committee of the Whole – Legislative, Finance, and Administration Committee Amendment #1 indicated in green text) 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 3 Section 13. Central Commercial Zone (C-2) be amended by 5 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as 6 follows: 7 8 And be amended by inserting the text in bold, green font and deleting the text indicated in bold, 9 blue strikeout as follows: 10 11 APPENDIX B – ZONING 12 13 ARTICLE 3 - DISTRICT REGULATIONS 14 15 Section 13. - Central commercial zone (C-2). 16 17 13.1 Uses permitted. In a central commercial zone (C-2), no building or premises shall be used, 18 and no building or part of a building shall be erected, which is arranged, intended, or designed to 19 be used, in whole or in part, for any purpose, except the following: 20 21 (a) Retail stores. 22 (b) Restaurants, cafes, and eating establishments. 23 (c) Commercial kitchens. 24 (d) Microbrewery, craft distillery, and meadery establishments. 25 (c) (e) Hotels, including bed and breakfast inns. 26 (d) (f) Art galleries and artisan studios. 27 (e) (g) Service establishments. 28 (h) Banks and financial institutions 29 (f) (i) Personal service establishments. 30 (g) (j) Business, professional, and government offices. 31 (h) (k) Apartments and multi-family dwellings, provided that no dwelling units shall be 32 permitted in on the first floor on the street frontage of Loockerman Street. Uses accessory 33 to the residential units such as lobby and amenity spaces are permitted on the first 34 floor. 35 (l) Live-work units. 36 (i) (m) Indoor recreation and amusement establishments. 37 (n) Parking lots and parking structures as a principal use. 38 (o) Places of public assembly. 39 (p) Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, Page 133

Item #15. Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance with CCOW- LFA Amendment #1 Page 2 of 11 40 baking, or any other processing of products where goods so produced or processed 41 are to be sold at retail on the premises or online and where the size of the 42 establishment shall not exceed 5,000 square feet in floor area. 43 (q) Open space areas. 44 45 13.2 Conditional uses. The following uses are permitted, conditional upon the approval of the 46 planning commission in accordance with the procedures and subject to the general conditions set 47 forth in article 10, section 1: 48 49 (a) Parking lots and parking structures as a principal use. 50 (b) Places of public assembly. 51 (c) Manufacturing, assembling, converting, altering, finishing, cleaning, or any other 52 processing of products where goods so produced or processed are to be sold at retail 53 exclusively on the premises, provided that: 54 (1) An area fully concealed from any street and equal to not more than 20 percent 55 of the area devoted to retail sales shall be so used; 56 (2) Electrical power not to exceed a total of five rated horsepower, and steam 57 pressure not in excess of 60 pounds of pressure per square inch shall be used 58 exclusively; 59 (3) Not more than four employees are engaged in such production or processing. 60 (a) Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, 61 baking, or any other processing of products where goods so produced or processed 62 are to be sold at retail on the premises or online and where the size of the 63 establishment exceeds 5,000 square feet in floor area. 64 65 13.3 Uses prohibited. The following uses are prohibited: 66 67 (a) Fuel pumps and motor vehicle storage, sales, or repairs. 68 69 13.4 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet 70 parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas 71 associated with restaurants, outdoor gathering areas, and outdoor sales areas approved by the 72 city planner or approved as part of the site development plan approval required by article 3, 73 section 13.6. 74 75 13.5 Design standards. The following standards shall apply to the site and building 76 development in the central commercial zone (C-2): 77 78 13.51 Façade Articulation. Building facades should incorporate design elements to 79 provide a base, middle, and top of the building to reinforce the pedestrian scale at the 80 street level. 81 82 13.52 Height. For buildings greater than four (4) stories in height, then the upper 83 floors above the fourth story shall step back ten (10) feet on the primary facade. For 84 buildings greater than six (6) stories, then the upper floors above the sixth floor shall Page 134

Item #15. Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance with CCOW- LFA Amendment #1 Page 3 of 11 85 step back an additional ten (10) feet on the primary façade. These step backs areas 86 may begin at a lower height than these minimums as part of the building design in 87 order to be compatible with the character of the area. 88 89 13.52 Height. For buildings greater than four (4) stories in height, then the upper 90 floors above the fourth story shall step back six (6) feet for fifty percent (50%) of the 91 width of the primary facade. For buildings greater than six (6) stories, then the upper 92 floors above the sixth floor shall step back an additional six (6) feet on the primary 93 façade. These step back areas may begin at a lower height than these minimums as 94 part of the building design in order to be compatible with the character of the area. 95 96 13.53 Step back areas. The step back areas should be open to the sky and can be open 97 air balcony spaces or other design architectural features that are not enclosed spaces. 98 99 13.54 Off-street Parking. Off-street parking lots shall not be permitted to be situated 100 between the street line and the primary facade of the principal building. 101 Consideration should be given to locating parking to the side or rear of the building. 102 103 13.55 Screening. Any off-street parking lots provided shall be screened from the street 104 line by buildings, landscaping, or other means. Off-street parking lots shall be 105 screened from adjacent residential zones and residential uses. This screening 106 provision does not apply to adjacent alleys. 107 108 13.5 13.6 Performance standards. All uses are subject to performance standards as set forth in 109 article 5, section 8.1. 110 111 13.6 13.7 Site development plan approval. Site development plan approval in accordance with 112 article 10, section 2 hereof shall be required prior to the issuance of building permits for the 113 erection or enlargement of all structures and prior to the issuance of certificates of occupancy for 114 any change of use. 115 116 BE IT FURTHER ORDAINED: 117 118 That Appendix B – Zoning, Article 4 Section 4.14 amended by inserting the text indicated in bold, 119 blue font and deleting the text indicated in red strikeout as follows: 120 121 Section 4.14. - [C-1, C-1A, C-2, C-2A zones.] 122 Bulk and parking regulations for neighborhood commercial (C-1), limited commercial 123 (C-1A), central commercial (C-2), and limited commercial (C-2A) zones are as follows: 124 C-1 C-1A C-2 C-2A Minimum required: Lot area (sq. ft.) 2,500 Lot width (ft.) 25 Page 135

Item #15. Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance with CCOW- LFA Amendment #1 Page 4 of 11 C-1 C-1A C-2 C-2A Lot depth (ft.) 70 100 Front yard (ft.) 25 25 0 15 Side yard (ft.) None required, None required, None required, None required, but 5 feet min. but 5 feet min. but 5 feet min. if but 5 feet min. if if provided if provided provided provided Rear yard (ft.) 15 15 20 above ground 20 above ground floor. At ground floor. At ground floor, 5 ft. floor, 5 ft. required required Side or rear yards 15 15 15 25 which adjoin a residential zone (ft.) Off-street parking Per 300 sq. ft. 1 floor area or Per employee 1 (whichever is greater) Maximum permitted: Building height Stories 2 2 6 10 6 Feet 30 30 75 125 75 Floor area ratio 1.0 1.5 4.0 5.0 4.0 125 126 BE IT FURTHER ORDAINED: 127 128 That Appendix B – Zoning, Article 5 Section 6 amended by inserting the text indicated in bold, 129 blue font and deleting the text indicated in red strikeout as follows: 130 131 Section 6. - Dumpsters for trash and recycling. 132 133 6.1 Location of trash receptacles. In all zones of the City of Dover (except in residential zones 134 where standard City of Dover 90-gallon trash containers are used), all trash receptacles and bulk 135 recycling bins (excluding publicly operated recycling drop off centers), which shall be referred 136 to collectively as "dumpsters" in this ordinance, are to be situated in order to allow safe and 137 efficient access by trash collection vehicles, and shall be screened from public view. All 138 dumpsters must comply with the following regulations: 139 6.11 Location and screening required. All dumpsters must be located in approved locations on 140 the lot. Dumpsters must be placed on hard, paved, dust-free surfaces and may not be placed in 141 designated parking spaces, fire lanes, or access ways. Outside storage of trash, cardboard, or Page 136

Item #15. Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance with CCOW- LFA Amendment #1 Page 5 of 11 142 shipping pallets is prohibited. A dumpster enclosure is required to screen the dumpster from 143 view whenever these units are situated so that they will be visible from any public right -of-way 144 or from an adjacent property. 145 6.12 Minimum dumpsters required. 146 Use Dumpsters Required Restaurant Two required for the first 3,000 square feet of gross building area; one required for each additional 3,000 square feet of gross building area or fraction thereof Shopping center (excluding Two required for the first three stores; one required for each supermarkets or anchor store thereafter tenants) Supermarkets & anchor tenants Two required in addition to requirements for shopping center in shopping centers Office & retail less than 50,000 Two required for the first 16,000 square feet of gross floor area; square feet one required for each additional 16,000 square feet of gross floor area or fraction thereof Office & retail greater than Two required for the first 50,000 square feet of gross floor area; 50,000 square feet one required for each additional 24,000 square feet of gross floor area or fraction thereof Industrial, warehousing & Two required for the first 80,000 square feet of gross building institutional area; one required for each additional 40,000 square feet of gross building area or fraction thereof Apartment complex or Two required for the first 48 apartments; one required for each Apartment Building with additional 24 apartments or fraction thereof over 10 units Non-residential uses Two required per property 147 148 6.13 Selection of trash service. Applicants for site development plan approval shall specify the 149 proposed method of trash collection (side load or front load) at the time of application. A change 150 in the method of collection may require an alteration of the site plan, subject to approval of the 151 city planner or the planning commission. 152 6.14 Maneuvering space. Adequate off-street truck maneuvering space shall be provided on-lot 153 and not within any public street right-of-way or other public lands. Internal site circulation lanes 154 are to be designed with adequate turning radii to accommodate the size and efficient 155 maneuvering of trash collection vehicles. 156 6.15 Minimum dimensions for dumpster enclosures. All dumpster enclosures must be adequate 157 to screen dumpsters from public view. Enclosures for private collection must be no less than 158 seven feet in height. The height of enclosures for City of Dover collection may be no less than 159 five feet high. Page 137

Item #15. Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance with CCOW- LFA Amendment #1 Page 6 of 11 160 6.16 Enclosure construction. All dumpster enclosures shall be constructed of durable materials 161 that will withstand the normal use and wear expected in trash removal operations. Whenever a 162 dumpster, in its enclosure, will be visible from a public right-of-way, the appearance of the 163 dumpster enclosures shall complement the architecture of the principal building on the lot, and 164 be constructed with the same or similar exterior materials. 165 6.17 Gates. Gates are required whenever a dumpster, in its enclosure, will be visible from a 166 public right-of-way. Gates must be designed to swing back behind the front of the enclosure and 167 lock in the open position. If City of Dover trash service is provided, it is the responsibility of the 168 property owner or occupant to open and securely lock back the gates to allow for trash pick up. 169 The gates may be opened 12 hours prior to pick up, and must be closed within 12 hours after 170 pick up. 171 6.18 Reduction of dumpster requirement. When a use is required to provide dumpsters as part 172 of site development plan approval, the required number of dumpsters may be reduced under the 173 following circumstances: 174 a) Dumpster pads reserved for future use. An area of the site reserved for a dumpster 175 may be substituted for an actual dumpster. The provided area must be large enough to 176 accommodate a dumpster and must be accessible to trash collection services. The city 177 planner may require that the owner of record of the property provide a dumpster in the 178 reserved location, together with any enclosure required, upon determining there is need 179 for the additional dumpster. 180 b) Trash compactor substitution. Trash compactors may be substituted for ordinary 181 dumpsters at a two to one ratio. The city planner may approve a higher substitution ratio 182 if specifications are provided indicating the machine will achieve a correspondingly 183 higher trash compaction ratio. Trash compactors must meet the same location and 184 screening requirements as other dumpsters. Sites providing trash compactors must still 185 provide separate receptacles for recycling. 186 c) Alternative solutions. Alternative solutions for the storage of and collection 187 methods for trash and recycling receptables may be considered. The city planner or 188 planning commission may authorize alternative solutions. 189 6.2 Location and screening approval required. The locations of new dumpsters on a site and any 190 screening necessary shall be approved through the site development plan approval process, 191 according to the type of review required in article 10 of this appendix. 192 6.3 Unauthorized dumpsters. Any dumpster not previously approved through the site 193 development plan approval process may be required by the city planner to be moved, removed, 194 or screened if said dumpster is a nuisance to neighboring properties by virtue of its current 195 location. 196 197 BE IT FURTHER ORDAINED: 198 199 That Appendix B – Zoning, Article 6 Section 3.1 amended by inserting the text indicated in bold, Page 138

Item #15. Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance with CCOW- LFA Amendment #1 Page 7 of 11 200 blue font and deleting the text indicated in red strikeout as follows: 201 202 Section 3. - Required off-street parking spaces. 203 3.1 Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be 204 provided for any lot as specified in Article 4—Zoning Bulk and Parking Regulations, or as 205 specified below for each use in any zone, whichever is greater. 206 (a) Exceptions. 207 i. Where Article 3—District Regulations, specifies a minimum parking requirement, this 208 parking requirement shall prevail. 209 ii. For existing buildings within the C-2 zoning district, the requirements of Article 210 4, Section 4.14—[C-1, C-1A, C-2, C-2A zones zoned], bulk and parking regulations 211 governing the C-2 zoning district shall prevail. 212 iii. For new construction within the downtown redevelopment target area, as 213 described in appendix C of the Dover Code of Ordinances, there is no minimum off- 214 street parking requirement based on use. To utilize this exception, a parking 215 strategy statement must be submitted for review as part of the site development plan 216 approval required by appendix B, zoning, article 10, section 2. 217 For: At Least One Parking Space For Each Places of worship Two hundred (200) square feet of floor area, but not less than one (1) space for each four (4) seats, where provided Libraries Three hundred (300) square feet of floor area Medical offices—All types Three hundred (300) square feet of floor area Nursery school or kindergarten Adult attendant, plus one for every 20 children Elementary or junior high school Eight (8) seats in main auditorium/cafeteria or gymnasium High school, technical school, college or Five (5) seats in main auditorium/cafeteria or university gymnasium; if none, see Article 4—Zoning, Bulk and Parking Regulations Hospitals or sanitariums Three beds Page 139

Item #15. Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance with CCOW- LFA Amendment #1 Page 8 of 11 For: At Least One Parking Space For Each Apartments Two (2) per dwelling unit and one (1) for every two hundred (200) square feet of office space and 0.25 per dwelling unit for visitor space Roominghouses Guestroom Dormitories Three (3) beds Eating and drinking places Four (4) seats plus one (1) for every three (3) bar seats Funeral homes Two (2) employees, plus five (5) spaces for each chapel Hotels and motels Guestroom, plus one (1) for every 200 square feet of office space, banquet hall, or meeting areas Athletic fields, baseball, football or Three (3) seats boxing stadiums and arenas; race tracks Golf courses Per employee and four (4) parking spaces for each hole Golf or baseball driving range One-half (½) stall Airports Per employee and for each two (2) airplanes in storage 218 219 3.2 Areas computed as parking spaces. Areas which may be computed as open or enclosed off- 220 street parking spaces include any private garage, carport, or other area available for parking, 221 other than a street or driveway. However, a driveway within a required front yard for a one- 222 family or two-family residence may count as one parking space, other than a corner lot as 223 provided in article 5, section 1.3. 224 3.3 Location and ownership of required accessory parking facilities. Required accessory parking 225 spaces, open or enclosed, may be provided upon the same lot as the use to which they are 226 accessory, or elsewhere, provided all spaces therein are located within 150 feet walking distance 227 of such lot. In all cases, such parking spaces shall conform to the regulations of the district in 228 which they are accessory and shall be subject to deed restriction, filed with the city clerk, binding 229 the owner and his heirs and assigns to maintain the required number of spaces available either: 230 (a) Throughout the existence of such use to which they are accessory; or 231 (b) Until such spaces are provided elsewhere. Page 140

