Regular Council Minutes and Exhibits 1-2

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on January 8, 2024, at 6:30 p.m. with Council President Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, Councilman Sudler, and Mr. Lewis. Staff members present were Police Chief Johnson, Mr. Hugg, Mrs. Melson-Williams, Mr. Rodriguez, and Ms. Bennett. Chief Carey was absent. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to commencement of the Official Council Meeting. Council President Hare 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 B. Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Neil. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Councilman Sudler, 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 requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Councilman Sudler moved for adoption of the consent agenda, seconded by Mr. Neil, and carried by a unanimous roll call vote. PUBLIC HEARING – APPEAL OF DENIAL OF UTILITIES, SERVICES, OR APPROVALS – 34 NEW STREET – DOUBLE JR, LLC, AND JILL SUSSMAN Mr. David S. Hugg, III, City Manager, briefed members on the specifics of the appeal as it relates to the application of the Clean Hands Ordinance and as it relates to the amounts owed to the city by individuals, landlords, and property owners. Mr. Hugg explained that the issue at hand is that the various kinds of violations, late fees of non-utility payments, et cetera, have been in dispute for some time. Mr. Hugg explained further that the city has attempted to provide Ms. Sussman with the records she has requested that indicate the various actions related to enforcement and other charges. Mr. Hugg explained that there have been a couple of meetings with her and they have sat down with her to go through every case looking for areas where they

CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 2 can agree. There has been $12,000 in fees waived. Back in November, an extensive set of documents was provided to Ms. Sussman indicating what had been waived or dismissed. A payment plan was offered for the outstanding debts after the reduction of cost. Ms. Sussman was allowed to counteroffer, but she felt that the fees were unreasonable and not fair. Ms. Sussman indicated that there was an error on one of the dates, so the price was further adjusted. Mr. Hugg explained that they have exhausted the ability to try and work out a resolution. Documents were not provided to the attorney, but they were submitted to Ms. Sussman back in November. Mr. Hugg further explained that there is still an outstanding balance after all the adjustments, totaling the sum of $6,400 and it was not their responsibility to provide the documents to her attorney. Sean M. Lynn, Esquire, 308 South State Street, Dover, DE 19904, on behalf of Double JR, LLC, and Jill Sussman, reviewed a PowerPoint Presentation entitled Double JR, LLC Appeal to Dover City Council January 8, 2024 (Exhibit #1). Responding to Councilman Sudler, Mr. Lynn stated that he had not looked at the Black’s Law Dictionary and was unsure that there was a distinction made in the Black’s Law Dictionary. He stated that under the laws of statutory construction, if the code itself does not define it, you just look to the ordinary meaning of the work, and based on the reading, a fine is not a fee. Responding to Mr. Lynn, Mr. Neil stated that a deal of the century was made for Ms. Sussman having $12,000 wiped out and leaving $6,400 left to pay. Mr. Neil further stated that it was magnificent because there are visible things and things that are not quite as visible in terms of Ms. Sussman's ability to be a landlord and considering the benefit to the city of her services. Mr. Neil does not know if the city can afford to have her services in the city with the way she operates. Mr. Neil stated that he was shocked to go through 300 pages out of the 488 pages that were given to him from the packet. Mr. Neil stated that the documents he saw included the items that were sent directly to Ms. Sussman, such as the envelopes, and the letters of the timing, out of the 488 pages, those items that were specified were 396 pages and he went through every single page. Mr. Neil discussed that being in the third district, three of them were called to a house right next door to her property at 307 North Governor’s Avenue. Mr. Neil further discussed that he gets constant phone calls from the neighbors and that he, Councilwoman Arndt, and Councilman Boggerty have met with her neighbors about the problems and the videotapes of things that are being thrown to the dogs to drive them crazy that are caused by 307 North Governor’s Avenue. Mr. Neil stated that he requested to know the cost every time they had to go to 307 North Governors Avenue, what it cost, and the cost of constantly going back with problems in existence. Mr. Neil further asked what the cost was for the police to go over to 307 North Governor’s Avenue. There are problems, and they are her clients, and it’s not her problem. The overall problem denigrates the properties there and the laws that we have and the laws that were here before he took the seat, which are designed to protect everybody, including the people who live there. Mr. Neil stated that if Ms. Sussman does not want to take the deal, it may be time to move on. Mr. Neil stated that several people have stiffed the city by not paying for the utilities in other communities. Regarding the overall effect of what Ms. Sussman has done and what she hasn’t done, there are things that she should pay for because she was given enough notice. Mr. Neil stated that fines and fees must be paid.

CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 3 Responding to Mr. Lynn, Mr. Rocha stated that there are issues with the Clean Hands Ordinance that need to be resolved. Responding to Mr. Rocha, Mr. Lynn stated that the numbers came from where the city’s offer and his client’s offer were. This is an attempt to meet in the middle. Ms. Sussman explained that when she sat down with the city, they stated they would take off any fines or fees that came out after December 30th because that is when she moved. Ms. Sussman stated the two charges after December 30th were for $1,000 and $1,300. Ms. Sussman claims that the city ignored her when it came to Double JR, LLC when the fees and fines did not match the code violations. She stated that she did not ignore the city and that she had reached out to the city on numerous occasions by writing emails, and phone calls, and she heard nothing back. Ms. Sussman believes the amount of $2,400 is reasonable. Ms. Sussman stated that she had called the city twice to schedule and did not get scheduled in the allotted time. She stated she would accept the responsibility, and that she came up with the amount that she is offering to pay. Ms. Sussman explained that she has had a loss of rent, and she could not rent two units since the summer and believes the numbers she came up with make sense and are fair. Responding to Mr. Rocha, Mr. Lynn asked that he write the city specifically and asked for a complete list of the alleged fines and fees, Jill Sussman, Double JR, LLC, the city, and what the alleged basis for the city refusing to allow her tenants from turning on electric service. Mr. Lynn stated that he doesn’t understand why it is so hard to get this information or why he must ask multiple times. My. Lynn doesn’t understand why he is being ignored. There is a second hearing scheduled for Monday. Mr. Lynn wants a list of the fines and fees, where they go, and what they are associated with so that he can better understand the analysis himself. Exhibit A shows what documents Mr. Lynn has received (Exhibit #2). Mr. Lynn doesn’t think anyone in the room can go through Exhibits A through C and say here is what you did wrong and here’s the fine. The documents were never provided. Mr. Lynn believes these documents do not exist or cannot be explained. Mr. Lynn stated that the accounting system and record keeping are problematic at best. The documents that were provided to Mr. Lynn do not list the underlying basis for the amounts owed. Eddie Kopp, Chief Code Enforcement Officer, briefed council on the specifics of the fines for Double JR, LLC, and for Ms. Sussman. For Double JR, LLC, the fees combined are for several properties which include 34 North New Street, 34 New North New Street, Apartment #1 34 North New Street, Apartment #3, 307 North Governor's Avenue, 307 North Governor's Avenue, A, 307 North Governor's Avenue B, 428 South Governor's Avenue, and 428 South Governor's Avenue, B. Mr. Kopp stated that everything was consolidated to one number and the original amount with the doubling was $16,800. Mr. Kopp explained that $12,000 was waived and more was waived after the first meeting. The personal property on Troon Road is separate from LLC, and the total amount doubled was $5,500. Responding to Mr. Kopp, Mr. Rocha asked that the $16,000 be applied, the fines were applied to the LLC, and then there is an additional $5,000 on top of that for Ms. Sussman. Responding to Mr. Rocha, Mr. Kopp stated that this is correct, this is the original amount.

CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 4 Responding to Mr. Rocha, Mr. Kopp stated that the LLC is one entity, and the personal property is another entity, and in relation to the LLC, it was $16,000. Responding to Mr. Rocha, Mr. Kopp stated that it is all combined and that he is trying to separate it into two separate entities because the city cannot hold personal property accountable for the LLC. In reference to the LLC alone, it is $16,800 which is separate from the pod at Troon Road. Mr. Boggerty stated that he is frustrated because there have been other constituents that we have not bent over for and to him, their arguments were a little bit stronger than Ms. Sussmans. It is not to debate some of the modifications and ordinances that need to be visited, but he can think of a one-off hand. Mr. Boggerty explained that for years, people fought to get their property rented and leased with code enforcement, and we did not bend. He believes there are still some that may be on a payment plan. Mr. Boggerty stated that if his electricity is late, he gets an email. He doesn’t get to say he is a councilman or that he is too busy or has kids. Mr. Boggerty further stated that he had raised his children and had to balance school and work, open his mail, pay his bills, pay his mortgage, and not get to make an excuse. When Mr. Boggerty was a landlord, he had to make sure the properties were kept up and provide a safe environment. This must be done fairly, and everybody needs to be treated the same, and for that reason, Mr. Boggerty doesn’t think the other individual was given this much grace, this much latitude, this much bending, this huge reduction. If someone reduced $12,000 from his bill, he would write the check and make a payment plan. Responding to Mr. Boggerty, Ms. Sussman stated that a lot of them were wrong. Responding to Mr. Kopp, Mr. Boggerty asked if these were wrong. Responding to Mr. Boggerty, Mr. Koop stated that there were some inaccuracies. Responding to Mr. Kopp, Mr. Boggerty asked were the inaccuracies corrected. Responding to Mr. Boggerty, Mr. Koop that these were addressed. Responding to Mr. Kopp, Mr. Boggerty asked what the correct amount was outside of what was being reduced. Responding to Mr. Boggerty, Mr. Kopp stated that these were effective 12/28/2023 for Double JR, LLC, and the total balance is $4,400, and for the personal property on Troon Road, the balance is $2,000. Responding to Mr. Kopp, Mr. Boggerty stated roundabout $6,400 and that is what he will stand on. Responding to Mr. Kopp, Mr. Hare asked that the initial amount for both was $21,000 and that Mr. Kopp adjusted it to $6,400.

CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 5 Mr. Kopp further stated that to further clarify the code, since it was brought into question the code states, that we must send all communication for violations or citations via first class mail or certified mail, or physically post on the property. Currently, no provision and code allow for electronic delivery. Responding to Mr. Boggerty, Mr. Lynn stated that the important point that they have not considered is that they are presuming that the fines are accurate. Mr. Lynn further stated that the city isn’t doing Ms. Sussman a favor or giving her a gratuity when they decrease the amount that she allegedly owes, they are saying that they concede to being wrong and that the records were wrong and therefore should have not been charged with this, to begin with. Mr. Lynn explained that he asked for the underlying basis of the fines and fees himself so that he could go through Appendix F of the city code and go line by line and make sure that these court- alleged violations, correspond with the actual statutory fine, but was never given that list. It’s confusing for Mr. Lynn to see that the individuals are looking at the lists that he hasn’t seen when he requested them. Mr. Lynn would be happy to perform an analysis and tell members what legitimate and illegitimate fines are if those documents were provided to him, but they were not. Mr. Lynn stated that he wanted to make sure council is aware that the code enforcement is engaged in fine doubling, so it isn’t what she owes. Not only did the fines double that she allegedly owed but has conceded to members just now that some of them were wrong. As Mr. Lynn stated before, the city isn’t doing Ms. Sussman any favors by writing off these amounts, they were wrong to begin with. Mr. Lynn then asked why these lists of fines and fees weren’t given to him so he could compare them to the code. They clearly exist. My client, Ms. Sussman, has an exhaustive list of things she was charged for that were wrong from inception. Ms. Sussman stated for 428 Governors there were fines attached and all the stuff has been taken care of. Ms. Sussman further stated that there was an inspection done in February and everything on the list I try to make the repairs in that timeframe. Sometimes a follow-up inspection was not done, and it slipped through the cracks, which was what happened on 34 North New Street. The most recent bill was $2,900. Back to 428 Governors, there were numerous fines and fees, and she stated that when the property was inspected back in February, all this was taken care of, and can provide receipts to prove this. The portion of the bill was not removed and when they adjourned the first meeting, they couldn’t explain where that money was and why that money was being charged. Mr. Kopp was in that meeting and whoever the inspector was at the time wasn’t in that meeting to speak. It was one of the reasons why they had to come back for a second meeting. When the second meeting happened, they just kind of through these numbers at her and they stated this is where we are at. Responding to Mr. Kopp and Mr. Hugg, Mr. Boggerty asked when they could provide a detailed breakdown of the actual document of what is owed. Responding to Mr. Boggerty, Ms. Marny stated that these documents were provided on November 14th.

CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 6 Ms. Sussman stated that she has four different sets of numbers, and the numbers Mr. Kopp gave was the sixth time she had heard a different amount. Responding to Mr. Lynn and Ms. Sussman, Mr. Boggerty asked are those the numbers right here and do they had that and had time to reconcile that. Responding to Mr. Boggerty, Mr. Lynn stated that those were not tendered to him by council. Responding to members, Mr. Boggerty asked if it is possible to give these documents to them today. Responding to Mr. Boggerty, Ms. Sussman stated that they have these documents, but they say nothing. Ms. Sussman further stated that it’s imperative that they look at this, it says that the code enforcement fine was assessed on the charge date of 6/5/2023 for the amount assessed for $200. This doesn’t say what it is for, and she can’t look at the appendix to the city code and see if it’s the correct fine amount. Ms. Sussman stated that was an issue for her when the number that they came back to her with, that she already paid money on and paid a thousand dollars to get her electricity to be turned on. Responding to Ms. Sussman, Ms. Marney stated that has been applied. Ms. Sussman stated that they keep telling her that it has been applied but she does not know where because it doesn’t show anywhere where the money has gone. Mr. Boggerty stated that the reason he was running late was because he was meeting with a constituent and had a detailed breakdown of everything including pictures. Responding to Mr. Boggerty, Ms. Sussman stated that she does have those. Responding to Ms. Sussman, Mr. Boggerty asked does it marries this. Responding to Mr. Boggerty, Ms. Sussman stated that it doesn’t marry her because they have fines and fees that keep going on at Governors. Ms. Sussman stated that there was an inspection, and it should have been closed out. Mr. Boggerty asked what we need to do to reconcile this document. Mr. Boggerty asked if the document could be shown to council. Mr. Boggerty stated that it all looked the same except for having different numbers. Ms. Marney stated that the notices that went in the mail from Planning and Inspections coincide with the case numbers that are listed on those bills. Mr. Kopp stated that in the packet are the citations and letters that were sent out upon failure to pay for those citations, it’s then invoiced. Mr. Kopp further stated that what the members have is the invoice for the bill and that we don’t resend out citations. This is because some of these cases can be 10 to 20 pages.

CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 7 Responding to Mr. Kopp, Mr. Boggerty asked because of the litigation, can we make a one-time exception until we can revisit the policy to take the invoice and staple it to the appropriate document. Responding to Mr. Boggerty, Mr. Kopp stated that all the documents were in the packet and that every letter and citation that was issued in reference to any of the properties in question were included. Mr. Kopp further stated that all the case files were pulled for everything that was cited. Responding to Mr. Kopp, Mr. Boggerty stated that he believed that Mr. Kopp did what he was supposed to do. Mr. Boggerty asked the city manager, council, and others until we can revisit the term fines and fees and the Clean Hands Act because there is some work to do. Mr. Boggerty further asked if it would be difficult to marry them on this one matter. Responding to Mr. Boggerty, Mr. Koop stated that would be easy to do. Responding to Mr. Kopp, Mr. Boggerty asked if they could staple the $2,700 to have something to associate this with. Responding to Mr. Kopp, Councilman Sudler asked that with the consolidation of the effective conditions with the cost, could they provide what was doubled and the time frame. Councilman Sudler explained that he is hearing from both sides and what he is hearing is that there were some citations or ordinances that would be doubled. Councilman Sudler further asked if Mr. Kopp could add that so they could have the amount before it was doubled. Responding to Councilman Sudler, Mr. Kopp stated all that information was provided on a spreadsheet and all doubling for both properties and all properties associated has been removed. Mr. Kopp stated for clarification by code, the current ordinance that any citation issued any fee or fine, the fee automatically doubles in 14 days and that it is repeated over 50 times in the code, it’s extensive. Mr. Kopp further stated that this isn’t code enforcement and that it is an automatic doubling of fines. All the doubling fines for Double JR, LLC, and Ms. Sussman's personal property have been removed, and there is no current doubling of any fee. Mr. Hare stated that we know what’s going on and that they will put those together and get them back. Mr. Hare explained that he isn’t a fan of bringing this all back, but if all the records appear and show that we are moving to doubling it does state in the fines if it is not paid by a certain time. Mr. Hare further explained that we granted what was taken away and it comes to $6,400. Mr. Hare further explained that would be the number that he thinks the city would settle for and if Ms. Sussman doesn’t agree to that, then we can take all the paperwork and put it together, and let the courts deal with it and file whatever paperwork that needs to be filed. If it needs to go as liens against property then we will just do it that way. Mr. Hare stated that we have talked about this enough and if Ms. Sussman is willing to settle, Mr. Hugg would be willing to settle for the $6,400, and if she doesn’t, let the courts deal with it.

CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 8 Mr. Neil moved that the subject of the amount that is owed by Double JR, LLC, and Jill Sussman be tabled and brought back to the council following another set of meetings to handle the accounts. The motion was seconded by Councilman Sudler and unanimously carried. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 11, 2023 The Minutes of the Regular Council Meeting of December 11, 2023, were unanimously approved by motion of Mr. Sudler, seconded by Mr. Neil, and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT – DECEMBER 12, 2023 The Council Committee of the Whole met on December 12, 2023, at 6:00 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, and Mr. Rocha. Ms. Arndt and Mr. Sudler were absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Tholstrup, and Mr. Lewis (Parks, Recreation, and Community Enhancement), Dr. Jackson-Short (Safety, Advisory, and Transportation), Mr. Shevock (via WebEx), and Ms. Smith (Legislative, Finance, and Administration). Ms. Smack (Safety, Advisory, and Transportation) was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Council President Hare presiding in the absence of a chair. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. Review of Active Recreation Area Plan – Walker Road Apartments at Guinn Property on Walker Road (Property of 6.83 acres +/- located on the north side of Walker Road and west of Independence Boulevard. Planning Reference: Site Plan S-23-22) (Dawn Melson-Williams, Principal Planner) Ms. Dawn Melson-Williams, Principal Planner, reviewed the background and analysis regarding the active recreation plan for the Walker Road Apartments on Walker Road.

CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 9 Staff recommended approval of the active recreation area plan with the comments and conditions provided. Mr. Neil moved to recommend approval of the staff recommendation. The motion was seconded by Mr. Michael Lewis and unanimously carried. By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. Responding to Mr. Tholstrup, Ms. Melson-Williams stated that there is access to the adjourning neighborhood by what is proposed as the sidewalk system, and then walking the sidewalk network that is on Walker Road. The neighborhood that is to the west is the Village at McKee Branch, which is a separate townhouse- style neighborhood. Ms. Melson-Williams stated that Mr. Tholstrup is correct, and that the general area does include some playground equipment. Ms. Melson- Williams explained that she is unsure of the ability to formally utilize the equipment, but the developer could explore that option. Ms. Melson-Williams stated that if the developer believed their tenants would benefit from some type of play structure, they could consider it in their plans. Silver Lake Dam – Annual Inspection Review (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis of the Silver Lake Dam Annual Inspection. Staff recommended accepting the Silver Lake Dam 2023 Safety Inspection Report and the FY2024 Silver Lake Dam Inspection Updated Memorandum. Mr. Hare congratulated Mr. Lyon and his team for bringing their action items down from 51 to 28. Mr. Neil moved to recommend approval of the staff recommendation. The motion was seconded by Mr. Rocha and unanimously carried. By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. Mayor and Council Reports Council President Hare No report was given. First District Dr. Pillsbury had no report to give.

CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 10 Mr. Rocha wished a Merry Christmas, Happy Holidays, Happy Kwanzaa, and Happy Hanukkah to everyone. Second District Mr. Lewis stated that he is addressing many speeding issues in the second district. Third District Mr. Neil stated that he survived his 90th birthday, and that he and Ms. Arndt sent out a series of alerts to the homeowner’s association leaders, and the civic leaders to make sure they were informed. Mr. Neil stated that one of the items that affected the Third District was the Gift of Lights, which they informed them that it was coming and what to expect. Also, Mr. Neil stated that Kent County issued their assessments, which caused a great deal of confusion. Mr. Neil stated that an alert was sent out to those leaders based on what is happening with the assessments so that if problems come to them, they know where to go or who to direct questions to. Mr. Neil stated that there was a series of warnings known as “Know Before”, to alert every one of the phishing efforts for information by cyber criminals which he felt is extremely pertinent because of the time of year. Ms. Arndt was absent, and no report was given. Fourth District Mr. Anderson stated that the residents of Lincoln Park have expressed concerns about speeding and trash, specifically on Reese Street. Woodcrest has also brought forward some speeding issues. The Woodcrest Development is currently trying to deal with the Capital School District because there have been issues with vandalism through the connection path to the middle school, which is a significant concern for them. Mr. Anderson stated that he would be doing a walkthrough with residents in MillCreek regarding a sinkhole and several other issues. Mr. Anderson thanked Ms. Duca for researching what is covered by the city, the state, and possibly the homeowner’s association. Finally, Mr. Anderson stated that there have been some safety concerns brought forward by the Hamlet. Mr. Sudler was absent, and no report was given. At-Large Mr. Boggerty stated that he has been working with individuals who want to start a Civil Air Patrol program within the city. Mr. Boggerty stated that they have picked out a location, the old VFW off of Walker Road. Mr. Boggerty explained that the Civil Air Patrol offers great services and opportunities for young people. Mr. Boggerty stated that Unity Day will be held on June 29, 2024, and Happy Holidays. Mayor Christiansen Mayor Christiansen stated that there will be a town hall meeting for Woodcrest, Northwest Dover Heights, Fairview, Old Dover, and the Hamlet for the discussion

CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 11 of the demolition of the McKee-run Power Plant. Mayor Christiansen stated that there have been quite a few residents who have been concerned with the demolition. The location of the town hall will be announced soon. Mr. Hare moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, hearing no objection the meeting adjourned at 6:17 p.m. 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. Prioritization of City Dover State Capital Transportation Program (CTP) Projects (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the City of Dover State Capital Transportation Program (CTP) Projects. Staff recommended approval of the 2024 transportation priorities. Responding to Mr. Rocha, Mr. Hugg stated that all of the various projects from all of the sources go into the capital list that the state prepares. The projects then go through a rating system that looks at safety, traffic volume, capacity, and a variety of other things. A score is assigned and then a comprehensive list state-wide of all the projects by priority will be provided. Mr. Hugg explained that the list is not necessarily the order that which they will be funded. Responding to Mr. Rocha, Mr. Hugg stated that The Capital Transportation Project has a matrix that includes when it is scheduled for planning, right-of-way, construction, and completion. Responding to Mr. Rocha, Mayor Christiansen stated that the report should be back in the spring at the latest. Responding to Mr. Anderson, Mr. Hugg stated that the focus is on the current freight routes throughout the city and the likelihood of getting the Capital Gateway funded is very low. Mr. Hugg explained that he is using it as a placeholder in case there are changes to the economic conditions. Mr. Neil moved to recommend approval of the staff recommendation. The motion was seconded by Mr. Rocha and unanimously carried.

CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 12 By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. Request for Waiver – Appendix A – Subdivisions, Article VI – Subdivision – General Requirements and Design Standards, Section A – Streets: Subdivision Waiver of Requirement for Two Connections to Public Street as associated with Site Plan for Windward Ridge Apartments. (Property Owners: George L. Craig and Deborah J. Craig; Robert G. Keller and Gloria K. Keller; and Bruce A. Burkett. Equitable Owner: Jack Lingo Asset Management, LLC. Property Addresses: 57 Rocky Road, 4085 West Denneys Road, and unaddressed parcel on West Denneys Road. Tax Parcels: ED-05- 056.00-01-02.00-000, ED-05-056.00-01-03.00-000, and ED-05-056.00-01-04.00- 000. Planning Reference: S-23-19) (Dawn Melson-Williams, Principal Planner) Ms. Dawn Melson-Williams, Principal Planner, reviewed the background and analysis regarding the Request for Waiver for the Windward Ridge Apartments. The Planning Commission recommended the Site Development Plan Application S-23-19 was represented by the developer/equitable owner of Jack Lingo Asset Management LLC, the applicant’s engineering firm Morris & Ritchie Associates, Inc., the applicant’s traffic engineering firm The Traffic Group, and their attorney from Saul Ewing. A Public Hearing was conducted on October 16, 2023, where five members of the public spoke, and two written comments were received. The Planning Commission deferred action on the Site Plan seeking additional information. The Planning Commission received the additional information and continued the review on November 20, 2023, and then moved by vote of 5-4 to grant conditional approval of the Site Development Plan and including a recommendation of approval of the Subdivision Waiver allowing for one connection to the Public Street. Responding to Mr. Rocha, Ms. Melson-Williams stated that as a part of the development advisory committee process both the fire department and police department were alerted to the application. Ms. Melson-Williams explained that there were no specific comments from either agency. Ms. Melson-Williams stated that the Fire Marshal’s office also noted that the plan does meet the fire lane requirements. Responding to Mr. Rocha, Ms. Melson-Williams stated that when Carlisle Village was developed, there was no future interconnection planned, so there was only one access point. Ms. Melson-Willaims stated that the east side of the proposed apartment complex is fully developed with individual lots in the neighborhood. Responding to Mr. Rocha, Ms. Melson-Williams stated that there are properties between the boundary of the proposed complex and the adjacent road network. Ms. Melson-Williams explained that to the north and wrapping around to the west side, the area is impacted by wetlands and floodplains. Ms. Melson-Williams

CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 13 stated that the land would have to be acquired by purchase or easement to obtain access to cross the other properties and those lands are not in the City of Dover. Responding to Mr. Neil, Ms. Melson-Williams stated that the property falls within the CPCN, which is in the territory of Tidewater. Ms. Melson-Williams explained that there have been conversations between the city’s Water and Wastewater Department and Tidewater regarding the project, but Tidewater can service the area. Responding to Mr. Neil, Ms. Melson-Williams stated that when the Planning Commission grants conditional approval it means, under the condition of achieving all agency approvals. DelDOT, the Kent Conservation District, the city’s Water and Wastewater Department, and the Planning Office are the agencies approving the proposal. Ms. Melson-Williams explained that this is not the final step as they will have to work with the Kent Conservation District in designing their sediment and stormwater management plan. Ms. Melson-Williams also stated that there are limitations on the prohibition of wetland development in the city’s code to address some of Mr. Neil’s concerns. Ms. Melson-Williams explained that the design may look slightly different than presented once they obtain their detailed stormwater plan. Responding to Mr. Lewis, Ms. Melson-Williams stated that the vote from the Planning Commission was a five to four vote for approval of the plan. The Planning Commission heard testimony from several neighbors, however, their concerns focused on traffic in general and the current conditions of West Denney’s Road overall, which the developer cannot control. DelDOT will have improvement requirements near the frontage as a part of the entrance plan approval. Ms. Melson-Williams explained that some of the Planning Commission’s concerns were with the details of the entrance design and what improvements would need to be made. Ms. Melson-Williams stated that the property is zoned RM-2 so the property as an apartment complex cannot be denied, but there are provisions within the code that will guide how the development happens. Mr. Boggerty moved to recommend approval of the Planning Commission recommendation. The motion was seconded by Mr. Anderson and carried with Mr. Lewis voting no. Mr. Lewis moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 6:44 p.m. By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE

CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 14 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. Shevock and unanimously carried. Evaluation of Proposals – Water Street Flooding Improvements Design (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the Water Street Flooding Improvements Design. Staff recommended awarding the contract to Century Engineering, LLC for the engineering design of Water Street Flooding Improvements, RFP #24-0003WW, for $115,000. Responding to Mr. Lewis, Mr. Lyon stated that in the 1964 agreement with DelDOT, the city assumed all responsibility for the stormwater infrastructure within the right-of-way of the state. Mr. Lyon explained that DelDOT takes care of the asphalt from curb to curb, and anything under the ground is taken care of by the city. Mr. Rocha moved to recommend accepting the staff recommendation. The motion was seconded by Mr. Lewis and unanimously carried. By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. Civilian Pension Committee Report regarding COLA (Bob Gedney, General Employee Pension Chair) Mr. Bob Gedney, General Employee Pension Plan Board Chair, reviewed the background regarding the COLA request. Committee action not required. Mr. Bob Gedney read letters from pensioners in the General Employee Pension Plan in support of a COLA increase (Attachment #1). Mr. Anderson stated that the original agreement did not include a COLA with the city. In 2017 Mr. Neil made the motion to do a review every three years. Mr. Anderson explained that council will keep that promise but right now they are waiting on different reports from the actuary so that the costs can be considered in the budget conversations. Mr. Anderson stated that the increases may have to be made over a few years, but they will see what they can do.

CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 15 Responding to Mr. Gedney, Mr. Anderson stated that the criteria of the request had been changed and the report was delayed. Mr. Anderson explained that the plan would be to have the report before February while doing budget preparations. Responding to Mr. Gedney, Mr. Anderson stated that the Civilian Pension Board will be the first to see a copy of the report. Responding to Mr. Rocha, Mr. Anderson stated that the cost of living is important because there are people who have been receiving a pension of $400 a year for the last 20-plus years and have only received a two percent increase. Mr. Anderson stated that in his opinion out of human compassion and fairness council has the discretion to do more and it does not serve them to starve the retirees. Mr. Anderson explained that there must be a balance to the budget and when the time comes all the numbers will be looked at to balance all of the considerations. Ms. Christina Kober, a General Employee Pension Plan Board member, read letters from pensioners in the General Employee Pension Plan in support of a COLA increase (Attachment #2). Responding to Mr. Boggerty, Mr. Anderson stated that council has the authority to grant COLAs, however it is discretionary, not mandatory. Mr. Anderson explained that the ordinance could be changed in the future, but it is possible to lose budgetary discretion. Responding to Mr. Anderson, Mr. Hare stated that there should be something in place. Mr. Hare explained that whether it be what the state, social security, or what the non-union employees are given each year, there must be something put in place. Mr. Hare stated that by going with the state or social security the city would not have to worry about controlling the amount. Ms. Kober stated that the original police pension was the only contract that had a COLA written into it. Ms. Kober stated that the IBEW, ASME, and DOE do not have a COLA built into the original contract and she does not believe it was something done then. Ms. Kober explained that the pensioners would like to see a COLA be placed into the ordinance so that they are not forgotten every year and can feel valued. Ms. Kober stated that it could be what social security gives out or a flat percentage, but the pensioners feel out of sight, out of mind. Ms. Kober stated that the active employees get a three percent increase in their union contracts so the pensioners should as well. Mayor Christiansen stated that in all fairness to the city staff that has to put together the budget, he would like the General Employee Pension Plan Board to come back with a reasonable proposal in early January. Mayor Christiansen explained that they should come back with actual numbers, while still waiting for the actuary report, and create a proposed ordinance that dictates what unit of

CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 16 measurement will be considered, whether, it be federal standards, state, or social security, or a combination of all three. Elaner Brown, a City of Dover Retiree, stated that she began working for the City of Dover in 1970 as a part-time employee. Ms. Brown stated that she retired in 1996 as the Administrative Secretary of the Administrative Services Department. Ms. Brown explained that she remembers when council approved the COLA because a lot of the retirees were living at the poverty level due to their pension benefits being so low. Ms. Brown stated since her retirement she has received approximately an 18.5 % COLA increase in 27 years. Ms. Brown explained that COLA should be given annually across the board. Ms. Brown stated that every year employees are faced with higher grocery, utility, and gas bills. Ms. Brown explained that it was brought to her attention that some employees had been given $30 to $40,000 increases, which was more than most retirees ever dreamed of making during their tenure. Ms. Brown explained that in the 70’s, the 80’s, and 90’s people could walk downtown to eat and shop with no worry. Ms. Brown stated that there are hardly any businesses or good restaurants, and you take your life into your own hands to walk downtown. Ms. Brown asked that council have a conscience and do what is right for the civilian retirees. Mr. Rocha moved to refer the request for a COLA to staff for a recommendation coming up. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. Sanitation Enterprise Fund Discussion (Sharon Duca, Assistant City Manager /Mark Nowak, Public Works Director) Ms. Sharon Duca, Assistant City Manager, and Mr. Mark Nowak, Public Works Director reviewed the background and analysis regarding the Sanitation Enterprise Fund. Staff recommended authorizing staff to include the Sanitation Enterprise Fund in the FY25 Budget. Mr. Neil thanked Mr. Nowak for the presentation and stated that he printed out a portion of the presentation to explain to constituents the cost increase. Mr. Neil stated that the model shows exactly what the current cost is and compares the cost to Kent County and the City of Newark. Responding to Mr. Lewis, Mr. Nowak stated that he intends to rerun the model before the fifth year and get new projections going out for five more years. Responding to Mr. Lewis, Ms. Duca stated that the goal would be to rerun the model every year based on the budget to make sure it stays within the projections.

CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 17 Ms. Duca explained that before the fifth year if there were any proposed changes for the following period they would be brought before council. Responding to Mr. Rocha, Mr. Nowak stated that the increase would include covering the costs of all vehicles. Mr. Nowak explained that the containers and recycling contractor are all included in the model and projected out for five years. Responding to Dr. Pillsbury, Mr. Nowak stated that the cost increase from $27 to $33 per container would cover the current deficit. Responding to Dr. Pillsbury, Ms. Duca stated that the model has a percentage increase built into a few aspects of it. For example, there is an increase across the board for labor, materials, and supplies. Ms. Duca explained that there is also a contingency reserve like the other utilities, like the general fund, they have looked at multiple factors to build up sustainability. Responding to Mayor Christiansen, Mr. Nowak stated that the 300-gallon cans would be at the rate of $99 but they are being phased out as the commercial services are phased out, which is included in the model. Mr. Neil moved to recommend accepting the staff recommendations to authorize staff to include the Sanitation Enterprise Fund in the FY25 budget. The motion was seconded by Dr. Pillsbury and unanimously carried with Mr. Lewis abstaining. By consent agenda, Councilman Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil, and carried by a unanimous roll call vote. Discussion on Recruitment and Retention (Councilman David Anderson, David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed background and analysis regarding recruitment and retention in the City of Dover. Committee action not required. Mr. Anderson stated that over 80 percent of municipalities are having problems recruiting police. 77 percent are having problems with specialized positions like finance, and 71 percent with engineers. Mr. Anderson explained that there is a lot of competition with hybrid and remote work that has put a lot of pressure on municipalities to maintain people. Mr. Anderson stated that three-quarters of municipalities rated employee recruitment and retention as one of the top three issues they face. Responding to Ms. Smith, Mr. Hugg stated that the city has a few interns in engineering, electric, planning, and the City Clerk’s Office. Mr. Hugg explained that one area the state could help would be to promote apprenticeship programs.

CITY COUNCIL MEETING OF JANUARY 8, 2024, PAGE 18 MONTHLY REPORTS – NOVEMBER 2023 By motion of Councilman Sudler, seconded by Mr. Neil, the following monthly reports were accepted by consent agenda: City Assessor’s Report City Council’s Community Enhancement Fund Report City Manager’s Report City Planner’s Report Controller/Treasurer’s Budget Report Fire Chief’s Report Police Chief’s Report APPOINTMENTS/REAPPOINTMENTS BY MAYOR CHRISTIANSEN By consent agenda, Councilman Sudler moved for approval of the following appointments, seconded by Mr. Neil, and carried by unanimous roll call vote. Planning Commission – William L. Witham Jr. – (to fill unexpired term of Robert D. Hartman – Term to Expire June 2024) ITEMS NOT ON THE CONSENT AGENDA Carbon Column Media Replacement – Sole Source Vendor (Kate Mills, Water Production Manager) Kate Mills, Water Production Manager, Department of Water and Wastewater reviewed the background and analysis of the Carbon Column Media Replacement. Mr. Neil moved to accept the staff recommendation to approve the award. The motion was seconded by Councilman Sudler and carried by a unanimous roll call vote. CITY MANAGER'S ANNOUNCEMENTS Mr. Hugg reminded everyone that the City of Dover offices, the City Library, and the Pitt Center will be closed on Monday, January 15th in observance of Martin Luther King Day. Mr. Hugg further explained that the trash and recycling that would have been picked up on Monday will be picked up on Tuesday, January 16th and as a reminder, all citizens have their trash cans out by 7:00 AM Tuesday. MAYOR’S ANNOUNCEMENTS Mayor Christiansen stated that he would like to remind everyone that in conjunction with the announcement about the City of Dover offices being closed on the 15th of January, honoring Dr. Martin Luther King, the Alpha Phi Alpha fraternity will be hosting their annual Martin Luther King Day breakfast. Mayor Christiansen further stated that there will be a dynamic speaker at 7:00 AM at the Modern Maturity Center, and then at noon. Also, the Inner-City Cultural League in conjunction with Delaware State University, will be honoring Dr. Martin Luther King with a celebration at the DeLauder Humanity Center. COUNCIL MEMBERS' ANNOUNCEMENTS

CITY COUNCIL MEETING OF JANUARY 8, 2024 PAGE 19 Mr. Lewis stated since this is our first council meeting for 2024, he wished everyone out there watching a Happy New Year. Mr. Lewis would like to extend his sincere condolences to the family of Fran Hettinger who was a long-time resident and constituent of the second district that he represents and that she was a city employee for many years. Mr. Neil discussed that the weather has been getting cold and that we are due for snow, but if everyone reads their packets, everyone will know that the tulips have been planted. Councilman Sudler wanted to thank the newest member, Ms. Wheeler, and congratulate her on her new position here with the family of Team Dover. The meeting adjourned at 7:52 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by the City Council during their Regular Meeting of January 8, 2024, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR Exhibits Exhibit #A – Double JR, LLC Appeal to Dover City Council January 8, 2024 Exhibit #B – Exhibits A-C Provided by Sean M. Lynn, Esquire

EXHIBIT #1 Regular Council Meeting of 01/08/2024 DOUBLE JR, LLC APPEAL TO DOVER CITY COUNCIL JANUARY 8 TH, 2024 Sean M. Lynn, Esquire

FACTS • DOUBLE JR, LLC, OWNS REAL PROPERTY DESIGNATED AND DESCRIBED AS 34 NORTH NEW STREET. DOVER, DELAWARE. • THE LLC LEASED A RENTAL UNIT TO A TENANT “S.P.” WHO ATTEMPTED TO HAVE UTILITIES TURNED ON IN HIS OWN NAME. • THE CITY REFUSED TO PROVIDE ELECTRIC SERVICE, CITING THE ‘CLEAN HANDS ORDINANCE’ WHICH IT HAS MAINTAINED IS APPLICABLE GIVEN THE LLC, AND ITS MEMBER, JILL SUSSMAN, ALLEGEDLY OWE THE CITY FINES

“CLEAN HANDS ORDINANCE” Section 1-13(a) reads: Eligibility to receive city utilities or services. No person, artificial entity, or owner of a ½ or greater interest in that artificial entity shall be eligible to receive any city services, utilities, permits, licenses, or approvals if that person, artificial entity, or owner of a one-half or greater interest in that artificial entity owes outstanding payments to the city; or if that person, artificial entity, or the owner of a ½ or greater interest in that artificial entity is responsible for documented violations of the Dover Code of Ordinances that have remained unresolved for more than 45 days. If the party, artificial entity, or owner of a ½ or greater interest in that artificial entity requesting city approval is current on some but not all obligations owed to the city, the request shall be denied until such time as the person, artificial entity, or owner of a one-half or greater interest in that artificial entity is current and in compliance with all city obligations. PRESENTATION TITLE 3

THE TENANT IS THE APPLICANT FOR CITY SERVICES – NOT THE OWNER (f) Appeal of denial of utilities, services or approvals. 1. Appeal to city manager. Any applicant , person, corporation, or other entity or any owner or member of that corporation or other entity requesting such city services, utilities, permits, licenses, or approvals who receives the aforesaid written denial may appeal that denial to the city manager within 20 calendar days of such denial. The city manager, or his/her designee, shall thereafter hold a hearing at which said applicant shall be permitted to give evidence that such payment has been made or that a required action has been carried out, or otherwise show that such denial is based on incorrect information or is not lawful as to that applicant. PRESENTATION TITLE 4

PROBLEM ONE: Neither DOUBLE JR, LLC, NOR JILL SUSSMAN, are the applicant for City Services – the Tenant “S.P.” is. PRESENTATION TITLE 5

PROBLEM TWO: “FEES” NOT “FINES” enumerated in Section 1-13, as follows: Obligations which must be current. Applicants for city services, utilities, permits, licenses, or approvals shall be current on all of the following obligations to the city, including interest, penalties, court costs, and/or attorney's fees if applicable, prior to receiving such approvals: (1)Property taxes. (2)Applicable Delaware realty transfer taxes. (3)Water, sewer, and electric connection/disconnection, front footage and/or usage charges. (4)Trash fees. (5)Application fees. (6)Permit fees, including building permits, building code and inspection/reinspection fees. (7)Vacant building fees. (8)Inspection fees. (9)Charges for the costs of razing or demolition of buildings done through public expenditure. (10)Charges for duly authorized improvements or maintenance to the exteriors of buildings or property done through public expenditure. (11)Assessments for the installation of sewer lines, water mains, sidewalks, and curbing. (12)Charges for the costs of removing weeds, grasses, refuse, rubbish, trash, or other waste material done through public expenditure. (13)Miscellaneous charges.

THE LAW OF STATUTORY CONSTRUCTION AND INTERPRETATION The Delaware Supreme Court opined most recently on the rules of statutory construction in the 2020 matter Salzberg v Sciabuacucchi, 227 A. 3d 102. In Salzberg, the Court held that a canon of statutory construction is that every word chosen by the legislature (and often bargained for by interested constituent groups) must have meaning. Statutes must be viewed as a whole. Words in a statute should not be construed as surplusage if there is a reasonable construction which will give them meaning, and courts must ascribe a purpose to the use of statutory language, if reasonably possible. The legislative body is presumed to have inserted every provision for some useful purpose and construction, and when different terms are used in various parts of a statute it is reasonable to assume that a distinction between the terms was intended. It is well established that a court may not engraft upon a statute language which has clearly been excluded therefrom, and that, when provisions are expressly included in one statute but omitted from another, we must conclude that the General Assembly intended to make those omissions. PRESENTATION TITLE 7

FINES VS FEES NOT DEFINED IN SECTION 1-2 OF THE DOVER CODE OF ORDINANCES - IN THE ABSENCE OF A DEFINITION WITHIN THE LAW, ORDINARY MEANING APPLIES WHAT IS A FEE? WHAT IS A FINE? 1.Noun - a payment asked by 1.Noun - a certain professional people or public servants for their services: a amount of money doctor's fee; school fees exacted as a penalty: a 2.a charge made for a parking fine privilege: an entrance fee PRESENTATION TITLE 8

NEITHER DOUBLE JR LLC NOR JILL SUSSMAN OWE THE CITY FEES (?) PRESENTATION TITLE 9

SUMMARY PRESENTATION TITLE 10

PRESENTATION TITLE 11

FINES NOT FEES – DOCUMENTS PROVIDED TO MS. SUSSMAN DIRECTLY – NOT TO COUNSEL DESPITE MULTIPLE REQUESTS PRESENTATION TITLE 12

FINES NOT FEES PRESENTATION TITLE 13

PROBLEM THREE – WHAT DOVER CITIZEN CAN POSSIBLE DETERMINE WHAT THEY OWE THE CITY (AND FOR WHAT) BASED ON THESE RECORDS? PRESENTATION TITLE 14

