06-10-24 Regular Council-Revised

CITY OF DOVER, DELAWARE REGULAR CITY COUNCIL MEETING Monday, June 10, 2024 at 6:30 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA THIS AGENDA AND PACKET HAVE BEEN REVISED BY EDITING ITEMS #27A CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS - ONE- YEAR TERM TO EXPIRE MAY 2025, #32B ECONOMIC DEVELOPMENT COMMITTEE - ONE-YEAR TERM TO EXPIRE MAY 2025 , #43A UNSHELTERED AND AFFORDABLE HOUSING LIAISON - ONE-YEAR TERM TO EXPIRE MAY 2025 & 44A HIGHER EDUCATION LIAISON - ONE-YEAR TERM TO EXPIRE MAY 2025 AND REMOVING ITEMS #41 CITY OF DOVER EMPLOYEE LIAISON- ONE-YEAR TERM TO EXPIRE MAY 2025 & #49 SETTING OF ELECTRIC, WATER, AND WASTEWATER RATES AND TARIFFS. 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/ym3ipj Event number: 2530 401 4130 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

REGULAR CITY COUNCIL MEETING - June 10, 2024 PAGE 2 PLEDGE OF ALLEGIANCE - Councilman Boggerty 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. RESOLUTIONS 1. Resolution No. 2024-09 - Approval of the 2024 Community Development Block Grant (CDBG) Action Plan 2. Resolution No. 2024-10 - Honoring the 95th Birthday of Reuben Salters 3. Resolution No. 2023-18 - Censure of Councilman William F. Hare PUBLIC HEARING 4. Electric Revenue Fund Budget (Staff Recommendation: Deferral of the Electric Revenue Fund Budget Public Hearing to the Regular Council Meeting scheduled for Monday, June 24, 2024, due to Delaware State News' inability to fulfill the agreed-upon deadline of May 31, 2024, to run the public hearing ad necessary for code compliance.) FINAL READING - The First Reading of the Proposed Ordinance was accomplished during the Council meeting of APRIL 22, 2024. The ordinance is available at the entrance of the Council Chambers and on the City's website at www.cityofdover.com under "Government." 5. Proposed Ordinance #2024-11 - Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive Ordinance #2024-11 - Review and Recommendation of a Rezoning application for a parcel of land consisting of 1.1024 acres +/-. The property is zoned C-PO (Commercial and Professional Office Zone). The proposed zoning for the property is IO (Institutional and Office Zone). The property is located on the east side of College Park Drive (a private street) and north of State College Road. (The owner of record is Chiang & Sons Properties, LLC. Property Address: 1241 College Park Drive. Tax Parcel: ED-05-067.00-02-12.08-000. Council District 4.) Planning Reference Z-24-05. CONSENT AGENDA ADOPTION OF MINUTES 6. Regular City Council Meeting of May 13, 2024

REGULAR CITY COUNCIL MEETING - June 10, 2024 PAGE 3 COMMITTEE REPORTS 7. Council Committee of the Whole Report May 14, 2024 Utility Committee 8. Proposed Ordinance #2024-20 - Amending Chapter 110 - Utilities, Article V - Stormwater (Mark Nowak, Public Works Director) (Committee Recommendation: Approval of Ordinance #2024-20) 9. Proposed Ordinance #2024-21 - Amending Chapter 98 - Streets, Sidewalks, Storm Sewers, and Other Public Places, Article IX - Street Sweeping, and Article X - Leaf Collection Services (Mark Nowak, Public Works Director) (Committee Recommendation: Approval of Ordinance #2024-21) 10. Stormwater Utility Credits, Grants, and Appeals Manual - Updated May 2024 (Mark Nowak, Public Works Director) (Committee Recommendation: Approve as recommended) Legislative, Finance, and Administration Committee 11. Discussion - Celebrating 250 Years of America's Independence (Councilman Anderson) (Committee Action Not Required) 12. Proposed Ordinance #2024-14 - Amending Chapter 1 - General Provisions, Sec. 1-17. - General penalty; separate offenses; unpaid fines (Eddie Kopp, Chief Code Enforcement Officer) (Committee Recommendation: Approval of Ordinance #2024-14) 13. Proposed Ordinance #2024-15 - Amending Chapter 22 - Buildings and Building Regulations (Eddie Kopp, Chief Code Enforcement Officer) (Committee Recommendation: Approval of Ordinance #2024-15) 14. Proposed Ordinance #2024-16 - Amending Chapter 46 - Fire prevention and protection (Eddie Kopp, Chief Code Enforcement Officer) (Committee Recommendation: Approval of Ordinance #2024-16) 15. Proposed Ordinance #2024-17 - Amending Chapter 90 - Solid Waste, Sec. 90-16. - Violations; penalties (Eddie Kopp, Chief Code Enforcement Officer) (Committee Recommendation: Approval of Ordinance #2024-17)

