REGULAR COUNCIL

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on December 11, 2023, at 6:30 p.m., with Council President Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mrs. Arndt, and Mr. Lewis. Mr. Rocha and Mr. Sudler were absent. Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Mrs. Melson- Williams, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to the commencement of the Official Council Meeting. Council President Sudler declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. INVOCATION The invocation was given by Elder Ellis Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Boggerty ADOPTION OF AGENDA Mrs. Arndt moved for adoption of the agenda, seconded by Dr. Pillsbury, and unanimously carried. ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Neil moved for the adoption of the consent agenda, seconded by Mr. Boggerty, and carried out by a unanimous roll call vote. (Rocha, Sudler absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 13, 2023 The Minutes of the Regular Council Meeting of November 13, 2023, were unanimously approved by motion of Mr. Neil, seconded by Mr. Boggerty, and bore the written approval of Mayor Christiansen. (Rocha, Sudler absent). COUNCIL COMMITTEE OF THE WHOLE REPORT-NOVEMBER 14, 2023 The Council Committee of the Whole met on November 14, 2023, at 6:00 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Mr. Rocha, and Mr. Sudler. Dr. Pillsbury was absent. Mayor Christiansen was also present (left at 6:17 p.m.). Civilian members present for their Committee meetings were Ms. Smack (via WebEx) (Safety, Advisory, and Transportation), Mr. Shevock (via WebEx), and

CITY COUNCIL MEETING OF DECEMBER 11, 2023 PAGE 2 Ms. Smith (Legislative, Finance, and Administration). Dr. Short (Safety, Advisory, and Transportation) was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Lewis presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Authorization to Apply for a State of Delaware Office of Highway Safety Grant for Pole Mounted Solar Powered Speeding Signs for the Clearview Meadows Subdivision (Councilman Lewis, and Jason Lyon, Water/Wastewater Director) Sandra Caldwell, 318 Eisenhower Drive, Dover, stated that she has two grandchildren who attend Towne Point Elementary, and on several occasions, they have almost been struck by a vehicle trying to cross the road. Ms. Caldwell stated that cars fly through the school zone at 35 miles per hour, but that the speed limit is posted as 20 miles per hour. Ms. Caldwell would like to see another stop sign added at Bacon Avenue or a stop sign with flashing lights. Mr. Boggerty asked if it is possible to have someone coordinate with Dr. Cade to have another traffic guard added to the other end of the school zone. Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis of the State of Delaware Office of Highway Safety Grant for Pole Mounted Powered Speeding Signs. Staff recommended authorizing staff to apply for a grant for a State of Delaware Office of Highway Safety Grant for Pole Mounted Solar Powered Speeding Signs for the Clearview Meadows Subdivision, contingent on staff following the internal grant application procedure. Responding to Ms. Arndt, Mr. Lyon stated the 23 solar-powered feedback signs that the city currently has are permanently placed on poles, not the mobile feedback trailers. Mr. Lyon explained that the pole-mounted systems are in the $3,000 price range and do not collect real-time data. That set would cost more money and there would be a need for a software program to accept the data and manpower to digest it. Ms. Arndt stated that she would support applying for the grant. Ms. Arndt also recommended that staff investigate DelDOT’s Safe Routes to School program