PROBLEM FOUR – THE CLEAN HANDS ORDINANCE IS FUNDAMENTALLY FLAWED No person, artificial entity, or owner of a ½ or greater interest in that artificial entity shall be eligible to receive any city services, utilities, permits, licenses, or approvals if that person, artificial entity, or owner of a one-half or greater interest in that artificial entity owes outstanding payments to the city; or if that person, artificial entity, or the owner of a ½ or greater interest in that artificial entity is responsible for documented violations of the Dover Code of Ordinances that have remained unresolved for more than 45 days. If the party, artificial entity, or owner of a ½ or greater interest in that artificial entity requesting city approval is current on some but not all obligations owed to the city, the request shall be denied until such time as the person, artificial entity, or owner of a one-half or greater interest in that artificial entity is current and in compliance with all city obligations. PRESENTATION TITLE 15

EXAMPLE OF FUNDAMENTAL FLAWS WITH THE CLEAN HANDS ORDINANCE THAT RENDER IT UNENFORCEABLE AS WRITTEN FRED AND DAVID ARE MEMBERS IN A DELAWARE LLC THAT DELAWARE LLC OWNS 500 APARTMENTS IN THE CITY OF DOVER FRED FALLS ILL AND DOES NOT MOW HIS GRASS AT HIS HOME FOR AN ENTIRE SUMMER, THUS INCURRING FINES FOR GRASS CUTTING FROM THE CITY OF DOVER BASED UPON THE CITY’S INTERPRETATION OF THE CODE, NOT ONLY COULD THE CITY DENY NEW TENANTS ELECTRIC SERVICE BUT THEY COULD DISCONNECT THE ELECTRIC SERVICE FOR 500 APARTMENTS IN THE CITY OF DOVER PRESENTATION TITLE 16

EVEN MORE CONCERNING – DOVER ORDINANCE 110-2 PRESENTATION TITLE 17

THE CITY MANAGER IS IMBUED WITH UNLIMITED AUTHORITY TO TERMINATE CITY SERVICES TO ANYONE The City of Dover should not allow this type of delegation of its authority without appropriate safeguards, due process or oversight. PRESENTATION TITLE 18

SOLUTIONS • To this issue: Double JR, LLC is willing to offer the sum of $2,400.00 and Jill Sussman is willing is to offer the sum of $1,300.00 • To the issues raised herein: significant changes are needed to the Dover Code of Ordinances to preclude these issues from repeating to other City of Dover Residents or Businesses PRESENTATION TITLE 19

THANK YOU Questions or Concerns? PRESENTATION TITLE 20

EXHIBIT #2 Regular City Council Meeting of 01/08/2024 EXHIBIT A DOCUMENTS ATTACHED TO JANUARY 5TH EMAIL BETWEEN COUNSEL

sean@thelynnfirm.com From: Hugg, Dave <dhugg@dover.de.us> Sent: Friday, January 5, 2024 3:23 PM To: Sean Lynn Subject: Re: EXTERNAL:Re: THIRD REQUEST- Double JR, LLC and Jill Sussman His client has them since November 14. Sent from my iPhone On Jan 5, 2024, at 2:41 PM, Sean Lynn <sean@thelynnfirm.com> wrote: I You don't often get email fromsean@thelynnfirm.com. Learn why this is important WARNING: This email originated from outside of the organii"a-tionLDo not click links or open attachments unless you recognize the sender and know the content is safe. ,. Nick, It is almost close of business on Friday, at weeks end, and despite multiple requests and your email below - I still don't have these documents. The hearing is Monday. Please advise when the City intends to send me these documents? Best, Sean M. Lynn, Esquire THE LYNN FIRM, P.A. 308 South State Street, Dover, Delaware 19901 Main: 302-734-2000 I Fax: 302-734-2002 sean@thelynnfirm.com www.thelynnfirm.com

Ivl "'-7--·----------- 15 This electronic transmission, and any attached document(s) and/or file(s), is confidential and/or legally privileged. It is intended for the sole use of the individuals to whom it is addressed. It is the responsibility of the recipient(s) of this electronic transmission to read and review any attached document(s) and/or file(s).lf you received this message in error, please notify the sender and destroy the message and any attached document(s) and/or file(s) immediately. The Lynn Firm, P.A., is not liable for any use or misuse contrary to these directions. Thank you. On Jan 4, 2024, at 2:05 PM, Nick Rodriguez <nrodriguez@schmittrod.com> wrote: Sean, I am emailing all ofthis material to you again. Your client has everything and more that we are sending and we assumed she would have shared it with you. Nick On Jan 4, 2024, at 1:57 PM, <sean@thelynnfirm.com> <sean@thelynnfirm.com> wrote: Nick, This email represents the third time I have asked for the complete list of alleged fines and fees which Ms. Sussman and Double JR, LLC, owe the City and which are the alleged basis for the City refusing to allow her tenant(s) from turning on electric service. 2

I don't understand why it is so hard to get this information or why I have to ask multiple times. This should be easy to provide. I don't know why my requests and emails are being ignored. We have a second hearing scheduled Monday. Please advise. Best, Sean M. Lynn, Esquire THE LYNN FIRM, P.A. 308 South State Street, Dover, Delaware 19901 Main: 302-734-2000 I Fax: 302-734-2002 sean@thelynnfirm.com www.thelynnfirm.com <image001.jpg> This electronic transmission, and any attached document(s) and/or file(s), is confidential and/o legally privileged. It is intended for the sole use of the individuals to whom it is addressed. It i~ responsibility of the recipient(s) of this electronic transmission to read and review any attachec document(s) and/or file(s).Ifyou received this message in error, please notify the sender and destroy the message and any attached document(s) and/or file(s) immediately. The Lynn Firm, P.A., is not liable for any use or misuse contrary to these directions. Thank you. 3

City of Dover, DE - Production CUSTOMER STATEMENT CURRENT ADDRESS: LOCATION: DOUBLE ] R LLC 330 TROON RD DOVER DE 19904 PROPERTY CODE: CUSTOMER ID: 12916 EFFECTIVE DATE:12/28/2023 'i:(.J;·,I;tI ·:M·1d :•••• #. #·•• ~•• II! n···Ii!"3#:t4fH~··!i1 ••• (., •• 111 ¢I:a•• ~•• 2024 GB-I 1 CODE ENFOR 2,000.00 1,200.00 . 00 .00 1,200.00 :t•••. pJr: 4IJtltBm _4 ,8'" ,1 ill IIi _.JiltB,li en 2024 GB-I 1 CODE ENFOR 200.00 200.00 .00 .00 200.00 :••8" 'III ""'8It. Amltli m lit 4iI18'[1 til 2024 GB-I ..... : 1 CDDE ENFOR ,.11 2,700.00 a'lttam 2,700.00 Mt!I"tII .00 III .00 !II 2,700.00 JI1iTiWiIi tIt 2023 GB-I 1 CODE ENFDR 500.00 300.00 :"'! ••. 1 ,.,.8", 1m_tit .00 tIt .00 til 300.00 un",'t lit •••. , •• "'#1.•••••. " Wlm.tII B'II18111 iii iII WillIWm iii ** END OF REPORT - Generated by Marney, patricia ** Report generJ,ted: 12/2e/20Z3 lS:~ User: pmilrney page 1 ProgrOilIll 10: ••rcidstnl

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23-2073 WEED Case charges waived nla 2303328 7/1/2023 $ nla 10127/2023 $ $ $ $ 50.00 General Bill Real Estate Invoice Write Off Bill Invoice Amount Approved Amount Utilities Amount Paid Grand total due $ 6,200.00 $ (1,800.00) $ $ $ 50.00 Owner Double J R LLC Tax Map Id E005-076.08-05-15.00 Service Addre.s 34 N New Street Owner Double J R LLC General Billing $ 2,900.00 General Billing $ 6,200.00 Real Estate $ Real Estate $ Utilities $ Utilities $ Code Enforcement $ Code Enforcement $ Write Off Approved -'-$ _ Write Off Approved $ (1,800.00) Total Due for Property=$==2=,9=0=0=.0=0= Total Due for Customer $ 4,400.00 Owner Double J R LLC Tax Map Id ED05-077.09-03-23.00 Service Address 428 S Governors Ave General Billing $ 3,300.00 Real Estate $ Utilities $ Code Enforcement $ Write Off Approved $ (1,800.00) Total Due for Property $ 1500.00 Owner Double J R LLC Tax Map Id ED05-067.20-03-44.00 Service Addre: 307 N Governors Ave

$400.00 (SI.100.00) $ $ Open Code Transferred Not to Billing Transferred from CE $ $ 6,200.00

Open Code Transferred Not to Billing Utilities Amount Paid Transferred from CE $ 100.00 $ 200.00 $ 100.00 $ 200.00 $ 200.00 $ 400.00 $ 800.00 $ 1,600.00 $ 1,000.00 $ 50.00 $ 50.00 $ 1,332.31 $ $ $ I 882.31 $ 50.00 $ 4100.00

City of Dover-Payment Agreement Customer 10 (Munis) 12916 Billing Name: DOUBLEJR LLC Location Address SEE DETAIL Billing Address: 330 TROON ROAD Total Due $ 2,9,O:O.()O ' DOVER, DE 19904 (302) 399-9129 Purpose of billing· CODEENFORCEMENT Agreement Type· 12 MONTH AGREEMENTAPPROVEDBY THE CITY MANGER (Code Enforcement for 34 N New Street) Repayment Payment Amount Dates Amount Paid 1/15/2024 $ 241,67 $ 2115/2024 $ 241.67 $ 3/15/2024 $ ,241.67 $ 4/15/2024 $ 241.67 $ 5/15/2024 $ 241,67 $ 6/15/2024 $ 241.67 $ 7/15/2024 $ 241.67 $ 8/15/2024 $ 241.67 $ 9/15/2024 $ 241.67 $ 10/15/2024 $ 241.67 $ 11/15/2024 $ 241.67 $ 12/15/2024 $ 241.67 $ Total Total Balance $2,900.00 $2,900.00 The above charges represent CODEENFORCEMENTFEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable Immediately, Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding bills has been provided. By signing below you acknowledge that you have read and received this agreement. Double J R, LLC Date Witness, Signature Date Jill Sussman, Owner Double J R, LLC Date City Official, Signature Date Jill Sussman, Owner

