REGULAR CITY COUNCIL MINUTES

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held by video conference on October 12, 2020 at 7:31 p.m. with Council President Hare presiding. Council members present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Cole, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Mr. Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present. The invocation was given by Mayor Christiansen, followed by the Pledge of Allegiance. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Lindell and carried by a unanimous roll call vote. ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF SEPTEMBER 28, 2020 The Minutes of the Special Council Meeting of September 28, 2020 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 28, 2020 The Minutes of the Regular Council Meeting of September 28, 2020 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen. C O U N C I L CO MMI T T E E OF T H E WH O L E RE PO R T - SEPTEMBER 29, 2020 The Council Committee of the Whole was held by video conference on September 29, 2020 at 6:01 p.m., with Council President Hare presiding. Members of Council present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin (departed at 8:00 p.m.), Mr. Cole, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Shelton and Mr. Wagner (arrived at 6:04 p.m.) (Safety Advisory and Transportation), and Mr. Contant (Legislative, Finance, and Administration). Mr. Shevock (Legislative, Finance, and Administration) was absent. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee met with Chairman Taylor presiding. Adoption of Agenda Mr. Neil moved for approval of the agenda, seconded by Mr. Sudler and unanimously carried.

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 2 COVID-19 Safety Update (Mr. Robert E. Clark II, President - Wesley College) Mr. Robert E. Clark II, President, Wesley College, provided an update regarding COVID-19 Safety at Wesley College. Mr. Sudler suggested that Mr. Clark contact Reverend Rita Mishoe Paige and Lieutenant Governor Bethany Hall-Long. He noted that they could assist Mr. Clark with making his requests come to light regarding becoming a testing site. Social Professional/Law Enforcement Collaborative Ms. Amy Kevis, Partners in Public Safety Solutions; Mr. James Deel, Mental Health Clinician; and Chief Torrie James, Smyrna Police Department provided information regarding the Social Professional/Law Enforcement Collaborative. Ms. Kevis stated that success can be measured in a lot of different ways. Ms. Kevis stated that if somebody needs to be arrested, they need to be arrested, but if somebody needs behavioral health help, arrest is not the best place for them because then they become a pariah and the cause of repeat calls. She stated that, as an administrator, giving the opportunity to do an assessment in the field and to get that person the services that they need, whether they want to do it in conjunction with arrest or in lieu of arrest, is entirely up to the agencies. She advised that there are pre-arrest diversion and post-arrest diversion. Responding to Mr. Taylor's questions, Mr. Deel provided the following information: • He saw, both in Kent and Sussex counties, an increase in mental health concerns, some that involved domestic incidents due in part by COVID-19, and an increase in overdoses and a larger acute increase in substance abuse, combined with mental health issues, in Smyrna and Georgetown. • Regarding who makes the call to transition from a criminal justice complaint to a mental health situation, normally if Mr. Deel was in the vehicle and they responded to an incident, the police officer would make sure the scene was secure and if they felt there was any potential for any kind of mental health or substance concerns, they would bring Mr. Deel into the situation and he would take the lead on it. • Regarding transportation to the mental health facility or hospital, if Mr. Deel does not have any health concerns, he can bypass an emergency room (ER) visit and work with a local provider to get that person directly into treatment. • Mr. Deel has to work with certain facilities to be able to do an assessment, but to avoid the ER, he has to do a direct admission into a treatment facility. • Once Mr. Deel completed the documentation and assessed the individual, if the person needed to go somewhere, then law enforcement would transfer them wherever Mr. Deel coordinated for them to go.

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 3 • Mr. Deel cannot assess juveniles; however, he could work directly with parents and provide support to those family members, such as connections with providers in the community or other mental health services to help them bridge that gap. • Individuals who work with Delaware Guidance or their clinicians could complete an assessment and commit juveniles. They require using Child Priority Response to be able to take care of juveniles. Responding to Mr. Taylor, Chief James stated if he had to do it all over again, he would. He advised that Mr. Deel was able to go from point A to point B and skip that middle portion and it has saved them a lot of time and energy. Chief James noted that they also have Mr. Deel as a resource. He stated that Mr. Deel is in the car with the officers and is the person that gives them the opportunity to immediately get the health attention that they need. Chief James advised that health and wellness was huge and that his guys and girls have become comfortable enough with Mr. Deel that he has become a resource for them to talk about their problems, whether it be work related or home related. Chief Thomas Johnson, Dover Police Department, stated that employee wellness was sometime overlooked. He advised that they hover annually with 150 plus officers lost in the line of duty to violence, but they were now losing 225 plus a year to self-harm. Chief Johnson and Lieutenant Jordan Miller reviewed information regarding the Dover Police Department and the Social Professional/Law Enforcement Collaborative. Chief Johnson noted that they were trying to take a "holistic approach" to this issue with prevention, response, and follow through, and address multiple subsets of populations at risk. He stated that they were hoping that by the end of the year they would be able come up with a cadre of resources that would allow them to deploy in multiple dimensions. He noted that would have a component of somebody being in a car with a police officer, more than likely, their community policing resources, and they were going to go across most of the waking hours. Chief Johnson thanked Ms. Kevis for helping them dissect their agency’s disconnect with the mobile crisis resource. He noted that they had been trying to pull all of the puzzle pieces together so that a Dover police officer would have a playbook with all of the options available to them. Chief Johnson advised that they were also trying to tie in the funding component, noting that the Delaware State Police rolled out a model that they were installing for the areas that surrounded Dover. He expressed his concerns regarding jurisdictional lines. Lt. Jordan Miller, Dover Police Department, stated that Ms. Kevis helped them identify one of the biggest issues they had, which was their mental health response. He noted that they were not utilizing mobile crisis appropriately or at all. Lt. Miller stated that they did not have a relationship so they set forth and had a meeting with them and talked to the officers about how they were going to implement the use of

