Regular Council Packet

CITY OF DOVER, DELAWARE REGULAR CITY COUNCIL MEETING Monday, February 27, 2023 at 6:30 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA VIRTUAL MEETING NOTICE This meeting will be held in the City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/ey5jyz Event number: 2538 343 8450 Event password: DOVER (if needed) If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts. The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's Streaming Player located at www.cityofdover.com under "Quick Links". OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.) The “Open Forum” segment is provided to extend the opportunity to the general public to share their questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda as a public hearing is prohibited during the Open Forum as an opportunity will be provided during consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from taking action since they are not in official session; however, they may schedule such items as regular agenda items and act upon them in the future. INVOCATION - Elder Ellis B. Louden PLEDGE OF ALLEGIANCE - Dr. Pillsbury ADOPTION OF AGENDA ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Page 1

REGULAR CITY COUNCIL MEETING - February 27, 2023 PAGE 2 PRESENTATIONS 1. Robbins Hose Company 2022 Annual Report RESOLUTIONS 2. Resolution No. 2023-01 - Ralph L. Taylor, Jr. CONSENT AGENDA ADOPTION OF MINUTES 3. Regular City Council Meeting of February 13, 2023 COMMITTEE REPORTS 4. Council Committee of the Whole Report February 14, 2023 Parks, Recreation, and Community Enhancement MAYOR AND COUNCIL REPORTS 5. Council President 6. First District 7. Second District 8. Third District 9. Fourth District 10. At- Large 11. Mayor Christiansen 12. Review of Active Recreation Plan – Leander Lakes III Apartments on part of the property at 2285 Forrest Avenue (Planning Reference #S-23-04) Mary Ellen Gray, Director of Planning and Inspections) Legislative, Finance, and Administration Committee 13. Downtown Dover Partnership Presentation on Next Steps of Downtown Dover Master Plan (Diane Laird, Director of Downtown Dover Partnership) (Committee Action Not Required) ITEMS NOT ON THE CONSENT AGENDA ORDINANCES Page 2

REGULAR CITY COUNCIL MEETING - February 27, 2023 PAGE 3 14. Rescheduling of Public Hearing - Proposed Ordinance #2023-01 Comprehensive Plan Amendments 2023 (Applicant Request) Review of a series of Amendments to the 2019 Comprehensive Plan, as amended. The Amendments include consideration of the following as associated with Annexation Application AX-23-01 Lands of Calpine Holdings, LLC – Two Properties on White Oak Road: requests for amendment of Map 13-1: Potential Annexation Areas to revise the Annexation Plan category of two properties and requests for amendment of Map 13-2: Potential Land Uses for Annexation Areas to identify the Land Use Classification of two properties. (Planning Reference: MI-23- 01) A. Consideration of Amendments to Map 13-1: Potential Annexation Areas Plan Map - Request for two parcels located on the north side of White Oak Road and west of Bayside Drive to revise the Annexation Plan category from Area of Concern and unidentified area to Category 2: Priority Annexation Area on Map 13-1: Potential Annexation Areas Plan Map. a. Property Area: 144.83 acres +/-. Property Address: unaddressed parcel near White Oak Road. Property Owner: Calpine Holdings, LLC. Tax Parcel: LC-00-058.00-02-49.00-000. b. Property Area: 104.06 acres +/-. Property Address: 3015 White Oak Road. Property Owner: Calpine Holdings, LLC. Tax Parcel: LC-00-058.00-02-48.00-000. B. Consideration of Amendments to Map 13-2: Potential Land Use for Annexation Areas Map - Request for two parcels located on the north side of White Oak Road and west of Bayside Drive to identify the Land Use Classification as Public & Private Utilities on Map 13- 2: Potential Land Use for Annexation Areas Map. a. Property Area: 144.83 acres +/-. Property Address: unaddressed parcel near White Oak Road. Property Owner: Calpine Holdings, LLC. Tax Parcel: LC-00-058.00-02-49.00-000. b. Property Area: 104.06 acres +/-. Property Address: 3015 White Oak Road. Property Owner: Calpine Holdings, LLC. Tax Parcel: LC-00-058.00-02-48.00-000. The First Reading of Proposed Ordinance #2023-01 was completed on January 23, 2023, at which time a public hearing before City Council was set for Monday, March 13, 2023, at 6:30 p.m. The applicant is requesting the public hearing/final reading be rescheduled for the Regular City Council Meeting scheduled for Monday, April 10, 2023. The Public Hearing occurred at the Planning Commission Meeting on Tuesday, February 21, 2023. (Staff Recommendation: Approve the applicant request to reschedule the public hearing/final reading of Proposed Ordinance #2023-01 to the Regular City Council Meeting scheduled for Monday, April 10, 2023.) . CITY MANAGER’S ANNOUNCEMENTS MAYOR'S ANNOUNCEMENTS Page 3

REGULAR CITY COUNCIL MEETING - February 27, 2023 PAGE 4 COUNCIL MEMBERS’ ANNOUNCEMENTS ADJOURNMENT THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING Page 4

Item #1. DOVER FIRE DEPARTMENT Annual Fire Chief's Report Volunteers Since 1882 2022 Year in Review Presented by Fire Chief David Carey Page 5

2022 Fire Line Officers Item #1. (L-R) 2nd Fire Line Captain Chad Knotts, 1st Fire Line Captain Jason Boc, 4th Asst Chief Sierra Brown, 3rd Asst Chief Wes LibertoPage / Jim 6 Iannucci, 2nd Asst Chief Brian Bashista, 1st Asst Chief Ben Smetana, Deputy Chief, Sean Christiansen, Fire Chief David Carey

Item #1. FIRE DEPARTMENT VISION •To continue providing Fire/Rescue protection to the Citizens of the City of Dover and surrounding communities. •Improve initial response times by creating a paid per point/per call system for the volunteer fire service. • Continue to recruit new volunteers to create a well diverse, professional atmosphere like no other fire department offers,​ in order to retain volunteers •Work towards members staffing stations 24 hours a day while running over 1,500 calls a year, creating a like home environment for students and remote employees with street experience like no other Page 7

Dover Fire Department Item #1. 2022 Response Stats • The Fire Department responded to: • 1530 Calls for Service • 55 Working Fires • 38 Motor Vehicle Accidents where someone was trapped • 716 General Alarms • 603 Silent Alarms (Duty Crew) • 47 Crew Call • 164 Officers Call Page 8

Incidents by Type Item #1. 0 3 162 15 143 717 115 159 214 Fire (162) 10.60% Overpressure (15) .98% Rescue & EMS (143) 9.36% Hazardous Condition (115) 7.53% Service Call (159) 10.41% Good Intent Call (214) 14.01% False Alarm (717) 46.92% Weather (0) 0% Special Incident (3) 0.20% Page 9

Fires Broken Down by Type Item #1. 5 24 55 19 1 4 29 26 6 Building (55) Out Building (4) Cooking (26) Heater (6) Rubbish (29) Mobile Home (1) Vehicle (19) Brush (24) Dumpster (5) Page 10

2022 Accomplishments Item #1. by the Dover Fire Department • Recruitment - Increase volunteer members • Through Marketing on Facebook, Instagram, Capital School District and Community Outreach • In 2022 the Dover Fire Department brought in 21 new members. Consisting of: 20 Males 1 Female • New Member Diversity 15 - Caucasian 5 - African American 1 – Hispanic Page 11

2022 Accomplishments Item #1. by the Dover Fire Department Implementation of an Incentive Program • Consist of setting goals for members to obtain for Training, Responses and Duty Crew hours. • Instituted a Duty Crew meal stipend Continued Implementation of a Duty Crew Program • Staffing fire apparatus for over half of the fire department responses in the past year. • Volunteers staffed a fire station for a combined total of 25,886 hours. • Reducing our average turnout time to 2 minutes and 32 seconds over the course of the year. Page 12