Genrrnl Rilling & Gencr:d Rcal Estnte Billing .1(: Gcncral Bill RCAI E~tRte Oprn Code 1'r:lIlsfcrrcd Im'oire Rrlll'Estntr In,'oier Wrile Off Rillln\'nirc GiB.t TAx Not 10 Ililling CASE Number Inyoke Dllit Amount Approved Amounl Bill Note UtilitiC!> CAS': TVPE Amounl Poid Trnnsfcrrcrl from C~: Tax Mnp Id ED05-076.08·05-15.00 Scrvlce Addrc~ J.I N New Slreet 2)·2197 32]5 7125/2023 S 100.00 AlII S 100.00 2).21")7 3235 712512013 S 100.00 AlII S 100.00 2)·2197 355·1 1Il117/202J S 400.00 AlII S ·100.00 2)·1197 J55~ 10117/2023 S KOn,OO ,\III S ROO.OO 23-2206 3554 IO/1712U23 S 100,00 Alii S 100.00 13-2206 )5~;1 1011 7/202J S 200.00 1\111 S 200.00 23·220[, JS5~ 1011712023 S 400.()O AlII S ·100,00 13-2206 355;1 1011712023 S KOO.OO All J S Roo.OO n/a 2307976 7/112023 S nJa 1011712023 S S S 2.<J00.O() S S S S S S 2.900.00 Owner Duul:>k J R LLC Tax Mnp Id 1:1)05·076.08-05· J 5.00 Sen'icc ,\ddrrss H N New Sln:.:t GCl1crnl Billing S 2.900.00 Rc,,1 Estate S Utilities S Code Enfurc"\:lI1cnl S Write OIl" i\f1f1l'1wcd S Tolnl Due for Properl)" S 2.900.(lU

r----------------------- , I i I City of Dover Ordinance ! 1 Sec. 1·13a,b I Ordinance: Clean Hands I I Eligibility to receive city utilities or services. I j (a) Eligibility to receive city utilities or services. No person or entity or owner shall be eligible to receive any city services, utilities, permits. licenses. or approvals if that person, entity or Owner owes outstanding payments to the city; or documented violations of the Dover Code of Ordinances that have remained unresolved, or approval is current on some but not all obligations owed to the city, the request shall be denied until the person, entity, or owner is current and in compliance with all city obligations. (a) Obligations which mllst be current. Applicants for city services, utilities, permits, licenses, or approvals shall be current on all of the following obligations to the city, including interest, penalties, court cost, and/or auomey's fees if applicable, prior to receiving such approvals: 1) Property taxes. 2) Applicable Delaware realty transfer taxes. 3) Water, sewer, and electric connection/disconnection, front footage and/or usage charges. 4) Trash fees. 5) Application fees. 6) Permit fees, including building permits, building code and inspection/re- inspection fees. 7) Vacant building fees. 8) Inspection fees. 9) Charges for the costs of razing or demolition of buildings done through public expenditure. 1 0) Charge~ for duly authorized improvements or maintenance to the exteriors of buildings or property done through public expenditure. 11) Assessments for the installation of sewer lines, water mains, sidewalks. and curbing. 12) Charges for the costs of removing weeds, grasses, refuse. rubbish, trash, or other waste material done through public expenditure. 13) Miscellaneous charges. For additional information on this Ordinances contact Planning & Inspections at 302-736-7011 or Customer Service at 302-736-7035

_to term;nate, d;sconnector deny city,eMm due ,,; outstanding bills. I The city manager, or his designee, shall have the power to terminate, disconnect or deny all services to any person, firm, or corporation to assist in the collection of any outstanding bill owed the city, along with the power and authority to restore or reconnect city services upon payment, in full, of the outstanding bill or bills. In disconnecting or discontinuing services, the city manager shall utilize existing ordinances pertaining to such disconnection and other due process procedures mandated by ordinance or procedures adopted by the city. This method of collecting outstanding debts owed the city shall be In addition to any other methods previously enacted or hereinafter authorized by the council. (Code 1981, Sec. 22-2; Ord. of 3-12- 2oo1) For additional information on City Ordinances contact ~ City Clerk's office at 302-736-7008 or ~ Customer Service at 302-736-7035 '-----------------------------------------,----

_____ . City of Dover-Payment Agreement Customer 10 (Munis) 680 Billing Name: JILL SUSSMAN ~--------~----~------------~--------~ Location Address SEE DETAIL Billing Address: 330 TROON ROAD flTr,o;ta;i,lrO);· u-;-;;e;-----------Iit~~~n7it DOVER, DE 19904 (302) 399-9129 Purpose of billing - CODE ENFORCEMENT Agreement Type - 12 MONTH AGREEMENT APPROVED BY THE CITY MANGER (Code Enforcement for 330 Troon Road) Repayment Payment Amount Dates Amount Paid 1/15/2024 .'., $ {l;'I~OO ' cO 325.00 $ 2/15/2024 $ 325.00 $ -to b.e..., ( e.)(Y\Lj\)Q.~ 3/15/2024 $ 325.00 $ 4/15/2024 $ 325.00 $ ~ bCJCL\'"\(..e_.. 5/15/2024 $ 325.00 $ co;ll ~ 6/15/2024 $ 325.00 $ fQchlC e.c) +~ 1';;30~'1: 7/15/2024 $ 325.00 $ 8/15/2024 $ 325.00 $ 9/15/2024 $ 325.00 $ f}~"v 10/15/2024 $ 325.00 $ 11/15/2024 $ 325.00 $ ~ 12/15/2024 $ 325.00 $ 111~)1:;J,.3 ,/ I $ Tota~ 0 I Jotal BaJ~ $3 0.00 d~ 7',;,aSOO(O The above charges represent CODE ENFORCEMENT FEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable immediately. Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding bills has been provided. By Signing below you acknowledge that you have read and received this agreement. Jill Sussman Date Witness, Signature Date Jill Sussman Date City Official, Signature Date

City of Dover-Payment Agreement Customer 10 (Munis) 680 Billing Name: JILL SUSSMAN Loca~ion Address SEE DETAIL Billing Address: 330 TROON ROAD Total Que -$ ~,~QQ;OP DOVER, DE 19904 *reduced ~ 11/30/23 (302) 399-9129 Purpose of billing· CODE ENFORCEMENT Agreement Type· 12 MONTH AGREEMENT APPROVED BYTHE CITYMANGER (Code Enforcement for 330 Troon Road) Repayment Payment Amount Dates Amount Paid 1/15/2024 $ 191.67 $ 2/15/2024 $ 191.67 $ 3f15/2024 $ 191.67 $ 4/15/2024 $ 191.67 $ 5/15/2024 $ 191.67 $ 6/15/2024 $ 191.67 $ 7/15/2024 $ 191.67 $ 8/15/2024 $ 191.67 $ 9/15/2024 $ 191.67 $ 10/15/2024 $ 191.67 $ 11/15/2024 $ 191.67 $ 12/15/2024 $ 191.67 $ Total Total Balance $2,300.00 $2,300.00 The above charges represent CODE ENFORCEMENT FEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable immediately. Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding bills has been provided. By signing below you acknowledge that you have read and received this agreement. Jill Sussman Date Witness, Signature Date Jill Sussman Date City Official, Signature Date

City of Dover-Payment Agreement Customer 10 (Munis) 680 Billing Name: JilL SUSSMAN Location Address SEE DETAIL Billing Address: 330 TROON ROAD Total Due $ 3,900.00 DOVER, DE 19904 (302) 399·9129 Purpose of billing - CODEENFORCEMENT Agreement Type - 12 MONTH AGREEMENTAPPROVEDBYTHE CITYMANGER (Code Enforcement for 330 Troon Road) Repayment Payment Amount Dates Amount Paid 1115/2024 $ 325.00 $ - 2/15/2024 $ 325.00 $ · 3/15/2024 $ 325.00 $ - 4/15/2024 $ 325.00 $ - 5/15/2024 $ 325.00 $ - 6/15/2024 $ 325.00 $ - 7/15/2024 " $ 325.00 $ - .: . 8/1512024 \.". , i $ 325.00 $ · 9/1512024 ; $ 325.00 $ · 10/15/2024 " ,. - $ 325.00 $ - 11/15/2024 $ 325.00 $ - 12115/2024 $ 325.00 $ - Total $3,900.00 Total Balance $3.900.00 I The above charges represent CODEENFORCEMENTFEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable immediately. Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding bills has been provided. By signing below you acknowledge that you have read and received this agreement. Jill Sussman Date Witness, Signature Date Jill Sussman Date City Official, Signature Date

(:o"c •• 1 Gc"el'lllBlllinll Billing & Ileul (;rncrdIBIlI Rul Eslnlc Opcn Code Tnln~f.rred .'\: Relll E,lalc E,lnlc In"oiH In"oict Wrile Off lIiIIln"oitt (;111 & Tax :'1:01 In lIi11in~ C\SE CASE "'''1'1-: In"uice i"umbcr J)ale Amounl AflPro"cd Amounl 11111NOle Ulilille~ ,\mounH'uld Trnnsfrrrcd frum CE n·~K H; DCO 3031 ~!2Jf.!()2:; S 1'01>2 S 100.00 n.4K I{, IXO )085 ~121f.!02J S 1'002 S 200.1)0 22-mS WEED 2826 1112112021 S Tmn~fcrn:" 21-2-186 DCO 22M? ')/212022 S 1(1(1.00 1'001 S 100J}!) 21-1-lK6 IX:O :mn ')1212022 S 1'001 S 200.00 S 2(){).00 21-2-186 nco 22M7 1)f2l20n s ·100.00 POIU S ·100.00 21·2-1H6 DCO 22M7 ')1212022 $ lIOII.OO 1'001 $ HOo.oO 21-1·IH6 Deo 22M? I)/1f.!022 S 1.600.00 1'001 $ 1.600.00 11-1-I1I{, nco 22R7 lJi1f.!022 S I.OOO.()I) 1'01)1 S I.OOO.O() 20·;170(, EXI'M S 50.no 11)·1-174 WEED 11046 5!12120 I') S Translerred S 50.00 Case chlll1.!~'Swaiwd 1~IJ.lIlil nlil 2301293 7/111023 S S 1332.31 n/u 10/27/2023 S $ 3.9{)().00 S $ $ S 1.l!82.31 S $ -1.100.00 Owncr Jill Sus.~mlln Tn: :\Ilflld EDOS·067.09·01·18.00 Sen'ict i\ddru5 330 Troon Road ·"Ihmtomcn provides proofof"'bcn Ihe roo ",'U Jllckffi Dp .••.•in rees JllUllhat dale. General Llillin!\ $ 3.9()O.OO RL":IIESHlle T3." S tllililics S Cooc Enfon:cIT1<:nl _$=-- _ ToIlll Oue for l'roprrly==S==3=,9=OO=.0=0=

City of Dover Ordinance Sec. 1·13a,b Ordinance: Clean Hands Eligibility to receive city utilities or services. (a) Eligibility to receive city utilities or services. No person or entity or owner shall be eligible to recei ••.e any city services, utilities, permits, licenses, or approvals if that person, entity or owner owes outstanding payments to the city; or documented violations of the Dover Code of Ordinances that have remained unresolved, or approval is current on some but not all obligations owed to the city, the request shall be denied until the person, entity, or owner is current and in compliance with all city obligations. (a) Obligations which must be cunent. Applicants for city services, utilities, permits, licenses, or approvals shall be current on all of the following obligations to the city, including interest, penalties, court cost; and/or attorney's fees if applicable, prior to receiving such approvals: I) Property taxes. 2) Applicable Delaware realty transfer taxes. 3) Water, sewer, and electric connection/disconnection, front footage andlor usage charges. 4) Trash fees. 5) Application fees. 6) Permit fees, including building permits, building code and inspection/re- inspection fees. 7) Vacant building fees. 8) Inspection fees. 9) Charges for the costs of razing or demolition of buildings done through public expenditure. 10) Charges for duly authorized improvements or maintenance to the exteriors of buildings or property done through public expenditure. 11) Assessments for the installation of sewer lines, water mains, sidewalks, and curbing. 12) Charges for the costs of removing weeds, grasses, refuse, rubbish, trash, or other waste material done through public expenditure. 13) Miscellaneous charges. - for additional information on this Ordinances contact Planning & Inspections at 302-736-70 II or Customer Service: at 302·736-7035 ~----------------_j