REGULAR CITY COUNCIL MEETING - June 10, 2024 PAGE 4 16. Proposed Ordinance #2024-18 - Amending Chapter 114 - Vegetation, Article II - Weeds, Sec. 114-34. - Fines (Eddie Kopp, Chief Code Enforcement Officer) (Committee Recommendation: Approval of Ordinance #2024-18) 17. Proposed Ordinance #2024-19 - Amending Appendix F - Fees and fines (Eddie Kopp, Chief Code Enforcement Officer) (Committee Recommendation: Approval of Ordinance #2024-19) MONTHLY REPORTS - April 2024 18. City Council’s Community Enhancement Fund Report 19. City Manager’s Report 20. Controller/Treasurer's Budget Report 21. Fire Chief's Report 22. Police Chief's Report APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN 23. Election Board - Three-Year Term to Expire May 2027 A. Alfreda F. Dean - First District B. Dr. Cherritta L. Matthews - Second District 24. Construction and Property Maintenance Code Board of Appeals - One-Year Term to Expire May 2025 A. Matthew D. Campana - Representative of Homeowners B. Charles Martin - Representative of Local Real Estate Industry Association APPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT ANDERSON (DEFERRED DURING THE ANNUAL MEETING OF MAY 13, 2024) 25. Council Committee of the Whole Subcommittee Chairs- One-Year Term to Expire May 2025 A. Legislative, Finance and Administration Committee - Councilman Gerald L. Rocha, Sr. B. Parks, Recreation, and Community Enhancement Committee - Councilwoman Tricia K. Arndt C. Safety, Advisory, and Transportation Committee - Councilman Andre M. Boggerty D. Utility Committee - Councilman Fred A. Neil 26. City Chaplain- One-Year Term to Expire May 2025 A. Elder Ellis B. Louden 27. Construction and Property Maintenance Code Board of Appeals - One-Year Term to Expire May 2025 A. Councilman Andre M. Boggerty

REGULAR CITY COUNCIL MEETING - June 10, 2024 PAGE 5 B. Councilman Fred A. Neil C. Councilman Gerald L. Rocha, Sr. 28. General Employee Pension Plan Board - One-Year Term to Expire May 2025 A. Councilwoman Julia M. Pillsbury B. Councilman Gerald L. Rocha, Sr. 29. Other Post-Employment Benefits (OPEB) Board – One-Year Term to Expire May 2025 A. Councilwoman Julia M. Pillsbury B. Councilman Gerald L. Rocha, Sr. 30. Police Pension Plan - Retirement Committee - One-Year Term to Expire May 2025 A. Councilwoman Julia M. Pillsbury B. Councilman Gerald L. Rocha, Sr. 31. Downtown Dover Partnership Board of Directors - One-Year Term to Expire May 2025 A. Councilwoman Tricia K. Arndt B. Councilman Fred A. Neil 32. Economic Development Committee - One-Year Term to Expire May 2025 A. Councilwoman Julia M. Pillsbury B. Councilman Fred Neil 33. Kent County Tourism Board - One-Year Term to Expire May 2025 A. Councilman Fred A. Neil 34. Kent Economic Partnership Board of Directors – One-Year Term to Expire May 2025 A. Mayor Robin R. Christiansen (Council President Designee) 35. Human Relations Commission Liaison - One-Year Term to Expire May 2025 A. Councilman Roy Sudler, Jr. 36. City/County Committee - (Liaison to Kent County) - One-Year Term to Expire May 2025 A. Councilwoman Tricia K. Arndt 37. Central Delaware Chamber of Commerce Liaison – One-Year Term to Expire May 2025 A. Councilwoman Julia M. Pillsbury B. Councilman William F. Hare 38. Education Liaison – One-Year Term to Expire May 2025 A. Councilwoman Julia M. Pillsbury 39. Healthcare Liaison - One-Year Term to Expire May 2025 A. Councilwoman Julia M. Pillsbury 40. Dover Air Force Base (DAFB) Liaison - One-Year Term to Expire May 2025 A. Councilman William F. Hare 41. Community Engagement Liaison - One-Year Term to Expire May 2025 A. Councilman Andre Boggerty