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 4 mobile crisis. He stated that he contacted Ms. Valerie Tipple regarding funding and they learned that there were a couple of different programs throughout the state. Lt. Miller advised that there were no guidelines on how that money would be dispersed or how they would operate their program. Mr. Taylor asked how the rank and file were receiving this news. Responding, Lt. Miller stated that he spoke with patrol quiet often and they were excited. Responding to Mr. Rocha, Chief James stated that he did not know if officers picked up on Mr. Deel's approaches, but that they understood that they needed to ask the question, "why." He noted that his officers have embraced Mr. Deel and that he does see a change in how they deal with the public. Mr. Deel noted that he noticed a change in the individuals and a direct influence and changes in the way that the officers handled behavioral health concerns. He stated that they were much more patient when it came to trying to relate to that individual and ensuring that the individual got connected from a behavioral health perspective or through a referral and treatment for substance abuse. Responding to Mr. Rocha, Chief Johnson stated that they identified early on that it might take a cadre of individuals to try and keep the continuity of support available most of the waking hours to cover the City. Lt. Miller advised that he did not have an exact number, but that they would like to find something that they could sustain and that was going to be successful. He noted that on that interface, if they were to use an agency that was currently being utilized by the State Police that they neighbored and interacted with routinely, that would provide an added asset. Ms. Kevis stated that with all three of the programs that she had been overseeing, the agencies did an assessment of the times of day that they had the most calls and then they deployed the officers during that time. She advised that it would be best to start with a small pilot. Ms. Kevis noted that they did not start with all three shifts being covered, but had Mr. Deel doing a small number of hours to go out and build that relationship. She noted that the three programs started with memorandums of understanding (MOU) and that Ms. Michelle Robinson was placed at Georgetown Police with the $30,000 grant and Mr. Deel was currently working on an $11,000 grant. Ms. Kevis stated that they do not need to have $150,000 and three clinicians. She advised that they needed to find a clinician that was going to interface with law enforcement well and to start small and make sure that the officers are amenable to having that person in the car, because if they forced it on them, it would not be successful. Mr. Sudler stated that they needed to look beyond just pre-arrest diversion and look to providing some onsite counseling for police officers to deal with some of the stressors that occur. Chief Johnson stated that they identified the issue of Mr. Sudler's concerns and were in discussions to try and bring in a licensed psychologist.

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 5 Responding to Mr. Anderson regarding types of metrics used to track if the program is working, Chief James stated that it is hard to define whether or not it is working. He advised that he had seen a decrease in the amount of hours that his officers were spending out of town for mental health transports. Chief James noted that he did not see repeat offenders as much because they have Mr. Deel. He stated that if they were asking for tangible numbers, they are trying to track some numbers to show a decrease, but they were not seeing the same people over and over again. Ms. Kevis stated that successes are measured differently. She stated that they would have to figure out what their metrics are going to be and how they want to measure the success of the program. Mr. Deel noted that when he comes in contact with an individual who has behavioral health concerns, he is trying to get that person engaged in treatment. He noted that he cannot resolve their issues, but if he can make that connection to get them into treatment and develop that relationship or connection with their family members who are going to make sure that every option is available to them to stay engaged, then he is successful. Regarding metrics, Chief Johnson stated that they were in the process of developing research codes for internal databases for Lt. Miller's resources in uniform patrol to use during a response. He noted that no matter what specifics they end up with, there was going to be a big connection in their community policing unit, which would be charged with following up when they scanned the databases to see who they have had contact with and why. Chief Johnson stated that perhaps they go out with a Deel-like person and do a required check-in and subjective documentation. He noted that while that was not hard data from an analytics standpoint, it was a different perspective on how they were having an impact either on the individual or the individual's support system. Responding to Mr. Taylor, Chief James stated that the liability piece would technically fall underneath the MOU that they have with Ms. Kevis' organization and nonprofit. He noted that it was not much different from the ride-along program. Ms. Kevis advised that her nonprofit has liability insurance and Mr. Deel has liability insurance. She noted that she has a psychologist that is on staff and provides oversight. Update on Body Cameras Chief Thomas Johnson and Lieutenant Jordan Miller, Dover Police Department, provided an update regarding body cameras. Mayor Christiansen stated that in the interest of the taxpayers, they would certainly hope that the State would decide to grab the bull by the horns and, with 48 police agencies across the State of Delaware, pick up the tab on this. He stated that in order to reinforce their commitment to the citizens, he would ask Staff to begin looking at worst-case scenarios and a method or mechanism to fund this program, if they had to go by themselves.

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 6 Mr. Taylor stated that if they had to fund the program, he would like for them to consider an option of leasing the technology. He noted that leasing would give them the option to continually have the most updated equipment available. Mr. Sudler stated he was under the impression that the last time they spoke regarding body cameras that they made a motion for the Mayor and the Police Chief to work with administrative staff to provide some figures so that if the State was unable to help them fund the program, they would already have everything aligned and ready to go. Mr. Sudler requested clarity regarding the motion. (City Clerk’s Office Note: During the Regular Council Meeting of August 24, 2020 members of Council approved the Committee’s July 28, 2020 recommendations that Mayor Christiansen, in conjunction with Chief Johnson, negotiate the best deal immediately in 2020 with vendors to be reviewed by City Council regarding the body cameras.) Mayor Christiansen stated that he believed they were supposed to continue to look at all of their options. He noted that he thought all of the members of Council were copied on letters that they sent and that he requested both financial support and support for any available state or federal effort. Mayor Christiansen advised that they continue to look for prices and package deals that will fit the needs of the City of Dover. He noted that they also requested support and funding from their local, state, and federal legislators. Prioritization of City of Dover State Capital Transportation Program (CTP) Projects Mr. Taylor provided background information regarding the prioritization of City of Dover State Capital Transportation Program (CTP) Projects. Staff recommended confirming the continuation of the 2019 Prioritization of City of Dover State Capital Transportation Program (CTP) Projects. Mr. Taylor stated that he believed that item 3 - College road corridor (Kenton Road to McKee Road) on the 2019 Prioritization of City of Dover State Capital Transportation Program (CTP) Projects list was dangerous with no sidewalks. He noted that it was not well lit and requested that item 3 be moved up on the list. Mr. Hare stated that the potential improvements listed were sidewalks, shoulders, lighting, and bicycle lanes. Responding to Mr. Taylor, Mrs. Mitchell advised that the timeline on all of the items was dependent upon the state because they were state projects. She stated they would have to look at their project development. Mrs. Mitchell recommended having the state come in semi-annually and provide an update on the list of their projects. Mr. Lindell moved to recommend confirming the continuation of the 2019 Prioritization of City of Dover State Capital Transportation Program (CTP) Projects, as recommended by Staff. The motion was seconded by Mr. Anderson.

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 7 Mr. Anderson stated that the top three projects were viable and that he would love it if they had the state and the Metropolitan Planning Organizations (MPO) update them. He noted that the first three items on the list were related and interacted together. Mr. Anderson stated that they needed to remain as the top three. Mr. Sudler concurred with Mr. Lindell and Mr. Anderson. Mr. Lindell moved to recommend confirming the continuation of the 2019 Prioritization of City of Dover State Capital Transportation Program (CTP) Projects, as recommended by Staff. The motion was seconded by Mr. Anderson and unanimously carried. During the Council Meeting Councilman Taylor, Chair of the Council Committee of the Whole/Safety Advisory and Transportation Committee, advised members of the Committee’s recommendation regarding the Prioritization of the City of Dover State Capital Transportation Program (CTP). He noted that Mr. Dave Hugg, Director of Planning and Community Development, was having technical difficulties during the meeting and was not able to provide an update; therefore, the recommendation was to confirm the continuation of the list from 2019. Mr. Taylor stated that Mr. Hugg received new information from the Delaware Department of Transportation (DelDOT) and the Metropolitan Planning Organization (MPO) on the status of some of the projects that he would like to offer regarding the prioritization. Mr. Hugg briefly advised members of several important project changes that would affect the City’s prioritization. Mr. Taylor moved to refer the Prioritization of City of Dover State Capital Transportation Program (CTP) Projects back to the Council Committee of the Whole/Safety Advisory and Transportation Committee for review of the new information. The motion was seconded by Mr. Sudler and unanimously carried. Proposed Ordinance #2020-12 Amending Chapter 106 - Traffic and Vehicles, Article III-Stopping, Standing, and Parking, Division 2 - Metered Parking, Division 3 - Removal and Disposition of Illegally Parked or Abandoned Vehicles, Sec. 106-181 - Definitions, and Division 4 - Downtown Parking Mr. Matthew Harline, Assistant City Manager, and Mr. Neil provided an overview regarding proposed Ordinance #2020-12 Amending Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing, and Parking, Division 2 - Metered Parking, Division 3 - Removal and Disposition of Illegally Parked or Abandoned Vehicles, Sec. 106-181 - Definitions, and Division 4 - Downtown Parking. Staff recommended adoption of ordinance #2020-12. Mr. Neil moved to recommend approval of Staff's recommendation, seconded by Mr. Anderson and unanimously carried. 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. (The First Reading of the ordinance will take place during the latter part of the meeting.)

