REGULAR COUNCIL MINUTES & ATTACHMENTS

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on April 10, 2023, at 6:30 p.m. with Council President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Hare. Mrs. Arndt was absent. Staff members present were Major Spicer, Ms. Peddicord, Mr. Hugg, Mrs. Gray, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen and Chief Carey were absent. 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. There were no members of the public that wished to speak during the Open Forum. INVOCATION The invocation was given by Elder Ellis B. Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Hare. ADOPTION OF AGENDA Mr. Neil moved for the adoption of the agenda, seconded by Mr. Rocha, 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 requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Councilman Anderson stated that he would like to remove the request for subdivision waivers, lands of Wyoming’s LLC at Jefferson Terrace, by request. Councilman Anderson stated that is item number nine. City Clerk Bennett read the following withdrawal letter into the record: Dear City of Dover, On behalf of our client, Wyoming LLC, Mountain Consulting Inc. is requesting to withdraw the major subdivision application for the Ekaman subdivision and all associated applications without prejudice. As of the date of this letter. The associated applications are the conceptual major subdivision itself, waivers on the city council consent agenda for April 10th, 2023, and a request for a road name change submitted to the city clerk's office via email on the 28th of March 2023. Concerns raised in open meetings to date were not addressed directly or sufficiently due substantially to technical difficulties hindering communication of timely technical responses to address and correct misunderstandings of facts, regulations, and cause and effect. Resolving these raised concerns is essential for putting the project in its actual context within the surrounding community. We have taken full account of the issues raised to date. We shall submit

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 2 an enhanced application for the subdivision of this property. Our new application shall contain thorough and concise narrative descriptions that acknowledge and address all concerns received to date to allow the application to stand properly on its own merits. We are grateful for the city's consideration of this request. Please contact me with all questions at 302-922-5575 or via email at KyleKBurchard@mountainconsultinginc.com. Sincerely, Mountain Consulting Inc. Kyle Burchard, PE Director of Engineering. Dated: April 6th, 2023 Mr. Anderson moved for adoption of the consent agenda as amended to remove Item #9 – Request for Subdivision Waivers – Lands of Wyoming LLC at Jefferson Terrace Ext SB- 23-01C, seconded by Mr. Boggerty, and carried by a unanimous roll call vote (Arndt absent). PROCLAMATION- ARBOR DAY Mr. Neil moved for deferment of the Arbor Day Proclamation to the April 25th meeting, seconded by Mr. Anderson, and unanimously carried (Arndt absent). PROCLAMATION- NATIONAL LINEMAN APPRECIATION DAY The City Clerk read the following Proclamation into the record: WHEREAS, the City of Dover Electric Department lineman (and women) have a dangerous job working on power lines that keeps electricity flowing to our homes and businesses. After 2012’s Hurricane Sandy, the 113th Congress passed a bill designating April 18 as National Lineman Appreciation Day. The bill became law in 2013; and WHEREAS, this day honors the hard work that the City of Dover’s linemen put in to keep the power on. These people work around the clock to provide light to family households and any other premises. Linemen often do their job in the most dangerous of conditions and must face the worst weather conditions; and WHEREAS, the most dangerous task they must do every day is handling wires that pulse thousands of amps of current. Linemen are the people in charge of restoring power, setting up emergency systems to carry the city through, and putting life back in order when things get tough; and WHEREAS, the truth is that The City of Dover’s linemen have existed for as long as electricity has been a standard part of modern living here in Dover, Delaware. It is impossible to have power lines carrying electricity to our homes and businesses without them. They keep the lights on and the furnaces going. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April 18, 2023, as National Lineman Appreciation Day in the City of Dover and urge all residents to express their heartfelt appreciation to all the men and women who so diligently serve to ensure that electrical power continues to flow to the homes and businesses of this city.

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 3 On behalf of the Mayor and Council, Councilman Boggerty presented the Proclamation to Paul Waddell, Electric Director. Mr. Waddell stated that he gratefully accepts it on behalf of all the city’s linemen and all the other employees of the electric department because they are all one team over there, and he will get this on the wall down there, and they will keep doing the good work. PUBLIC HEARING PROPOSED RESOLUTION NO. 2023-03 - AUTHORIZING THE ISSUANCE AND SALE OF UP TO $60,000 IN WATER AND SEWER REVENUE BONDS OF THE CITY OF DOVER FOR THE LEAD SERVICE LINE INVENTORY PROJECT AND AUTHORIZING ALL NECESSARY ACTION IN CONNECTION THEREWITH Controller/Treasurer Lori Peddicord stated that this resolution is authorizing $60,000 worth of borrowing for the lead service line inventory project. This information originally came to council back in September 2022, presented by Jason Lyon. The funding was requested and came through a bipartisan infrastructure bill. The funding source is going to provide a 100% forgiveness of the principle of the loan. There is a 2% interest fee collected during the project period, but that stops at the end or placing that asset and/or service at a close so that interest will not accrue past the date of completion of the project. The estimated interest cost to the city on this borrowing is $600. Council President Sudler declared the public hearing open. There being no one present wishing to speak, the public hearing was closed. Mr. Hare moved to adoption for the proposed resolution, seconded by Mr. Neil, and by a unanimous roll call vote (Arndt absent), Council adopted Resolution No. 2023-03 (Exhibit #1). PROPOSED RESOLUTION NO. 2023-04 - AUTHORIZING THE ISSUANCE AND SALE OF UP TO $115,000 WATER AND SEWER REVENUE BONDS OF THE CITY OF DOVER FOR THE LEAD SERVICE LINE INVENTORY/REPLACEMENT FOR BRANDYWINE COURT CONDOMINIUMS AND AUTHORIZING ALL NECESSARY ACTION IN CONNECTION THEREWITH Controller/Treasurer Lori Peddicord stated that this resolution is another part of the bipartisan infrastructure bill. This funding is also the principle is 100% forgiveness. There is a 2% interest rate on the borrowing during the project period, so that will accrue. The estimated cost of interest on this borrowing is based on, again, the project length. Could range anywhere from $1,200 to $4,600. This project was also discussed back on the Council Committee of the Whole's agenda on September 27, 2022. Council President Sudler declared the public hearing open. There being no one present, wishing to speak, the public hearing was closed. Mr. Hare moved to adoption for the proposed resolution, seconded by Mr. Anderson, and by a unanimous roll call vote (Arndt absent), Council adopted Resolution No. 2023-04 (Exhibit #2).

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 4 ANNEXATION/REZONING OF PROPERTY LANDS OF CHRISTINA L. KELLEHER AT 273 ACORN LANE Ms. Mary Ellen Gray, Director of Planning and Community Development, reviewed the Petition to Annex and rezone the property. The Planning Commission recommended in favor of the annexation. Applicant Christina Kelleher stated that she was grateful for everybody’s time and effort during this process. Responding to Council President Sudler, Ms. Gray stated that medium density is described in the city’s comprehensive plan report, as up to eight dwelling units per acre. Ms. Gray continued to state that an excerpt in the city’s planning report includes that, and it describes land use classifications. That includes anywhere from one-family residential which would be R-10, which is another zoning classification, through R-8. It also includes other designations such as RM and RG zone, which is a general residence. It also includes up through the C-1 neighborhood commercial. So, in general, it is a residential zone, and it is up to eight dwelling units per acre. In looking at the surrounding area, that land use classification is all residential medium density. Ms. Gray noted that in this zoning classification, only one dwelling unit is allowed per parcel. So, this parcel cannot be subdivided further to put another unit on it. Public Hearing - Zoning Classification Members considered a request for the Property located at 273 Acorn Lane, for a parcel of land totaling 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) (Tax Parcel: ED-00- 068.19.01-13.00-000; Planning Reference: AX-23-02) A public hearing was duly advertised for this time and place to consider the rezoning of property located at 273 Acorn Lane, owned by Christina Kelleher. Council President Sudler declared the public hearing open. There being no one present, wishing to speak, Council President Sudler declared the public hearing was closed. Adoption of Annexation Resolution No. 2023-05 Members considered Annexation Resolution No. 2023-05 for property located at 273 Acorn Lane, owned by Christina Kelleher. By motion of Mr. Rocha, seconded by Mr. Hare, Council, by a unanimous roll call vote (Arndt absent), adopted Resolution No. 2023-05, as follows: A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del.C.§ 101); and WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described,

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 5 within the limits of the City of Dover; and WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all owners of all property considered for annexation, no election shall be required. For an annexation petition not requiring an election, such petition shall be processed in accordance with procedures established for amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All annexation petitions shall be processed concurrently with the rezoning of the property considered for annexation and shall be subject to a public hearing before City Council. Public notice shall be completed in accordance with the provisions of the Dover Code relating to the amendment of the zoning map. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, along with all adjacent paths, sidewalks, roadways, and rights-of-way in their entirety, shall be annexed to and included within the limits of the City of Dover: ALL that certain lot, piece, or parcel of land with the improvements thereon erected, situated in East Dover Hundred, Kent County, State of Delaware, lying on the west side of Acorn Lane (Dirt Road #342) leading from the North Little Creek Road to the White Oak Road being bounded on the east by the center of said Acorn Lane, on the South by other lands now or late of Oscar A. Reed, on the west by other lands now or late of Oscar A. Reed, and on the north by the center of a small ditch separating this lot from lands now or late of Alfred M. Braasch, and being more particularly described as follows, to wit: BEGINNING at a point in the center of Acorn Lane (Dirt Road #342) leading from the North Little Creek Road to the White Oak Road, at a corner for this lot and for lands now or late of Alfred M. Braasch, said point of beginning being opposite the mouth of a small ditch and also being South eight (8) degrees twenty-five (25) minutes East of and seven hundred seventy (770) feet from a corner in the center of said Acorn Lane for lands now or late of Alfred M. Braasch and now or late for Custer Farms Inc.; THENCE running from said point of beginning with the center of Acorn Lane South eight (8) degrees twenty-five (25) minutes East one hundred thirty (130.0) feet to another point in the center of Acorn Lane at a corner established for this lot and for other lands now or late of said Oscar A. Reed; THENCE running a line established separating this lot from other lands now or late of said Oscar A. Reed South eighty-one (81) degrees thirty-five (35) minutes West one hundred ninety-five (195.00) feet to a corner established for this lot and for other lands new or late of Osar A. Reed; THENCE running another line established separating this lot from other land now or late of Oscar A. Reed North eight (8) degree twenty-five (25) minutes West one hundred forty-three feet and two-tenths of a foot (143.2) to a corner established for this lot and for other lands now or late of Oscar A. Reed in the center of the aforesaid small ditch and in line of lands now or late of Alfred M. Braasch;

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 6 THENCE running with the center of said small ditch and with lands now or late of said Braasch North eighty-five (85) degrees twenty-seven (27) minutes East one hundred ninety-five feet and four-tenths of a foot (195.4) to the point of beginning and containing six hundred eleven thousandths (0.611) of an acre of land, be the same more or less. 2. That the above-described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs then in force, effective upon such lands being included within the limits of the City of Dover. 3. That the certified copy of this resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County. 4. That the effective date of this resolution shall be the 11th day of April 2023 at 12:01 a.m. ADOPTED: April 10, 2023 Final Reading/Adoption of Rezoning Ordinance #2023-03 Members considered Ordinance #2023-03, rezoning property located at 273 Acorn Lane, owned by Christina Kelleher. Mr. Anderson moved that the Final Reading of Ordinance #2023-03 be acknowledged by title only, seconded by Mr. Rocha, and unanimously carried (Arndt absent). (The First Reading of the ordinance was accomplished during the Council Meeting of February 23, 2023.) Mr. Neil moved for approval of the rezoning, as recommended by the Planning Commission. The motion was seconded by Dr. Pillsbury and, by a unanimous roll call vote (Arndt absent), Council adopted Ordinance #2023-03, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 273 ACORN LANE WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RS-1 – Residential Single Family Zone (Kent County zoning classification) to R-8 - One Family Residence Zone (City of Dover zoning classification). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: A. That from and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from RS-1- Residential Single Family Zone (Kent County zoning classification) to R-8 – One Family Residence Zone (City of Dover zoning classification) on that property located at 273 Acorn Lane, consisting of 0.611 +/-

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 7 acres, owned by Christina Kelleher. (TAX PARCEL: ED-00-068.19-01-13.00-000; PLANNING REFERENCE: AX-23-02; COUNCIL DISTRICT: 3) ADOPTED: April 10, 2023 PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2023-01 Members considered Ordinance #2023-01, Comprehensive Plan Amendments 2023: Annexation Areas Amendments to 2019 Comprehensive Plan as amended. Members reviewed 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-2301) A public hearing was duly advertised for this time and place to consider the adoption of the amendments to the 2023 City of Dover Comprehensive Plan. Mr. Neil moved that the Final Reading of Proposed Ordinance #2023-01 be acknowledged by title only, seconded by Dr. Pillsbury, and unanimously carried (Arndt absent). (The First Reading of the ordinance was accomplished during the Council Meeting of January 23, 2023. The Public Hearing/Final reading was deferred from March 13, 2023, until April 10, 2023, during the February 27, 2023, Regular Council Meeting.) Council President Sudler declared the public hearing open. The applicant’s attorney Mark Dunkle stated that what they are asking is simply for an amendment to the comp plan map and then the text that is the designation for the land. The bottom line is Calpine Company owns 248 acres and they would like to join the City of Dover. They have owned this land for about 10 years and as you all know, they built the power plant. They have a little arrow there on the presentation, the power plant that is in Garrison Oak Park. Calpine built that natural gas power plant and at that time they also bought this farm. It is in farming right now and they keep the land preserved. They have a tenant farmer and an arrangement with him to grow crops, so the land does not erode, but they want to make energy from this farm. They want to make solar energy and they want to join the City of Dover because the City of Dover is a progressive jurisdiction that promotes green sustainable energy. That is one of the reasons that they want to join the city and it is one of the reasons they have come to council. That reason is in the city’s comprehensive plan but like anything else everybody wants to know what it is going to look like. Now, this is the disclaimer of artist rendering, but this is on the 248-acre farm, about 100 acres of this farm are wooded and it is going to stay wooded. It is not cleared. About 148 acres are farmed right now. It is cleared, it has ditches and things, but it is farmed. So, solar energy, if they are fortunate enough to be annexed in would only go into the cleared area. That is the area in the light green and the little sort of black rectangles; those represent the solar panels on the presentation. What he thinks is most important for the neighbors and council is the border around the property, the little green circles and there is a blow-up in the upper left-hand corner; that is the proposed forested tree buffer.

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 8 Mr. Dunkle explained that he had asked the engineer to do some math for him and it is in the presentation. They would plant 1.93 miles of forested buffer around this property. So, where council sees the little circles, that whole perimeter would be planting the trees and he cannot see the depth, but it is a pretty deep buffer. It turns out to be about 2,040 trees or a little over 10 acres of a buffer. No one is going to see it and residents are not going to hear it. Residents are not going to experience it from the road. It will not be at the beginning if the trees are not tall enough, but eventually, that will happen. So that is generally the plan for the property to switch to the production of electricity from the property. Mr. Dunkle highlighted parts of the City of Dover's current comprehensive plan. They believe they are supposed to demonstrate to council that they meet at least one of the goals of the comprehensive plan. They meet many goals as they believe they will show the council. For the environment, do they think this project will protect the environment? Of course, it is going to help reduce carbon emissions. It will improve air quality for the same reason. Mr. Dunkle stated that he is not going to go through the whole list because he knows council received this and they know the city’s comprehensive plan. Mr. Dunkle noted that he stopped when he came into the building tonight to look at the memorial, the Crawford Carroll. Mr. Carroll was Mr. Dunkle’s Mayor when he was growing up in Dover. When Mr. Dunkle graduated from Dover High School in 1978, he thinks Mr. Carroll was still the mayor or he had just retired. Maybe Mr. Richter was the mayor by then. Mr. Crawford Carroll believed in growing the City of Dover through annexation. Mr. Dunkle thinks everybody knows; they learned in school Dover is bigger than Wilmington by land. There is a reason for that when it makes sense for the city. They believe that this makes sense, and they would like to be part of the city. Mr. Dunkle stated that they know that solar is in the city’s future. He knows that is a part of the city's electric plan as well. There is another component to this too. Remember the 100 acres that are woods? They are going to preserve that as an open space. That is a goal in the city's comprehensive plan to add open space to the city. They are in discussions with the nonprofit group that helps make that happen. Mr. Dunkle stated that he would like to mention something because he needs to bring it up and not as direct criticism, the Planning Commission did not mention any of the goals. In their decision, they did not reference any of the comprehensive plan goals. Mr. Dunkle highlighted one of the pages from the City of Dover’s professional planning staff report where the city’s planning staff recommends this annexation and this comprehensive plan change both to the map to show the farm to be annexed in the future and also to the text to come in as a private-public utility. This is not a housing development. This is not a box manufacturing plant or anything like that. It is to come in as a utility and that was the city's recommendation. Again, that was not mentioned by the Planning Commission at all in their denial. The last page of the presentation is from the Plus report but Mr. Dunkle did not do the whole thing, but up in the left-hand corner, the Plus logo is there. That is the State of Delaware Land Use Planning. They generally recommend against development, so to speak, of land east of Route One, but not for this because they recognize this unique use is low intensity. Essentially once the solar panels are up, they go by to check on them and clean them. There is no traffic. Nobody is living there. Mr. Dunkle asked if there was any noise and they did not think that there was any noise, but they might put in the kind of panels that turn and follow the sun. So, he cannot swear on his heart and promise that, but they think it would be very minimal if anyone could even hear it. So, it is a very low-impact use.

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 9 So, the State Land Use Planning Office said that they recognize this exception, and they have no objection to this use going on this property either. Again, the plus recommendation was not mentioned by the Planning Commission. Mr. Dunkle believes that they have met the requirements for the comprehensive plan changes. As he said, this is step one. Tonight's vote is not the annexation, and it is not the site plan. It is simply changing these labels really so they can then qualify to come before council and ask to be annexed in. Responding to Councilman Anderson, Mr. Dunkle stated that if they were way out miles from the city and were not contiguous, he thinks he would see Mr. Anderson’s point. But being right next to the Garrison Oak Technical Park, Mr. Dunkle thinks it makes good planning sense because there is already solar as they saw in the graphic. There is solar at the park and there is electricity being produced by natural gas. Mr. Dunkle stated that this property is next door, and they think it is logical to be there. Mr. Dunkle does agree with Mr. Anderson that they are running away from the county. Mr. Dunkle explained that up until October of 2022, this project’s utility-scale, large solar was permitted in about 80% of Kent County. All land with a zone AR, Agricultural Residential, all land loan zoned AC, Agricultural Conservation, which is about 80% of the county as a conditional use. So, if they satisfy the conditions then they would get approved. Many of the folks in the room here behind him do not want that all over the county and they exercise their political right and spoke up against it. Kent County first amended its plan and said, "Okay, east of Route One, no large solar." That went into effect in May of 2022 and by October they said, "No large solar in the AC and AR. Only in what they call the BG, the Business General Business Highway Commercial Zone, which is probably about 7% of the county. It is for commercial endeavors, really not suited for a large solar array. So, until that time, it was allowed in the jurisdiction then the rules changed. Well, Calpine is a big company and they have been thinking about this for a while. Calpine put an application in before the rules changed, but they saw where the county was going. Mr. Dunkle noted that the county, he will have to say, went backward and made it much, much more difficult to do what they had for many until 2022 permitted. Mr. Dunkle stated that they are right next to the city, and they are next to power generation, so they felt it is logical. Also, the county does not have in its comprehensive plan the goals that the city has about sustainability, green energy infrastructure, and locating those things near Garrison. Mr. Dunkle explained that he is trying to get his project approved and trying to scramble and be light on his feet and adjust. The most logical place to come is right next door. An annexation, as he said in the beginning, Calpine wants to join Dover. They are not dragging their neighbors in, and they are not asking their neighbors to do anything. Calpine is simply asking to put this farm that they have owned for 10 years, take it out of farming, no more tractors and no more fertilizer and all that stuff, and put the solar panels in. Responding to Mr. Neil, Mr. Dunkle stated that they checked with the company, Calpine, to answer his question. They have solar panels on order right now for another project that they are building. This project would take about two years before they could commence building. They have plenty of lead time to order the panels for this project. They will not send an order in until they have some idea that they might be on the path of approval. The company’s representative was present and can confirm that representation Councilman Neil, but they will have panels by the time this would start in two years for sure. They will farm it until that time to keep the land in its current state. Mr. Dunkle stated that no one to their knowledge has offered to buy the land to

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 10 keep it as a farm. Councilman Hare stated that he just does not see where 100 acres are going to starve anybody, but it meets all the comprehensive plans that they put together. Council put forth and said, "Let us follow this plan." Calpine owns the property, and no one has attempted to buy it. If this does not go through, following the comprehensive plan that council has approved, Calpine may choose not to do anything with the property, might not continue farming, or might not do anything. Mr. Hare continued to state that he thinks that council is in a position where they sat back and said, "Here is what we want to do. Here is what we want our comprehensive plan to be," and this follows that plan. Now, just go forward from there. Responding to Mr. Rocha, Ms. Gray stated that it follows the goals and strategies of the comprehensive plan. What it does not follow is the map on the two maps in Chapter 13, for annexation. So, these two properties are right outside of the areas. Chapter 13 talks about potential annexation areas and the map articulates three areas for priorities to annex. One of them was 273 Acorn Lane which is listed as a high-priority area. Those are areas of enclaves that are within the city. Those are high-priority areas. Other areas are second areas of priority. So, these areas are right outside of the areas identified for annexation. So, for an area to be annexed into the city, they have to be identified on this map as a potential area for annexation. This amendment would be adding those areas, adding this property into that map to the potential area. It is called potential areas for annexation. Ms. Gray explained that the second of those two requests is for the second map which is potential land use for annexation areas, and that identifies the land use classification. So that request is to identify the land use classifications as a public utility. Ms. Gray stated that public and private utility solar use is a land use classification, and the city is looking to amend the comprehensive plan to include this area, this land use area to be categorized as. Mr. Dunkle stated that the actual origin of the buffer was in Kent County. The city also requires a setback space from the street and space from neighbors, depending upon what kind of activity someone does on their property, except farming. No buffer is needed if someone is farming. The county said, "Well, we want those buffers big." So, Calpine voluntarily made a really big buffer because the code that applied to them was a small buffer space. They will make it big and so they kept that in this proposal, even though the City of Dover's buffer is small. The buffer is to give the distance from neighbors, visual distance, and it does help with noise. If there was an activity with dust, sometimes it helps with that. It is a visual thing. If you ever go out there right now, White Oak Road and Route 9, Mr. Dunkle thinks there are a bunch of houses there at the intersection. There are some houses on White Oak Road, and they are going to put trees all around the farm. So, it is just a shield in a way, so no one can see it. Mr. Dunkle stated that this would pretty much be a low-density area. Responding to Council President Sudler, Mr. Dunkle stated that council is going to hear other people at the meeting, what they imagine, or what they feel it might be. Mr. Dunkle has folks with him who can talk about that, but they are going to tell council that, and he can bring them up, they follow what is called best practices in ordering the panels. So, they are going to be the best quality panel that is manufactured, and that means stringent standards. Once they are installed, they do not need much maintenance except cleaning. They are probably not going to, as far as they know, make any noise. There is no traffic. They are going to sit there and passively

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 11 create electricity. With the buffering, there are probably not going to be any visual concerns. There is a lot of speculation about panels. Some people say, "Well, it might confuse the geese." Mr. Dunkle noted that he hunts, and he does not think it is going to confuse the geese. They are pretty smart, they never come to him. There are some concerns about that. Quite honestly, President Sudler, it is like everything else, this is different and new. There are a lot of things that they get concerned about that are different and new and then they get used to it. Mr. Dunkle noted that he remembers reading the history, "That they were afraid when they invented trains that people might get injured if they went fast on a train." Now they are going to outer space. So, he thinks that a lot of it is new, and it is different. It is not farming, and they are used to farming. As he said, "There has been a lot of change in farmland in Dover over the last 40 years." They do not know of any actual health or safety or welfare concern that would be posed by any solar panel installation. Responding to Mr. Hare, Mr. Dunkle stated that LS Power is where they have an existing solar array in Garrison Park. They are hard to see, but the LS Power Company installed those. Mr. Dunkle thinks Mr. Hare is right, it was about 15 years ago. They were installed he thinks around or before the natural gas power plant was built, so they have been there quite a while. As far as he knows, they have not had any incidences of injury or problems. Their technology obviously would be 15 years newer. Responding to Mr. Rocha, Mr. Krish Raju, Calpine Company stated that they will sell the power to the grid, which is PJM. They would be tying into the Cartanza substation, which has access to the City of Dover interconnect as well. Where the power flows, they do not control that. They send it to the grid and wherever the demand is, that is where the power flows. Responding to Council President Sudler, Mr. Hugg stated that there is an existing, he believes it is a 10-megawatt solar facility that was built. He is not quite sure how long ago, but it is more than a decade ago. It has been operating effectively since then, it is very old technology, but it continues to operate. The city has not had any issues that he can recall. He does not believe there are any that they have had in the years it has been out there. The city has had some solar arrays on a couple of buildings longer than that, so they have some experience with solar. Sort of shifting gears going forward, the city is under a variety of mandates to increase the amount of green energy they have as part of the city’s portfolio. Mr. Hugg explained that the city has done that by buying solar energy. The city has done that by an outtake agreement, with the solar facility that is already at the park. The city will be needing additional renewable energy, of some sort or the other, to continue to meet the state's green carbon reduction goals. Mr. Hugg stated that they had entered the city, which Dr. Pillsbury had mentioned, and they had a discussion and entered into a contract with a solar provider. That project is in disarray at the moment, and they are not sure whether it is going to proceed or not. Either way, that would not prevent the city from looking at other suppliers of solar energy moving forward. Charles Sulkin, 15 Maple Lane, stated that he has lived here for 44 years. Mr. Sulkin retired as the Director of Delaware State Parks and he has continued to be active in environmental matters since then, particularly through the Kent County Conservancy. Mr. Sulkin noted that he is

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 12 representing the Board of Directors for Kent County's Conservancy tonight. With him also is their President, Lyle Jones, also a longtime downtown Dover resident. Since the year 2005, the Kent County Conservancy has advocated for the preservation of open space in their community. By their community, he means the whole county, but their focus has been on the Dover area. Mr. Sulkin explained that they have accomplished this mission through conservation easements and landowner contacts. They have done advanced negotiations on behalf of governmental partners, including the City of Dover, and most recently through land acquisition themselves. As a result of two generous donations of land, the Kent County Conservancy now owns and manages two parcels of wooded wetlands totaling 45 acres, just east of Dover Downs, off Persimmon Tree Place, north of the parcels that are being talked about tonight. With the most recent acquisition of 15 acres, which is immediately north of the Garrison Energy facility, their organization now shares a boundary with Calpine and with the parcels in question. So, they are Calpine's neighbors. Although clean energy and climate action are not specifically spelled out in their organization's mission statement, they must deal aggressively and effectively with a transition to clean energy if the natural resources that they care about are to survive and flourish. The same goes for their own personal health and economic vitality. The city is to be commended for proposing to accommodate solar power within the city limits. Every individual, organization, and governmental jurisdiction must do their part, and be part of the solution to reduce the carbon footprint. The earth and its people are stressed, and the success of this venture is vital. It makes sense too, to cluster energy production and distribution systems wherever possible. It is hard to imagine a more appropriate location in the city. In his career and now with the Kent County Conservancy, they have placed the preservation of high-quality farmland as an important objective. Though from time to time they understand that other competing interests, specifically positive competing interests, like clean energy, may require the taking selectively of open space and farmland. In this case, the agricultural acreage that might be lost is significantly inferior, more poorly drained, and presumably less productive than the nearby farms. Calpine has been a good steward of the wooded wetlands adjacent to the proposed site and adjacent to their land. Kent County Conservancy is encouraged that Calpine is interested in working toward the permanent protection of this forest. They are not legally obligated to do that. Another 100 acres of permanently preserved forest land within the city would benefit all the residents. Mr. Sulkin stated that they will be happy to assist them in that effort if they ask. In closing, the proposed change to the city's comprehensive plan at this location offers a multitude of benefits, clean energy for our community, climate action for the planet, economic development, and jobs. All of this with increased tax revenues, no additional traffic, no noise, and the high prospect of additional land preservation. The Kent County Conservancy encourages council to move forward. Lyle Jones, 230 North Bradford Street, stated that he has solar panels on his house. He can see them from his bathroom window and does not hear anything about those solar panels whatsoever. Mr. Jones is the president of the Kent County Conservancy for about a few more months, then he is done. Mr. Jones retired from the Department of Natural Resources. When he worked for the Department of Natural Resources, he did soil evaluations for septic systems throughout the state. He also had a staff that worked for freshwater wetlands. Later, he helped

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 13 develop pollution and control strategies, and some of those strategies are incorporated into a comprehensive plan. Mr. Jones is talking to council as a soil classifier, an individual that maps soil on the surface of the ground. He has mapped the Garrison Farm, which the City of Dover requested. It has been more than 20 years since he mapped that soil. Mr. Jones thought the city was a little crazy when they got this wet soil. The area that he mapped, Garrison Oak, had standing water on it. The crops, a lot of crops had not been picked, so he did not understand what the City of Dover was trying to accomplish, but he was concerned about the wetness of the soil. Mr. Jones helped with the soil mapping of the State of Delaware, and the remapping of it. Mr. Jones also assisted with developing the list of prime soils for the State of Delaware. Mr. Jones stated that he got a copy of the plus comments, and he was concerned about some of the comments in there about the soil. The two things that concerned him were the prime agricultural lands on this parcel and the presence of well-drained soil. Mr. Jones noted that he got this data from NRC, which is the Natural Resource Conservation Service. Responding to Mr. Anderson, Mr. Jones stated that they are wet on the surface. There is a lot of silt in those soils. In wet years, they do not get much of a crop from it. In the dryer years, they do pretty well. Again, with the silt on it, in very dry years they probably can get a crop. It is mucky soil; water will stand on it for three to six months. The prime agricultural land has been developed into houses. When someone looks at a star, the LEA, and the UIB, those are all prime agricultural soils. The green areas that you can see consist of prime agricultural land. The whole parcel is not prime. The aqua color is soil that is a concern for the state. He thinks that they are primarily concerned with silty soils. They do not have much of that in the State of Delaware, so they are concerned about losing them as just soil. Again, he enjoys solar panels on his house, and they cut back on some bills. It is probably a good use of the soil. Again, these are very wet soils, they will stay wet for long periods. Responding to Mr. Anderson, Mr. Jones stated that from what he sees in the Garrison Oaks solar field, they are on little, what looks like, four by four or six-foot posts off the ground. The panel is about four feet off the ground and of course, looking towards the sun. That should not give the solar panels any difficulty. Responding to Council President Sudler, Mr. Jones stated that they have been out there. Now when he looked at the solar panels, the grass is cut around the panels. He has never seen that. He has been out there quite a few times, and they all seem to be cut. Mr. Jones explained that with the grass visitation on it, it would not be as muddy because they do not have open ground. The ground is covered so it is not exposed. When he looks at the solar panels, at existing solar panels, there seems to be a little swale in between them for water to move, but he has not walked in the field to verify that. It is just on visual observation, there appears to be a little swale in between. Dustin Thompson, via Webex, stated that he is the Director of the Sierra Club Delaware chapter. They are a statewide organization that operates in all three counties to promote renewable energy and climate policies, but he resides in Wilmington, Delaware. He heard earlier that it sounded at least that public comment was the only reason that the Planning Commission said no to this proposal. Mr. Thompson continued to state that he would just like to start by saying that this is not a sufficient reason to deny this project in his view, particularly given the comprehensive plan and the City of Dover's commitment to renewable energy. As elected officials for the City of

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 14 Dover, it is incumbent upon residents to rise above political pressure and to stay committed to Dover's ideals, to support the rights of the landowner, and to promote clean energy for the city and the state. Across the state right now, they are seeing a proliferation of misinformation and anti-science rhetoric, and it is killing the chance of providing the energy they need to leave a brighter and more sustainable future for the next generation. Over the past few months, PJM, our grid provider in the north-east here, one of the largest in the nation, has talked about an energy crunch here in the north-east that is coming if they do not start changing some things right now in a pretty rapid way. Now, they are working on issues at PJM because there have been issues with folks being approved through the interconnection process on their side and now, they have transitioned over or are in the process of implementing changes to adapt to the changing environment in the energy sector. Before there were a lot of large-scale energy injections in small footprints, predominantly within the past couple of decades, heavily reliant on natural gas. So, they have a project that is within a few hundred acres producing an inordinate amount of energy, but that is not the energy that is coming online now and not the energy that they are transitioning to at a rapid rate globally. But here in the US and of course in the Northeast, they are moving towards energy resources that are dispersed across lands, particularly solar and wind. The interconnection system has not been built for these types of interconnection processes for these types of projects. So, PJM's working on that on their end, and they are moving towards a first ready, first served rather than a first come, first served system, and that is already having great impacts. But now they are putting out that, that is not one of the biggest issues. It is not a tech issue; it is not a lack of interest, and it is not a lack of companies willing to put up their money to produce this power. What they are pointing to is largely land use issues and folks killing quality projects like this one because they either do not support solar, they are from an industry that does not support renewable energy, or they are just being misled by information that is out there that is just simply not accurate or based in science and reality. There are of course other concerns. Not all energy should be cited everywhere. They have to balance that out and they understand that but there is simply no fact-based reason to deny this plan. Mr. Thompson has heard about Kent County; he was involved in that struggle there as well. Yet a group of farmers got a raw deal back in the seventies and nineties, but took that deal because they believed in farming, they believe in their community and they have stood their ground and made sure that the land, the prime agricultural land in that county across route on the east side of route nine was preserved. It is unfortunate that now that fight has catapulted into denying the ability to generate solar energy on the scale that they need it in this region, in this state, and over 80% of the county. Essentially what has happened, as council has heard, by putting it on commercial development only, they have in effect banned utility solar in Kent County. This is not based on science; this is not based on reason. This is based on politics. They have to do better, if they want to avoid the type of energy issues that everybody professes that they want to avoid, then they have got to get their act together. They have got to start acting like they are in the emergent situation that they are in, and they have to get smarter about where they are citing solar, where they are citing wind, and listening to science, to reason and not political pressure alone. Making sure that other energy systems function for the next generations and that they are not killing the energy systems that they need now and hurting those that come later. Now, Mr. Thompson knows there are a lot of political reasons to say no to this. There is a lot of fear flying around in Delaware. They are seeing it across the nation, but the reality is that they

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 15 have to do the hard work of building a better future and they need to do that starting here tonight. Ann Kirby, via Webex, stated that she is a resident of New Castle County. While she very much had hoped to attend tonight's council meeting in person, her work travel and obligations have restricted that possibility, so she is very appreciative of being able to attend and speak virtually. Ms. Kirby is the Private Sector Chair of the Delaware Energy Services Coalition. She is a steering committee member with Green Building United and she is a senior manager with a solar developer Pivot Energy. For clarity, Ms. Kirby has no relationship whatsoever with Calpine. She wants to thank the Dover City Council for this opportunity to share her professional experience and input on Calpine Holdings amendment request. Ms. Kirby strongly encourages the council to reverse the Planning Commission's recommendation and to approve the sought amendments as they are categorically consistent with the priorities, goals, and recommendations of the city's comprehensive plan. Ms. Kirby stated that she is perplexed about how the Planning Commission could have arrived at its conclusion. The council ought to weigh compliance with the plan as well as the staff's support more heavily than the Planning Commission's conclusion. The private property rights should additionally carry weight, as should consideration of the prospect in orders of magnitude of alternatives to how this land might be removed from farm status with what would be perceived far more negatively than a passive solar farm. Ms. Kirby’s concerns lie in what other uses might the city possibly contemplate, especially since the public was receptive to building a natural gas power plant, yet a solar farm's lack of impact in noise, light traffic, appearance, land-use modification, et cetera, is far more attractive than the potential alternatives. A solar farm will maintain the current profile of being quiet, dark, and low profile. They do not know what the future might hold as far as other possible land use applications, but what they do know is that as a solar farm, this land will in essence remain preserved and could feasibly and easily be returned to farm use in future decades. Kent County's restrictions on solar development have been guided by the fears and misconceptions of other developments of farmland with solar without regard to the reality that our electric transmission system is designed in a way that restricts capacity, meaning our electric grid can only accept so much capacity from distributed energy sources like solar. They seemingly have an endless supply of farmland that is deemed acceptable to be converted to housing development, but the feasibility factor of economic interest in solar development is far less. While Kent County's restrictions on solar development had very sadly and regrettably moved the county and the state's opportunity for clean renewable energy generation in the opposite direction of the state's legislative policies and priorities, as well as the desire of the majority of the state's public citizens with restrictions on approximately 80% of the land area, the city alternatively is progressing in a positive direction. Approving these amendments is the vision for the future of the city and she urges the city council members to vote to approve these amendment requests. Charles Garlow, Sussex Street Rehoboth Beach, Delaware via Webex, stated that he was speaking on behalf of the Citizens Climate Lobby of Delaware. They are concerned about global warming and climate change, and he is speaking in favor of the proposition to have a solar farm located there in Kent County. Those who are concerned that the farmland is being re-retained would urge that they may consider that a solar farm is a farm, just like corn and soybeans, in that they take God's good energy. It is heaven sent every day to take air and other products to water

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 16 to produce a product that everyone needs. In the case of soybean and corn, it is something that they eat. In the case of the solar farm, it is the electricity that they need to power all the conveniences that they are accustomed to. So just like a tree farm, it is the same sort of way. Mr. Garlow was born in West Virginia, his dad was a beef cattle rancher for most all of his life too, so he has had some opportunities to appreciate the farmer's perspective, but he believes that he would like us to say amen to all those people who have spoken in favor of the solar farm and urge them to take the appropriate steps to make that happen. Paul Phillip Cartanza, Jr., 1477 Carranza Road, Dover, Delaware, stated that he was there with his daughter, Taylor Carranza, as they are the owners of Shady Brook Farms, which in the maps they are right there in Route Nine about the middle way, that map, and the farmland. That is the home farm. His daughter is a fifth-generation farmer, and fourth-generation owner of Shady Brook Farms. They are against the proposed annexation of the Harmon Farm into the City of Dover. Their main goal here is to protect the farmland from development, just as Ruth Ann Minner did back when she was governor. Governor Minner placed many restrictions on the land east of Route One to protect and preserve it. Same thing they are trying to do today. Nothing has changed. As a farmer, Mr. Cartanza worries that the annexation will allow this to be solar. He thinks it sets a bad precedent for the city moving forward and how the city manages the land moving forward. The original growth for the City of Dover, he noticed a lot on the maps, was west and not east. Everything east was to be protected and preserved. Based on the outcome of decisions like this, many young farmers, and ranchers could be, would be deterred from a farming lifestyle. The younger generation, if the younger generation is discouraged from the agricultural industry, which Delaware is known for, the state will suffer the consequences eventually. They have also stood against similar projects at Kent County Levy Court. They have stood against all this stuff to protect the farmland, as he said before. They are there because it seems like they found a loophole and they are using the city of Dover to get around Kent County. Mr. Cartanza thought that was Kent County's job, to put the standard out there. Mr. Dunkle had spoken about keeping open space by the piece of the wooded area. The wooded area is an open space. It is going to remain that because nobody is going to build houses there. It is surrounded by other wooded areas. That is never going to change. Keeping the farmland protects the open space. Sustainability is producing food, first and foremost, for their families. The farm has never been offered for sale as far as they know because they believe that Calpine has always intended on this use eventually. A hundred acres do not starve them, as they said earlier. It does not starve them, but it does set the precedence for what moves forward from here. So, whether that matters or not, he is not sure. They talk about the farm not being a good farm. The gentleman spoke about land use. He has been on Garrison Farm and tilled it as a child, working for his grandfather, his father. They have tilled where the Garrison farm is, and they have also tilled the Harmon Farm. They had to give up the Harmon farm because of a labor shortage, so they gave it to a neighbor of theirs. They wrote a letter to Calpine asking them to give it to him. It is 85% of his farm farming operation now. If he was to lose this, he would be out of business. Mr. Cartanza stated that there is wheat growing on what they called poor land, some of the maps that they provided earlier. There is wheat currently growing on that land right now. Some of the best-looking wheat around. He has specifically grown 35 acres of potatoes on that ground up closer to Route 9. So, there is really good ground on the farm, really productive land. Anybody

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 17 that knows anything about potatoes, you cannot mud them in. They have to be grown in good soil. The people they have heard from on the phone supporting this, most of them are from Rehoboth Beach, New Castle, Wilmington, and Pennsylvania. He wants to hear more from the City of Dover residents than he does people who are not going to see it, who are not going to look at it, and who do not have to live next to it. Mr. Cartanza stated that he has quite a few people behind me that will support him. Mr. Cartanza noted that he has an eight-year-old son whom he hopes someday will join his sister in the farming operation, which this farm butts up to theirs. If they would like to sell it, they surely would be interested in looking at it. They cannot pay what the solar companies pay. A lot of that is government-funded too. Mr. Cartanza stated that they are not government funded. They do the best they can with what they have. Going back to his son, he would hope that he would someday join his sister. This will only happen if they stand together to preserve the small amount of farmland left in the City of Dover. Mr. Cartanza noted that he has had no political gain. They talk about politics. He does not see where this is political. The politics would be letting it go into solar panels if council asked his opinion. Mr. Cartanza would also like to point out that they do proudly represent Dover, Delaware, as they display Dover on their trucks, shirts, and potato bags that are shipped all over the east coast. They are truly proud to call the City of Dover their home and they hope that the city appreciates their opinions on this matter. The man spoke, he said on a wet year, it is a good producing farm. He was true. Last year when they went through their droughty stage, Mr. Brown, who tills the farm now, was growing better crops than Mr. Cartanza was off of the irrigated ground. That is pretty impressive. They called it a swamp and that is what expenditures are for. With today's technology and farming, they can handle pieces like that with no problem. Tricia Herdnash, 3652 Big Woods Road, Smyrna Delaware stated that she wanted to try to give council some perspective, not necessarily, she is from a farm family, but not from that. Ms. Herdnash was, back in the early 2000s, one of the residential committee members for Greenways of Delaware when we declared Route Nine, a scenic byway for the state of Delaware. She is a member of Friends of Bombay Hook Wildlife Refuge, which is also in this area. She is a fifth- generation farmer. Ms. Herdnash’s father was born on a farm on the east side of Route Nine in 1939. So, this area, she knows. She also understands the zoning and she has worked for the last two and a half years with Kent County Levy Court. Ms. Herdnash has been in every meeting; she has been in private meetings, and she has sat with Levy Court commissioners. Ms. Herdnash has a ton of respect for Mr. Thompson from the Sierra Club. They have sat together, and he knows her perspective. She would like council to understand a little bit of the history here. So, take a family like hers that owns land in this area. She is talking thousands of acres since the 1930s and the county came in around 1990, she would say 1996. Without notes, she cannot give them exact dates, but they came in and they decided that there was to be no more development on the east side of Route One and they started changing their zoning. To make this brief and to give council the clearest picture, before that, they could do anything they wanted with that land. They owned it. If they wanted to put in a Walmart distribution center, so be it. If they wanted to put in a housing development, so be it. Well, guess what they did? They came in and they went, "We do not want you to be able to do anything with this land. You own it, but we are going to take all the value out of it. The only value you have got is as agriculture." Ms. Herdnash stated that they fought it and there was a

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 18 lawsuit. Farmers for Fairness, Kent County, Delaware. They won and overturned that. Then guess what they did. They came back through the Kent County Comprehensive Plan somehow, pretty slickly, and they did this new zoning called agricultural conservation, AC which you see on that map. There is AR, which is Ag residential. There is AC, which is Ag conservation. Ag conservation in some areas can be AC 10. That means one house per 10 acres if you are not in farmland preservation. Ms. Herdnash thinks that council needs to understand the emotion in this room of these landowners. Calpine bought that farm 10 to 15 years ago. It had that zoning when the land was purchased. They knew what they were buying. They knew what they were allowed to do with it under the county zoning restrictions. People like her family, people like these families had those rights taken away from them and they did it for the good of Kent County, Delaware. They stopped fighting it so that they could maintain farmland in Kent County, Delaware. They never wanted the east side to end up in the housing developments that the west side had. Ms. Herdnash noted that they wanted to preserve the land. Ms. Herdnash stated that they own land that is not in farm preservation. There are a lot of misconceptions about, "Oh well, everybody got paid for their farming rates." No, a lot of people chose not to. A lot of people held onto it. They thought if they have grandkids if their kids have kids, they want to be able to build them houses. They have a rule that is 23% impervious coverage on AC-zoned land in Kent County. The maximum amount of coverage you can have is 23%. So, think about how much land they have to own to put that many solar panels and only cover 23%. Somehow that does not apply in this situation. Ms. Herdnash noted that this has been going on. If council thinks this is a long meeting tonight, this is nothing. They have sat through these meetings until 1:00 and 2:00 AM at Kent County Levy Court for going on three years. They have had private meetings and there is a pending lawsuit to stop this. There is a pending lawsuit that has not been decided yet that says that utility- scale solar is an industrial use of land. It has not been decided yet. No one can have an industrial use of land on AC-zoned land. Ms. Herdnash stated that they are bringing this to them to dump on the City of Dover. If council lets Calpine get away with this tonight, it may not be their intention, but she wanted to tell council what is going to happen. From sitting in these meetings for years and seeing these companies come in and prey upon this land, let her make this clear as to why they are doing it, low land values, cheap to purchase, already cleared, already flat, already good drainage. None of them are against solar. None of them are afraid of solar panels. They are for responsible solar. Where does responsible solar go? Del Tech is a prime example of responsible solar. Dover Mall needs regeneration of income. How about looking at the parking lots there? How about Dover Downs, the New Bally's Casino? There are responsible places where the City of Dover can put solar, and she trusts the City of Dover to do the right thing. This is what Kent County solved. Kent County sat down and went, "Whoa, we are in trouble." They started being inundated with these applications and if the city annexes this in for this reason, they are going to be inundated too. There are 800 acres right next to this one that is already trying to go in. There is going to be a lawsuit about it and the city is going to get it too. If council approves this one and they deny that one, she knows their hotshot attorney and they are going to come in here and try to file a suit against the city too. Ms. Herdnash stated that council does not know what they are getting into. So, she is here to give them that warning. These guys can take care of the

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 19 farming. She told council that this is a bigger issue. Kevin Goldsboro, 668 Lighthouse Road, Smyrna, Delaware 19977, stated that he served in the Delaware Army National Guard for eight years. He has served a year in Afghanistan. He loves his country; he loves his state. Mr. Goldsboro has a degree in criminal justice. It does not make him a lawyer, but it does help him talk about some of these things. Mr. Goldsboro noted that he has kind of felt it was very emotional. So, his family are the ones who are handling the lawsuit that Mrs. Nash was talking about. They do not want to see their way of life disappear. The one change that he does not want to lose is his freedom. He does not want to lose his freedom and that is how he sees this. Mr. Goldsboro has looked at all the articles throughout the country and solar is taking up the farmland. They go out in this area, they are talking about the area where their current lawsuit is, and they just feel free being there. That having no open spaces, kind of feels caged in. So, this type of solar would threaten their agricultural future and violate many of the goals of the State of Delaware and of the farmers who have been working towards these conservation zonings. Which is to maintain their farmlands for agriculture and habitat purposes. Their current zonings have been working for decades to promote load-down city development. And he sees no sense in trying to fix something that seems to be working. Consequences include loss of property values; it is an atmospheric disaster. If anyone goes out there now, it is a beautiful area, a line of trees, and that is just nothing to look at. He has seen where projects have been put up and it even takes a good amount of time for those trees to hide those panels. Hiding those panels, something always seems wrong if they got to hide it. He also does not know about this area in particular for housing, but the well water contamination could occur. The EPA has confirmed that there are 15 contaminants within solar panels. Mr. Goldsboro noted that his dad is friends with someone down in the Lewes area who has solar panels, shore birds drop oyster shells and clam shells and cracked the solar panels. He was told not to clean it up. It takes a trained expert to clean these hazardous materials when that happens. He wonders what happens if a hailstorm comes through and shatters some solar panels. If a bird dropping shells on panels could break the panels, that is when the contaminants are released. When the pan panels are intact, they do not release contaminants. Things can happen to the panels where the panels leak contaminants. So, about the water, water perching, all of that? With these panels, it would shade a lot of the surface area. The ground would perc worse than it currently does. So, he could see where that would affect the immediate acreage around the area where if the water cannot penetrate the ground, it is just going to be run off into neighboring farmlands. So, they would have a compounding issue on neighboring farmlands that currently is not a problem happening when you have less water perc occurring. Mr. Goldsboro stated that he has read several articles about these panel projects, in various areas of the country. There was a project, a 45-acre project proposed in Chesterfield County, Virginia last year. Water perc was a concern in that area, being near a river. Mr. Goldsboro explained that he had called one of the commissioners that voted against that project. He looked up the satellite imagery of the area that the county passed four to three last year regarding the pending lawsuit. He said he could not believe that water perc was not considered in that area with it being low- lying and a river nearby. What he has seen pre-presented about perc in this area, looks worse than the area where they currently have a lawsuit. Mr. Goldsboro stated that when these zonings happened when he was a child, he would have said

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 20 something about it. He was too young to say anything about it then but all these years, they have played by the rules and kept agriculture low-density. If they allow solar and they allow farming, those are only two things. That is not recognizing property rights. That is not the same thing as letting somebody do whatever they want to do with their property. So, he sees their freedom at stake. Mr. Goldsboro has been to war for their freedom. Seen sacrifice and he hopes this land stays open. Mr. Goldsboro believes that they will be able to hold on to their freedoms and some justice if they continue to have this land as farmland. Responding to Mr. Anderson, Mr. Goldsboro stated that he does believe that it would affect agriculture in the immediate area, where it is perking from what he is hearing, and he has seen the area. So, it is perking maybe arguably poorly now, but with the way he understands these panels cover 85% of the surface area. They cover anything, it is shaded, and it is not going to perc as well as when full sunlight is on them, the water is not going to go into the ground. So, it has to go to adjacent properties. The thing that he has learned in criminal justice is that there are due process clauses within the Fifth and 14th Amendments that are supposed to protect adjacent property owners and he thinks that applies here. Charlie Pardee, Jr, 3111 Big Woods Road stated that he was born at Kent General Hospital 84 plus years ago. Mr. Pardee was raised at 20 Riley Road in Dover, Delaware, and graduated from Dover High School. He remembers when the town limits went from Wyoming Avenue to Walker Road, Salisbury Road to the highway. Also, he remembers when the power plant was on the corner of King's Highway and Division Street before it went to McKee Road. If the city annexes this property into the City of Dover, eventually down the road after all the hearings, they have South Little Creek Road, North Little Creek Road, and Dyke's Branch Road. They are all adjacent to the City of Dover city limits. Council will set a precedent if this acreage on what we call the Harmon Farm is taken into the City of Dover and eventually allowed to put up solar panels. Mr. Pardee understands now that they can put up solar panels on 50 acres. If he is not mistaken, he thinks Mr. Dunkle said that they were only going to use about 100 acres to put solar panels on. Well, what is the difference between 50 and then another 50? Just leave it open land or let Lee Brown till it. Mr. Pardee stated that he knows a pretty good land use attorney in this town, and he represents a client at present, with 900 acres on North Little Creek Road. They are just sitting back waiting to see what happens down the road. If it is all coming in and there are solar panels, he is almost sure that they are going to apply to bring all that acreage into the City of Dover. If council sets a precedent with these 100 acres and they do not pass or approve all that acreage on North Little Creek Road, then he is afraid that the council in the City of Dover will probably end up in a lawsuit. Mr. Pardee explained that he has watched Dover grow to the West. He watched Chesapeake Utilities, a few years ago run a big pipeline west of Dover anticipating growth out that way. They have young guys that want to farm. Mr. Pardee stated that he has a 27-year-old gentleman tilling his 269-acre farm. If they do not give the young people a chance to farm, then where are they going to have their farmers, and where they are going to have grain to feed the chickens? Jeffrey Lee Brown, 780 Dyke Branch Road, Dover, Delaware, 19901. Mr. Brown, whom Mr. Cartanza spoke about is his father. He had a great year in 2022 despite the cost, and the increase in the cost of the inputs. They have the chart on that land, and he had a great yield. So, he thinks that the land is performing quite well from what they tell him. Now, he is here to speak regarding

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 21 the application for annexing farmland off White Oak Road and into the Dover City limits, namely 3015 White Oak Road. Now, the application intends to consider the long-term development of alternative energy. It is a noble endeavor. They are not against solar panels; however, this endeavor is shortsighted. Mr. Brown feels it is the beginning of eliminating productive farmland in East Dover. Mr. Brown was born and raised here. Now the city should be mindful of maintaining a diverse array of economic sources. This includes the agricultural sector. This local industry contributes jobs, food, and ultimately revenue to local coffers. Now it is prudent that they safeguard this industry. Now in recent years, he has seen what everyone has seen, nothing is given as far as economic activity. Mr. Brown cited two examples, stuff that they have seen right before their eyes because he has seen it all of his life here. Look at Dover Downs International Speedway. Growing up, he knew he could look forward to those two weekends a year. Now it is down to one and they have gone from crowds of over 100,000 to roughly 60,000. Mr. Brown explained that with the Firefly Music Festival, came a fantastic amount of revenue for almost 10 years since 2012. Firefly will not be here for the city in 2023. Does council know who is here for the city each year? The farmers. They need this land to feed the community, and the world, even if it is just 100 acres or 50 acres, it all adds up. Mr. Brown had heard that Kent County Conservancy has that beautiful wetland just near the racetrack. Now Mr. Brown remembers when that came online 30 years ago, and it is fantastic. Animals come in and out. However, in the last four to five years, because he has seen it and driven down Lewis Drive, approval was given to Verona Woods to build hundreds of homes east of Route One. Now they are going off Route One for this. Mr. Brown noted that it sounds like they are setting a precedent, not just here, but to Harmon Farm. They can work it up to Route Nine, which is east of Route One. From here on up to New Castle County. Delaware is a small state. Let council be mindful of the development and make sure they are not overcrowded. It is tough as it is out there driving on the roads. Not to mention the resources being taxed to house people, house new citizens, and give them water. Mr. Brown does not want to degrade the strength of industry by annexing this land. If they give here, making it further east, it is going to go further east as Mr. Cartanza and others have said. Eventually, there will be more such requests and that burden falls on the Dover City Council because, as they are seeing, other avenues are being taken around the county and it has now been put in their lap. Brian Carbaugh stated that if they look at the map, they will notice that it is like a big green blob there that they are talking about is potentially being annexation land with one little green sliver running through it, that is his land. 7793 Bayside Drive, he bought that over 20 years ago as a horse farm. Mr. Carbaugh noted that he has roots in this community. His family sold their farm to the City of Dover when LD Shank II was the city manager. That farm was then turned into a little airport for the City of Dover. The City of Dover sold that airport to the federal government which in turn became the Dover Air Force Base. Mr. Carbaugh stated that the city’s comprehensive plan talks about a lot of great goals for the City of Dover. This is not the City of Dover, and they are talking about two separate things. The goals for the City of Dover and annexing land that is in the county, next to his farm. Mr. Carbaugh has trusted Kent County to watch out for his interest in the county, and he is not sure that the city is looking out for the same interests that he is. He is faced with the unintended consequences of many, many times not standing up and fighting. About 20-odd years ago when

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 22 he bought that farm, the state gave the Garrison track to the City of Dover and he said, “Boy, that does not seem like a good idea.” They want to put a technology park there. They want to bring in lots of new employment and they are going to do that on the east side of Route One where they said they did not want a bunch of people. Mr. Carbaugh remembers speaking with Mr. Hugg about it when he was planning. That technology part was one of his reasons. Mr. Carbaugh did not think anybody was ever going to build a chip plant in Kent County, Delaware on a wet farm east of Route One, but he did not say anything. When they could not build a chip plant, they had to come up with something else to do on that piece of ground, so they built the power plant. Mr. Carbaugh noted that he had thought about speaking out against the power plant. He did not want that power plant there. Right now, if anyone looks out the back of the house, they will see that flashing light on top of the smokestack all the time. If the weather is just right, they can see big clouds of steam come out of that power plant. That is his new view out the back, but he did not say anything. When they were building that power plant and they needed to get the power lines out, the City of Dover had already taken up all of White Oak Road with the power lines that went down there. So, they could not run down White Oak Road. They needed another way to get the power lines out. So, they needed an easement on the Harmon farm. They approached the Harmons who had been dead set against the power plant. They approached them for that easement. Mr. Carbaugh stated that the Harmons said, “No way are we giving you an easement across our farm.” Calpine would not own that farm if it were not for the fact that there was no way they would get an easement unless they bought the entire farm from the Harmons. Had the Harmons given them an easement, Calpine would have an easement across there that would still be in farmland, but Calpine had to buy the whole farm. Now, Calpine owns the farm. They are in the power business; they want to put solar panels on there. They knew when they bought it, they were buying farmland. They make good money from that farmland. They get Mr. Brown's rent just like every other landowner that rents their land out for farming. Mr. Carbaugh stated that it is time to speak up. Council has had people standing up and telling them that there will be unintended consequences if they do change the city’s comprehensive plan so that they can annex this property and so they can achieve their goals by taking land from around my property. There is plenty of land in the City of Dover for them to accomplish their goals. Green energy, solar panels over parking lots. There are lots of derelict lands. Mr. Carbaugh worries about what this land is going to be, probably not in his lifetime, but in the lifetime of Mr. Cartanza’s daughter and son. They are not putting renewable crops here. They are not growing forests or crops. They are putting up technology. That technology is not going to last forever. Someday that technology is going to be broken. It is going to be out of date and what is going to happen to that land then? All that concrete sitting in the ground that held up those panels, even if they come in and take out the panels, they will never get all that concrete out. They will never be able to farm that land again. They cannot farm it, what are they going to do? Put up an industrial plant, put up the next technology for energy? They can continue to work with the county. Maybe they can come to a solution, but right now, he thinks that the city should stick with the comprehensive plan that they have. One last thing about the city’s comprehensive plan. It says the City of Dover does not intend to expand the public utilities sector. Certainly, does not need to expand in an annexation out into the county.

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 23 Mr. Paul Cartanza, Sr., 6289 Bayside Drive, Dover stated that they hear about taking little pieces of this and that they are not going to starve for that. Back in the early days, there were 850,000 acres of farmland in the State of Delaware. Now, they are down to 500,000. So yes, Delaware is small, so little pieces do matter. They cannot afford to keep going in the direction that they are going in. There again, when Route One came through, Ruth Ann Minner cut all of their harm off and said that they could not reach out any further and that this is where they were going to stop. They were going to go west. Well, go west, go back to California, go somewhere, but leave the farmers alone. Mr. Cartanza explained that he has been farming since he was eight years old. He is the second generation, and his son is the third. Mr. Cartanza noted that he left school so that he could drive a tractor. Does not sound like fun, but he enjoyed it. Mr. Cartanza is now 65 years old, so he has been farming for a long time. Mr. Cartanza stated that he has not been on that farm in 20 years so if he made a statement about that farm, he may have made it, but he is sorry, it has been farmed. His son farmed it, his family has farmed it, and now Mr. Brown is farming it. Mr. Cartanza noted that someone made a comment about water retention, but a farmer makes the water go where it wants. They can farm a lot of land out west and they have drained New Orleans so they could farm. Farmers know what to do with water. They can move it; they can ditch it. Mr. Cartanza apologized if it was a bad comment. Nicholas Nash, 2016 Herd Road. Smyrna stated that he has heard a lot of talking at this meeting about different things with the Harmon farm. He has heard that they can take 100 acres and it is not going to starve anybody. Mr. Nash wanted to give a little background on that. In 1947, the farm he lives on now was bought by his great-grandfather and they have farmed it ever since. He has an eight-year-old little boy and has another one on the way. Mr. Nash grew up driving tractors and if someone had asked me when he was 10 years old what he was going to do with his life, he could tell them and he meant it. Mr. Nash’s little boy wants to farm, and he wants nothing more for him. Just like Mr. Cartanza wants nothing more for his little boy. It is a great way of life but when his little boy looks at me, he has to wonder, are they going to be here? 100 acres here and 100 acres there add up. Sooner or later, that adds up to 1,000 acres and then it is another 1,000. They are setting a precedent here and the county has put limitations on this, and they are trying to cut the legs out from under them here. Everybody has the right to do what they want to do but back whenever it was said "Nothing east of Route One," they all made that sacrifice. They cannot build houses out there; it is not an option. When the Harmons sold them that farm, they knew what they had bought. There was nothing that was not said. It has never been offered for sale to a farmer. If it was, he is sure a farmer in the area, including himself, would be interested in it. They have to look out for the next generation. That is what they are all farming for. Yes, they make a living farming, but nobody is just farming for themselves. They are all looking out for the next generation, and nobody here is against solar. There's a place for solar. Three generations from now, there are no farmers left in Delaware because they have all packed our families up, which in reality could happen. 30 years from now, they could look out their doors and say, "This just is not going to work. Their kids want to farm, and they need to go somewhere." When they pack up and leave and all they have is solar panels, what is everyone going to eat? City Clerk Bennett read the following letter to the record:

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 24 April 10, 2023, Dear Mayor Christensen and council members, I appreciate the opportunity to submit comments and support Calpine's application to annex land into the city of Dover as part of its development of a solar farm. My name is Bill Andrew and I'm an engineer with more than 40 years of experience in the electric utility industry in Delaware, including planning and developing electric generation, transmission, and distribution systems. I also resided in Dover for many years and served on the boards of several nonprofit and community organizations, including a term as president of the Greater Kent committee. We need solar energy in Delaware. We need all forms of energy generation we can secure in Delaware, especially renewable energy. Solar energy is clean, carbon-free energy. It is not a fix- all solution but is a step in the right direction. Delaware does not have sufficient in-state generation to support the energy needs of our state's residents and businesses, especially in Kent and Sussex counties. We presently have a generation deficit and must import energy during peak demand periods in both the summer and winter. This makes Delaware a price taker, not a price maker in the electric energy market. And exposes Delaware to extreme price volatility and potential blackouts when energy demand is at its highest. During the most recent holiday season at the end of 2022, we experienced a severe shortage of energy within the region. As a result, the regional energy grid operator, PJM Interconnection, warned of potential rolling blackouts and energy prices went through the roof. Families and businesses depend on reliable, sustainable, and affordable electricity to power our society and lifestyles. The high energy prices experience last December will continue to affect the price of power during all of 2023 and probably longer. Prices for solar energy have decreased significantly over the past decade and are generally stable when compared to the PJM market because the pricing is contracted over long periods. The availability of local solar generation from the Calpine project will help reduce costs and operational impacts during peak periods. Building solar power near our load centers, like the city of Dover, is also very important. The power generated by the Calpine solar facility, even if it is sold into the regional PJM market, will be consumed locally by residents and businesses in Dover. Power flows toward electric demand through the path of least resistance. Having a solar facility within the city of Dover will reduce transmission costs and electric line losses as well as the need for capital investments for system upgrades and bigger transmission lines. I believe that local solar generation is an important part of the state of Delaware's and the City of Dover's energy future. Our state has adopted significant policies to prioritize renewable energy and reduce state-level carbon dioxide emissions. As the lowest-lying state in the country, Delaware is particularly vulnerable to climate change impacts and sea level rise. Projects like Calpine's proposed solar farm is an important part of meeting our environmental policy goals in a smart, cost-effective, and strategic manner. I apologize for being unable to provide these comments in person tonight. I am available in the future, however, to answer any follow-up questions and willing to work with local leaders to secure a safe, reliable, affordable, and clean energy future. Respectfully, Jay William Andrew, PE. City Clerk Bennett read the following letter to the record:

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 25 March 28, 2023, Mayor and Honorable Council members, I am sorry that I cannot be at the public hearing on April 10th, but I will be out of town. I want to urge City Council to support the comprehensive plan amendment file MI2301 by Calpine Holdings, LLC to allow the potential annexation of lands adjacent to the Garrison Oak Business and Technology Center to develop a 25 MW solar array. I read all the related documents. The Planning Commission has put the city council in a difficult position. They shirked under public pressure from people who live outside the city their responsibility to consider their priorities, goals, and recommendation of the comprehensive plan. The Planning Commission completely ignored the city planning staff and the Delaware Preliminary Land Use Services Plus Committee. Both of these supported the application as being compliant with city and stake goals. The Delaware Emergency Management Agency specifically called out its support for renewable energy because it's an important strategy in fighting the negative impacts of climate change on our coast. The Planning Commission decided that agricultural land preservation is Dover's highest priority, completely ignoring the actual priorities, goals, and recommendations of the comprehensive plan. The plan was developed with extensive input from the people of Dover. Its priorities, goals, and recommendations are the will of the people of Dover. Agricultural Land preservation is scarcely mentioned. By ignoring the plan goals and recommendations they ignored the people of Dover. The state of Delaware does not need Dover's help in preserving farmland. They're doing a great job on their own. According to the 2021 press release from the Delaware Department of Agriculture, there are 147,000 permanently preserved farmland acres in Delaware. The American Farmland Trust scored Delaware as number two in the nation for its strong agricultural land preservation policies. I strongly urge the city council to reverse the recommendation of the planning commission and do what the city council has always done. First, consider the comprehensive plan and your planning staff recommendation. Calpine in its application has shown numerous ways in which its application is supported by the comprehensive plan. The city council has a long history of prudently annexing the farmland to benefit the city and its economy. Without annexed farmland, Dover would not be what it is today. It would be the size of Smyrna or smaller. Third, Dover has a long history of supporting sustainable planning and renewable energy. Sustainability, including supporting renewable energy, is heavily reflected in the comprehensive plan. Dover Electric's 2023 integrated research plan calls for adding even more solar, solar purchase power agreements in the future. I urge you to do what City Council has always done. Support the priorities of the comprehensive plan, expand the city boundary in favor of economic development, and support renewable energy for a better planet. Sincerely, Anthony J DePrima Kevin Goldsborough, 668 Lighthouse Roads, Smyrna, Delaware, 19977 stated that there is just one point that he very much wanted to get across is something that he has been passing around since last year, a petition of people in the area not wanting these kinds of projects. He tells them that he represents their signatures and is prepared to bring them to a setting like this. Mark Dunkle stated that he wanted to address this lawyer’s precedent reign of litigation terror that was mentioned tonight. It is not going to happen. The only place in Kent County that is next to an existing energy center is Garrison Oak and Harmon Farm. There is already a power plant

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 26 and there is already a solar field. All good logical land use planning would say, "This is a good place for a solar farm. Out in Kitts Hummock or Port Mahon, he knows a lot of folks that love to fish, hunt, and everything, there are not any power centers or power plants. Those litigations, even by the brightest attorney, are going to fall away. Number two, until May and then October of 2022, all the land east of Route One, that everyone talked about being zoned AC, was also legal to have this solar farm for all of those years as a conditional use. The third point is there has been some mention of a lawsuit and he just wants to be clear. There is a lawsuit. The lawsuit is not about their property or their solar farm. They are not part of any lawsuit. That is for a property that is north and west of here. It has nothing to do with their property. From a technical point, these solar panels are raised on pylons. A lot of the engineers do not agree that it is an impervious surface because the same rain comes down whether there are crops or pylons. It is going to go between them and go down to the ground. It is not like a parking lot; it is not a paved surface. It is not an impervious surface. Mr. Dunkle thinks that the real answer, they are getting ahead of themselves, those are the questions for the site plan. Where is the water going to go? Is there more water? Is it better if it was ditched or whatever? Mr. Dunkle noted that he does not want to get balled up in those details. They will have to carry their load at that point but as the president reminded everyone, this is step one of three steps. There is a lot of passion in the room. His wife says he is a pretty bland guy, and he thinks she is right. They are here resting on their facts and the goals of the comp plan and science. There being no one else present wishing to speak, Council President Sudler declared the public hearing closed. Responding to Mr. Sudler, City Manager Hugg stated that the city’s comp plan includes a section devoted to the agricultural section, the north section number. They have preserved farmland within the City of Dover. Particularly on the west side of the city, there is a piece of farmland. It is in agricultural preservation. Mr. Hugg stated that they also paid considerable due diligence to very active farm areas south of south and west of the city when they were developing their annexation plan. Responding to Council President Sudler, Ms. Gray stated that in the recommendations on the planning staff report, what planning staff looked at is that they analyzed the surrounding land uses, the proximity to city infrastructure, protection of natural resources, and economic development opportunities. Those are the factors that staff looked at in providing a positive recommendation regarding the comprehensive plan amendment. The Planning Commission's recommendations and reasoning were based on public testimony and that was their motion. Chris Cooper, 407 North State Street stated that he had thought about coming up and speaking as a resident this evening because he is here in two capacities. He sits on the planning commission, but he is also a resident of the City of Dover. His initial reaction to this was that he did not like the optics of the way Calpine seemed to be skirting New Castle or Kent County's ruling. Mr. Cooper did not think that was good. He thinks that we need to search for positive solar or look at solar over parking lots. DelTech has solar that makes covered parking all over their parking lot. Mr. Cooper thinks that farm fields need to stay farm fields. He thinks it is farmland that is functional. It produces crops, and it has wildlife. He believes that is what it should stay. Mr. Cooper explained that he voted against it for multiple reasons. The motion was what it was, and it fit his agenda so to speak he guesses. It fits his liking, so he did not feel the need to comment

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 27 any further. Mr. Cooper thinks that they need to look at solar in other ways, not just taking up farmland. Madam Clerk Bennett read the Planning Commission’s motion from their minutes, “The planning commission moved by a vote of eight to zero to recommend denial of the proposed comprehensive plan amendments to amend MAP 13-1 potential in annexation areas to revise the annexation plan category of two properties and to amend of Map 13-2 potential land uses for annexation areas to identify the land use classification of two properties." Councilman Anderson stated that this is so unusual for him because he usually has an opinion on almost everything. After two hours of hearing testimony, he is still undecided. Mr. Anderson wanted to ask if they could go in the executive session for about five minutes to ask one simple question, is this unique enough legally, because of the fact this is by an energy park, it is property owned by the energy company? It is with the solar field. Is it unique enough to withstand the possibility of other challenges? That is the question he cannot ask their solicitor in a public meeting. So, he would move council into executive session to ask their solicitor. Mr. Anderson knows that it is not going to be a full opinion, but he would like to get their solicitor's feelings on that particular question. Responding to Councilman Hare, Council President Sudler stated that it is not annexation. It is a proposed amendment to the comprehensive plan. However, then the second step would be if they chose to be annexed into the city. Councilman Hare stated that looking at what has been said tonight, he has heard a lot of different things. The gentleman came up at the end and Mr. Hare agrees with him. They are all going to have to have electric cars in 10-12 years. That includes tractors too, he guesses. He does not know. There are different types of solar panels, and a lot of the solar panels can contain hazardous materials like lead and cadmium, ammonium, and ketmonium depending on what type they choose. It is electricity in the state that needs to grow and how is that going to happen? They cannot dictate the old Blue Hen Mall or the current mall to put solar panels in their parking lot. That is something that the property owners would have to do. The city cannot tell them to do it. Mr. Hare explained that if it is about changing the comprehensive plan so they can annex the property, he would be willing to change it so that they could annex them whether he is in favor of doing the project or not. If they annex the property into the city, well, there would be about 200 hundred acres of tax revenue coming into the city. Mr. Hare stated that if they do not approve the solar panel farm, then that would be a different yes or no vote, but if they are still going to get that money coming into the city whether it gets approved or not. So, to him, the first step is a no-brainer, approving it and getting it whether he supports the solar panels or not. Mr. Hare continues to state that they should bring them in, and take the money, and if they do not approve the solar panels, the city still gets the money. Councilman Boggerty stated that he was going back and forth between the comprehensive plan, specifically chapter five, where to some degree it encourages green energy growth, but they have to loosely interpret how that applies. His question specifically for this matter is, are they bifurcating the issue? Are they talking about annexation and then solar panel or is it under one umbrella?

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 28 Responding to Council Boggerty, Council President Sudler explained what they are doing at this present moment is that they are looking at taking two pieces of property and then bringing them into the city’s comprehensive planning stating that they may want to change the zoning. Responding to Council President Sudler, Ms. Gray stated that this is the first step in a potentially three-step process. The first step is the amendment to the comprehensive plan maps should this move forward. Then the second step would be an application for annexation and rezoning, which would be at the same time. Should that be approved then it would be an application for a site plan development for the solar farm. Responding to Councilman Boggerty, Ms. Gray stated that when it comes to the site development plan it would just be a planning commission review and approval. Responding to Council President Sudler, Solicitor Rodriguez stated that page 171 is the application, and that tells them what they need to know to decide tonight. The only thing he would add is 22 Delaware code, section 705 is referred to, and that might be his fault, but tonight they would vote strictly on the amendment to the comprehensive plan. They vote on that if they voted favorably for it, it would require a majority of those present and voting tonight and at council, which would be similar to passing an ordinance or anything else, which would be five votes to approve it, but page 171 is the application, strictly an amendment to the comprehensive plan. Responding to Council President Sudler, Solicitor Rodriguez stated that he thinks that he would have to do some research because that does not pertain to what is before them tonight. Council is not talking about annexation at this meeting. Mr. Rodriguez explained that if he understands what Council President Sudler is talking about if they annex it that they can then put a stipulation on it. Mr. Rodriguez does not think that they can do that. Councilman Anderson stated that he is looking at the comprehensive plan currently and as they voted on it says no. It says we want an annex to expand the park that is right there, number 51, page 12 of the comprehensive plan talks about taking into account flood plans, et cetera, and that is why they are talking about changing the comprehensive plan and amending it. So, when they make this amendment, they have to decide if this amendment is compelling, in the public interest, and if it is enough to make a major change to the comprehensive plan, which would be a major change. If they do that, then they need to consider why they are doing it and they need to consider what ramifications it would be. Mr. Anderson noted that he will be honest, he would like to get to a yes on this, but he is not there. That is why he wants to just get comfortable with that legal question because unless he is comfortable with it, then he cannot get to a yes. If that is whatever the will of the body is, then that is the will of the body. Council could have asked that question and had that answer in five minutes, far less time than they have spent deciding whether or not to do it but that is up to them. Councilman Hare stated that he would be inclined to vote yes to make a change to the comprehensive plan because it could be beneficial to the city moving forward, even if it is not with this application. Mr. Hare guesses that the changes that they could make could be beneficial in other areas. They are not passing anything or annexing anything tonight. So, he thinks by just doing this, then it opens up their options. If it comes back to them next time and they do not want to do it, then they do not have to annex it, but he thinks that just being allowed to make changes

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 29 to the comprehensive plan will give them some options moving forward. It is not annexing anything, and it is not doing anything tonight. It is just making that comprehensive plan available for the planning staff to make changes and bring them back to the council. Councilman Anderson stated that he would like to point out that if they do change the comprehensive plan and if it is approved by the state, then the next argument that is going to come back is they have to do this because it will then say in the city’s comprehensive plan that this is a priority annexation. If they do not, then they are going to sue the city and make the city annex the property. Mr. Anderson just wants to make everyone aware that this is where the decision is because once they say that they are not making this a level three annexation, they are going to make this a level two, which means a priority annexation. There is no logic to say that they are going to deny a priority annexation that they decided is a priority for their citizens. Mr. Anderson motioned to move into Executive Session, seconded by Mr. Neil, and carried by a unanimous roll call vote (Arndt absent). The Special Council Meeting recessed into Executive Session at 9:37 p.m. The Executive Session adjourned at 10:07 p.m. Councilman Neil stated that first off, Verona Woods is not in the city. That was a county decision to grant that. The second thing is that again to Councilman Anderson, the Kent County Conservation has maps. Mr. Neil stated that he sat through that because his community is just north, it borders Garrison track, and the water runs under it. They have to have drains that are in there to have their homes safe. Sometimes by those drains as the water is so great, some openings have come that their grandkids could fall in, and pets could fall in. They have had to call the city twice and the code inspectors to have them come out to regrade the land. So, grading that area would certainly be what they are talking about, the wetlands where this will be. Now he is all in favor of the way of life. Mr. Neil does not want it to disappear, and he does not want them to look for the next generation. They have to look out for them but approving this and approving these solar panels goes towards that because according to the United Nations recent report, they are in trouble. This plan is in trouble. These kids may not be able to live without oxygen masks or live in dome cities. So, it is shortsighted to just say that they have to continue this because this whole planet is in deep trouble. It is in deep, deep trouble. Mr. Neil noted that if he was going to replace his Model T, he would not go for an electric vehicle. He would go for hybrid simply because they do not know if they are going to have enough power in the light. So do not look in terms of the short-sighted areas. New Orleans is endangered once again because of the polar caps melting, it is going to melt, and it does melt. Mr. Neil saw that in Alaska when he visited in 1980 and then when he visited in the early part of 2020. So, it is melting, no question about it. So, when they say that they are interested in solar panels, it is something that is going to have to happen, and he would be in favor of this as they take a vote. 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.

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 30 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. Mr. Anderson motioned for approval of the consideration amendments to Map 13-1 and 13-2, potential annexation areas. The motion was seconded by Councilman Rocha and denied by a roll call vote of 2-4-1 abstention (Arndt absent). ADOPTION OF MINUTES-REGULAR COUNCIL MEETING OF MARCH 27, 2023 The Minutes of the Regular Council Meeting of March 27, 2023, were unanimously approved by motion of Mr. Anderson, seconded by Mr. Boggerty, and bore written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT – MARCH 28, 2023 The Council Committee of the Whole met on March 28, 2023, at 6:00 p.m. with Council President Sudler presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr. Neil, Dr. Pillsbury (via WebEx), and Mr. Rocha. Mayor Christiansen was absent. Civilian members present for their Committee meetings were Dr. Short (Safety Advisory and Transportation), Mr. Shevock (via WebEx), and Mr. Contant (via Webex) (Legislative, Finance, and Administration). Mr. Hosfelt (Safety Advisory and Transportation) was absent. ADOPTION OF AGENDA Mr. Neil moved for the adoption of the agenda, seconded by Mr. Anderson and unanimously carried. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with acting Chairman Sudler presiding. Adoption of Agenda Mr. Rocha moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. Request for Waivers – Appendix A – Subdivisions, Article VI – Subdivision – General Requirements and Design Standards, Section A – Streets, Section B – Sidewalks, and Section E – Lots (Plan for Lands of Wyoming LCC at Jefferson Terrace Extended as Ekaman Subdivision): Waiver to create an Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Lot); Waiver for Elimination of Sidewalk Requirement on Monroe Terrace for Residual Lot; and Waiver to allow Increased Percentage of Lots on Cul-de-Sac associated with the Conceptual Subdivision Plan to subdivide property consisting of 4.2311 acres into six (6) Lots. (Mary Ellen Gray, Planning and Community Development Director) Ms. Mary Ellen Gray, Planning and Community Development Director reviewed the background and analysis regarding the Request for Waivers for Jefferson Terrace regarding planning reference: SB-23-01.

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 31 The Planning Commission recommended approval of the Subdivision Waiver Requests for the following: to allow an Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Area Lot) and to allow an Increased Percentage of Lots on a Cul-de-Sac. The Planning Commission recommended the denial of the Waiver Request for the Elimination of the Sidewalk Requirement along the Public Right-of-Way Frontage of Monroe Terrace (Residual Lot). Responding to Mr. Rocha, Mr. Kyle Burchard, Mountain Consulting Project Engineer stated that he is unfamiliar with the 2015 plan and asked why it was not brought to the final stages. Mr. Burchard stated that he had spoken with Jason Lyon, Director of Water & Wastewater/Engineering Services, about what factors are affecting the drainage at this location. There is a combination of things, the existing facilities have silted in overtime upstream, thereby releasing an additional volume of water during storm events. Also, there may be some issues with the culvert that is leaving the Westview subdivision. Mr. Burchard stated that they are aware of trees that have fallen across the stream in previous weather events that may be obstructing some of the capacity of the channel. Mr. Burchard stated that the project will be put through a full review with the Kent Conservation District to assess the drainage to ensure compliance. Mr. Burchard explained that the flooding noted in the public comments at the Planning Commission was due to some of the deferred upstream maintenance and some obstruction of the stream channel. As this project moves forward those matters should be addressed by the city and the owner of the property in addition to toll stormwater management compliance with DNREC regulations. Responding to Mr. Rocha, Mr. Burchard stated that he believes there is a likelihood that the combination of maintenance attention to the existing infrastructure for drainage as well as the appropriate design and engineering of the drainage for the subdivision will yield improvements for the neighbors that are upstream. Responding to Mr. Rocha, Mr. Lyon stated that to the west of the potential property to be developed there is an area that is technically called a dry pond, that is holding some silt. The city owns that land and has the jurisdiction to fix the area that is not currently dry. Mr. Lyon stated that his team is working with Public Works to get that done. As for the culvert, Mr. Lyons’s team will have to do a little more investigation. The pond drains on a culvert under the road underneath Westview Terrace to the stream that cuts through the property. Responding to Mr. Rocha, Mr. Lyon stated that Kent Conservation District is the entity that reviews all stormwater construction and improvements in the city, and they would not let that happen. They look at the pre-development, how much water drops from the northern or highest elevation, where the raindrop would fall, and how long it takes to get out of that property. The difference between the pre- development versus the post-development cannot be any greater. That includes the quantity of water and the speed at which it releases. So, that is why there is a pond on the conceptual plan, to catch the water ahead of time before it hits the

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 32 stream, and it will manage the flow of that water to mimic what it was before the development. Responding to Mr. Rocha, Mr. Lyon stated that in his opinion it is going to make it acceptable for that development to come in with the improvements that are being talked about upstream and the potential of getting rid of the debris in the stream. Cleaning that up, allowing more of a channel for more water to access it, should improve the current situation. Mr. Neil stated that he lives on a piece of property that is surrounded by wetlands and it had to have a drainage ditch for it to be built on. When there is a problem they have to go to the city and ask if they can do something about it because the owner of the property is not doing something about it. Twice now there have been major changes to get swales and other things that are going into it. Mr. Neil stated that he asked former City of Dover Code Inspector Dave McGinnis, why? Mr. McGinnis stated, “What do you expect, you are on a swamp”. Mr. Neil stated that is anecdotal, but that is what he sees on this property. He has done more research, pulled this in, and brought maps in of the before and after just so he could have a full understanding that council will not be putting a group of people in a situation that is going to cause them to have concerns with the height of their house, and where it rains down, and that have you. Mr. Neil stated that he took lots of notes as he went through and is concerned that the stormwater management area would have a residential frontage. If it says residential, could they put a house on it at a later date? Mr. Neil stated he believes there are a lot of things that have to be done before it goes back to the Planning Commission to make sure the city is not putting these people in a difficult situation with the water. Mr. Neil stated that Kent Conservation District noted that the stormwater management facilities are problematic and unacceptable when located within easements of residential lots. Are they there? Is it problematic? Mr. Neil stated he is an advocate for housing in the city. Council has to be extremely careful how this is handled because if it comes back and it does not look good, his vote will be no, no matter what the Planning Commission says about it. They do not know how many safeguards can be placed against Mother Nature, and this is dealing with Mother Nature with the water. Even when they plan for heavy rains, unexpected rain can do things. Mr. Neil stated that they are going to have to take a close look at how they are planning this, council cannot give away waivers and put people in jeopardy when they buy their homes. Responding to Mr. Sudler, Ms. Gray stated no, this will not come back to council or committee once it has this approval and approval from the Planning Commission.

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 33 Ms. Arndt stated that she would like to go through each of the waivers and provide her thoughts on which way her vote is leaning. For the first waiver, alternative lot configuration and reduced frontage on a public street. That one lot with the alternative configuration and public frontage is just for stormwater management, there is not going to be a house on that lot. So, she does not see any issue with that waiver in terms of the alternative lot configuration and the reduced frontage on that street. For the second waiver, the elimination of a sidewalk requirement, she would not be in favor of that because the policies and practices are to improve walkability, and a sidewalk waiver would be counterintuitive to that policy and practice. For the third waiver, to allow an increased percentage of lots on a cul-de-sac associated with the concept of a subdivision plan she would also not be in favor. The code is pretty strong on the emphasis of not encouraging dead-end streets. The city code says, “In no instance shall more than 20% of the lots in a proposed subdivision be on a cul-de-sac”. All of the lots in the proposal are on a cul-de-sac so, for that reason, she would not be in favor of that waiver either. Responding to Mr. Sudler, Ms. Arndt stated that it is within the municipal code, Appendix A – Land Subdivision Regulations, Article 6 – Streets, Item 15. Mr. Hare stated he heard there were going to be four houses but now he is seeing two other lots that are under a different LLC. Responding to Mr. Boggerty, Ms. Arndt stated that council should be voting on each of the waivers individually to avoid any confusion as to whether or not council is approving one, two, or three. Ms. Arndt moved to recommend approving the waiver to create an alternative lot configuration and reduce frontage on a public street for the stormwater management lot based upon the condition of it permanently remaining a stormwater management law. The motion was seconded by Mr. Anderson and carried with Mr. Neil voting no. By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation seconded by Mr. Boggerty and carried by a unanimous roll call vote. Responding to Mr. Hare, Ms. Gray stated that the proposal is for a six-lot subdivision, four buildable lots, one lot for stormwater, and one residual lot. Responding to Mr. Hare, Ms. Gray stated that the lots do not have any frontage, or any access to it, as far as she can see on the plan. Ms. Gray stated she does not see how it could be a buildable lot if there is no access to it. Ms. Arndt moved to recommend approving the waiver for the elimination of sidewalk requirements on Monroe Terrace for the residual lot as recommended by staff. The motion was seconded by Mr. Anderson and denied by a roll call vote of 0-8.

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 34 By consent agenda, Mr. Anderson moved for denial of the Committee’s recommendation seconded by Mr. Boggerty and carried by a unanimous roll call vote. Ms. Arndt moved to recommend approving the waiver to allow an increased percentage of lots on the cul-de-sac associated with the conceptual subdivision, as recommended by staff. The motion was seconded by Mr. Anderson and denied by a roll call vote of 0-8. (Mr. Boggerty left at 7:20 p.m.) By consent agenda, Mr. Anderson moved for denial of the Committee’s recommendation seconded by Mr. Boggerty and carried by a unanimous roll call vote. Review of the First Steps of the Loockerman Street Changes (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the Review of the First Steps of the Loockerman Street Changes. Responding to Mr. Rocha, Mr. Lyon stated that the large stormwater sewer has been separated. It was originally intended as combined, so it is very large. A standard sewer is a minimum size of eight inches in diameter, sometimes fifteen or twenty-four inches, however, Loockerman Street’s is larger than that. The storm sewer is in the street already so the pipe that is there does not have the same amount of capacity as it did when it was first constructed. Responding to Mr. Rocha, Mr. Lyon stated that his recommendation in the cost that was provided to the team was to realign the pipe, this is done without digging up the pipe. There are several ways to do this, it can be done with steam curing or ultraviolet curing. This increases the structural integrity of the pipe as well as eliminates any infiltration or inflow that goes in. If a cracked pipe were to happen and groundwater could seep in, that would eliminate that. Responding to Mr. Rocha, Mr. Lyon stated that currently wastewater from all of the local businesses is collected. Mr. Neil stated that he remembers in discussions that the city has had some trouble getting water from one side of Loockerman to the other side for things. Mr. Neil stated he presumes the wisest thing to do is whatever council can do, and whatever funding has to be found to do this must be done as quickly as possible. If the city is going to develop it, they better have everything in place. Mr. Anderson stated that he agrees with Mr. Neil. Mr. Anderson also stated that there will be some economic dislocation to the businesses there when this project starts. If the city is requesting a $3.5 million bond bill, it is probably just as easy to put in a $3.65 million request for economic dislocation. The Downtown Dover Partnership could administer the grants so that the city would not have to. Mr. Anderson stated that is something to think about so that the city does not lose any of the existing businesses while trying to bring in new residents and businesses.

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 35 Responding to Mr. Anderson, Jason Lyon stated that yes, he would imagine so. Mr. Lyon stated that he would like to envision this to be very much a staged, phased approach, block at a time, systematically going through it. They would always have to have a pedestrian detour, which is going to be a state-owned road, which is going to require that from DNREC. All these things have to be logistically figured out and if he could step back a moment to Councilman Neil's point about, getting everything ready. Mr. Lyon stated that the other thing that they have to start considering is future regulations. He means potentially the requirement of fire sprinkler systems. So, the city needs to make sure when they install this water line, they need to consider that as well. To make that available so they do not have to dig the road up again. So those are really good points and he had not considered the economic portion of that. He knew it would disrupt them, but he did not consider funding. Committee action was not required. Follow up on the Capital School District Safety Concerns in the Hispanic Community (Council President Sudler) Council President Sudler reviewed the status of the Capital School District Safety Concerns in the Hispanic Community. Council President Sudler stated that The Capital School District did an excellent job of taking care of the concerns, and they have plans moving forward. Committee action was not required. Mr. Sudler moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 7:45 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. Creation of an Economic and Community Development Fund (David Hugg, City Manager) Mr. David Hugg, City Manager, reviewed the background and analysis regarding the Creation of an Economic and Community Development Fund. Committee action was not required. Responding to Mr. Contant, Mr. Hugg stated that there are about 110 acres in ten lots. The majority are about ten acres a piece. The asking price is approximately $45,000 to $50,000 an acre. There are about six or seven under some kind of

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 36 contract arrangement. So about $40,000 an acre times a hundred and some acres, so about $4 million. Mr. Hugg stated that he thinks that in his discussions with the committee chair, their first focus was to if he can use the word preserve, but to direct the proceeds from those sales so that we have an opportunity to continue to grow the business opportunities and community opportunities in the city. Responding to Mr. Contant, Mr. Hugg stated that he is suggesting that this committee, the Legislative Financial Administration Committee, be the entity that makes decisions on how the funds get dispersed from the account. Responding to Mr. Anderson, Mr. Hugg stated that from there it would, as with all committee actions, go to council. Mr. Hugg continued to state that that is why the draft is a not-to-exceed amount or as directed by council. So, it was simply to get out a kind of placeholder for the amount of the fund. Committee action was not required. Update on the Movement of Conduit Bonds (David Hugg, City Manager) Mr. David Hugg, City Manager, reviewed the background and analysis regarding the Movement of Conduit Bonds. Mr. Hugg stated that he will share the information that was given to the council at a prior meeting as requested. Committee action was not required. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 8:03 p.m. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 8:04 p.m. By consent agenda, Mr. Anderson moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Boggerty and carried by a unanimous roll call vote. MONTHLY REPORTS - FEBRUARY 2023 By motion of Mr. Anderson, seconded by Mr. Boggerty, 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 CITY MANAGER’S ANNOUNCEMENTS Mr. Hugg did not have any announcements.

CITY COUNCIL MEETING OF APRIL 10, 2023 PAGE 37 MAYOR’S ANNOUNCEMENTS Mayor Christiansen was absent. COUNCIL MEMBERS' ANNOUNCEMENTS Council did not have any announcements. Mr. Sudler moved for adjournment of the Regular Council meeting, hearing no objection the meeting adjourned at 10:19 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of April 10, 2023, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB Exhibits Exhibit #1 - Resolution No. 2023-03 Exhibit #2 - Resolution No. 2023-04

EXHIBIT #1 Regular City Council Meeting of 04/10/2023

EXHIBIT #2 Regular City Council Meeting of 04/10/2023

EXHIBIT #2 Regular City Council Meeting of 04/10/2023