Item #15. Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance with CCOW- LFA Amendment #1 Page 9 of 11 232 3.4 Size of spaces. The minimum parking space dimensions shall be at least nine (9) feet in width 233 and at least 18 feet in length. Disabled accessible spaces shall meet ADA requirements. 234 3.5 Access. Unobstructed access to and from a street shall be provided. Each drive lane shall 235 have at least ten feet of width so that one-way drives have at least ten feet of width and that two- 236 directional drives have two lanes of ten feet each. Unless otherwise specified within this section, 237 access shall be provided by at least one two-directional drive lane or two one-directional drive 238 lanes. 239 3.6 Drainage and surfacing. 240 (a) All open permanent parking areas and access drives shall be properly drained and all 241 such areas shall be provided with paved asphalt, concrete or other hard, paved, dust-free 242 surface. 243 (b) All permanent parking areas shall be enclosed with upright concrete curbing at least 244 six inches in height. The city planner may relax this requirement for a portion of a parking 245 area when there is a demonstrated need to convey stormwater to a proposed or approved 246 stormwater management area. Curbing shall not be required for loading areas, 247 handicapped access and for parking spaces accessory to a one-family or two-family 248 residence (see also article 6, section 5.3). 249 3.7 Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces 250 designed to serve, jointly, two or more establishments, whether or not located on the same lot, 251 provided that the number of required spaces in such joint facilities shall be not less than the total 252 required for all such establishments. 253 3.8 Combined spaces. When any lot contains two or more uses having different parking 254 requirements, the parking requirements for each use shall apply to the extent of that use. Where 255 it can be conclusively demonstrated that one or more such uses will be generating a demand for 256 parking spaces primarily during periods when the other use or uses is not or are not in operation, 257 the planning commission may reduce the total parking spaces required for that use with the least 258 requirement. 259 (a) Campus Parking Plan. When a new building or building addition is made to a campus 260 involving multiple buildings under common ownership where one or more of the uses 261 will be generating demand for parking when the other use or uses are not in operation, 262 the applicant shall present a campus parking plan as a part of the site development plan 263 that includes an analysis of the parking needs based on the provisions of section 3.8 of 264 this article. 265 3.9 Adjustments to parking requirements. The planning commission or city planner, according 266 to the type of plan review required by appendix B, zoning, article 10, planning commission, may 267 reduce, in an amount not to exceed 50 percent, the number of parking spaces required when, in 268 the opinion of the commission, it has been demonstrated that the use is adequately served by 269 transportation and parking alternatives, including but not limited to: Page 141

Item #15. Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance with CCOW- LFA Amendment #1 Page 10 of 11 270 (a) Site plan proposals within the downtown redevelopment target area, as described in 271 appendix C of the Dover Code of Ordinances, may be granted a 20 percent reduction in 272 the amount of off-street parking normally required, due to the availability of mass transit, 273 municipal parking and existing pedestrian amenities. 274 (b) Designated off-street parking reserved for car pools, van pools, and bicycle parking 275 facilities, in accordance with the following schedule: 276 (1) Each carpool space shall be equivalent to three standard parking spaces. 277 (2) Each vanpool space shall be equivalent to five standard parking spaces. 278 (3) Every group of five bicycle parking spaces shall be equivalent to one standard 279 parking space. 280 (c) Employer participation in a traffic-mitigation plan approved by the Delaware 281 Department of Transportation. 