Povvertoterminate, disconnect or deny city services due to outstanding bills. --l The city manager, or his designee, shall have the power to terminate, disconnect or deny all services to any person, firm, or corporation to assist in the collection of any outstanding bill owed the city, along with the power and authority to restore or reconnect city services upon payment, in full, of the outstanding bill or bills. In disconnecting or discontinuing services, the city manager shall utilize existing ordinances pertaining to such disconnection and other due process procedures mandated by ordinance or procedures adopted by the city. This method of collecting outstanding debts owed the city shall be in addition to any other methods previously enacted or hereinafter authorized by the council. (Code 1981, Sec. 22-2; Ord. of 3-12- 2001) For additional information on City Ordinances contact • City Clerk's office at 302-736,7008 or Customer Service at 302-736-7035

City of Dover-Payment Agreement Customer ID (Munis) 12916 Billing Name: DOUBLEJR LlC Location Address SEE DETAIL Billing Address: 330 TROON ROAD Total Due $ 1,500.00 DOVER. DE 19904 (302)399-9129 Purpose of billing - CODEENFORCEMENT Agreement Type - 12 MONTH AGREEMENTAPPROVEDBYTHE CITYMANGER (Code Enforcement for 428 S Govenor's Ave) Repayment Payment Amount Dates Amount Paid 1/15/2024 $ 125.00 $ 2/15/2024 $ 125.00 $ 3/15/2024 \. : '. ';0- S 125.00 $ 4/15/2024 $ 125.00 $ 5/15/2024 $ 125.00 $ 6/15/2024 $ 125.00 $ 7/15/2024 $ 125.00 $ 8/15/2024 $ 125.00 $ 9/15/2024 $ 125.00 $ 10/15/2024 $ 125.00 $ 11/15/2024 ' $ 125.00 $ 12/15/2024 $ 125.00 $ Total $1,500.00 Total Balance $1.500.00: I The above charges represent CODEENFORCEMENTFEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable immediately. Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate. disconnect or deny services due to outstanding bills has been provided. By signing below you acknowledge that you have read and received this agreement. Double J R, LlC Date Witness. Signature Date Jill Sussman, Owner Double J R, llC Date City Official, Signature Date Jill Sussman, Owner

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l PCMleftoterminate, di!:<::onnect or deny dty services due to lJ outstanding bills. '---------- The city manager, or his designee, shall have the power to terminate, disconnect or deny all services to any person, firm, or corporation to assist in the collection of any outstanding bill owed the city, along with the power and authority to restore or reconnect city services upon payment, in full, of the outstanding bill or bills. In disconnecting or discontinuing services, the city manager shall utilize existing ordinances pertaining to such disconnection and other due process procedures mandated by ordinance or procedures adopted by the city. This method of collecting outstanding debts owed the city shall be in addition to any other methods prevIously enacted or hereinafter authorized by the council. (Code 1981, Sec. 22-2; Ord. of 3-12- 2001) For additional informationon City Ordinances contact • . . City Clerk's office at 302-736-7008 Customer Service at 302-736-7035 or ~-------------_J

EXHIBIT B DOCUMENT PROVIDED TO MS. SUSSMAN IN NOVEMBER OF 2023

CITY OF DOVER PO BOX 475 DOVER, DE 19903 nvolce o ateo 10/17/2023 Customer Number: 12916 Description Quantity Price UOM Original Bill Adjusted Paid Amount Due CODE ENFORCEMENT 1 $2,700.00 EACH $2,700.00 $0.00 $0.00 $2,700.00 34 N NEW ST 3 - ALT LOC 19886 CASE 23-2206 6.5.23 - $100 7.5.23 - $200 8.11 .23 - $400 8.30.23 - $800 CAES 23-2197 34 N NEW ST 1 - ALT LOC 61220 8.11 .23 - $400 8.30.23 - $800 PLEASE NOTE THAT IF NOT PAID, THE CHARGES ON THIS INVOICE MAY BE TRANSFERRED TO THE PROPERTY TAX ACCOUNT PER THE CITY OF DOVER'S MUNICIPAL LIEN PROCESS. Invoice Total: $2,700.00 PLEASE RETURN-BenOM POR-f'ION WItH PAYMENT CITY OF DOVER P&ICODEENFORCEMENT PO BOX 475 Invoice Date I Invoice No. DOVER, DE 19903 10/17/2023 I 3554 302-736-7035 Customer Number 12916 Invoice Total Due $2,700.00 Mail your remittance to: Amount Paid CITY OF DOVER $0.00 PO BOX 15558 12916 WILMINGTON, DE 19886 DOUBLE j R LLC NET DUE 30 DAYS 330 TROON RD DOVER, DE 19904 00000182024800003554300002700003

EXHIBIT C DOCUMENTS PROVIDED TO MS. SUSSMAN AT IN PERSON MEETINGS

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, ~8FDoVER . BOX475 DoVER, DE 19903 '~ InvoIce Oat.: 07/25/2023 Customer Number: 12916 Quantity Prtce UOM Ortglnal Bill Adjusted Paid Amount Due CODE ENFORCEMENT ~ S GOVERNORS AVE B 1 $2.000.00 EACH $2.000.00 SO.OO $0.00 $2.000.00 E 22-1220 5I22!23 - $400 I~ 615123 - $1600 PAYMENT IS DUE WITHIN 30 DAYS OF THE BILL DATE. FOR INFORMATION ABOUT YOUR BILL PLEASE CALL Invoice Total: $2,000.00 (302) 736-7035. PLEASE RETURN BOnOM PORTION WITH PAYMENT CITY OF DOVER P&J CODE ENFORCEMENT Invoice Date T Invoice No. PO BOX 475 DOVER, DE 19903 07/2512023 I 3234 Customer Number 302-736-7035 12916 Invoice Total Due $2,000.00 Mall your remittance to: Amount Paid CITY OF DOVER $0.00 PO BOX 15558 12916 WILMINGTON, DE 19886 NET DUE 30 DAYS DOUBLE J R LLC 330TROON RD DOVER, DE 19904 ......••••••••••••....... -------- 000001820248000032342000020Doooa .

t::J/cr'~~ ~ ..,,~-. \'.I.IT Penalty yr vyvr.." Faa Inquiry ],],:52:46 ...• a'Se nu Propert·beF" • Tax M Y addr '" .. 22 Do[][)1220 DRS ap Numb ess, IJ) ••• 42~ S GOVERNORS AVE B front l er. E])-[)5~[)?7;D~-D3-23D.DDD-DDD Tena nt nameOcat·· . lan Master 2D12D80D ., number . . Amount Amount Fee De . CODE EscrlPtion Chargs Date Amount Ass&!!'!sed Paid Credited * As of CODE E~~ORCEMENT FINE 4/21/23 JrMi. nr .[]D .DD .DO .OD CODE EN ORCEMENT FINE S/D&/23 4mt. Dtr .DD CODE EN~ORCEM[Nt ~INE 5/22/23 4 CD. DD J:-- .DO .DO .DO ORCEMENT fINE b/DS/23 lbOD. DD~ - Bottom .DD .00 Press Ent Tota 1: 250D. DC F3~Exit er to continue. F~;Yiew Billed f12=Cancel

·0 BOX 475 , mOVER, DE 19903 InvoIce Date: 06/09/2023 Customer Number: 12916 , --crrpij6,{ ....,~. , '-".~~ ,,_: Quantity Price uoM original Sill Adjusted Paid Amount DUe CODE ENFORCEMENT $500,00 EACH $500.00 SO.OO $0.00 $500.00 1 428 S GOVERNORS AVE B CASE 22-1220 4121/23 - $100 518123 - $400 PAYMENT IS DUE WITHIN 30 DAYS OF THE BILL DATE. FOR INFORMATION ABOUT YOUR BILL PLEASE CALL Invoice Total: $500.00 (302) 736-7035. ! I PLEASE RETURN BOnOM PORTION WITH PAYMENT CITY OF DOVER • P&I CODE ENFORCEMENT PO BOX 475 Invoice Date I Invoice No. DOVER, DE 19903 06/0912023 I 3151 302-736-7035 Customer Number 12916 Invoice Total Due $500.00 Mall your remittance to: Amount Paid CITY OF DOVER $0,00 PO BOX 15558 12916 WILMINGTON, DE 19886 DOUBLE J R LLC NET DUE 30 DAYS 330TROON RD DOVER, DE 19904 I

- -,"' .,.'" ' ~•. O%I "".&. •. ;' Jl-' . i£$ilf ':"! ',"ytV ~i~'!' -. ~,_.il,,-_. l.0.~.~3:;31. Penalty ~e~ X~quiry 22 00001.220 428 S GOVERNORS AVE B ED-DS-D17.D'-D3-23D.DOO-OOD 20l.20AOO Amount Amount Fee Description Charge A.ount Assessad ~ _ Paid Credited * As of l>ata .00 .00 CODE ENFORCEMENT FINE 4/2]'/2~ ],OCl'[]O~ .00 CODE ENfORCEMENT 40D.Od'=- .00 FINE .5/0!/2!1 .00 .00 CODE ENfORCEM(NT rINE 5/22/23 UDO·On_ BottoUi .00 .00 Total: ~CD.OO Press Enter to continue. F3=Exit f~;Vi~~ Billed F12~CancQI

C~D PO BOX 47' DOVER, DE 19903 Invoice Date: 10/17/2023 Customer Number: 12916 Quantity Pric. UOM OriginalBill Adjusted Paid Amount Due CODE ENFORCEMENT $2,700.00 EACH $2,700.00 SO.OO $0.00 52,700.00 34 N NEW ST 3 - AL T LOC 19886 CASE 23-2206 6.5.23 - $100 7.5.23 - $200 8.11.23 - $400 8.30.23 - $800 CAES 23-2197 34 N NEW ST 1 - ALT LOG 61220 8.11.23 - $400 8.30.23 • $800 PLEASE NOTE THAT IF NOT PAID, THE CHARGES ON THIS INVOICE MAY BE TRANSFERRED TO THE PROPERTY TAX ACCOUNT PER Invoice Total: $2,700.00 THE CITY OF DOVER'S MUNICIPAL LIEN PROCESS. PLEASE RETURN BOTTOM PORTION WITH PAYMENT CITY OF DOVER P&I CODE ENFORCEMENT • PO BOX 475 Invoice Date T Invoice No. DOVER, DE 19903 10/17/2023 I 3554 302-736-7035 Customer Number 12916 Invoice Total Due $2,700.00 Mall your remittance to: Amount Paid CITY OF DOVER $0.00 PO BOX 15558 12916 WILMINGTON, DE 19886 DOUBLE J R LLC NET DUE 30 DAYS 330TROON RD DOVER, DE 19904 I 00000182024800003554~nnnn~,""__.