CITY COUNCIL MEETING OF DECEMBER 11, 2023 PAGE 3 which assesses pedestrian and bicycle access, and they provide feedback on how to make the area safer for children. Responding to Mayor Christiansen, Mr. Lyon stated that he has not researched what the procedure is for getting speed cameras put in school zones, but he can investigate it. Responding to Mr. Sudler, Mr. Lyon stated that his interpretation of that code states that speed bumps or speed humps are not permissible. Mr. Lyon explained that he would have to read the code again to see if a bolted-down parking bumper would fit under the city’s ordinance. Mr. Lewis stated that one of the concerns with speed bumps in respect to emergency vehicles, was if there was someone with a spinal injury being transported by ambulance to the hospital and they went over a speed bump, it could cause further damage. Mr. Anderson stated that more research into speed bumps may need to be done to find out what the limits and the pros and cons are. Mr. Anderson stated that council never concluded one way or the other. Responding to Mr. Rocha, Mr. Lyon stated that each location has a specific set of variables that dictate how fast people are going, but they could coordinate with the police department to do a speed study before and after. Responding to Mr. Sudler, Mr. Lyon stated that when they coordinate with the police department a report is created that covers volume, max speed, average speed, and what percentage they would consider finable offenses. Things that are not taken into consideration are the safety aspects with proximity to the sidewalk or additional items in the right of way. Responding to Mr. Lewis, Mr. Lyon stated that currently there is $500 a year budgeted for eight replacement batteries. Mr. Lyon explained that they are solar- powered units, but they require a battery to convert and conduct the solar power to the device. Mr. Lyon stated that he could research the cost of maintenance, replacing batteries, and how often they need to be replaced and report back. Francine Brown, 3 Caldwell Court, Dover, stated that she lives in Clearview Meadow, and they currently have the mobile trailer signs which have been there for about a week. Ms. Brown stated that some cars have slowed down but there are still a few who blow past them. Ms. Brown explained that one of the current mobile trailers is placed too close to a stop sign on Nob Hill Road, so it is not effectively deterring speeders. Ms. Brown also stated that people are using Clearview Meadow to shorten their route from North Little Creek Road to South Little Creek Road. Ms. Brown expressed her concern that there needs to be more stop signs in Clearview Meadow as there have already been several accidents resulting from speeding. Mr. Lyon stated that Towne Point was evaluated by DelDOT about six years ago. The striping, crosswalk painting, and signage were all done. Mr. Lyon explained

CITY COUNCIL MEETING OF DECEMBER 11, 2023 PAGE 4 that the Safe Routes School does not consider the volume or speed of the vehicles, it evaluates if it is a safe trip for the children to get to school and accessible crosswalks. Responding to Mr. Lewis, Mr. Lyon said he could investigate if DelDOT has any of the signs that they could help the city with. Mr. Anderson recommended having the police department give Mr. Lyon a top ten list of neighborhoods that would benefit from the sign usage to determine how many should be requested. Responding to Mr. Lewis, Mr. Lyon stated that the grant is open-ended by way of the amount of money. Mr. Lyon explained that the grant depends on how much federal funds are put into it every year. Responding to Mr. Hare, Mr. Lyon stated that as far as he knows any speed calming devices are allowed under this grant. Mr. Boggerty moved to recommend accepting the staff recommendation to authorize staff to apply for a State of Delaware Office of Highway Safety Grant for Pole Mounted Solar-Powered Speeding Signs, to include any modifications that are allowed, or increases allowed, to include the ticket or speed monitoring systems, for the Clearview Meadow Subdivision, and any others that may fall in place, and also include working with Safe Routes for School and exploring the speed bump recommendation. The motion was seconded by Mr. Sudler and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote. (Rocha, Sudler absent). Mr. Anderson stated that according to studies there is an initial surge of attention during the first six months but then a diminishing return. Mr. Anderson explained that according to Science Direct, the long-term effect of the flashing lights is a 15 percent reduction. Mr. Anderson stated that a 15 percent reduction for something purchased with a grant, with minimal maintenance, is a worthy long-term solution. Mr. Anderson stated that research on speed cameras is needed in the future and that there needs to be a healthy discussion about what the limits are, why they are there, and what the intention is because there are some due process concerns as well as concern for the way the state law is currently written. Mr. Lewis moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 6:44 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding.

CITY COUNCIL MEETING OF DECEMBER 11, 2023 PAGE 5 Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. Annual Review of Investment Policy (Lori Peddicord, Controller/Treasurer) Ms. Lori Peddicord, Controller/Treasurer, reviewed the background and analysis regarding the Investment Policy. Staff recommended approval of the submitted changes. Responding to Ms. Arndt, Ms. Peddicord stated that in reviewing the state archives policy retention is listed as three years or a successful audit. Ms. Peddicord explained that there are monthly statements that are reconciled in-house, and that they are included in the annual comprehensive financial report. At this point, the auditor has reviewed the report, and no further action may be taken. Responding to Ms. Arndt, Ms. Peddicord stated that NRSRO stands for the Nationally Recognized Statistical Ratings Organization which is a credit rating agency that provides an assessment of the creditworthiness of a firm or financial instrument that is registered and approved by the SEC. Mr. Boggerty moved to recommend accepting the staff recommendation for approval of the submitted changes to the annual review of the investment policy. The motion was seconded by Ms. Arndt and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote. (Rocha, Sudler absent). Discussion of City Seal Uses and Restrictions (Councilman Lewis, and Jean Carver, Paralegal Schmittinger & Rodriguez) Mr. Lewis and Ms. Jean Carver, Paralegal for Schmittinger & Rodriguez, reviewed the background and analysis regarding the city seal uses and restrictions. Committee action not required. Responding to Mr. Boggerty, Ms. Carver stated that council would have to enforce who had the right to use the seal. Mr. Anderson stated that council would have to set the rules and one of them would have to be that any city official could utilize the seal to promote the city in city business. Mr. Anderson explained that registering the seal is step one and that step two would be to determine the rules for how the seal can be used. Responding to Mr. Sudler, Ms. Carver stated that in her research, she found that on the federal level, they will not grant the city a patent on the seal because it is a City of Dover seal. Ms. Carver explained that the seal can be registered with the State, and that it would allow council the ability to regulate who gets to use the seal.