2022 Accomplishments Item #1. by the Dover Fire Department Worked with Kent County Levy Court for American Rescue plan funding. We were able to obtain 1.2 million in American Rescue Plan funding which allowed us to make the following improvements • Funded 23 bunkrooms and Furniture for both Fire Stations • Funded 16 AED’s for Fire Apparatus to ensure the Firefighter and Public Safety for Cardiac Arrest patients. • Funded an Alerting System in both Fire Stations to alert Firefighters for emergencies • Funded Firefighter Gear Washers and Dryers to fight firefighter cancer • Funded New Computer Tablets and mounting systems for Fire Apparatus for interoperability with Kent County 911 and County Fire Stations • Funded Body substance Isolation equipment for protection against COVID • Funded HVAC Replacement, Repairs and Maintenance • Reimbursement for Food during COVID when stations were staffed around the clock. Page 13

2022 Accomplishments Item #1. By the Dover Fire Department • Instituted Training requirements for Drivers, Firefighters and Fire Officers • Reduced the Insurance Services Office rating from a ISO 4/4B to an ISO 3/3A. Saving property owners on their Home Owners Insurance • Received two utility vehicles replacing a 1996 GMC and 2005 Ford F350 pickup truck – This was funded through our State Representatives • Received two new Command Vehicles replacing two 2014 Chevrolet Tahoe's. – Funded through our State Representatives Page 14

Item #1. Call Volume by Month 1,530 Calls for Service 180 154 160 147 134 140 140 140 119 123 118 113 120 113 120 109 100 80 60 40 20 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Page 15

Item #1. Call Volume by Day of Week 1,530 Calls for Service 300 250 250 230 227 215 199 206 201 200 150 100 50 0 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Page 16

Item #1. Call Volume by Hour of Day 1,530 Calls for Service 120 100 98 95 95 92 80 88 87 86 84 84 79 79 79 71 60 58 57 40 50 42 43 40 39 20 45 23 22 14 0 Page 17

Total Personnel Hours Item #1. Overall 2022 11 0 Incident Duration Times 13,488 Hours 3,024 3,285 Increase 835 Hours from 2021 144 37 Man hours per day 1,750 2,535 1,068 1,671 False Alarm (3,285) Good Intent (2,535) Service Call (1,671) Hazmat (1,068) Rescue/EMS (1,750) Overpressure (144) Fire (3,024) Special (11) Severe Weather (0) Page 18

Item #1. Training To Protect and Serve Members attended 3,076 hours in State Fire School and In-House training offered throughout the year. Members were instructed on numerous topics from fire suppression, to Emergency Medical Technician. Page 19

Item #1. Fire Prevention The fire department contacted approximately 5,000 children in Community outreach programs. Page 20

Item #1. Challenges for the Fire Department Staffing – Volunteerism is suffering Nationwide, even in the City of Dover. • In a NFPA report it is estimated that there are 1,149,300 firefighters in the United States. • 341,150 are career firefighters. • 808,150 are Volunteer Firefighters that make up 70 percent of all firefighters in the United States. Page 21

Item #1. CHALLENGES FOR THE FIRE DEPARTMENT • Several of our active members have moved out of the City of Dover, especially in the Downtown area. Majority of them are still active, however this makes it difficult for home response. • Several members are now working two jobs to pay bills, spending time with family and the fire department is a huge commitment that takes away from that Page 22

CHALLENGES FOR THE FIRE DEPARTMENT Item #1. • Funding – Fund Drive is at an all time low. What contributes to this: • Citizen awareness - Many residents of the communities are completely unaware that their local fire department are staffed and protected by volunteer firefighters • In a national survey, it is estimated that 80 percent of community members reported not knowing if their local department is looking for volunteers. • Community members have a hard time differentiating between paid and volunteer personnel based on their training requirements, their performance on the fireground, their physical appearance, and the willingness to risk their lives in their community. • Increasing demands challenges retention - Volunteer firefighters save localities an estimated $140 billion a year, Page 23

Item #1. Goals for 2023 • Improve initial response times by creating a Nationally known paid per point/per call system • Continue recruit new volunteers to create a well diverse, living and family atmosphere • Work towards members staffing stations 24 hours a day • Create a Career Ladder for promotional opportunities at the Fire Department • Add (6) six additional employees to the Fire Department staff • Consisting of: • 5 Operational employees • 1 Fire Service Administrative Manager Page 24

Item #1. Goals for 2023 • Replacement of a 18 year old Ladder truck FY23-24 Budget. This was approved by Council and Ordered, Delivery projected November 2023. • Begin the future replacement of a 18 year old Fire Engine, for FY 25. This has a 30 – 40 month Delivery window. Projected cost will be between 900K to a Million Dollars. • Begin installation of New World Computer Aided Dispatch System in the Communications Center • Design a Fire Department Training Facility/Area at the Rear of Fire Station 2. Page 25

Create a Paid Per Call/Point Program Item #1. • Create a Paid Per Call/Point Program to recruit and retain volunteer firefighters to provide fire protection for the City of Dover. • This is a nationally known Fire Department program to entice recruitment and retention of volunteer firefighters to provide fire protection at a minimum cost in comparison to a Career Fire Department. • This program would consist of volunteer firefighters, volunteering their time to provide fire protection while receiving a stipend to entice their efforts as well as continuing to provide a volunteer fire service to the City of Dover. • This type of program would save the City of Dover approximately 20 million dollars a year based on fire department of equal size. Page 26

Paid Per Call/Point Program vs Item #1. Career Fire Departments in comparison • City of Dover​ • City of Salisbury (19 Million) • Population of 38,992​ • Population of 33,050​ • All Volunteer • Combination Department​ • Annual Budget​ • 13 Million Annual Budget​ • 5 engines, 2 Ladders​ • 3 ALS, 1 BLS​ • 5 Engines, 3 Ladders, 1 Rescue​ • City of Annapolis (22 Million) • City of Wilmington (28 Million) • Population of 40,812​ • Population of 70,898​ • All Career Fire Department​ • All Career Fire Department​ • 23 Million Annual Budget​ • 27.5 Million annual Budget​ • 6 Engines, 2 Ladders, 1 Rescue​ • 12 Engines, 2 Ladders​ • 3 Paramedic units​ • 140 Firefighters on staff​ Page 27

Item #1. Incentives for Volunteer members • City Reimbursement Program for College Tuition – To entice younger people in the community to join the fire department. • City Property Tax Discount – The intent is for a property tax discount is to retain volunteer firefighters within the City of Dover and entice City residence to join the fire department. • Volunteer Firefighter Stipend – Any active Dover firefighter who responded to 125 incidents over the course of a year. • A Paid Per Point/Call Program – Members of the fire department to get a stipend of $15.00 per point/ Call. Points are obtained by members responding in to calls or staffing the fire stations for a given amount of time. One-point equals 3 hours. • Volunteer Elected Fire Chief – Add a Fire Chief’s Stipend of $23,000 per year. (Supported By the Fire Department Membership) Page 28

Item #1. Duty Crew Incentive Program • Staff both fire stations with six (6) firefighters, 24 hours a day with the ability to cross staff the Engine, Ladder or Squad depending on the incident and location. • Staff one (1) Duty Officer per day. • Totaling (13) firefighters on Duty each day on a Paid Per Point System. • The Paid Per Point System would be based on one point per every three hours for those committing to a Duty Crew or one (1) point per response from home. Page 29

Item #1. Funding Options • Work with City Management /Council to fund this program through the quarterly Fire Department Stipend. • The Fire Department would apply for a Staffing For Adequate Fire And Emergency Response (SAFER) grant to fund the program. • If the SAFER grant was awarded, the Paid Per Call Program would be funded through the grant as well as the additional employees and later taken back over by the City after a period of time outlined by the SAFER grant. Page 30