REGULAR CITY COUNCIL MEETING - June 10, 2024 PAGE 6 42. Unsheltered and Affordable Housing Liaison - One-Year Term to Expire May 2025 A. Councilman Gerald L. Rocha, Sr. 43. Higher Education Liaison - One-Year Term to Expire May 2025 A. Councilwoman Tricia K. Arndt 2024/25 ANNUAL COMMITTEE APPOINTMENTS - COUNCIL COMMITTEE OF THE WHOLE SUBCOMMITTEES - RECOMMENDED BY COUNCIL PRESIDENT ANDERSON AND COMMITTEE CHAIRS (DEFERRED DURING THE ANNUAL MEETING OF MAY 13, 2024) 44. Legislative, Finance, and Administration Committee A. William Garfinkel (Recommended by Chairman Rocha) B. Daniel T. Shevock (Recommended by Council President Anderson) 45. Parks, Recreation, and Community Enhancement Committee A. Michael Tholstrup (Recommended by Chairwoman Arndt) B. Michael W. Lewis (Recommended by Council President Anderson) 46. Safety Advisory and Transportation Committee A. Vonderlear Smack (Recommended by Chairman Boggerty) B. Chanda P. Jackson (Recommended by Council President Anderson) 47. Utility Committee A. Esosa Iriowen (Recommended by Chairman Neil) B. Michael Pugh (Recommended by Council President Anderson) ITEMS NOT ON THE CONSENT AGENDA 48. Luther Village Planned Neighborhood Design (PND) Senior Citizen Housing Option - Sketch Plan Review (Staff Recommends that City Council determine that Luther Village IV: Planned Neighborhood Design - Senior Citizen Housing Option is of such a Design and Type that warrants Further Review by the Planning Commission. Staff Further Recommends that City Council Refer the Proposal to the Planning Commission for Further Review. Planning Reference: MI-24-06) 49. Tentative Labor Contract with Fraternal Order of Police (FOP) 50. Stormwater Utility Credits, Grants, and Appeals Manual - Updated May 2024 (Mark Nowak, Public Works Director) (Committee Recommendation: Approve the Stormwater Utility Credits, Grants, and Appeals Manual with Staff Amendment to 3.4 Charge Adjustment Appeals Applications Procedures.) ORDINANCES FIRST READING - The First Reading is offered on the Proposed Ordinance. Final action by Council will take place during the Second Reading on JUNE 24, 2024. The ordinance is available at

REGULAR CITY COUNCIL MEETING - June 10, 2024 PAGE 7 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. 51. Proposed Ordinance #2024-20 - Amending Chapter 110 - Utilities, Article V - Stormwater (Mark Nowak, Public Works Director) 52. Proposed Ordinance #2024-21 - Amending Chapter 98 - Streets, Sidewalks, Storm Sewers, and Other Public Places, Article IX - Street Sweeping, and Article X - Leaf Collection Services (Mark Nowak, Public Works Director) 53. Proposed Ordinance #2024-14 - Amending Chapter 1 - General Provisions, Sec. 1-17. - General penalty; separate offenses; unpaid fines (Eddie Kopp, Chief Code Enforcement Officer) 54. Proposed Ordinance #2024-15 - Amending Chapter 22 - Buildings and Building Regulations (Eddie Kopp, Chief Code Enforcement Officer) 55. Proposed Ordinance #2024-16 - Amending Chapter 46 - Fire prevention and protection (Eddie Kopp, Chief Code Enforcement Officer) 56. Proposed Ordinance #2024-17 - Amending Chapter 90 - Solid Waste, Sec. 90-16. - Violations; penalties (Eddie Kopp, Chief Code Enforcement Officer) 57. Proposed Ordinance #2024-18 - Amending Chapter 114 - Vegetation, Article II - Weeds, Sec. 114-34. - Fines (Eddie Kopp, Chief Code Enforcement Officer) 58. Proposed Ordinance #2024-19 - Amending Appendix F - Fees and fines (Eddie Kopp, Chief Code Enforcement Officer) 59. Proposed Ordinance #2024- 26 - Fiscal Year 2024/2025 City of Dover Budget Ordinance FINAL READING - The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of MAY 13, 2024. The ordinance is available at the entrance of the Council Chambers and on the City's website at www.cityofdover.com under "Government." 60. Proposed Ordinance #2024-12 - Amending Chapter 38 - Emergencies by adding Article III - Emergency Services 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