CITY COUNCIL MEETING OF DECEMBER 11, 2023 PAGE 6 Responding to Mr. Neil, Ms. Carver stated that if the city or council permits the person to use the seal it can be used once it is registered with the State. Mr. Lewis stated that his concern with seal use has more to do with people out on the streets using the seal and putting it on the side of a truck, or even worse, an illegal substance. Mr. Lewis explained that it would be in the city’s best interest to have the seal protected. Albert Holmes, 724 South State Street, Dover, stated that he feels the seal should not be used for political purposes. Mr. Holmes explained that if someone has not served on council or had anything to do with the city, they should not be allowed to put the seal on their sign; it makes it look like the city is backing them. Mr. Holmes stated that once they are running for reelection as a councilperson, they have earned the ability to use the seal, but not just anyone from the public. Richard Senato, 152 Evergreen Drive, Dover, expressed his concerns regarding the last city election, where he saw a political sign of one of the candidates and it had a City of Dover seal on it. Mr. Senato stated that he did not feel that it was right because it could give them an advantage over anyone else. Mr. Senato explained that he contacted the City Solicitor, expressed his concerns and he felt that it should be investigated. Mr. Senato expressed that he does not think anyone running for election for city council should be allowed to use the city seal on their political signs. Mr. Senato stated that allowing council members running for reelection to use the seal on political signs would give them an advantage over anyone else, so no one should be allowed to use the seal. Mr. Neil moved to recommend moving towards service marking the city seal. The motion was seconded by Mr. Lewis and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote. (Rocha, Sudler absent). Responding to Mr. Anderson, Ms. Carver stated that the general mailing could just be an email. Council will just have to let people know that the seal is a registered service mark and that no one can use it without the permission of council or the City of Dover. Responding to Mr. Anderson, Ms. Carver stated that it could be a newsletter, an ad in the paper, or on a utility bill. Responding to Ms. Arndt, Ms. Carver stated that the cost is a one-time fee of $35.00. Mr. Sudler stated that moving forward and regarding the usage of the seal, he would like to see council extend the use to current council members and any council member that have served in the past.

CITY COUNCIL MEETING OF DECEMBER 11, 2023 PAGE 7 Mr. Anderson stated that any retired employees should share the same right. Responding to Ms. Smith, Ms. Carver stated that the seal would be registered as a service mark, not as a trademark. Ms. Carver explained that if the seal is used without permission, once registered a suit can be filed in chancery court, and the filing fee is around $250.00. Ms. Carver also stated that the materials could be confiscated, however, an ordinance would have to be put in place so that the police department could confiscate them. Ms. Carver explained that the only exception is a nonprofit. However, the city could request monetary damages from the nonprofit for using the seal without permission. Discussion and Review of Financial Disclosure Policy (Nick Rodriguez, City Solicitor) Mr. Nick Rodriguez, City Solicitor, reviewed the background and analysis regarding the Financial Disclosure Policy. Committee action not required. Mr. Boggerty recommended changing the pronoun from he throughout the document. Mr. Anderson stated that the presented ordinance reflects the intent of the ordinance and gives the public the transparency that they need without invading the privacy of the individuals. Mr. Anderson explained that it is not only councils’ privacy but that of the city employees as well. Mr. Anderson stated that if it were enforced it could potentially hurt retention and recruitment if people had to disclose their private information if they were to get promoted. Ms. Arndt moved to recommend approving the Finance Disclosure Policy with the suggested amendments. The motion was seconded by Mr. Boggerty and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote. (Rocha, Sudler absent). Responding to Mr. Rocha, Mr. Rodriguez stated that the form will need to be completed annually, by August first of each year. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 7:24 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 7:24 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Boggerty and carried by a unanimous roll call vote. (Rocha, Sudler absent).