Item #1. Other Incentive Option Funding • Tuition Reimbursement would be paid by the City either directly to the student or through a reimbursement to the fire department. • A City Property Tax Discount or volunteer firefighter stipend granted by the City of Dover. • Those Eligible for the property tax discount or stipend would need to obtain 125 points or more to receive the benefit. A list would be provided to the city each calendar year. Page 31

Item #1. Incentive Program Cost • Paid Per Point Program for (13) firefighters including one Duty officer. • Total: $1,708,200 • General Alarm Home response $45,000 based on 300 General Alarms • Total: $919,800 Page 32

Current City of Dover Item #1. Fire Department Employees • We currently have 5 Full time Fire Dispatchers, who dispatch fire and rescue emergencies for the City of Dover and our surrounding areas. The five dispatchers are City of Dover Employees.​ • We have a part-time contract position for a Fire Chief's Assistant that is now vacant. • This position at one time was a full time City of Dover employee. We would like to revert to a Full-time employee and give this person additional responsibilities to assist with administrative and operational duties of the fire department. • The Contract position is paid for by the City of Dover through the annual contribution to the fire department.​ Page 33

Future City of Dover Fire Department Item #1. Employees • Fire Chief's Assistant – Re-establish a full-time administrative position that will be capable of performing administrative duties for the Fire Department as well as be trained and certified to ride fire apparatus as needed. • Request an Additional five employees • Four employees for fire station 1. 24/72 schedule • One employee for Fire Station 2. 2, 2, 3 schedule (Day Shift)​ • These employees would be universal employees that would be cross trained as Fire Dispatchers and Firefighter Technicians Page 34

City of Dover Fire Department Employee Promotional Item #1. Opportunities • Fire Dispatcher I • Entry Level​ • 2 years of Fire Service Experience • Fire Dispatcher II • Certified in Emergency Fire Dispatch​ • National Certified Firefighter I and II​ • Driver/Operator of all Fire Department Apparatus​ • Firefighter Technician​ • Certified in Emergency Fire Dispatch​ • National Pro Board Firefighter I and II​ • National Certified Fire Officer I​ • Certified Rescue Technician • Driver/Operator of all Fire Department Apparatus​ • These would be automatic promotions based on training, Certifications and time in service. Page 35

Item #1. Employee Benefits • The City of Dover offers vision insurance, a choice of health care and dental plans, flexible spending accounts, short and long- term disability insurance, life insurance and a choice of 401a/457 deferred compensation plans.​ • We would like to offer them the following along with the other City Benefits:​ • 20 State of Delaware Fire/Police Pension Plan. • 100 percent Employee of Health Care, Dental and Vison Page 36

Item #1. Employee Cost • Addition of six (6) additional employees • (5) Operational • (1) Administrative/Operational • Total: 478,000​ Page 37

Department Social Media Item #1. Facebook Instagram DFD Website Over 13K followers Over 2.1K followers Over 2.3 million views Page 38

Item #1. The Officers, men and women of the Dover Fire Department remain the only State capital in the Nation to be protected by a 100% volunteer fire department. We are prepared and ready to provide the City of Dover with the finest fire protection in the State. We look forward to a safe and productive year working with City officials and the Mayor and Council. Page 39

Item #1. It would not be possible to do what we do without the City’s support. The City of Dover makes it possible for us to be the successful department that we are. Questions???? Page 40

Item #3. REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on February 13, 2023, at 6:30 p.m. with Council President Sudler presiding. Council members present were Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Hare. Mrs. Arndt was absent. Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Mrs. Gray, Mr. Junge, and Ms. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to the commencement of the Official Council Meeting. Council President Sudler declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. Reginald Montour, 112 Mafia Court, stated that he is the new Captain at the Salvation Army as of August 2020. Mr. Montour explained that every year, they send kids to camp and that most of the kids that they send to camp cannot afford to pay for the full camp. The camp is about $250, and they just make them pay $25. Where does the Salvation Army find the money? The money comes from ringing the bell every year. Currently, they are in need of a 12-passenger van. The Salvation Army does not want to send kids if they are unable to drive them to camp because when they come, they have a good experience, and their parents testify that their behaviors change. They also have a music program right now at the Salvation Army every Monday. They know that when the kids learn music, they achieve good grades at school. That is why they are mostly focusing on the kids and helping them with the music program. INVOCATION The invocation was given by Mayor Christiansen PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Neil. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury, and unanimously carried (Arndt absent). ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Hare moved for adoption of the consent agenda, seconded by Mr. Rocha and carried by a unanimous roll call vote (Arndt absent). PRESENTATION - RECOGNITION OF SERVICE-WILLIAM A. HUFNAL Page 41

CITY COUNCIL MEETING OF FEBRUARY 13, 2023 PAGE 2 Item #3. On behalf of members of Council, Mayor Christiansen presented Mr. William A. Hufnal with a Dover Cup in recognition of his service on the Planning Commission from November 2005 through July 2022. PRESENTATION - 2022 ANNUAL REPORT – DOWNTOWN DOVER PARTNERSHIP Diane Laird, Executive Director of Downtown Dover Partnership, reviewed the 2022 Annual Report. Mr. Neil moved for acceptance of the 2022 Annual Report of the Downtown Dover Partnership. The motion was seconded by Mr. Anderson and unanimously carried (Arndt absent). PRESENTATION - 2022 ANNUAL REPORT - DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Mrs. Mary Ellen Gray, Director of the Department of Planning and Community Development, reviewed the 2022 Annual Report. Mr. Neil moved for acceptance of the 2022 Annual Report of the Department of Planning and Community Development. The motion was seconded by Mr. Boggerty and unanimously carried (Arndt absent). PRESENTATION - 2022 ANNUAL REPORT – ROBBINS HOSE COMPANY Mr. Hare moved to defer the Robbins Hose Company 2022 Annual Report to the February 27, 2023, Regular Council Meeting. The motion was seconded by Mr. Rocha and unanimously carried (Arndt absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 23, 2023 The Minutes of the Regular Council Meeting of January 23, 2023, were unanimously approved by motion of Mr. Hare, seconded by Mr. Rocha, and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE-JANUARY 23, 2023 The Council Committee of the Whole met on January 24, 2023, at 6:00 p.m. with Councilman Boggerty presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Hare, Mr. Neil, Dr. Pillsbury, and Mr. Rocha. Mr. Sudler and Mr. Taylor were absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Dr. Jackson (Safety, Advisory, and Transportation Committee, Mr. Shelton (Utility), Mr. Contant (via WebEx), and Mr. Shevock (via WebEx) (Legislative, Finance, and Administration Committee). Mr. McCutcheon (Utility) and Mr. Hosfelt (Safety, Advisory, and Transportation) were absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. Page 42

CITY COUNCIL MEETING OF FEBRUARY 13, 2023 PAGE 3 Item #3. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Boggerty presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried. Quarterly Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects (Marilyn Smith, Executive Director, Dover/Kent MPO) Ms. Marilyn Smith, Executive Director, Dover/Kent MPO reviewed the presentation entitled Dover/Kent County MPO Dover City Council, Committee of the Whole. Committee action was not required. Responding to Mr. Neil, Ms. Smith stated that contacting property owners is outside the scope of the Dover/Kent County MPO. Ms. Smith explained that they do not do economic development and that would be more in the purview of Ms. Linda Parkowski, Director of Kent Economic Partnership. Responding to Mr. Neil, Ms. Smith stated that if a property owner wanted to rezone their property that would go through the City of Dover Planning Office, not the Dover/Kent County MPO. Responding to Mr. Neil, Ms. Smith stated that when Dover/Kent County MPO started the rail study they started with 600 parcels along the rail. Ms. Smith explained that they went through a process of eliminating parcels that should not be considered due to having houses on them, wetlands, and agricultural land preservation. Ms. Smith further explained that this process brought the number down to 140 parcels and those parcels can be found in the study. Mr. Anderson thanked Ms. Smith and the Dover/Kent County MPO for the work that they do and their engagement. Mr. Anderson stated that there is a tremendous concern regarding the east and west parts of State College Road. Mr. Anderson stated that his concern is that it has fallen years behind the Kenton Road project, which is about to begin. Mr. Anderson explained that residents of the first and fourth districts have expressed several concerns. Mr. Anderson further explained that when it comes to houses and residents, this area is a safety concern. Mr. Anderson stated that State College Road is a real concern of the people and that he wanted to make sure the importance of that is Page 43

CITY COUNCIL MEETING OF FEBRUARY 13, 2023 PAGE 4 Item #3. known during the time it is being evaluated. Responding to Mr. Anderson, Ms. Smith stated that State College Road is on the radar of Dover/Kent County MPO. Ms. Smith explained that she does not know which fiscal year the project is currently in but would send an update to the City Clerk’s Office. Mr. Neil stated that about seven years ago, Councilman Anderson was very prescient when he noticed that White Oak Road should be elevated on the project list. Mr. Neil stated that the area of White Oak Road is the link between Route 9, the airport, and potential economic development prospects. Responding to Mr. Neil, Ms. Smith stated that White Oak Road and the area Mr. Neil identified, were both included in the Dover Air Cargo Study that was completed 18 months ago. Ms. Smith stated that the recommendations in that study were to improve all the roads at one time or they could be done in pieces. Ms. Smith noted those recommendations were updated in the long-range plan. Mayor Christiansen stated that the other day he noticed signs along West State College Road preparing for either 2025 or 2026. Mayor Christiansen stated that they were conducting surveys on how much they are going to take off the front of the properties that are there to accommodate the repairs council has sought out. Mayor Christiansen noted that he was really concerned about the work on Dover Kenton Road in conjunction with Salisbury Road and State Street. Responding to Mr. Anderson, Mayor Christiansen stated that last week he and Ms. Linda Parkowski, Director of Kent Economic Partnership had been in contact with the senatorial delegation and Representative Lisa Blunt Rochester. Mayor Christiansen explained that the Joint Use Agreement with Dover Air Force Base should be signed by this spring. Mayor Christiansen further explained that the Joint Use Agreement will allow the number of civilian air flights at the Civilian Air Terminal to go from 2,500 to 10,000 a year. Mayor Christiansen stated that businesses are interested in using the Joint Use Agreement as an overflow for their freight operations. Mayor Christiansen explained that is why the city is supporting the construction of large warehouses on Lafferty Lane to accommodate the impact of the Joint Use Agreement. Mayor Christiansen further explained that FedEx is already using a warehouse in the area as a dump point for their operation in anticipation of being able to use the Joint Use Agreement. Mayor Christiansen stated that it is encouraging that the city is headed in the right direction because POLYTECH has opened its school of Page 44

CITY COUNCIL MEETING OF FEBRUARY 13, 2023 PAGE 5 Item #3. aircraft maintenance for certificates in aircraft repair. Ms. Smith explained that once this was brought to the Dover/Kent County MPO’s attention, that was the reason for the study. They needed to find out beyond the Civil Air Terminal, what other airport operations are already here, licensed, and available to support expanded operations. Responding to Mr. Anderson, Ms. Smith stated that she would provide a map to the City Clerk’s Office showing the airports that are identified in the Air Cargo Study. Ms. Smith explained that most of the existing airports are surrounded by farmland, wetlands, or other environments that do not allow them to expand their footprint. Ms. Smith further explained that what they can do is refine and expand their operation within their existing footprint. Request for Waiver – Appendix A - Subdivisions, Article VI - Subdivision – General Requirements and Design Standards, Section E - Lots (Plan for East Carolina Supply Warehouse at 631 Ridgely Street) - Waiver to Create Lot without Frontage on a Public Street associated with Site Plan and Minor Subdivision Plan to subdivide property consisting of 28.65 acres into two parcels (Parcel A and Residual) (Property Owner: Clara Ridgely Project, LLC. Property Address: 631 Ridgely Street. Tax Parcel: ED05-076.08-01- 01.00-000. Planning Reference: S-23-01) (Mary Ellen Gray, Director of Planning and Inspections) Mr. Hare moved to recommend approval of the requested Subdivision Waiver to allow the creation of a lot without Frontage on a Public Street, as recommended by the Planning Commission, the motion was seconded by Mr. Neil. Ms. Arndt requested a brief overview of the Request for Waiver by Ms. Gray. Ms. Mary Ellen Gray, Director of Planning and Inspections, reviewed the background and analysis of the Request for Waiver. Responding to Mr. Neil, Ms. Gray referenced the maps on pages 49 and 50 of the Council Committee of the Whole Packet. Ms. Gray explained this property is a 25-acre parcel that is being subdivided just south of the Playtex property. Responding to Mr. Neil, Ms. Gray stated that he was correct, waiving the lot facing a public street would decrease the parking. Planning Commission recommended approval of the requested Subdivision Waiver to allow the creation of a lot without Frontage on a Public Street. Mr. Anderson stated that this is a reminder to council that they need to Page 45

CITY COUNCIL MEETING OF FEBRUARY 13, 2023 PAGE 6 Item #3. look over the parking lot requirements. Adjusting those to make them match the needs of the use, could also benefit the stormwater management plan. Mr. Hare moved to recommend approval of the requested Subdivision Waiver to allow the creation of a Lot without Frontage on a Public Street, as recommended by the Planning Commission. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Hare moved for approval of the Committee’s recommendation seconded by Mr. Rocha and carried by a unanimous roll call vote (Arndt absent). Mr. Boggerty moved for adjournment of the Safety, Advisory, and Transportation Committee, hearing no objection, the meeting adjourned at 6:39 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Ms. Arndt moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Mid-Atlantic Justice Coalition Presentation (Kerri Evelyn Harris, Jay Monteverde, Rosie Stone) Ms. Harris, Mr. Monteverde, and Ms. Stone reviewed the presentation MAJC Now. Committee action was not required. Mr. Anderson thanked the Mid-Atlantic Justice Coalition for their presentation and the valuable information they brought forth. Responding to Mr. Anderson, Mr. Monteverde stated that they are staff at the non-profit organization, Namati, and that they do not request to be included in any budgets or line items of grants that they may be able to support the applications for. Mr. Monteverde explained that Namati is funded through philanthropic donors and individual donors. Responding to Mr. Anderson, Ms. Stone stated that they mostly focus on federal program funds, learning more about and tracking new opportunities and new programs that are coming out of the Inflation Reduction Act and Infrastructure Bill from 2021. Ms. Harris stated that they primarily focus on federal funds, however, if something comes up and they cannot find federal funding for it but Page 46

CITY COUNCIL MEETING OF FEBRUARY 13, 2023 PAGE 7 Item #3. can find it elsewhere they will identify it. Ms. Harris explained that they are not only trying to get the funding but also sending information up to the federal level to give suggestions on improving the process. Responding to Mr. Anderson, Ms. Harris stated Mid-Atlantic Coalition is currently grant assisted. Ms. Harris noted that after speaking with Mr. Lyon, Director of Water and Wastewater, the City of Dover does not have a grant writer and that it became clear how important it is. Ms. Harris explained that they have added hiring grant writers to their hiring plan and are working with the federal government to create grants for municipalities to hire grant writers. Ms. Harris further explained as they learn of gaps, they are doing their best to fill those gaps internally or externally. Responding to Mr. Anderson, Ms. Stone stated that she did not have the filing deadline for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) filing deadline but would provide it to the City Clerk’s Office. Mr. Neil stated that Mosaic developed the Master Plan for the Downtown Dover Partnership (DDP) and that more sources of funding that the city could go to for the purpose of rebuilding the downtown were found. Mr. Neil stated that he was happy the voters found an alternate source of income by electing Ms. Harris to the State’s Legislature with the full understanding that she understands what they need. Mr. Neil stated that his soapbox is housing, affordable housing, breaking the stranglehold of private equity with public service commission for renters. Mr. Neil stated that is going to help with everything that Mid-Atlantic Coalition is trying to do. Responding to Mr. Rocha, Ms. Stone stated that there are different programs that fall under the broader umbrella of the Community Development Block Grant (CDBG) that deal with the façade and building rehabilitation for residential and commercial properties. Ms. Stone noted that council should consult with the City’s CDBG Program Manager. Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection, the meeting adjourned at 7:13 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil Page 47

CITY COUNCIL MEETING OF FEBRUARY 13, 2023 PAGE 8 Item #3. and unanimously carried. Update from the International Brotherhood of Electrical Workers (IBEW) on Membership Priorities (Jamie Sack, IBEW) Mr. Jamie Sack, System Operation Crew Leader, Electric Department, and Shop Steward, IBEW Mr. Sack stated that their local union encompasses other entities outside the City of Dover and that they have a full-time Business Manager. Mr. Sack explained that the Business Manager was here in November, Steve Newberry, unfortunately, Tuesday night is Union Night at their hall up north, so it is difficult for him to come to the Council Committee of the Whole meetings. Mr. Sack stated that the IBEW was supposed to present at the beginning of December, but the executive session ran long, and they are back now. Mr. Sack stated that since that night, he has sent a copy of a letter to everyone on council along with some comparable items. Mr. Sack explained that since that time, IBEW has had a sit-down meeting with Mr. Dave Hugg, City Manager, Ms. Sharon Duca, Assistant City Manager, and Ms. Poole, Human Resources Director to discuss the letter that was sent. Mr. Sack noted that there were some positives that come from that meeting, but unfortunately, there has not been any update since. Mr. Sack explained that the biggest priority of the IBEW at this time is for the city to complete a comparable wage study. Mr. Sack stated that the IBEW was left out of the wage equity study and that they felt it was disheartening to try to compare them to other municipalities in the state. Mr. Sack explained that the City of Dover Electric Department has different responsibilities than other municipal electric departments. Mr. Sack further explained that Mr. Newberry, covered in the letter, they are not full-time, and now their job title may be linemen, but they are changing light bulbs in buildings, cutting the grass, and hanging Christmas lights. Mr. Sack stated that the City of Dover linemen and operators go out every day, work hot primary, terminate on the ground, and relay tech from substations. Mr. Sack stated that their field engineers are working. Mr. Sack stated that the IBEW wants their jobs to be compared to other entities that they are comparable to for example, Chesapeake Utilities and Delaware Electric Co-op. Responding to Mr. Anderson, Mr. Sack stated that IBEW would be interested in having a conversation regarding buying into the pension plan. Page 48

CITY COUNCIL MEETING OF FEBRUARY 13, 2023 PAGE 9 Item #3. Update on American Rescue Plan Act (ARPA) Allocations (Tracey Harvey, CDBG Program Manager, and Jeff Dill, Budget Analyst) Ms. Tracey Harvey, CDBG Program Manager, and Jeff Dill, Budget Analyst provided an update regarding the ARPA allocations. Staff recommended awarding $499,610.82 in ARPA funds to sub- grantees to carry out projects in response to Covid-19. Mr. Rocha moved to recommend awarding $499,610.82 in ARPA funds to sub-grantees to carry out projects in response to Covid- 19, as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Hare moved for approval of the Committee’s recommendation seconded by Mr. Rocha and carried by a unanimous roll call vote (Arndt absent). Mr. Contant requested an update regarding the structural engineer report for the old Dover Post Office. Mr. Anderson moved for the adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection, the meeting adjourned at 7:24 p.m. Mr. Boggerty moved for adjournment of the Council Committee of the Whole meeting, hearing no objection, the meeting adjourned at 7:24 p.m. MONTHLY REPORTS - DECEMBER 2022 By motion of Mr. Hare, seconded by Mr. Rocha, 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 SELECTION OF POLLING PLACES FOR 2023 REGULAR MUNICIPAL ELECTION The Election Board met on February 3, 2023, and recommended the Elks Lodge #1903, 200 Saulsbury Road, as the First (1st), Second (2nd), and Mayor (Citywide) polling place for the 2023 Regular Municipal Election. Mr. Neil moved that the Elks Lodge #1903 located at 200 Saulsbury Road be the polling place for the First (1st) District, the Second (2nd) District and Mayor (Citywide). The motion was seconded by Mr. Rocha and carried by a roll call vote of 6 in favor, one opposed (Anderson), and one absent (Arndt). Page 49

CITY COUNCIL MEETING OF FEBRUARY 13, 2023 PAGE 10 Item #3. ANNEXATION/REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE #2023-02 – TWO (2) PROPERTIES LOCATED ON WHITE OAK ROAD – AN UNADDRESSED PARCEL LOCATED TO THE NORTH SIDE OF WHITE OAK ROAD OWNED BY CALPINE HOLDINGS, LLC. (Parcel A); AND 3015 WHITE OAK ROAD LOCATED ON THE NORTH SIDE OF WHITE OAK ROAD AND WEST SIDE OF BAYSIDE DRIVE, OWNED CALPINE HOLDINGS, LLC (Parcel B) A request was received for annexation and rezoning of properties located on White Oak Road; an unaddressed parcel located on the north side of White Oak Road, consisting of 144.83+/- acres (Parcel A), owned by Calpine Holdings, LLC; and 3015 White Oak Road located on the north side of White Oak Road and west side of Bayside Drive, consisting of 104.06+/- acres (Parcel B), owned by Calpine Holdings, LLC. Parcel A is currently zoned AR (Agricultural Residential District) (Kent County Zoning Classification), and the proposed zoning is IPM-2 (Industrial Park Manufacturing Zone-Business and Technology Center) and subject to the SWPOZ (Source Water Protection Overlay Zone) (City of Dover Zoning Classification). Parcel B is currently zoned AC (Agricultural Conservation District) and AR (Agricultural Residential District)(Kent County Zoning Classification), and the proposed zoning is IPM-2 (Industrial Park Manufacturing Zone-Business and Technology Center) (City of Dover Zoning Classification and partially subject to the SWPOZ (Source Water Protection Overlay Zone)(City of Dover Zoning Classification). Staff recommended that the request be referred to the Utility Committee on February 28, 2023, and to the Planning Commission on March 20, 2023; and that a public hearing be set for April 10, 2023, at 6:30 p.m. (Tax Parcel: LC-00-058.00-02-49.00-000 (Parcel A), LC-00-058.00-02- 48.00-000 (Parcel B); Planning Reference: AX-23-01 A and B; Third Council District). Mr. Hare moved for referral, as recommended, seconded by Mr. Boggerty, and unanimously carried (Arndt absent). 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 #2023-02 AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION FROM A KENT COUNTY ZONING CLASSIFICATION TO THE CITY OF DOVER ZONING CLASSIFICATION FOR TWO PARCELS ON WHITE OAK ROAD. ANNEXATION/REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE #2023-03 - PROPERTY LOCATED AT 273 ACORN LANE, OWNED BY CHRISTINA L. KELLEHER. A request was received for annexation and rezoning of property located at 273 Acorn Lane, consisting of 0.611 acres +/-, owned by Christina L. Kelleher. This property is currently zoned RS-1 (Residential Single Family Zone)(Kent County Zoning Classification) and the proposed zoning is R-8 (One Family Residence Zone)(City of Dover Zoning Classification). Staff recommended that the request be referred to the Utility Committee on February 28, 2023 Page 50

CITY COUNCIL MEETING OF FEBRUARY 13, 2023 PAGE 11 Item #3. and to the Planning Commission on March 20, 2023; and that a public hearing be set for April 10, 2023 at 6:30 p.m. (Tax Parcel: ED-00-068.19-01-13.00-000; Planning Reference: AX-23-02; Third District) Mr. Hare moved for referral, as recommended, seconded by Mr. Neil, and unanimously carried. 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 #2023-03 AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 273 ACORN LANE, OWNED BY CHRISTINA L. KELLEHER. CITY MANAGER'S ANNOUNCEMENTS City Manager Hugg reminded Council and staff of the Transformational Leadership training being held on Thursday, February 16, 2023. Mr. Hugg also, thanked staff and Council for their participation in the Chili Cookoff that took place on Wednesday, February 8, 2023. CITY MAYOR’S ANNOUNCEMENTS Mayor Christiansen did not have any announcements. COUNCIL MEMBERS' ANNOUNCEMENTS Councilman Hare stated that he wanted to let everyone know that he is throwing his hat in the ring for Council President. Mr. Hare noted that as far as the Chili Cookoff goes, he is still recovering from number 17 and that his eyeballs are still sweating from number 17. Mr. Hare explained that he has been approached and that back in November council had asked the City Manager and Assistant City Manager to come back to them with the salary recommendations in January. Council still has not seen anything back yet, so he hopes at least by, maybe two weeks might not be enough, but by the first meeting in March, maybe they can get something that they can decide on. If it has to be an Executive Session, okay, but he does not think that they can keep procrastinating on this and that a lot of the employees are wondering what is going on. Mr. Hare also asked where the City stands on enrolling in the state pension program. That was another thing council was looking for information on. So hopefully council can get that by the first part of March so that they do not have to tell the employees that it is going to continue to be put off. Mr. Neil stated that he thinks that everybody might like to hear some good news and particularly the public who may still be with them. In going into the fine print of their packet, he noticed that they have some increases that were unexpected and very large. For instance, payment in lieu of taxes is up 116.4%. The police extra duty fees are up 124.2%. The library revenue's up 135.3%. The interest income the city has earned is 249.5%. Mr. Neil thanked Ms. Peddicord for that quarterly report and that the one that caught his eye that is worthwhile is that wastewater revenue is up over 1,000%. Folks, that is a whole lot of flushes. Councilman Boggerty stated that he met with the University of Delaware Athletic Director and an officer for athletics and he passes this along in her absence. The University of Delaware has agreed to at least meet with council to partner with some parks and recreation activities. They may want to sponsor some events and other things in the neighborhoods to help combat some of Page 51

CITY COUNCIL MEETING OF FEBRUARY 13, 2023 PAGE 12 Item #3. the issues they may be facing with the youth. So, he passes that along to the Council Chair of Councilwoman Tricia Arndt and he knows that there is a meeting scheduled next week. Additionally, Councilwoman Dr. Pillsbury and he have partnered and met with a medical facility that serves an underprivileged area. Councilman Boggerty and Dr. Pillsbury are looking to partner with this medical facility to increase awareness of the facility. If someone needs a physical and they do not have insurance, et cetera. They are putting their final touches on that and that is going to be forthcoming. Mr. Boggerty thanked Dr. Pillsbury for attending that meeting to give me the medical terminology that he was missing. They also emphasize sickle cell, which definitely impacts black and brown communities even more. Councilman Rocha stated that he just wanted to bring forth some outstanding news. Last year, council recognized Fairview Elementary School for their participation in the National READBowl and they also won for the State of Delaware last year. So, obviously, the Super Bowl was just yesterday. They have received the results for this year's READBowl, and the team of students at Fairview, and congratulations to Principal Melissa White, the team has won the national champions. Mr. Rocha stated that he does not have the details as far as how many hours the students collectively have read, but he thinks that they are setting the bar for students in every elementary school in the area and council should applaud them. Mr. Rocha noted that he has already spoken with the Mayor and they get recognized. So, there is going to be a celebration and he will make sure that everyone is notified of the details of that celebration. Councilman Anderson stated that he wants to make sure that the community partners look out next month for information on the ARPA funding. If they look at the website currently, they can get a flavor from the previous information. Now, that is the old information on the website right now, but it will at least educate everyone on what qualifies and et cetera. Then he also wants to encourage people with issues to listen to or later on read the district reports that will be coming tomorrow. There will be important information regarding their concerns also. As well as tomorrow night, they will have the next steps when it comes to the Mosaic plan. It is more of an action agenda. If you want more of an informational one, he encourages everyone to attend the Economic Development at 4:00 PM. Council’s meeting is intended to be action-oriented and that is when they intend to be finished this particular phase within 40 minutes. Council President Sudler stated Happy early Valentine's Day to all of their constituents tomorrow. He also stated that he would like to add, and hopefully, this is a little bit of good news, in speaking with and inquiring about the electric utility rates, the City Manager has put forth a diligent job in seeing what they can do to bring some relief in which council has brought forth as an issue on the floor. Currently, he would like for the City manager to provide council with just a little quick update. which he shared with Council President Sudler through an email to me. Mr. Sudler stated that he thinks that their constituents would like to hear it from the City Manager themselves. City Manager David Hugg stated that in regards to the Integrated resource plan, which goes into great detail about the state of the energy market, the sort of costs that the city pays for energy, what the outlook is, some of the parameters that are driving future sales and affecting their ability to acquire futures, if you will, reserves or reservations for energy at a later date. Mr. Hugg stated that he promised Council President Sudler that they will take a hard look at the city’s revenues and kind of how the city is running. Mr. Hugg noted that he would caution everyone though that they are not to be misled by the fact that they have had an unusually warm winter so far that has driven energy, and natural gas prices down to lows that they have not seen in a long, Page 52

CITY COUNCIL MEETING OF FEBRUARY 13, 2023 PAGE 13 Item #3. long time. There are international issues involving liquid financial gas shipments and obviously the war in Europe. So, they need to be very, very cautious of what they do and not just jump to a conclusion that may feel good or look good, but not be sustainable over the future. Mr. Hug explained that he would just want to reassure everybody, that “we”, which is basically Lori, Paul, Sharon, and himself, who are the risk management entity for the City of Dover, are working with the energy authority and are really looking very carefully at their energy picture and the forecast. Mr. Hugg noted that they will be prepared to give council a much more detailed report by the end of March, he believes. The meeting adjourned at 8:54 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of February 13, 2023, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB Exhibits Exhibit #1 – 2022 Downtown Dover Partnership Annual Report Exhibit #2 – 2022 Planning and Community Development Annual Report Page 53

Item #4. COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on February 14, 2023, at 6:00 p.m. with Council President Sudler presiding. Members of Council present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, and Ms. Arndt. Mr. Hare and Mayor Christiansen were absent. Civilian members present for their Committee meetings were Mr. Shevock (via WebEx) (Legislative, Finance, and Administration), Mr. Tholstrup, and Mr. Lewis (via WebEx) (Parks, Recreation, and Community Enhancement). Mr. Contant (Legislative, Finance, and Administration) was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairwoman Arndt presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. Mayor and Council Reports Council President Sudler Mr. Sudler reported that he called a Special Council Meeting on January 26, 2023, to discuss the Proposed Loitering Ordinance #2022-26 and the constituents’ safety concerns and complaints. Mr. Sudler stated that on January 27, 2023, he met with Ms. Roberts a Delaware State University Administrative Assistant to discuss scheduling a random water quality testing between the University and the City of Dover. Delaware State University is currently waiting on a certification so that its students can participate in that process as an onsite work initiative. Mr. Sudler stated that he met with Dr. Cade, Superintendent for the Capital School District regarding complaints of bullying and gang activity in William Henry and East Dover against some Hispanic children. He also forwarded the information to the Safety, Advisory, and Transportation Committee for their review. Mr. Sudler also stated that on February 12, 2023, he presented a Certificate of Recognition and Congratulations to Reverend Dr. Erika D. Crawford for her fifth year of Pastoring the Mount Zion AME Church located at 101 North Queen Street. The event was held at Maple Dale Country Club and Mr. Sudler was joined by Mayor Christiansen and Senator Trey Paradee. First District Dr. Pillsbury reported that she attended the City of Dover Chili Cook-off on February 8, 2023, and that there were some amazing chilis and everyone seemed to have a good time. Dr. Pillsbury also reported that on February 11, 2023, she attended the City of Dover Fire Department Annual Banquet in Dewey Beach. Dr. Pillsbury stated that the dinner was a lovely event and very well done. Mr. Rocha stated that Dr. Pillsbury, himself, and Councilman At-large, Mr. Boggerty, are having a Town Hall Meeting on Thursday, March 2, 2023, at Maple Dale Country Club. They will be providing information on the upgrades to Kenton Road. Mr. Rocha stated they are trying to get DelDOT to come back since they were at the last town hall meeting and more constituents have questions. Mr. Rocha Page 54

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 14, 2023 PAGE 2 Item #4. also went to the Center for Global Africa at Delaware State University on February 7, 2023. Mr. Rocha noted that he and Mayor Christiansen met Dr. Julius Garvey, son of Marcus Garvey. They offered a Tribute on behalf of the City of Dover for his work in connecting the Center for Global Africa and building ties with the African Union and the African Peer Review Mechanism (APRM). Second District Mr. Hare was absent. Third District Mr. Neil stated that he responded to numerous concerns or complaints from constituents and shared those responses with Councilwoman Arndt as well as Councilman Boggerty. They involved housing and the like. Mr. Neil also stated that he severed as a judge at the City of Dover Chili Cook-Off and survived. Mr. Neil stated that he works with a lot of state legislators dealing with housing issues that only the state legislature can handle. Mr. Neil stated he spent a lot of time last Thursday in court trying to prevent a person who lives on a leased land home from being evicted. Mr. Neil thinks this is for very questionable reasons, as she is the president of the homeowner’s association, and as soon as you are you become marked with a bullseye. Ms. Arndt stated that she attended a meeting last week with City Manager David Hugg and members of the Kent County Conservancy regarding their latest property acquisition and the possibility of being able to access their property through adjacent city land holdings. The Conservancy members suggested maintaining portions of the city-owned property as a meadow to reduce mowing costs and to improve habitat. Mr. Hugg is following up with additional information. Ms. Arndt also added that she spoke to a resident of Edgehill who wanted to pass along kudos to Ms. Sierra Brown from Code Enforcement for having an abandoned car towed. He said she was professional and courteous, and that he appreciated her efforts in improving his neighborhood. Ms. Arndt stated that she also attended the City of Dover Fire Department Annual Banquet, and she feels that it is humbling to see these volunteers put so much at risk to provide such a valuable service to the city, and it was an honor to attend. Fourth District Mr. Anderson stated that he would like to thank the staff for their quick response with a less than 24- hour turnaround time on getting a crosswalk sign put up as requested in the South State Street area. Mr. Anderson had confidence that it would be done but when it was done by that afternoon, he was both surprised and impressed. Mr. Anderson stated that there has been some movement with certain issues such as crime within the Hamlet, which is a positive. Mr. Anderson thanked the staff for some good conversations surrounding the Raise Grant. Mr. Rocha is working on that. Mr. Anderson would like to see a meeting happen as quickly as possible so that it can be brought home since there are only two more weeks left to get it submitted. Mr. Anderson stated that he has attended so many Capital City 2030 presentations that he may be able to do one. Mr. Anderson stated that the dedication of the DDP and the leadership is really going to help move the city forward. The DDP is a key partner along with many other partners within the city. Mr. Anderson stated the Capital School District had a meeting regarding the Crest Development. They need the council’s help in extending the sidewalk to make it safer for the school children at the new middle school. Mr. Anderson would like to submit that for consideration and ask that council reach out to Capital School District for details. The residents believe it is important for the safety of the children. Mr. Anderson stated that he has had great conversations regarding affordable housing with Mr. Hugg, City Manager, Director Gray, Ms. Harvey, and Mr. Rocha. They have some great innovations, that when the time is right will cause some excitement and have a positive impact on the community. Mr. Anderson explained that he has heard some complaints Page 55

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 14, 2023 PAGE 3 Item #4. downtown, from different places, that they are ready for the lighting south of Division Street. Some people would like to explore the idea of a community office, in the place that Mr. Harrington has offered to donate if a substation is not done. Also, Mr. Anderson stated that the people of Woodcrest, and some other areas had some questions regarding crime in their areas. Chief Johnson has worked to get some of those answers. Mr. Anderson yielded his time to Chief Johnson. Chief Johnson reviewed a Fourth District summary of criminal activity and response to that activity in certain neighborhoods that were requested (Attachment #1). Mr. Sudler stated that on January 6, 2023, at 12:03 p.m., he spoke with Katie, the manager of Irish Mikes about the alleged undesirable behavior and safety concerns at Irish Mikes in preparation for the January 26, 2023, meeting. Also, on January 31, 2023, Mr. Sudler spoke with Dr. Jones, Dean of Wesley College Cipher Delaware State University concerning the coalition board they have put together regarding the allegation of sexual assault cases at DSU. Mr. Sudler stated that he is working with Ranchero Aztecas’ new business owners, Representative Sean Lynn, and Representative Carson, regarding some business licensing components which they have been waiting eight months to receive. Mr. Sudler stated that they have obtained some resolution and would like to thank Representative Sean Lynn and the Clerk’s Office Director, Ms. Bennett for helping coordinate things. They were able to assist the business owner of Ranchero Azteca and they are very pleased with the assistance. At-Large Mr. Boggerty stated that he was able to finalize a contact with a representative from Delaware State University and Chief Johnson with the possibility of establishing an internship for the cadet program which will increase the recruiting pool if a college student who needs an internship can serve as a cadet. Mr. Boggerty stated that he will include the chair of the Safety, Advisory, and Transportation Committee so they can all be looped in on the meeting. Mr. Boggerty stated that he had mentioned the previous day an initiative he is assisting in bringing help to communities in low to moderate-income areas where healthcare is not provided. TOVA Community Health is doing a blood drive where they will also offer services to address educational needs. They will be putting together a book drive to help increase literacy in those areas. Also, Mr. Boggerty stated he recently spoke with the Parks and Recreation chair and Mr. Harry Stenson, the University of Delaware Athletic Director, and Chief Operation Officer, who wants to partner with our Parks and Recreation Department to sponsor programming, camps, and other initiatives. Mr. Boggerty punted this connection to Councilwoman Trish Arndt who chairs the Parks and Recreation Committee and Director Robin Eaton. Mayor Christiansen Mayor Christiansen was absent. Review of Active Recreation Plan – Leander Lakes III Apartments on part of the property at 2285 Forrest Avenue (Planning Reference #S-23-04) (Mary Ellen Gray, Director of Planning and Inspections) Ms. Mary Ellen Gray, Director of Planning, and Inspections reviewed the background and analysis regarding the Active Recreation Plan – Leander Lakes III Apartments on part of the property at 2285 Forrest Avenue. Responding to Mr. Neil, Ms. Gray stated that one of the playgrounds was converted to a more adult- friendly spot. There are no specific comments in the report. Ms. Gray stated that she could not speak Page 56 as to why they changed the playground; however, it is an improvement upon the plan to have a more

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 14, 2023 PAGE 4 Item #4. adult play area as children, teenagers, and kids growing up can use it. Ms. Gray also stated the changes to the walking trail were in response to a comment in the report. Responding to Mr. Sudler, Ms. Gray stated that they did comment regarding handicap accessibility, they are required to have accessibility to the trails, and they must be of a substance where wheelchairs can easily have access. One of the main recommendations is that all these facilities are accessible. Responding to Mr. Sudler, Ms. Gray stated that includes the playground areas, yes. Responding to Mr. Sudler, Ms. Gray stated that there is no requirement to have the playground equipment modified so that all users can use them. Mr. Sudler stated that the facility or the actual structure itself may not be amenable or useable by handicapped individuals. Ms. Gray may want to investigate that because what is the point of having it accessible if the infrastructure that is there can not be used by handicapped individuals? Responding to Mr. Tholstrup, Ms. Gray stated that there are comments in the report asking what material is intended for the ground cover in the playgrounds, and it can be asked that they be accessible. Also, they do not require any Electric Vehicle charging stations, but that can be asked for. They are building from scratch, so why not include some? Mr. Tholstrup stated that he would like to see if there is any consideration for using solar power on the rooftop of the buildings. Responding to Ms. Arndt, Ms. Gray stated that bike parking was articulated and that it should be located at every one of the apartment buildings. If any of the bike parking facilities are proposed internally, the plans should note as such, but it appears they do not have that detail yet. Ms. Gray made a note that Ms. Arndt would like to see the bike parking be covered as a benefit to the residents. Responding to Mr. Rocha, Ms. Gray stated Calvary Baptist Church is listed as the owner of the record and the equitable owner, the developer is Leander Lakes. Responding to Mr. Rocha, Ms. Gray stated she believes Calvary Baptist Church intends to sell but they are in the middle stage until the request is approved. Responding to Mr. Rocha, Ms. Gray stated that the number of units does not rise to the level of having a traffic study, and any requirement for a light, turn lane, or median adjustment would be through DelDOT since it is a state-maintained road that it is going onto. Those discussions would have to be between the developer and DelDOT. DelDOT would be made aware of the request through an entrance application that would be done as a required part of the process. Ms. Gray stated that it is not the City of Dover’s decision on whether a light would be placed there but DelDOT would do the analysis and decide if the traffic would either be making a left or right coming out of there. Ms. Gray also stated that DelDOT would direct the applicant as to what road improvements need to be done to mitigate the traffic. Responding to Mr. Sudler, Ms. Gray stated that the requirement from DelDOT is that the threshold of 220 units is required for a traffic impact study. Page 57

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 14, 2023 PAGE 5 Item #4. Responding to Mr. Sudler, Ms. Gray stated to her knowledge, since Forrest Avenue is a state- maintained road, that would be the purview of the State Department of Transportation to conduct any sort of traffic study. Mr. Rocha stated that council can request our City Manager or Assistant City Manager to have something like that done if there is a concern. Mr. Anderson moved to recommend accepting the recommendations of the revised plan, as recommended by staff. The motion was seconded by Mr. Sudler and unanimously carried. Ms. Arndt moved for an adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, hearing no objection the meeting adjourned at 6:55 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Sudler and unanimously carried. Downtown Dover Partnership Presentation on Next Steps of Downtown Dover Master Plan (Diane Laird, Director of Downtown Dover Partnership) Ms. Diane Laird, Director of the Downtown Dover Partnership, reviewed the presentation Next Steps of Downtown Dover Master Plan. Responding to Mr. Boggerty, Ms. Laird stated that they meet twice a month on the Base, welcoming newcomers every other Thursday and a third time virtually. Responding to Mr. Rocha, Ms. Laird stated they are prepared with the approval of the board next Wednesday to put an RFP out for that person, and she believes they have the funding covered at the moment. That person will oversee the plan, they need to have experience in developing large projects, recruiting investors who want to make those developments, and being able to streamline the process within the city and other entities. Ms. Laird stated this will be one of the first steps. Ms. Laird stated that they can put requests for information out, but that they need proper marketing materials. In terms of transportation projects, the Kent MPO is working on three professionally and one in-house, one will be started in July for the fiscal year 2024. By this time next year, they should be applying for RAISE funds or any funds available at that time. In terms of TIFF funding, the conduit bonds, which are the things that council can enable, they are working closely with Dave Hugg on. Responding to Mr. Rocha, Ms. Laird stated that his question about the infrastructure does bring up the fact that she has a grant written from last year that was not awarded by the state. The study for the infrastructure in the downtown roads is needed, that was a $400,000 proposal so that may be a good one to put forward. Mr. Neil stated that there will be a lot of naysayers, some even in the room. There is one person on Council who has seen it work. Mr. Neil saw it work when he was in Baltimore as the Press Officer for the Mayor of Baltimore and saw the renaissance of the inner harbor. This is a colonial town, and it can Page 58

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 14, 2023 PAGE 6 Item #4. work. The sooner the first shovel is in the ground the better. The project manager is not a 9 to 5 day, and it depends on that. One thing that is significant and what impressed him the most about Mosaic is that they bring the money and will invest. Mr. Neil stated that he feels they are going to be a partner on this all the way through because it is part of their resume. Mr. Neil stated he is anxious to see it and the faster it happens, the happier he will be. Mr. Neil mentioned the field of dreams the previous night, this is the field of dreams that he sees because he has been a part of it before and it does work. Mr. Anderson stated that he too is a believer that they have ninety-five percent of the pieces in place and just need to close the deal. Mr. Anderson stated that they cannot stop where they are and if they can commit with the partners that they are going to make this work then it will. If the citizens believe it will work, then it will. If the business community believes it can work, then it will. They will gather all the partners who will gather the investment. There is something about a belief that is contagious. Mr. Anderson stated that the task for the next year or two is to move things step by step. Certain things take a bit of time, like Memorial Park, they need to go through the process and start developing a master plan for that. Mr. Neil moved to recommend referring the idea of Memorial Park to the Parks, Recreation, and Community Enhancement Committee for review. The motion was seconded by Mr. Sudler and unanimously carried. Mr. Anderson stated that now they have enabled conduit bonds and TIF, there are a few next steps that need to be taken. They have been waiting on the plan so that boundaries can be developed in the TIF resolution and invite the county, school district, and state into it. Mr. Neil moved to recommend authorizing staff to develop a resolution and coordinate with other governmental entities. The motion was seconded by Mr. Rocha and unanimously carried. Mr. Neil moved to recommend authorizing staff to pursue the RAISE grant and bring it back on the February 27, 2023, agenda if they deem it feasible but it would have to be approved before March 1, 2023. The motion was seconded by Mr. Rocha and unanimously carried. Mr. Neil moved to recommend referring to the Safety, Advisory, and Transportation Committee for a review of the first steps of the Loockerman Street temporary changes as recommended in the Mosaic plan. The motion was seconded by Mr. Sudler and unanimously carried. Mr. Neil moved to recommend staff to report back in thirty days on the movement of conduit bonds. The motion was seconded by Mr. Anderson and unanimously carried. Responding to Ms. Arndt, Mr. Anderson stated we want them to give us a report on either bringing a resolution or giving us a report on where it stands. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 7:44 p.m. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 7:44 p.m. Page 59

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 14, 2023 PAGE 7 Item #4. Roy Sudler, Jr. Council President AB/ar Attachments Attachment #1 - Voting District 4 Crime Reports Analysis Page 60

Item #14. Mark F. Dunkle Rehoboth Beach Office 302-346-1111 mdunkle@pgslegal.com Firm Website: www.pgslegal.com A t t o r n e y s a t L a w February 23, 2023 VIA E-MAIL ONLY Mary Ellen Gray City of Dover Planning Director City Hall mgray@dover.de.us RE: Application MI-23-01 Comprehensive Plan Amendments 2023 Calpine Holdings LLC Dear Director Gray: Please accept this correspondence as the request of the Applicant, Calpine Holdings LLC, for a postponement and rescheduling of the presently scheduled March 13 Dover City Council hearing on the above referenced application, moving this hearing to the Council’s April public hearing agenda. The Applicant would like to use this extra time to prepare and address the issues that were raised by the public and the Dover Planning commission at the recent February 21 hearing, many based upon a misunderstanding of the Dover annexation process, and many based on incorrect factual assumptions. The Applicant would like to fully address all issues of potential concern as well as those that are beneficial to the green energy future of Dover in this hearing so as to give City Council a full factual understanding of this Comp Plan Amendment and Annexation request for a solar electric facility, an understanding grounded in science and modern land use planning goals. Please let me know if you require any further information in support of this request or my attendance at Council’s consideration of this request. Very Truly Yours, PARKOWSKI, GUERKE & SWAYZE, P.A. Mark F. Dunkle, Esquire Page 61