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 8 Mr. Neil moved for adjournment of the Safety Advisory and Transportation Committee meeting, seconded by Mr. Rocha and unanimously carried. Meeting adjourned at 7:52 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried. Proposed Resolution No. 2020-12 Application for Drinking Water Matching Planning Grant Mr. Jason Lyon, Director of Water/Wastewater, reviewed the background and analysis regarding proposed Resolution No. 2020-12 and the application for Drinking Water Matching Planning Grant. Mr. Lyon advised that the state was aware that the resolution would take time. Staff recommended adoption of the resolution as submitted so Staff may complete application for a Water Matching Planning Grant. Mr. Neil moved to recommend approval of Staff's recommendation, seconded by Mr. Hare and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and, by a unanimous roll call vote, Resolution No. 2020-12 was adopted as follows: A RESOLUTION PROPOSING APPLICATION FOR DRINKING WATER MATCHING PLANNING GRANT WHEREAS, the Mayor and Council of the City of Dover, Delaware, herein called the "Applicant", has, after adequate consideration, of the various aspects of available data as it relates to the water infrastructure, determined that improvements to the City of Dover water infrastructure may be necessary; and WHEREAS, the Applicant has determined that the expeditious completion of an update to the City of Dover's 2006 Water System Master Plan is desirable and in the public interest, and to that end it is necessary that actions be taken immediately; and WHEREAS, the State of Delaware has authorized the making of grants to aid in financing a Water System Master Plan and related services in connection therewith; and

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 9 WHEREAS, the Applicant has examined and duly considered the Guidelines for said grants and the Applicant deems it to be in the public interest and to the public benefit to file an application for a grant under these Guidelines, and to authorize other action in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Council of the City of Dover, Delaware, the governing body of said Applicant, as follows: 1. That the said Project is essential to and is in the best interest of the Applicant and to the end that the said Project may be carried out as promptly as practical, it is desirable that action hereto be undertaken immediately. 2. That Donna S. Mitchell, City Manager, or her designated representative, be hereby authorized to file on behalf of the Applicant, an application (in the format required by the State of Delaware and in conformity with the request hereto) for a matching grant to be made from the State of Delaware Drinking Water State Revolving Fund (DWSRF) Non-Federal Administrative Account to the Applicant to aid in defraying the cost of the Project described above. 3. That if such a grant is made, the Applicant agrees to pay all the remaining cost of the approved Project, over and above the amount of the State grant. 4. That the said Donna S. Mitchell, City Manager, or her designated representative, is hereby authorized to accept any State grant that may be offered, to furnish such information and to take other action as may be necessary to enable the Applicant to qualify for the grant; and 5. That the said Donna S. Mitchell, City Manager, or her representative designated as the Authorized Representative of the Applicant for the purpose of furnishing to the State of Delaware such information, data, and documents pertaining to the application for the grant as may be required; and otherwise to act as the authorized representative of the Applicant in connection to the application and in connection with any requirements of the State grant which may be made. 6. That certified copies of this Resolution be included as part of the Application to be submitted to the State of Delaware. ADOPTED: OCTOBER 12, 2020 Annual Review of Investment Policy Ms. Lori Peddicord, Controller/Treasurer reviewed the background and analysis regarding the annual review of the investment policy. Staff recommended no changes to the investment policy. Mr. Neil moved to recommend approval of Staff's recommendation, seconded by Mr. Rocha and unanimously carried.