CITY COUNCIL MEETING OF DECEMBER 11, 2023 PAGE 8 AWARD OF GARRISON OAK SUBSTATION SITE WORK Mr. Shawn Burgett, Electric Department Engineering Services and System Operations Superintendent gave an overview of the Garrison Oak Substation Site Work project. Mr. Neil moved to accept the staff recommendation to award the Garrison Oak Substation Site Work to AUI, Inc., seconded by Ms. Arndt and unanimously carried. (Rocha, Sudler absent). AWARD OF WOODCREST BORING Mr. Shawn Burgett, Electric Department Engineering Services and System Operations Superintendent gave an overview of the Woodcrest Boring project. Mr. Neil moved to accept the staff recommendation to award the Woodcrest Boring to Bay Line Construction, seconded by Ms. Arndt and unanimously carried. (Rocha, Sudler absent). MEMORANDUM OF UNDERSTAND (MOU) BETWEEN THE CITY OF DOVER AND ROBBINS HOSE COMPANY NO. 1 Ms. Lori Peddicord, Controller/Treasurer, briefed council on the Memorandum of Understanding between the City of Dover and the Robbins Hose Company No. 1. Mr. Boggerty moved to accept the staff recommendation to approve the Memorandum of Understanding (MOU) between the City of Dover and Robbins Hose Company No. 1. The motion was seconded by Mr. Neil and carried by unanimous roll call vote (Rocha, Sudler absent). FIRST READING OF PROPOSED ORDINANCE #2023-12 - REZONING REQUEST FOR PROPERTY LOCATED AT 1617 FORREST AVENUE A request was received to rezone property located at 1617 Forrest Avenue, consisting of 5.04+/- acres, owned by Draper Farm Properties. The property is currently zoned R-10 (One-Family Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone), and the proposed zoning is C-1A (Limited Commercial Zone), subject to COZ-1 (Corridor Overlay Zone). (Tax Parcel: ED- 05-076.08-01-40.01-000. Planning Reference: Z-23-02. Council District 1.) Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. Mr. Neil moved to refer the request to the Planning Commission for a public hearing on January 16, 2024, and to set a public hearing before City Council on February 12, 2024, at 6:30 p.m. The motion was seconded by Mr. Rocha and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of Proposed Ordinance #2023-12 as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED AT 1617 FORREST AVENUE

CITY COUNCIL MEETING OF DECEMBER 11, 2023 PAGE 9 FIRST READING OF PROPOSED ORDINANCE #2023-13 - REZONING REQUEST FOR PROPERTY LOCATED AT 55 LOOCKERMAN PLAZA A request was received to rezone properties located at 55 Loockerman Plaza, consisting of 1.27+/- acres, owned by the City of Dover, DE. The property is currently zoned IO (Institutional and Office Zone), subject to the SWPOZ (Source Water Protection Overlay Zone), and subject to the H (Historic District Zone), the proposed zoning is C-2 (Central Commercial Zone), subject to the SWPOZ (Source Water Protection Overlay Zone), and H (Historic District Zone). (Tax Parcel: ED-05-077.05-04-53.00-000. Planning Reference: Z-24-01. Council District 4.) Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. Mr. Neil moved to refer the request to the Planning Commission for a public hearing on January 16, 2024, and to set a public hearing before City Council on February 12, 2024, at 6:30 p.m. The motion was seconded by Dr. Pillsbury and unanimously carried. (Rocha, Sudler absent). In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of Proposed Ordinance #2023-13 as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED AT 55 LOOCKERMAN PLAZA CITY MANAGER'S ANNOUNCEMENTS City Manager David S. Hugg reminded everyone of the annual holiday luncheon that will take place Tuesday and Wednesday from 11:00 a.m.- 1:30 p.m. MAYOR’S ANNOUNCEMENTS Mayor Christiansen had no announcements. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Hare announced that there were two members of council with upcoming birthdays. Mr. Lewis on December 23rd and Mr. Rocha on December 25th. ADJOURNMENT Mr. Hare moved for adjournment of the Regular Council meeting, hearing no objection, the meeting adjourned at 6:47 p.m. ANDRIA L. BENNETT CITY CLERK

CITY COUNCIL MEETING OF DECEMBER 11, 2023 PAGE 10 All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of December 11, 2023, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB