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ANNUAL Council Minutes-Corrected 06-03-2020

City Council Meetings. 13 me 2019.

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ANNUAL COUNCIL MEETING Corrected June 3, 2020 The Annual Council Meeting was held on May 13, 2019 at 7:30 p.m. with Mayor Christiansen presiding. Council members present were Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, Mr. Hare, Mr. Lindell and Mr. Slavin. Mr. Anderson was absent. Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fire Chief Rhodes, City Solicitor Rodriguez, and Mrs. McDowell. The colors were presented by Dover High School Air Force Junior Reserve Officer Training Corps (AFJROTC), followed by the invocation given by Reverend Elmer N. Davis Sr., Whatcoat United Methodist Church and Dover Police Department Chaplain. The Pledge of Allegiance was led by St. John's Lutheran School students and the National Anthem was sung by Crystal Solomon of Dover High School. ADOPTION OF AGENDA Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Mr. Neil moved for approval of the consent agenda, seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 22, 2019 The Minutes of the Regular Council Meeting of April 22, 2019 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen. OATHS OF OFFICE ADMINISTERED BY THE HONORABLE WILLIAM L. WITHAM, JR., RESIDENT JUDGE - SUPERIOR COURT, AND THE HONORABLE KENNETH S. CLARK, JR., JUDGE - SUSSEX COUNTY COURT OF COMMON PLEAS The Honorable William L. Witham, Jr., Resident Judge, Superior Court, and the Honorable Kenneth S. Clark, Jr., Judge, Sussex County Court of Common Pleas, administered the Oaths of Office, as follows: Mayor - Robin R. Christiansen Council - First District - Matthew J. Lindell Council - Second District - Ralph L. Taylor, Jr. Council - Third District - Scott W. Cole Council - Fourth District - Roy Sudler, Jr. ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR Mayor Christiansen opened the floor for nominations for Council President/Vice-Mayor for 2019/2020. Mr. Polce moved to nominate Mr. Hare to serve as Council President/Vice-Mayor for 2019/2020, seconded by Mr. Neil. Mr. Lindell moved to close nominations, seconded by Mr. Neil and unanimously carried.

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 2 The motion to elect William F. Hare to serve as Council President/Vice-Mayor for 2019/2020 was unanimously carried. PROCLAMATION - COMMUNITY ACTION MONTH The City Clerk read the following Proclamation into the record: WHEREAS, for the past 53 years, First State Community Action Agency has improved the lives of scores of individuals and families throughout the City of Dover by promoting solutions to a broad range of challenges. The Agency strives to ignite economic growth and promote economic stability, which builds stronger communities, fosters self-sufficiency, and helps to ensure that all citizens are able to live in dignity; and WHEREAS, First State Community Action Agency has provided greater opportunities for those in need of assistance by creating pathways to prosperity through programs that offer benefits such as job training, affordable housing, and utility assistance for seniors; and WHEREAS, First State Community Action Agency offers innovative solutions that create a greater chance of success for everyone and continues to be a voice for the disenfranchised in our community. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim May 2019 as COMMUNITY ACTION MONTH in the City of Dover in recognition of the hard work and dedication of First State Community Action Agency. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Ms. Bernice Edwards, Executive Director, and Ms. Sade' Truiett, Public Relations Specialist of First State Community Action Agency. PROCLAMATION - PUBLIC WORKS WEEK The City Clerk read the following Proclamation into the record: WHEREAS, our public works professionals focus on infrastructure and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the City of Dover; and WHEREAS, these infrastructure and services could not be provided without the dedicated efforts of public works professionals of the City of Dover Department of Public Works' Grounds, Sanitation, Streets, Water, Wastewater, Water Treatment and Production, Engineering and Inspections, and Administration Divisions, who are responsible for operating, maintaining, improving and protecting our City's properties and local environment, solid waste systems, rights-of-way, water supply, and water and wastewater systems which are essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children of the City of Dover to gain and maintain knowledge and progressive interest regarding the importance of public works and public works programs in the community; and

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 3 WHEREAS, the American Public Works Association 2019 National Public Works Week theme, "It Starts Here," embraces the fact that citizens' quality of life starts with public works and represents the many facets of our modern community that grow out of the efforts of our public works professionals including infrastructure, growth and innovation, mobility, security, and a healthy community which are of vital importance to the City of Dover. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim May 19 - 25, 2019 as PUBLIC WORKS WEEK in the City of Dover, and urge all citizens and organizations to learn more about the topics involved in providing public works, and to recognize the contributions that the dedicated Department of Public Works' employees make every day to our health, safety, comfort, and quality of life. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mrs. Sharon Duca, Director of Public Works. STATE OF THE CITY MESSAGE - MAYOR ROBIN R. CHRISTIANSEN Mayor Christiansen presented the State of the City address, as follows: “Good evening Mr. President, Honored Members of Council, Staff, and my fellow Doverians. It is again a great honor and extreme pleasure to be able to deliver the address on the State of the City of Dover. Never in my wildest dreams did I ever imagine many years age as a child, when I had the honor of meeting the late Mayor Crawford Carrol, that one day I would stand here as he did - to share with all of you the State of the City of Dover. As Mayor, I believe this is the best job that any public servant could ever have to make a positive difference in the lives of our citizens and in the future of our city. "Service to others" has always been my family's motto passed on to me from my mother and father. That is always the focus of my daily mission. While my father is no longer with us, my mother is - Thanks Mom. A big thank you to my wife Cindy, my children and grandchildren, who assist me with the struggles and celebrate the triumphs of being with me during this journey as Mayor. They do a great job, tolerating the many moods of Robin Christiansen. Thank you. To President Slavin and the Members of Council I salute you for your continued service and your commitment to the citizens of Dover. We may not always agree as a body politic on all of the issues, which we can debate in earnest, but our pledge remains the same to make Dover a better place to live, work and play - not just for one specific district, but also for all of our citizens today and in the future. I also want to recognize ALL City staff who work tirelessly to deliver "community excellence though quality service'. I want to thank our employees in every department for striving for that excellence each and every day.

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 4 Today, I must once again thank one individual who has been an integral part of the Dover Team. Chief Marvin Mailey has served his country, his state and his city for more than 25 years with dedication, integrity and distinction. Please join me in a round of applause for Chief Marvin Mailey who will be retiring at the end of the week. Good luck to the Chief and his family as he sets out on his next life's adventure. Today, we live in a safer city because of Chief Mailey and the men and women of the Dover Police Department. As we move forward with those efforts, we will continue to enlist the assistance from all of our citizens to help us make each and every neighborhood in our city safe and secure. Community policing is a partnership of trust that we must mutually build on each day. I would be remiss not to recognize the dedicated men and women of the Robbin's Hose Company No. 1 - the Dover Fire Department. They are the only all volunteer Fire Department protecting a state capitol city. Thank you all for your service and commitment to saving lives and protecting property. The volunteer firefighters truly are neighbors helping neighbors. Our efforts for Economic Development have and will continue to move forward vigorously. Through partnership with the Kent Economic Partnership, the Greater Kent Committee, our friends at Kent County Levy Court and other municipalities we now have a focused game plan to market Central Delaware as well as the City of Dover to bring jobs to the area so all of our citizens can share in the economic prosperity and the American dream. We likewise will continue to work with the institutions of higher education, Delaware State University, Delaware Technical Community College, University of Delaware, Wesley College and Wilmington University as well as our local school districts to prepare a highly qualified work force, tempered with a positive work ethic for the jobs and industries we hope will choose Central Delaware. We must continue to look for workable and realistic solutions to the issues of affordable housing and the issue of homelessness. The Mayor's Task Force works diligently to do just that and has come up with several recommendations to address this matter; A quick read of those proposals shows that the focus of that effort is to permanently house, counsel and empower people to change their circumstance rather than continue and prolong their unfortunate plight. The State of Delaware spends tens of millions of dollars to aid in the battle of homelessness a year. These are federal and state tax dollars, allocated to the State of Delaware to use as they see fit - this includes programming needs, education, emergency housing and sheltering, food assistance, long term housing solutions and more. No one has all of the answers, but between the efforts that the Mayor's Task Force has made and the dedication of the State of Delaware, we remain confident that this

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 5 most important issue of homelessness and rough sleeping will eventually be resolved. We continue to collaborate with Habitat for Humanity, NCALL and other organizations to build families and build affordable homes for all our citizens. Revitalizing our community - one home at a time. We meet monthly with the IMA (Interdenominational Ministers Association) for the betterment of all our community regardless of race, religion, color or national origin. This dialogue is led by myself, Reverend Ted Henderson and Reverend Rita Paige. This dialogue has developed programs for reentry after incarceration, expungements as well as pardons for people to reenter the main stream of society. Likewise, the IMA has sponsored job fairs to seek jobs for youth, the unemployed and the under employed, through the leadership of Mrs. Justina Brewington - Comer. Another partnership of the City of Dover and its citizens working together for the common good of all. Finally, I am asking Council to join with me and our able staff to end blight and abandoned houses and structures in our city. I am asking for changes in the laws that appear to make the city complacent with blight and its impact on the property values across our great city. I am asking Council to put more teeth in those regulations and ordinances, to streamline and expedite that process. I am asking that we hold private owners, banks and mortgage companies accountable for the conditions of their holdings. I am asking that we expedite this process. Instead of it taking years to months, it needs to be a matter of days to resolve these dangerous structures. I request your consideration to increase funding for demolition of properties that are uninhabitable and dangerous in our community. I am asking that in return, staff utilize the funds that are budgeted annually to move demolition of these buildings forward rapidly and that the Inspections Department be staffed as needed to that end. I would encourage an independent review board to handle the disposition of those properties. We need to show the citizens of Dover that we are truly committed to looking out for our community. This we must do and we must do in good faith and we must do this now. The City of Dover is a thriving community. Our City is filled with history, beauty and promise and has so much potential for each of us to share with others. Please join me in the next chapter of this great adventure called Dover. Three hundred and two years young and still growing strong - a city whose best days are ahead of us. I know some people tire of hearing this - but I believe in Dover ... and I hope you believe in Dover too.” COUNCIL COMMITTEE OF THE WHOLE REPORT - APRIL 23, 2019 The Council Committee of the Whole met on April 23, 2019 at 6:09 p.m. with Councilman Hare presiding until the arrival of Council President Slavin (arrived at 6:17 p.m.). Members of Council present were Mr. Anderson, Mr. Neil, and Mr. Polce. Mr. Sudler, Mr. Cole, and Mr. Lindell were absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were and

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 6 Mrs. Haass (Utility), and Mr. Shevock (Legislative, Finance, and Administration). Mrs. Doyle (Utility) was absent. By unanimous consent, the agenda was amended to reverse the order of the committees. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Hare presiding. AGENDA ADDITIONS/DELETIONS Mr. Neil moved for approval of the agenda, seconded by Mr. Polce and unanimously carried. Proposed Resolution No. 2019-06 Authorizing the Issuance and Sale of up to $5,700,000 General Obligation Bond of the City of Dover to Refinance Certain Prior Debt and Authorizing All Necessary Action in Connection Therewith Ms. Lori Peddicord, Controller/Treasurer, reviewed proposed Resolution No. 2019-06 Authorizing the Issuance and Sale of up to $5,700,000 General Obligation Bond of the City of Dover to Refinance Certain Prior Debt and Authorizing All Necessary Action in Connection Therewith. Staff recommended adoption of Resolution No. 2019-06. Mr. Neil noted that a refinancing typically results in a savings and asked what kind of savings this refinancing would mean to the taxpayers. In response, Mrs. Peddicord stated that she did not have the savings broken out; however, since the assumption is that the rates are going to continuously increase and the 2014 bond is a variable rate bond, there would be a savings over the remaining life of the bond if the City can lock in the rate at 2.5%. Responding to Mr. Anderson, Mrs. Peddicord stated that she believed the rate for the 2012 bond was 2.6% and she thought the new rate would be close to that. In response to Mayor Christiansen, Mrs. Peddicord confirmed that no paper certificates of the bonds would be issued, they are all book entry. Mr. Polce stated that he appreciated staff’s due diligence regarding this matter, noting that he thought it would be advantageous to consolidate these bonds. The Committee recommended adoption of Resolution No. 2019-06, as recommended by staff. By consent agenda, Mr. Neil moved for approval of the Committee's recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent).

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 7 Downtown Dover Business Improvement District (BID) Budget and Assessment (Tax) Rates for Fiscal Year 2019-2020 Mrs. Cheryl Bundek, Tax Assessor, advised members that staff recommended deferring consideration of the Proposed Budget and Assessment (Tax) Rates for Fiscal Year 2019-20 until the next Council Committee of the Whole/Legislative, Finance, and Administration Committee meeting. Mr. Anderson noted his belief that the current rate was set to zero and asked to see that brought into the comparison when this matter is brought forward for consideration. The Committee deferred consideration of the Proposed Budget and Assessment (Tax) Rates for Fiscal Year 2019-20 until the next Council Committee of the Whole/Legislative, Finance, and Administration Committee meeting. Proposed Amendments to Employee Handbook - Part-Time Employment Hours and Benefit Eligibility Mrs. Kim Hawkins, Human Resources Director, reviewed the proposed amendments to the Employee Handbook regarding part-time employment hours and benefit eligibility. Staff recommended approval of the Personnel Handbook amendments to provide the ability for non-bargaining part-time positions to work up to 29 hours per week. Responding to Mr. Neil, Mrs. Hawkins explained that employees who currently work less than 40 hours per week are technically considered part-time. She advised that employees who work 20 hours per week are entitled to sick and vacation time and, if they take off a shift, the City has to backfill four (4) hours, so the City typically keeps part-time employees at 19 hours per week. In response to Mr. Hare, Mrs. Hawkins confirmed that employees working 29 hours per week would still not be eligible for health insurance, or sick or vacation leave. She stated that, by law, they would still be covered by worker’s compensation leave. Mr. Anderson stated that he thought this was a good proposal, noting that he thought it would help with staff coverage in certain critical divisions, like the Police Cadets. He explained that he thought this would provide more security for the people of the City, and it works well within the Federal standards. He asked that future consideration be given to grant part-time employees eligibility for bereavement leave, noting that it would not cost the City money like vacation time and is not something that accumulates. Mrs. Hawkins stated that she thought Mr. Anderson brought up an excellent point, and advised members that this amendment would affect the six (6) cadets currently budgeted for, as well as three (3) employees at the recreation center and three (3) employees at the Library.

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 8 Mr. Hare stated that he thought that this would be beneficial for those employees because they would be able to earn more money by being able to work 29 hours. He noted that although they would not have benefits, they did not have them before. In response, Mrs. Hawkins reminded members to keep in mind that these employees were hired with the assumption that they would be working 19 hours, so some of them may only want to work 19 hours; however, this amendment would give them the option to work up to 29 hours if they want to. She stated that she would not recommend terminating a current employee to find someone who wants to work 29 hours. Mayor Christiansen stated that he thought this amendment was a great idea and expressed his hope that Council would endorse it. He noted that during the recruitment process for cadets, they had found that some of them were interested in working more hours than the City would allow. Mayor Christiansen stated that this amendment would allow the cadets to work more hours, which would result in more coverage. The Committee recommended approval of the Personnel Handbook amendments to provide the ability for non-bargaining part-time positions to work up to 29 hours per week, as recommended by staff. By consent agenda, Mr. Neil moved for approval of the Committee's recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent). UTILITY COMMITTEE The Utility Committee met with Council President Slavin presiding in the absence of Chairman Cole. Evaluation of Bids - Generator Maintenance Mrs. Sharon Duca, Public Works Director, reviewed the background and analysis for the evaluation of bids for generator maintenance. Staff recommended awarding a three (3) year contract with the option for two (2) one (1) year extensions to Roy's Electric, Inc. as per the bid submitted in response to ITB #19-0016COD. The Committee recommended approval of staff’s recommendation. By consent agenda, Mr. Neil moved for approval of the Committee's recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent). By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent).

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 9 MONTHLY REPORTS - MARCH 2019 By motion of Mr. Neil, seconded by Mr. Lindell, 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 QUARTERLY REVIEW - CAPITAL INVESTMENT PLAN (CIP)(JANUARY, FEBRUARY, AND MARCH) Members were provided the Quarterly Capital Investment Plan (CIP) as of March 31, 2019. By consent agenda, Mr. Neil moved for acceptance of the Quarterly Capital Investment Plan (CIP) as of March 31, 2019. The motion was seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent). SETTING OF PUBLIC HEARING - ELECTRIC FUND BUDGET A public hearing on the Electric Revenue Fund Budget is required for compliance with the City of Dover Electric Revenue Bonds Resolution prior to adoption of the budget. Staff recommended that the public hearing be set for June 10, 2019 at 7:30 p.m. Mr. Neil moved to set a public hearing for June 10, 2019 at 7:30 p.m. for the 2019/2020 City of Dover Electric Fund Budget, seconded by Mr. Polce and unanimously carried. 2019/20 CITY COUNCIL ANNUAL STAFF APPOINTMENTS By consent agenda, Mr. Neil moved for approval of the Staff Appointments for 2019/2020, seconded by Mr. Lindell and, by a unanimous roll call vote (Anderson absent), the following appointments were made: City Assessor - Cheryl A. Bundek Building Inspector - David S. Hugg III City Clerk - Traci A. McDowell Assistant City Clerk - Denise L. Devine Controller/Treasurer - Lori Peddicord Assistant Controller/Treasurer - Kimberly A. Cruz Assistant Treasurers - Denise L. Devine - Traci A. McDowell Fire Marshal - Jason A. Osika City Solicitor - Nicholas H. Rodriguez Deputy City Solicitor - William W. Pepper, Sr.

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 10 2019/20 COUNCIL PRESIDENT ANNUAL APPOINTMENTS By motion of Mr. Hare, seconded by Mr. Cole, the 2019/2020 Council President Annual Appointments were unanimously deferred and current members were requested to continue serving until the appointments/reappointments are made. 2019/20 MAYORAL ANNUAL APPOINTMENTS By consent agenda, Mr. Neil moved to defer the 2019/20 Mayoral Annual Appointments until May 28, 2019. The motion was seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent). RESOLUTION NO. 2019-07 AUTHORIZING SIGNATURES FOR BANKING SERVICES ON BEHALF OF THE CITY OF DOVER, DELAWARE - CONTROLLER/TREASURER, ASSISTANT CONTROLLER/TREASURER, AND ASSISTANT TREASURERS By consent agenda, Mr. Neil moved for adoption of Resolution No. 2019-07. The motion was seconded by Mr. Lindell and, by a unanimous roll call vote (Anderson absent), Council adopted the following Resolution: A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES ON BEHALF OF THE CITY OF DOVER, DELAWARE WHEREAS, the City of Dover's investment policy includes the investment of funds up to $100,000 per banking institution, investments in the State of Delaware Investment Pool, and the purchase and sale of investment grade corporate bonds, and U.S. Treasury and agency securities; and WHEREAS, the banking institutions, brokerage firms, trust companies, and other various financial institutions require an Authorizing Resolution for the opening of accounts, and for purchasing, selling, transferring, assigning, and handling securities. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that the Controller/Treasurer, Assistant Controller/Treasurer and Assistant Treasurers are hereby authorized to open accounts with banking institutions and purchase, sell, transfer, assign, and handle securities and that they are authorized to sign all related forms; BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one signature; and That the following are the office holders authorized for these purposes, until further notice: Lori Peddicord - Controller/Treasurer Kimberly A. Cruz - Assistant Controller/Treasurer Denise L. Devine - Assistant Treasurer Traci A. McDowell - Assistant Treasurer ADOPTED: MAY 13, 2019

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 11 RESOLUTION NO. 2019-08 APPROVING THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN By consent agenda, Mr. Neil moved for adoption of Resolution No. 2019-07. The motion was seconded by Mr. Lindell and, by a unanimous roll call vote (Anderson absent), Council adopted the following Resolution: A RESOLUTION APPROVING THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN WHEREAS, the City of Dover is entitled to $282,307 through the United States Department of Housing and Urban Development Community Development Block Grant program; and WHEREAS, the City of Dover has prepared the 2019 Action Plan, in accordance with the United States Department of Housing and Urban Development guidelines, that serves as the primary planning document for identifying and meeting the housing and community development needs for the low and moderate-income residents of Dover; and WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant funds for the community development purposes in accordance with the National Community Development objectives of benefiting low and moderate income families, eliminating slums and blight, and meeting other community development objectives; and WHEREAS, the United States Department of Housing and Urban Development requires the City of Dover to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance including the proposed use of funds and including certain certifications and policies to obtain its $282,307 entitlement; for eligible activities; and NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER APPROVE THE 2019 Community Development Block Grant Action Plan and application for Federal Assistance included in the Action Plan, along with certifications and policies attached and authorize its forwarding to the United States Department of Housing and Urban Development for consideration. ADOPTED: MAY 13, 2019 FINAL READING - PROPOSED ORDINANCE #2019-10 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of April 22, 2019. Council President Hare reminded members of the public that copies of the proposed ordinance were available at the entrance of the Council Chambers or on the City’s website at www.cityofdover.com under “Government.” Mr. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Lindell and unanimously carried. By motion of Mr. Sudler, seconded by Mr. Neil, Council, by a unanimous roll call vote (Anderson absent), adopted Ordinance #2019-10, as follows:

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 12 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 90 - Solid Waste, of the Dover Code, be amended by inserting the text indicated in bold, blue, font and deleting the text indicated in red strikeout as follows: Chapter 90 - SOLID WASTE[1] Footnotes: --- (1) --- Charter reference – Power of city to legislate for health, safety and welfare of community, subpart A, §§ 2, 17. State Law reference – Refuse generally, 16 Del. C. § 1701 et seq. Sec. 90-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alley means any public way, generally of less width than a street, used for public utility purposes and right-of-way, and as an alternate secondary or emergency route for vehicle and pedestrian traffic, generally situated at the rear of or along side a tier of lots. Apartment means a suite or set of rooms, with necessary appurtenances, in a building occupied or suitable to be occupied as a dwelling unit. Apartment complex means an assemblage of large multiple dwelling unit buildings located in zones RG-2 and RG-4 as defined by appendix B to this Code pertaining to zoning. Apartment house means an owner-occupied dwelling unit with apartments, or a building, formerly a residence, converted into apartments. Automated Collection means the use of fully- or semi-automated mechanized lift collection vehicles with authorized containers. Building code means the current edition of the city building code, adopted in article III of chapter 22. Bulk residential household waste means materials too bulky to fit in city issued solid waste containers permitted in Section 90-4. Bulk residential yard waste means yard waste material too bulky to fit in private yard waste containers permitted in Section 90-4. Commercial establishment means any structure intended or used for the purpose of conducting a commercial business enterprise.

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 13 Container means a receptacle for the deposit of solid waste. Drive-in service means a service involving city sanitation department employees driving in or on private property to collect commercial accounts. Duplex means a structure intended for use and occupancy as two-family dwelling units. Dwelling unit means a dwelling unit as defined by the city's building code (article III of chapter 22). Food establishment means a café, restaurant, or other similar establishment serving food or food products, including quick service drive-ins where food is prepared or served. Garbage means solid waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking and consumption of food, including waste materials from markets, storage facilities, handling and sale of produce and other food products. Health inspector means the head of the health department, or anyone authorized to act for him. Illegally dumped solid waste means any solid waste placed on properties, with or without the consent of the owner or person in control, where such waste constitutes a nuisance detrimental to the public health and welfare. Industrial solid waste means waste that is generated by businesses from an industrial or manufacturing process. Institution and institutional mean any church, church building or structure housing any charitable, philanthropic or eleemosynary undertaking, or any school, or any publicly owned or governmental building. Manager means the person in charge of real estate used for apartment, institutional or commercial purposes. Manual collection means the service rendered in collecting municipal solid waste from containers, when containers can be handled by persons picking up the containers as distinguished from automated collection. Municipal solid waste and solid waste mean solid waste resulting from or incidental to municipal, community, trade, business, and recreational activities, including garbage, rubbish (or trash), and all other solid waste, other than industrial solid waste. Newsprint means a common and inexpensive machine-finished paper made chiefly from wood pulp, including, but not limited to, newspapers, magazines, periodicals, telephone books and catalogues. Occupant means the person residing in a dwelling unit, specifically the head of such household. Owner means the record title holder of real property.

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 14 Permittee means any person licensed by the state solid waste authority to contract to collect, remove or dispose of solid waste. Property line means the peripheral boundary of real estate. Public easement means a right-of-way used or dedicated to be used by any public utility, including, but not limited to, services such as electricity, telephone, gas, solid waste collection, water, sewer and drainage. Public way means any street, alley, easement or other right-of-way. Recyclable Material or Recyclables means any material or group of materials that can be collected and sold or used for recycling as designated by the Delaware Solid Waste Authority and/or State of Delaware. Recycling means the process by which solid wastes are separated for use as raw materials, product or replacement of product. Residence means a structure intended for use and occupancy as a one-family dwelling unit. Rubbish and trash mean all waste or refuse of any kind, including garbage, either combustible or noncombustible in nature, having little or no value except as waste or refuse. Sanitary landfill means a method of disposing of municipal solid waste on land, without creating a nuisance or hazard to public health or safety, by utilizing the principles of engineering to confine the solid waste to the smallest practical area to reduce it to the smallest practical volume, and to cover it with a layer of earth at appropriate intervals. Street means any public thoroughfare for the passage of vehicle and pedestrian traffic. Vehicle means any wheeled conveyance. Yard waste means plant material residues resulting from lawn maintenance and other horticultural gardening and landscaping activities including grass, leaves, prunings, brush, shrubs and garden material provided that trunks and limbs do not exceed three inches in diameter and are cut in lengths not to exceed four feet. Leaves are considered yard waste except during times leaf collection is provided as scheduled by the city manager or his/her designee. Yard waste may not be comingled with trash, garbage or any other non-yard waste material. (Code 1981, § 8-1; Ord. of 5-24-1982) Sec. 90-2. - Unlawful deposits. (a) On outside premises. It shall be unlawful for any person to place, deposit, discard, or otherwise cause to be put yard waste garbage, rubbish, or any other type of waste on any outside premises within the city, whether public or private, in such a manner as to cause unsanitary, unsightly, or unhealthy conditions, except at such places as are, have been, or

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 15 shall be designated by the city manager, and except in accordance with other provisions of this chapter. For the purposes of this subsection, the term "outside premises" includes, but is not limited to, streets, alleys, sidewalks, ditches, yards, lots, fields, streams, and exterior portions of buildings. (b) Inspections; citations. The city code enforcement officer shall regularly inspect all outside premises to enforce the provisions of subsection (a) of this section. The city code enforcement officer shall issue citations for violations hereof and may abate such conditions pursuant to the provisions of the Charter and this Code. (c) Removal. The city reserves the right to remove waste determined by the code enforcement officer to cause unsanitary or unhealthy conditions or cause a public nuisance should the owner, occupant or person notified fail to remove the waste and address the public concern in an expedient fashion. In such cases the owner, occupant or person notified will be billed for the waste removal. (d) Prosecution; presumptions. In the prosecution of a violation of subsection (a) of this section, the following presumptions shall apply: (1) Owner, occupant. If the condition resulting from the violation was found on premises owned and/or occupied by the person to whom notice was given, then it shall be presumed that said owner and/or occupant was responsible for said condition. If the person to whom notice was given fails to notify the city code enforcement officer that he or she is not responsible for said condition within seven days of the sending of the notice, then it shall be presumed that the said person notified was in fact responsible for said conditions not being removed. The presumptions described above are rebuttable by the person charged and must be rebutted by a preponderance of the evidence in order for the person so charged to be exonerated. (2) Multiple dwelling units. If the condition resulting from the violation was found on the property whereon multiple dwelling units exist and the party actually committing the violation cannot with reasonable certainty be determined, then it shall be presumed that the owner or manager of the subject premises, upon being given notice, is the party responsible for ensuring that the condition is removed from the premises. (Code 1981, § 8-2; Ord. of 5-24-1982) Sec. 90-3. - Litter, trash, or garbage falling from vehicles. It shall be unlawful for any person engaged in commercial or for-hire hauling to operate any truck or other vehicle within the limits of the city to transport litter, trash, or garbage unless said vehicle is covered to prevent its contents from blowing, dropping or falling off or otherwise departing from the vehicle. In addition, any person operating his own truck or other vehicle to transport litter, trash or garbage shall take reasonable steps to prevent its contents from blowing, dropping or falling off or otherwise departing from the vehicle, provided, no vehicle hauling predominately metallic

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 16 material shall be required to be covered if it is loaded in a manner which will prevent such material from falling or dropping from the vehicle. (Code 1981, § 8-3; Ord. of 5-24-1982) Sec. 90-4. - Containers generally. (a) Duty to provide. Every person occupying a residence or duplex and every owner of an apartment shall provide such premises with city issued solid waste containers for automated collection unless such premises is otherwise designated by the city manager, or his/her designee, to be located in an area designated for manual collection. Solid waste containers placed out for collection shall be done so in such a manner as to not overload the capacity of the containers. Occupants of residences or duplexes and owners of apartments requesting yard waste collection shall provide their own containers for manual collection, not to exceed 35 gallons in size. A maximum of 5 yard waste containers may be placed for collection. Yard waste placed in plastic bags will not be collected. (b) Construction. Solid waste containers shall be watertight and constructed of a solid and durable grade of plastic material. Plastic bags may be used as solid waste containers, provided they conform to the requirements of subsection (h) of this section. (c) Weight. In the case of those containers which are manually emptied by the sanitation department employees of the city, the combined weight of the waste and container shall not exceed 75 pounds. Containers exceeding these requirements will not be collected. (d) Underground. Underground containers are prohibited for use in the city. (e) Handles; cover. All containers for manual collection, except plastic bags, shall be provided with suitable lifting handles on the outside and a close-fitting or other approved cover equipped with a handle, and shall not exceed 35 gallons. (f) Condition. Containers shall not contain any inside structures, such as bands or reinforcing angles, or anything within the container to prevent the free discharge of the contents. Containers that have deteriorated or that have become damaged to the extent that the covers therefor will not fit securely or that they have jagged or sharp edges capable of causing injury to sanitation department employees or other persons whose duty it is to handle such containers shall be condemned by the city. City issued solid waste containers will be replaced by the city as required. Private yard waste containers must be replaced by the owner or user. If such containers are not replaced after notice to the owner or user, such containers will be removed along with the contents thereof. (g) Lid. The lid shall be close-fitting and shall remain in place, covering the container or receptacle at all times when there is any material in the container. (h) Plastic bags. Plastic bags shall be constructed of a material and in a manner sufficiently adequate in strength and weight to keep the contents from rupturing such bags. All plastic bags shall be secured at the top to prevent spillage. Plastic bags shall be used to place trash

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 17 in solid waste containers and in designated manual collection areas. A maximum of 5 plastic bags may be placed for manual collection. Yard waste may not be placed out for collection in plastic bags. (Code 1981, § 8-4; Ord. of 5-24-1982) Sec. 90-5. - Removal of bulky materials, refuse, and leaves. (a) Bulky materials. Bulk residential household waste and bulk residential yard waste shall be collected on a schedule set forth by the city manager or his/her designee. Piles placed out for collection shall not exceed 4 feet wide by 4 feet tall by 8 feet long. Piles shall be placed at or just behind the face of the curbline. Piles shall not be placed directly under power lines or against buildings or fences which would prohibit and/or impede collection. Materials set out for collection that are not in accordance with the designated schedule or size parameters will not be collected without being first assessed, by the city manager or his/her designee, a charge appropriate to the cost of providing the service. (b) Refuse. (1) Depositing prohibited. It shall be unlawful and a nuisance for any person to throw, deposit or wash, or permit to be thrown, deposited or washed, any advertising matter, paper, rubbish, refuse, garbage, grass clippings, yard waste etc., or other offensive matter, upon any street or other public place or in or upon any private property, except as otherwise provided in subsection (b)(2) of this section. (2) Exception. The placing of leaves in the city streets is prohibited, except during leaf collection scheduled by the city manager. (3) Duty to remove. It shall be the duty of any person violating the provisions of this subsection (b) to immediately remove the unlawfully deposited rubbish, garbage, refuse, or other offensive matter upon notification by the city manager or his/her designee. (Code 1981, § 8-5; Ord. of 5-24-1982) Sec. 90-6. - Noncollectible items. (a) Generally. The scope of the service rendered by the city's sanitation department in the collection and removal of solid waste materials is intended, in general, to serve the needs of dwelling units and their directly related activities, operating businesses, and commercial establishments, except as exempted from the provisions of this chapter. It is considered to be beyond the scope of such service to collect or remove solid waste materials generated by clearing, construction, demolition and other such solid waste materials resulting from an activity beyond the scope described above.

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 18 (b) Enumerated. The following solid wastes shall not be collected and removed by the sanitation department as a regular service: (1) Construction wastes, etc. Rock, scrap building materials or other trash resulting from construction, remodeling or destruction by fire, the elements, acts of God or other causes resulting from a general cleanup of vacant or improved property or trees, yard waste and/or debris cleared from the property in preparation for construction or occupancy, and such materials shall be properly removed at the expense of the owner or developer. (2) Industrial wastes. Industrial wastes resulting from manufacturing or processing operations, including waste from food and vegetable produce houses, poultry dressing establishments, meat processing and meat packing plants, and such wastes must be properly disposed of by the owner or occupant of the building, business or premises where such wastes originate in the manner prescribed by state law and any other applicable ordinance. The city manager shall determine what wastes fall within this industrial classification. (Code 1981, § 8-6; Ord. of 5-24-1982) Sec. 90-7. - Collection schedule. Except as provided in section 90-10, the city manager shall, in his/her discretion, divide the city into districts and shall schedule the collection of solid waste in those districts on the day or days and at the time or times that shall be most efficient and convenient. Adequate notice of the collection schedules shall be given to the residents of the city. (Code 1981, § 8-7; Ord. of 5-24-1982) Sec. 90-8. - Collection from residences, duplexes, and apartment houses. (a) City or contractor. All collection of solid waste materials from residences, duplexes or apartment houses shall be by city sanitation department crews or contractors hired or contracted by the city, and such service shall not be performed through any other person. (b) Placing container generally. It shall be unlawful for any person to place any solid waste container within any alley or any public utility easement or public way, except on designated collections days at or just behind the face of the curbline, or rear lot line if serviced by an alley. Clear space of 3 feet shall be provided around each container. (c) Fences. In the event a fence is constructed with an inset space for the placement of solid waste containers outside the fence, but inside the lot line, containers placed therein shall be protected from overturn or spillage by a rack. (d) Container at or behind curbline. Where a residence, duplex or apartment house is not served by an alley, public utility easement or other public way in the rear or alongside thereof, all containers shall be placed at or just behind the face of the curbline of the street

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 19 abutting such property, but shall not be placed where the containers will interfere with vehicular or pedestrian traffic. (e) When containers placed. Where solid waste is collected from the front or side street, containers shall be placed no earlier than 7:00 p.m. the evening before collection day and shall be removed to a point at the side or rear of the structure not later than 8:00 p.m. of the day of collection. The city manager can modify the hours when special conditions exist. (f) Placement approved by city manager. Solid waste containers shall be placed at locations and under such conditions approved by the city manager for collection service by the sanitation department. (Code 1981, § 8-8; Ord. of 5-24-1982; Ord. of 10-9-1995) Sec. 90-9. - Collection of rubbish, trash or yard waste from residences, duplexes, and apartment houses. (a) Where placed generally. Rubbish, trash or yard waste normally shall be collected from residences, duplexes and apartment houses from the alley, when it is paved, and from the street, when the alley is not paved or when no alley exists or it is not serviceable. (b) Property line. Where rubbish, trash or yard waste is collected from the alley, public utility easement or public way and not from the street, all rubbish, trash or yard waste shall be placed at the property line, but shall not be placed inside the alley, easement or public way in such a manner as to obstruct or interfere with vehicular or pedestrian traffic. (c) Collection from street. Where rubbish, trash or yard waste is not collected from the alley, public utility easement or other public way, but is collected from the street, it shall be placed at or just behind the face of the curbline of the street abutting the premises, but shall not be placed in the street or on the sidewalk in such a manner as to obstruct or interfere with vehicular or pedestrian traffic. (d) Excessive yard waste. Where the quantity of yard waste set out for collection is excessive, the city manager shall determine the amount of yard waste to be collected at any one time, the day of its collection and any other matters pertaining to yard waste collection in order not to disrupt normal service to other premises. (e) Small, loose items. Rubbish or trash consisting of small, loose items shall be placed in an approved container. (f) Boxes, cartons. All boxes and cartons must be broken down and bundled, and no bundle shall exceed 50 pounds in weight for recycling collection by the city. Bundles must be placed along the curbline and may not be placed next to solid waste or recycling containers.

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 20 (g) Charge for collection. The city manager shall set a charge appropriate to the cost of providing the service where the quantity or type of trash, rubbish or yard waste is determined to be excessive or not within the definition of the terms "garbage" and "rubbish" as set forth in section 90-1. (Code 1981, § 8-9; Ord. of 5-24-1982; Ord. of 10-9-1995) Sec. 90-10. - Collection from apartment complexes, institutions and commercial establishments. The manual collection and removal of solid waste materials from apartment complexes, institutions and commercial establishments shall be performed by city sanitation department crews only where the containers conform to the requirements of containers for residential, duplex or apartment house collection service. Apartment complexes, institutions and commercial establishment will be provided a maximum of 2, 90 gallon solid waste containers and 2, 90 gallon recycling containers. Where larger or additional waste containers are required, the owner or occupant of the premises must dispose of solid waste materials through his own efforts and at his own expense, or may contract with persons who are permitted to collect and remove solid waste materials. The placement of containers for collection from apartment houses, institutions, and commercial establishments in the city shall be as approved by the city manager or his/her designee. (Code 1981, § 8-10; Ord. of 5-24-1982) Sec. 90-11. - Collection from downtown areas. (a) Containers; time of placement, removal. The collection of solid waste materials from the downtown area as described in subsection (d) of this section shall be governed by all the provisions of this chapter pertaining to apartments, institutions, and commercial establishments, except as follows. For locations receiving automated collection, no solid waste materials or containers of any kind shall be placed for collection on the public streets, sidewalks, alleys or easements of the city prior to 6:00 a.m. on the day of collection. For locations receiving manual collection, no solid waste materials or containers of any kind shall be placed for collection on public streets, sidewalks, alleys or easements prior to 5:00 p.m. on the day of collection. (b) Application of chapter. Where collection service is furnished by the city to these premises, all provisions of this chapter which are applicable to residences and duplexes shall apply. (c) Placement in public way. At any of the establishments in the downtown area where there is insufficient space between any structure and the alley property line, the easement property line, or street property line to permit the placing of waste containers as required by the provisions of this chapter relating to residences and duplexes, the containers may be placed in such public way at the very boundary thereof so as to permit the passage of pedestrian and vehicular traffic, or at a time other than as set out in subsection (a) of this section, subject to the approval of the city manager.

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 21 (d) Boundaries. The downtown business area shall include that area bounded by the Loockerman Street Bridge on the east, and the Delmarva Central (nfa Norfolk Southern) Railroad on the west, North Street on the south and Reed Street on the north. (Code 1981, § 8-11; Ord. of 5-24-1982) Sec. 90-12. - Automated collection. (a) Application of chapter. This section shall apply only to automated collection provided by the city sanitation department. All other sections of this chapter shall remain in force and effect, unless inconsistent with the provisions of this section. (b) Containers required. The city shall provide 90 gallon containers for this type of refuse collection. Use of any other type container than provided by the city is prohibited. Items piled against the container, as well as the container, will not be picked up, nor will containers not provided by the city. (c) Container ownership. Solid waste containers for automated collection shall be provided free of charge and shall be owned by the city at all times. (d) Lost, stolen or damaged containers. Customers shall be required to care for each container as if it were their own and to protect it against damage or loss. All lost containers must be replaced at the expense of the property owner, or customer at the expense of the same. Stolen containers shall be replaced by the city, without charge, if such theft is reported to the police department and verified by the police department as being a stolen container, provided that the city manager, at his/her discretion, may refuse to replace stolen containers where it appears that the customer did not protect the same or where the customer has turned in more than one recent complaint of theft of the container. Damaged containers shall be replaced by the city unless the damage is due to negligence, abuse or failure to care for the container by the customer and the decision of the city manager in this regard shall be binding. Containers damaged by the negligence, abuse or failure of care of the customer shall be replaced at the expense of the customer. The customer is responsible for keeping the container clean at all times and the city may decline pickup for failure to have the container clean. The city will not replace containers relating to cleanliness or odor concerns. (e) Permitted refuse in solid waste containers. The following refuse may be placed in the container: (1) Normal household trash. (2) Normal garbage. (f) Prohibited refuse in solid waste containers. The following refuse may not be placed in the containers:

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 22 (1) Large limbs, grass, leaves, small hedge and brush trimmings and yard waste of any kind. (2) Hot ashes. (3) Flammable items. (4) Chemicals. (5) Corrosive solvents. (6) Paint. (7) Construction, demolition or remodeling debris. (8) Concrete, dirt or plaster. (9) Appliances or furniture which will not allow the container lid to close. (10) Any items of any nature whatsoever that do not allow the container lid to close. (g) Permitted material in recycling containers. The following material may be placed in the container: (1) Newsprint, paper board boxes, corrugated cardboard, telephone books, junk mail, office paper. (2) Rigid plastic, and plastic bottles and containers. (3) Aluminum and metal cans. (4) Glass bottles and jars. (5) Materials as directed by the State of Delaware. (h) Prohibited material in recycling containers. The following materials may not be placed in the containers: (1) Large limbs, grass, leaves, small hedge and brush trimmings and yard waste of any kind. (2) Normal household trash, garbage and food waste. (3) Styrofoam, ceramics, window glass, mirrors, clothing, textiles and electronics. (4) Hot ashes.

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 23 (5) Flammable items. (6) Chemicals and chemical containers. (7) Corrosive solvents and containers. (8) Paint and containers. (9) Construction, demolition or remodeling debris. (10) Concrete, dirt or plaster. (11) Any items of any nature whatsoever that do not allow the container lid to close. (I) Container placement for pickup on streets. After 7:00 p.m. of the evening before the day of collection or before 7:00 a.m. on the day of collection, the container must be placed at or just behind the face of the curbline or edge of the street in front of the house. It must be placed so that clear space of 3 feet shall be provided around each container so it will be clear of all parked vehicles, trees or other obstructions. The handle and wheels must be pointed away from the street (toward the curbline). After the container has been emptied, it must be moved back to its storage place not later than 8:00 p.m. on the day of collection. (j) Container placement for pickup in alleys. Containers authorized for alley pickup shall be placed at the property line along the edge of the alley, easement or public way and shall be at the normal alley ground level. The handle and wheels must be pointed away from the alley. (k) Container placement for pickup during periods of heavy snow. During periods of heavy snow, the container must be placed so that the collection vehicle can have clear access to the container, unobstructed by snow banks, unplowed or unshoveled snow, etc. In the event trash collection is suspended by the city manager, containers must be removed from the street or alley. (Code 1981, § 8-11.1; Ord. of 12-28-1987; Ord. of 10-9-1995) Sec. 90-13. - Rules and regulations. The city manager is hereby authorized to make additional reasonable rules and regulations for the administration of the solid waste collection for services of all types performed in the city, provided that no such regulations and rules contravene the specific provisions of this chapter and are in no way inconsistent with the established policies of the city council. (Code 1981, § 8-13; Ord. of 5-24-1982)

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 24 Sec. 90-14. - Nonresident refuse deposits. It shall be unlawful and a nuisance for any nonresident of the city to deposit, place or abandon any advertising material, paper, rubbish, refuse, garbage, grass clippings, yard waste, etc., or other offensive matter within the limits of the city for trash collection by the city or otherwise. (Code 1981, § 8-14; Ord. of 8-23-1982) Sec. 90-15. – Rates and Billing Procedures. (a) Rates. The city council shall designate certain reasonable rates to be paid for the collection of refuse in certain areas, which rates shall be set each year at the time of establishing the annual budget, and which rates shall apply for that year and for the area designated by the council. The city manager shall bill residents in accordance with the rates established by the council and shall be in charge of collecting these charges. In case of delinquencies, the delinquent amount shall become a lien in accordance with state law. (b) Billing Procedures. All in-city customers of residences, duplexes and apartment houses with active utility accounts must have sanitation services included in the list of active services for the account. (Code 1981, § 8-16; Ord. of 3-13-1989) Sec. 90-16. - Violations; penalties. Any person convicted of violating any provision of this chapter shall be fined in an amount as provided for in Appendix F—Fees and Fines, and if the violation amounts to an unlawful deposit of rubbish, refuse or other offensive matter in the corporate limits of the city, he shall be directed to remove the same, and in the event of his failure to do so, the offensive matter shall be removed by the city at the expense of the violator. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (Code 1981, § 8-15; Ord. of 8-23-1982; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22-2009) ADOPTED: MAY 13, 2019 CITY MANAGER'S ANNOUNCEMENTS Mrs. Donna Mitchell, City Manager, expressed her appreciation for the Public Works Department during National Public Works Week. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Lindell thanked his family for their support throughout his service on City Council. He also advised that the past week was Teacher Appreciation Week and noted that he thought they could all thank a teacher for them being there. Mr. Lindell recognized two of his teachers in the First District from Smyrna High School, Mr. Michael Myers, his criminal justice teacher his junior year of high school and Ms. Marge Schuman, his freshman year geography teacher. He also mentioned his 11th grade pre-calculus teacher who is in her 50th year of teaching at Smyrna High, Ms. Meek.

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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 25 Mr. Lindell thanked Councilman Slavin for his service as Council President. He noted that, coming in as a new member, he was always supportive and sat down and gave him the lay of the land. Mr. Lindell stated that he appreciates the way Mr. Slavin ran meetings in a good, fair, and firm way. Mr. Cole announced that the 7th Annual Bike Tour and bike to work would take place on May 15th beginning with a ceremony at 7:30 a.m. at the Dover Public Library. Mr. Cole, having two school-aged children, advised that City of Dover Parks and Recreation, Wesley College, Del Tech, and Kent County Parks and Recreation have an awesome array of affordable summer camps available. Mr. Taylor thanked Mr. Hare for his tutelage over the years, his Lord and Savior Jesus Christ for all of the blessings, and his wife who has tolerated him and his political aspirations. He also congratulated Chief Mailey on his retirement. Mrs. Mitchell, City Manager, introduced the new Assistant City Manager, Mr. Matt Harline. Mr. Sudler moved for adjournment, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 8:16 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Annual Meeting of May 13, 2019, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\05-13-2019 ANNUAL Council Minutes-Corrected 06-03-2020.wpd

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