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 10 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. Proposed Ordinance #2020-05 Amending Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses and Article X - Rental Dwellings Mr. Dave Hugg, Director of Planning and Community Enhancement, reviewed the background information regarding proposed ordinance #2020-05 Amending Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses and Article X - Rental Dwellings. Mr. Sudler stated that he was ready to support proposed ordinance #2020-05. Mr. Neil noted that they wanted to eliminate the pirates who would take multiple used properties for this purpose and that the proposed ordinance did exactly that. He stated that it should not have to burden the police or anyone else, unless there is a specific problem that someone makes a complaint. Responding to Mr. Contant, Mr. Hugg advised that there was no limit to how many times the dwelling could be rented or leased, it was just that it could not be for more than 30 days, because then it would become an actual rental. Mr. Hugg stated that they would only pay one annual fee. Mr. Hare noted that if police got called to the property then they could be given a summons by the City and if they got so many then the rental permit could be revoked for violations that the renters created. Mr. Anderson expressed his concerns regarding the under 12 provision. Mr. Hare stated he did not understand that either. Mr. Hugg stated that the way it was written was that the number of guests, 12 and older, is limited by the number of bedrooms. He advised that a four-bedroom house would have potentially eight people, 12 and older, but they could have four other people of any age, or any combination that does not exceed a maximum of 12 occupants. Mr. Hugg stated that he would be willing to work on that notion a little bit more, the maximum could be a higher number, or take the notion of a maximum out. He advised that one of the premises of the ordinance was to try and discourage the use of those facilities for party houses. Responding to Mr. Hare, Mr. Hugg stated that if it is a four-bedroom house, there could only be 12 people. Responding to Mr. Anderson, Mr. Hugg stated it was the number, not age. Mr. Hare clarified that if it is a three or a four-bedroom house, it cannot be more than 12 people. Mr. Neil recommended adding "individuals," after 12. Mr. Hugg noted they could do that and that there was a couple of editorial things that do not affect the provisions of it. Mr. Hare moved to recommend adoption of Ordinance #2020-05, seconded by Mr. Neil.

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 11 Mayor Christiansen asked Committee members to consider conditional use by the Planning Commission that would be approved by Council for these properties. Mayor Christiansen expressed the following concerns: • The businesses were going into residential neighborhoods and they would undermine those communities. • The issues they were already having with rental properties, a lot of those properties would be rented on the weekend and they would have trouble enforcing the rules and regulations. • Under Section 22-353: Purpose; applicability; definitions; compliance, (c) Definitions, that the rental time periods should be no more than 10 consecutive days. • Since the properties would be in competition with hotels, motels, and bed and breakfasts, they should be subject to the lodging tax. • The neighbors who live adjacent to those properties should be notified and have a local contact that must be current and onsite so that the property owner could be contacted as well as the City and police department. • When the license came up for re validation each year on the 31st of January, that the current contact numbers and contact parties be current and up-to-date. Mr. Hare stated that a lot of those concerns were already addressed. He noted that when he spoke with Mr. Hugg, hotel owners, and Airbnb owners in the City, they were okay with the regulations. Mr. Hare noted that the person had to be a resident of the City of Dover and of that property. He noted that if the person did not want to live there, he would do a short-term rental and apply to get a bed and breakfast permit and a conditional use permit. Mr. Hare stated that for the 30-day rental, it would require a lease and submission of the lease to the City, because the utilities were going to be changed into the lease holder's name. He advised that any time the lease changes, they have to come back in and get the utilities changed and present the new lease. Mr. Hare noted that he mentioned to Mr. Hugg that every time the lease changes, it should have another inspection. Mr. Sudler stated that he would support Staff's recommendation of moving forward, but he also recommended that Mayor Christiansen's comment and recommendations be included in any additional addendum or initiative that they were going to move forward. Mr. Anderson stated that he agreed that the contact recommendations are specified so that the contact numbers are updated every year as a part of the licensing procedures, but he did not agree with Mayor Christiansen completely. He noted that the point of the regulations were not that they need to make a massive change, but a

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 12 mechanism to intervene. Mr. Hare stated that the ordinance did not really change a whole lot, but he did not disagree about having a point of contact. He stated that the point of contact would be there because if it is less than 30 days and someone is renting a spare room, the point of contact would be onsite. Mr. Hare noted that if he leased the property and had a signed leased, then the person who signed the lease was going to be the point of contact, and the property owner. Mr. Hare advised that if the person wanted to turn the house into a bed and breakfast then they would have to get a conditional use permit. Mayor Christiansen asked if anyone had a rough idea of how many of the Airbnb's actual owners lived on the premises. He stated that he found it hard to believe that the owner was going to be sleeping downstairs on the couch while everybody was occupying the beds in the Airbnb. Mayor Christiansen stated that most of the Airbnb’s he was aware of handed them the key and the owner would go elsewhere, even though they may own the property. He asked if anyone knew what the average length of stay was at a bed and breakfast, noting that when he has gone away with his wife, the average time they stayed at a bed and breakfast was three days, and yet they have to conform and go through all of those hoops. Mr. Hare stated that of all the bed and breakfasts listed as Dover are not in the City limits of Dover. He advised that he and Mr. Hugg met with seven or eight people that actually lived in the City that owned a bed and breakfast. Mr. Hare moved to recommend adoption of Ordinance #2020-05. The motion was seconded by Mr. Neil and unanimously carried. 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. (The First Reading of the ordinance will take place during the latter part of the meeting.) Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Hare and unanimously carried. Meeting adjourned at 8:39 p.m. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Taylor and unanimously carried. Meeting adjourned at 8:39 p.m. Mr. Sudler moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Anderson and unanimously carried.

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 13 MONTHLY REPORTS - AUGUST 2020 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 APPOINTMENTS/REAPPOINTMENTS By consent agenda, Mr. Neil moved for approval of the following appointments. The motion was seconded by Mr. Lindell and carried by a unanimous roll call vote. Construction and Property Maintenance Code Board of Appeals - One Year Terms to Expire May 24, 2021 Appointments/Reappointments Recommended by Council President Hare Councilman David L. Anderson (reappointment) Councilman Fred A. Neil (reappointment) Councilman Gerald L. Rocha, Sr. Reappointment Recommended by Mayor Christiansen Charles C. K. Martin Dover Human Relations Commission - Joseph C. Simmons (to fill the expired term of Gerald L. Rocha, Sr. - term to expire February 2023) - Recommended by Council President Hare Dover Public Library Advisory Commission - Five Year Staggered Terms to Expire June 16th - Reappointments Recommended by Mayor Christiansen Gertrude Jackson - Term to Expire June 16, 2023 (current term expired June 2018) Robert S. Wetherall - Term to Expire June 16, 2025 Public Advisory Committee of the Dover/Kent County MPO - Albert W. Holmes, Jr. (At-Large Alternate) - Two Year Term to Expire July 2021 (current term expired July 2019) - Reappointment Recommended by Mayor Christiansen Silver Lake Commission - Two Year Staggered Terms to Expire the First Regular Meeting in June - Appointments/Reappointments Recommended by Mayor Christiansen John C. DeMarie (to fill the expired term of Nicholas A. Adams - term to expire June 13, 2022) Lyle Allen Jones (term to expire June 14, 2021) (Reappointment) Marie E. Kozel (term to expire June 14, 2021) (Reappointment) Michael W. Lewis (term to expire June 14, 2021) (Reappointment)

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 14 FIRST READING - PROPOSED ORDINANCE #2020-12 Council President Hare reminded the public that copies of the proposed ordinance were 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 736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed ordinance will take place during the Council Meeting of October 26, 2020. Mr. David Hugg, Director of Planning and Community Development, advised that the ordinance amends some of the provisions in the Dover Code relating to traffic and, particularly, parking. He noted that the amendments were being made as a part of the Memorandum of Understanding (MOU) being considered the following night by the Council Committee of the Whole between the Downtown Dover Partnership and Colonial Parking. Mr. Hugg advised that the complete package would allow the Partnership to enter into an agreement with Colonial Parking to install and manage parking meters downtown. He advised that the initial analysis determined that there were some provisions in the Dover Code that would not allow that to take place. Mr. Hugg advised that he worked with City Solicitor Nicholas Rodriguez and the other parties to develop the necessary amendments. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: Ordinance #2020-12 Amending Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing, and Parking, Division 2 - Metered Parking, Division 3 - Removal and Disposition of Illegally Parked or Abandoned Vehicles, Sec. 106-181 - Definitions, and Division 4 - Downtown Parking FIRST READING - PROPOSED ORDINANCE #2020-05 STAFF SUBSTITUTE #2 WITH CCW/LF&A AMENDMENT #1 Council President Hare reminded the public that copies of the proposed ordinance were 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 736-7008 or cityclerk@dover.de.us. Amendments to Appendix B - Zoning require a Public Hearing. Staff recommended referral of the amendments to the Planning Commission on November 16, 2020 and that a public hearing be set for the Council Meeting of December 14, 2020 at 7:30 p.m., at which time final action by Council will take place. Mr. Slavin moved to refer the amendments and set a public hearing before the Planning Commission on November 16, 2020 and a Public Hearing before City Council on December 14, 2020 at 7:30 p.m., as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 15 Ordinance #2020-05 Amending Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses; Article X - Rental Dwellings; Appendix B - Zoning; and Appendix F - Fees and Fines FINAL READING - PROPOSED ORDINANCE #2020-11 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of September 28, 2020. 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. Lindell, seconded by Mr. Neil, Council, by a unanimous roll call vote, adopted Ordinance #2020-11, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division 1 - Generally of the Dover Code be amended to read as follows: ARTICLE II. - FIRE DEPARTMENT DIVISION 1. - GENERALLY Sec. 46-41. - Created; purpose. There is hereby created a city fire department, which shall protect and prevent against the hazard of fire. Robbins Hose Company No. 1, Inc., is hereby recognized and designated as the fire company of the city in accordance with the city Charter and this Code. (Code 1968, § 2-45; Code 1981, § 7-16; Ord. of 4-9-1990) Sec. 46-42. - Control; board of directors. The Fire Chief and President of the Fire Department will be the liaisons from the Fire Department to the City of Dover. Any rules and regulations will be negotiated between the Fire Department and City of Dover and approved by the Fire Department membership and City Council. (Code 1968, § 2-46; Code 1981, § 7-17) Sec. 46-43. - Semiannual inspections. In the months of April and October of each year, the city manager shall inspect the fire department with the Fire Chief and President, make inquiries as to the standing and efficiency of the fire

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 16 companies, investigate the capabilities of the officers of the fire department and the operators of fire department apparatus, and make a report to the city council, in writing, stating the results of their inspection and investigation and making those recommendations which they may deem proper. (Code 1968, § 2-47; Code 1981, § 7-18) Sec. 46-46. - Appeal of suspension. Upon suspension from the fire department, the suspended member, officer or fire company shall have the right to appeal to the city council, which, upon giving notice and an opportunity to be heard to those persons concerned, shall confirm the suspension or reinstate the member, officer or fire company. (Code 1968, § 2-66; Code 1981, § 7-21) Sec. 46-44. - Interference with discharge of duty. It shall be unlawful for any unauthorized person to break through the established fire barriers at a fire, to refuse to move from within the fire barriers or to, in any manner, interfere with or hinder any member of the fire department in the discharge of their duties. (Code 1968, § 2-67; Code 1981, § 7-22) Secs. 46-45—46-70. - Reserved. That Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division 2 - Officers of the Dover Code be amended to read as follows: DIVISION 2. - OFFICERS Sec. 46-71. - Generally. The officers of the fire department, from highest rank to lowest rank, shall respectively be fire chief, deputy fire chief, four assistant fire chiefs, and two fire captains. (Code 1968, § 2-50; Ord. of 10-25-1976; Code 1981, § 7-31; Ord. of 6-14-1993) Sec. 46-72. - Annual appointment by council. The fire chief, the deputy fire chief, the assistant fire chiefs and the fire captains shall be appointed at the first regular city council meeting in December by the city council. The appointments shall be made from the duly elected nominees of each fire company as provided in section 46-77. If, however, the city council deems the nominees or any one of them unsatisfactory, it may refuse to appoint those nominees and instead may order a special election in accordance with the provisions of this article to choose another nominee or slate of nominees.

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 17 (Code 1968, § 2-54; Ord. of 10-25-1976; Code 1981, § 7-32; Ord. of 6-14-1993) Sec. 46-73. - Qualifications. (a) Nomination. No person shall be considered a candidate for nominee election as fire chief, deputy fire chief, fire captain or assistant fire chief unless they shall have been regularly nominated for that office and their name shall appear upon the official ballot for that office at the nominee election. (b) Prerequisites; exception. The fire chief, deputy fire chief, assistant fire chiefs, and fire captains shall follow the Constitution and By Laws of the Robbins Hose Company. (Code 1968, § 2-55; Ord. of 10-25-1976; Code 1981, § 7-33; Ord. of 6-14-1993) Sec. 46-74. - Terms. (a) Calendar year. The fire department officers shall serve from the Tuesday after the first City Council meeting in December until the following Tuesday after the first City Council meeting in December, except that an appointee to fill a vacancy shall assume the post upon qualification. (b) End of service. If a successor has not been elected and qualified for office at the expiration of an officer's term, then the incumbent shall serve until his successor is duly elected and qualified. (Code 1968, § 2-56; Code 1981, § 7-34) Sec. 46-75. - Date of election of nominees. The election of nominees for fire department officers shall be held each year on the third Monday in November. (Code 1968, § 2-57; Code 1981, § 7-35) Sec. 46-76. - Notice of election of nominees. The Fire Department Secretary shall notify the various fire companies of the election of nominees for fire department officers at least one week before the nominee election is to be held, stating the time and place of the election. A copy of the notice shall at once be placed on the bulletin boards of the respective firehouses by the secretaries of the fire companies. (Code 1968, § 2-58; Code 1981, § 7-36)

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 18 Sec. 46-77. - Election and voting regulations for nominees. Each fire company shall conform to the following regulations for the conduct of nominee elections for fire department officers: (1) Membership list. At least one week before the nominee election, the fire department secretary and fire recorder shall post a list of its active members in good standing. These lists shall be certified by the president and secretary of each fire company, shall be under seal and shall be used by the judges of the nominee election to determine qualified voters. (2) Where and how election held. The nominee election shall take place at a firehouse designated by the fire department president and shall be conducted by three judges appointed by the fire department president for that purpose. (3) Eligible voters. The nominee election judges shall not permit anyone to vote whose name is not on one of the lists mentioned in subsection (1) of this section. If a member's name appears on the lists, but it is proven to the satisfaction of the judges that they do not meet the requirements of active membership, then that person shall cast a challenged ballot. The term "active membership," for the purposes of this section, shall mean a member who has responded to at least 125 of the alarms, by way of attendance, during the year immediately preceding the certification of the voting list and is in the category of active and life membership within the fire department. This requirement is waived for any member who was on active duty in the military service during any portion of that year and who is otherwise in good standing with his individual fire company. (4) Secret ballot. The nominee election shall be by secret ballot and each voter shall have only one vote for each of the open nominee positions. (5) When polls open. Polls shall open at 7:00 p.m. and shall close at 8:00 p.m. (6) Absentee voting. Follows the Constitution and By Laws of the Robbins Hose Company. (Code 1968, § 2-59; Code 1981, § 7-37; Ord. of 10-12-1982; Ord. of 8-14-2000; Ord. No. 2017-07, 6-26-2017) Sec. 46-78. - Certification of results of nominee election. Immediately after the close of the nominee election polls, the election judges shall tally and certify the results of the nominee election. The ballot box, together with the ballots, judges' certification and tally sheet, shall be sealed and delivered within 24 hours, to the city clerk. The city clerk shall submit the results of the election, together with the accompanying materials, to the city council at its next regular meeting following the election. (Code 1968, § 2-60; Code 1981, § 7-38)

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 19 Sec. 46-79. - Special nominee elections. If the city council shall order a special nominee election, to be held as provided in section 46-72, in order to replace a person the city council refused to appoint, that special nominee election shall be held at the time fixed by the Fire Department President and in the same manner as the regular nominee elections are held. At the special election, the person whom the city council refused to appoint shall not be voted for and any ballot cast for them shall not be counted. (Code 1968, § 2-62; Code 1981, § 7-39) Sec. 46-80. - No contestants. If there are no contestants available for any one of the fire department offices and this fact is certified by the president and secretary of each of the fire companies, then the city council shall appoint those officers without holding the nominee election. (Code 1968, § 2-62; Code 1981, § 7-40) Sec. 46-81. - Election to fill vacancy. Whenever the office of fire chief, deputy fire chief, fire captain or assistant fire chief shall become vacant through the resignation, death, absence or disability of any person holding that office, the vacancy shall be filled by an election held by the qualified fire company members affected by the loss of command. The election shall be held in the same manner and form as other elections of the fire department, in accordance with the provisions of this division. (Code 1968, § 2-63; Ord. of 10-25-1976; Code 1981, § 7-41) Sec. 46-82. - Powers and duties of fire chief. The fire chief shall: (1) Control at fires. Have full control of the fire department at all fires. (2) Assignment of duties. Assign to each fire company their respective duties, when necessary. (3) Implement rules. Implement those rules for the regulation and management of the fire companies at fires, and for going to and returning from fires. (4) Attend fires. (5) Summon police. Have the authority to summon the police to maintain order and protect property during the continuance of fires.

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 20 (6) Barriers. Cause barriers to be placed across the streets and sidewalks to prevent accidents and interference with the workings of the fire department and to admit no one within the enclosed limits, except equipped firefighters, the police and, in their discretion, those persons immediately interested in the property. (7) Demolish buildings. Have the power, when it is, in their opinion, absolutely necessary to stop the spread of a conflagration, to cause to be pulled down or blown up those buildings that shall be required to be removed. (8) Enter private property. Have the power to cause those members of the fire department that they shall deem proper, with the apparatus that shall be necessary, to enter upon any private property for the purpose of extinguishing a fire. They may cause those fences or other obstructions to be removed that they may deem necessary. (Code 1968, § 2-51; Code 1981, § 7-42) Sec. 46-83. - Submission of annual report to city council. The fire chief and president shall present the city council with a report at its annual meeting, which shall state the fire suppression and administrative activities of the department. (Code 1968, § 2-33; Code 1981, § 7-43) Sec. 46-84. - Powers and duties of deputy fire chief, assistant chiefs and fire captains. (a) In the absence of the fire chief, the deputy fire chief, and the assistant fire chiefs, a fire captain, who shall be predetermined by the fire chief, shall assume the powers and duties and be obeyed accordingly. (b) In the absence of the fire chief, the deputy fire chief, and the assistant fire chiefs, the fire captain shall then assume the powers and duties and be obeyed accordingly. (c) It shall be the duty of the deputy fire chief, the assistant fire chiefs, and the fire captain to be present at all fires and to assist the fire chief in the discharge of the duties of his office. (Code 1968, § 2-52; Ord. of 10-25-1976; Code 1981, § 7-44; Ord. of 6-14-1993) Secs. 46-85—46-120. - Reserved. ADOPTED: OCTOBER 12, 2020 CITY MANAGER'S ANNOUNCEMENTS Mr. Matt Harline, Assistant City Manager, announced that COVID-19 testing would be held at Dover Park on October 13, 2020 from 10:00 a.m. to 6:00 pm.

CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 21 COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Hare announced that the City Manager Selection Committee had reviewed eight of the 24 applications that were received and interviews were being scheduled with five applicants. He noted that the Committee would narrow the selection down to the top two or three candidates and then schedule interviews with the full City Council. Mr. Neil moved for adjournment, seconded by Mr. Anderson and unanimously carried. Meeting adjourned at 7:55 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of October 12, 2020 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2020\10-12-2020 REGULAR CITY COUNCIL MINUTES.wpd