282 (d) Cash-in-lieu of parking contributions toward the capital construction or improvement 283 of municipal parking facilities that are proposed. The cash-in-lieu of parking contribution 284 shall be in a monetary amount equivalent to the estimated cost of construction for the 285 number of standard surface parking spaces for which the reduction is sought. To take 286 advantage of this option, the developer shall submit to the city engineer a cost estimate 287 for the parking requested to be waived. The city engineer shall examine the estimate for 288 accuracy in current prevailing costs of construction at the time of proposal and shall 289 report to the planning commission his/her findings. 290 (e) Proposals involving superior urban design which contribute to an enhanced pedestrian 291 environment and which include such features as pedestrian plazas and pocket-parks, 292 pedestrian-way connections with existing sidewalk systems and community facilities, 293 park benches and other street furniture, mass transit connections and shelters, and 294 landscaping and shade tree plantings. 295 In all areas, except the downtown redevelopment target area, the planning commission or city 296 planner, according to the type of plan review required by appendix B, zoning, article 10, planning 297 commission, may require the development plans to have an area of open space designated where 298 parking could be constructed less than or equal to the number being reduced. In such cases the 299 plan shall bear a note which explains that the petitioner, in accepting a parking reduction, agrees 300 to construct such additional parking as is otherwise required under the provisions of this 301 appendix, if the planning commission, after a hearing, determines that the reasons for granting 302 said reduction no longer exist. In all such instances where the planning commission determines 303 that the reasons for granting a reduction no longer exist, the owner of record for the subject 304 property for which a reduction was previously granted must construct the parking required to 305 meet the regulations of the city during the next construction season. 306 3.10 Bicycle parking. Bicycle parking shall be provided for parking spaces at a rate of one 307 bicycle parking space for every 20 parking spaces or a fraction thereof. The planning commission Page 142

Item #15. Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance with CCOW- LFA Amendment #1 Page 11 of 11 308 may waive the requirement for the bicycle parking if it is demonstrated that bicycle parking 309 would not be appropriate for safety reasons or due to the nature of the use of the site. 310 311 BE IT FURTHER ORDAINED: 312 313 That Appendix B – Zoning, Article 12 – Definitions be amended by inserting the text indicated in 314 bold, blue font in appropriate alphabetical order: 315 316 Live-work unit: A first floor business use, such as an office, studio, shop, café, service 317 establishment, personal service establishment, or other permitted use in combination with 318 an office and a dwelling unit located above such place of business. A person or persons other 319 than the proprietor of the first floor business may occupy the dwelling unit portion of a Live- 320 work unit. 321 322 323 324 ADOPTED: * 325 326 327 SYNOPSIS 328 This is a series of text amendments to the Zoning Ordinance provisions of the C-2 (Central 329 Commercial Zone) and related development provisions. These amendments revise the permitted 330 uses and the conditional uses, add design standards, and revise the bulk standards for height and 331 floor area ratio (FAR) of the C-2 (Central Commercial Zone). There are proposed revisions to 332 other sections of the Zoning Ordinance related to parking requirements and Dumpsters. These text 333 amendments are offered for consideration as part of the implementation of the Transforming 334 Downtown Dover: Capital City 2030 (Transforming Downtown Dover) Plan. 335 336 (SPONSORS: *) (INITIATION BY THE CITY PLANNER) 337 338 Following public comments and discussion by the Council Committee of the Whole – Legislative, 339 Finance, and Administration Committee, Staff evaluated the design standards for height related to 340 the step back provisions as proposed in the Draft Ordinance. The Council Committee of the Whole 341 - Legislative, Finance, and Administration Committee (CCOW-LFA) Amendment #1 revises the 342 proposed step back provision from a distance of ten (10) feet to six (6) feet in certain areas of the 343 primary façade. 344 345 346 Actions History: 347 1/22/2024 Scheduled for First Reading – City Council 348 1/9/2024 - Introduced at Council Committee of the Whole/Legislative Finance, and Administration 349 Committee 350 Page 143