""&::,1:. Pena1ty 'VI MV fee Inquiry ••.•• ' .. .. •.....•. ." ~, 15:32:47 --.be'r rty adar~s~, "I': 23 O[][][]2l.97 ,ap NU.ber . • JI • • • 34 N NElliST ], ro. l . . . . £D-DS-C7~.Da-D5-]'5D.DDD-DDD Tenant nam~cation Master • : , nu_••ber • . . Fee Description Charge Alllount Amount Amount ])ata AssQssad CODE ENFORCEMENT CODE ENFORCEMENT fINE 6/05/23 ,'TC ~ , P!lI!I'" Paid .00 Credited .00 * As of FINE 7/05/23 CODE ENFORCEMENT CODE ENFORCEMENT FINE FINE I!I/ll/23 1!1/3D/23 .~BBrBl!I ~ 40C· CC 8[]0'DO~ ct-- ·CO .00 ·00 .OD .OD .OD " "- Bottom Total: :L4DD.[JO .DO .DD Press Entli!!r' to continue. F3;:;Exit F6=View Billed F12=Cancel

'-.&.11 VI uvv",,, .lJU' ••.•• , 1:...;1 Penalty fee Inquiry 15=32:3& 23 DDC02t!Ob 34 N NElli ST 3 \'l...G\\lp ED-D5-07b.oa-CS-1SC.OOO-COO llbD71.00 E! ])E!scription Charge Alllount Amount Amount DE ENFORCEMENT FINE 1>ate Assessed ~ Paid Credited * As of DE ENFORCEMENT FINE b/D5/23 7/05/23 100.00 )t\ ~ .00 .00 .00 200. DO " .00 DE ENFORCEMENT FINE 8/1.1/23 400.00 .00 .00 DE ENFORCEMENT FINE 8/30/23 &!IDD.OO ·00 .00 Bottom Total: .00 .00 'ess Enter to continue. I~Exit F~-Vie~ Billed / I / /

_ •.•••••.•• _.1.}. _ ~ Customer Number: 12916 Invoice Date: 07/25/2023 so.oo $200.00 CODE ENFORCEMENT $200.00 EACH $200.00 $0.00 34 N NEWST 1 CASE 23-2197 5/5/23 'AYMENT IS DUE WITHIN 30 DAYS OF THE BILL DATE. Invoice Total: $200.00 :OR INFORMATION ABOUT YOUR BILL PLEASE CALL 302) 736-7035. PLEASE RETURN BOTTOM PORTION WITH PAYMENT CITY OF DOVER P&I CODE ENFORCEMENT Invoice Date Invoice No. PO BOX 475 07/25/2023 3235 DOVER, DE 19903 Customer Number 302-736-7035 12916 Invoice Total Due $200.00 Mall your remittance to: Amount Paid CITY OF DOVER $0.00 PO BOX 15558 12916 WILMINGTON, DE 19886 NET DUE 30 DAYS DOUBLE J R LLC 330TROON RD DOVER. DE 19904 00000182024800003235900000200006

23 OD.O[]21"7 . . E»-O;-D7b.08-D5-LSO.OOD-(](]O 34 N NElliST 1 Charge Amount Allount Amount ~ee Description Date ASUlsslild Paid Credited * As of .ODE ENfORCEMENT FINE b/05/23 2DtJ.O[] .00 .ElO Botto •• Total: 200.00 .00 ·00 ress Enter to continue. 3=Exit fd=View Billed F12=Cancel

• Invoice Det.: 09/0212022 Customer Number: 680 C~FORCEMENT FINES caUI!'1t!~ i pilCi. UOM OriginalBill Adjusted Paid Amount Due 330 Tf~OON RD $4,100.00 EACH $4,100.00 $0.00 $0.00 $4,100.00 CASE21-2486 8/30121- $100 9123121 - $200 10/11121 - $400 10/27121 - $800 115122 - $1600 1/5122 - $1000 •.. il2CO ?~ iO~r{ -+-~\'S \ hVOI'(_~ Q-l"f;'L3 ~ '?~ ~~cli~ toep ~ recoV\Y\'ec_1--- PAYMENT IS DUE WITHIN 30 DAYS OF THE BILL DATE. =OR INFORMATION ABOUT YOUR BILL PLEASE CALL Invoice Total: 302) 736-7035. PLEASE RETURN BOTTOM PORTION WITH PAYMENT CITY OF DOVER P&ICODEENFORCEMENT PO BOX 475 DOVER, DE 19903 Invoice Date 09/02/2022 ,J Invoice No. 2287 302-736-7035 Customer Number 680 Invoice Total Due $4,~8e.ee .=¥lOO.oC Mail your remittance to: Amount Paid CITY OF DOVER PO BOX 15558 $0.00 680 WILMINGTON, DE 19886 SUSSMAN JILL NET DUE 30 DAYS 330 TROON RD DOVER, DE 19904 000001820230000022871000041 ___•.• __•*••..... __ I OOO~

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Customer 10 (Munis) 12916 DOUBLE JR LlC Location Address 330 TROON ROAD Total D~, .:~ _. DOVER, DE 19904 (302) 399-9129 Purpose of billing - CODE ENFORCEMENT Agreement Type - 12 MONTH AGREEMENT APPROVED BYTHE CITY MANGER (Code Enforcement for 34 N New Street) Repayment Payment Amount Dates Amount Paid 1/15/2024 $ 241.67 $ 2/1512024 $ 241.67 $ .. ,.,'.:; ":l: ~~: 3/15/2024 $ 241.67 $ 4/1512024 $ 241.67 $ 5/15/2024 $ 241.67 $ 6/1512024 $ 241.67 $ 7/15/2024 $ 241.67 $ 8/15/2024 $ 241.67 $ 9/15/2024 $ 241.67 $ 10/15/2024 $ 241.67 $ 11/15/2024 $ 241.67 $ 12/15/2024 $ 241.67 $ 4/1' :;;~;;t;.4'l7g"';')Y:t11~:1i;:'il~~I~J~;l~[I?O~'l':i!~~,<i~ }...JlIVJ.~f~~"'f:I~:l:;J.; ~~",,-:s-~·'~~ ..:, ..~r"".:.:1~'.~ .:~a:....~ ••... ~:"~ $2,900.00 $2,900.00 The above charges represent CODE ENFORCEMENTFEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable immediately. Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding bills has been provided. By signing below you acknowledge that you have read and received this asreement. Double J R, LLC Date Witness, Signature Date Jill Sussman. OWner Double J R, LlC Date City Official, Signature Date Jill Sussman, OWner j.

Open Code Transferred General General ReRI EstRte Not to BlI\ing Billing & Billing & General Bill Bill Invoice GIB & Tax from CE Rell Estate Write Off CASE TYPE Amount Paid Transferred Real Estate Invoice Bill Note Utilities Invoice Approved Amount Invoice Date Amount CASE Number ED05-076.08-05- 15.00 S \00.00 Tax Map Id AHI 100.00 34 N New Street S Service Address 100.00 AHI 400.00 7/2512023 $ S 23-2197 3235 100.00 AHI 800.00 7/25/2023 $ S 23-2197 3235 $ 400.00 AHI 100.00 3554 10117/2023 S 23-2197 $ 800.00 AHI 100.00 3554 10/17/2023 S 23-2197 $ 100.00 AHI 400.00 3554 10/17/2023 S 23-2206 $ 200.00 AHI SOO.OO 3554 10/17/2023 S 23-2206 S 400.00 AHI 10/17/2023 23-2206 3554 800.00 10/17/2023 S 23-2206 3554 7/112023 s S S 1 900J)O nla 2307976 S S. 1 1012712023 $ $ nla s Double J R LLC Owner ED05-076.08-05-] 5.00 Tax MapJd 34 N New Street Service Address S 2,900.00 General Billing Real Estate S Utilities S Code Enforcement S Write Off Approved S Total Due for Property S 2,900.00 -------------- ....•

., City of Dover-Pa ment Agreement Customer 10 (Munis) 12916 Bllllni Name: DOUBLE JR LLC SEE DETAIL Bllllni Addfl!ss: 330TROON ROAD Location Address , ....., ;"'1 .1:,1- ','ilOOfOCr;' ~Lli' DOVER, DE 19904 TbtaUDue .. , . -' (302) 399-9129 Purpose of billing - CODE ENFORCEMENT Agreement Type _ 12 MONTH AGREEMENT APPROVED BY THE CITY MANGER (Code Enforcement for 428 S Govenor's Ave) Repayment Payment Amount Dates Amount Paid 1/1512024 $ 125.00 $ 211512024 $ 125.00 $ 3/1512024 $ 125.00 $ 411512024 $ 125.00 $ 5/1512024 ... ; $ 125.00 $ 1-------~-~-~-~-~-~-:-----..;:·\i~i~~~~~lJ,....:..~---~-~-~-:~-g---l-...; 8/1512024 $ 125.00 $ 9/1512024 $ 125.00 $ 10/1512024 $ 125.00 $ 11/1512024 $ 125.00 $ 1211512024 $ 125.00 $ ;r.*:i:~ll~ljl~;~il~A~·:}~ j~li;~~\~'f~~q~Jif~~i~{~ '~:~.'~: ~~~~; ._' $1,500.00 $1,500.00 The above charges represent CODE ENFORCEMENT FEES;failure to maintain this agreement may result in disconnection of utility services. If disconnected the total amount plus a service charge will be payable immediately. Note that future billed charges for all services must be paid in accordance to their respective due dates and are not subject to this payment agreement. A copy of the City of Dover's Clean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding bills has been provided. By signing below you acknowledge that you have read and received this agreement. Double J R, llC Witness, Signature Date Date Jill Sussman, OWner Double J R, llC City Official, Signature Date Date Jill Sussman, Owner

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City of Dover-Payment Agreement ustomer 10(Munis) 680 BIlling Name: JILL SUSSMAN ~~~~~~~~--------------~~~~~~ ocation Address SEE DETAIL Bllllni Address: 330 TROON ROAD ~~~~~~~------~~--~~~ >.·;·:~~):1rt.;..'~::;.' )t;JtJP_u~~~.:·:~ ,f.r'i',;~;,.~:{", DOVER, DE 19904 (302) 399-9129 Irpose of billing - CODE ENFORCEMENT :reement Type - 12 MONTH AGREEMENTAPPROVED BY THE CITY MANGER (Code Enforcement for 330 Troon Road) Repayment Payment Amount Dates Amount Paid it'I~()(? ,CO 1/1512024 ,.~t j' 325.00 $ 2/1512024 . :::~~:" :,-g:. 325.00 $ --k> ~ fe;rt\D~ 3/1512024 325.00 $ 4/15/2024 ;;~ ".~ . 325.00 $ -rhi__ 'bcJtvr\C.e_, 5/15/2024 325.00 $ ~t1~ 6/15/2024 325.00 $ 7/1512024 325.00 $ rQ_ciuL~ +<=> 8/15/2024 325.00 $ "$d30D. dJ 9/15/2024 325.00 $ 10/15/2024 325.00 $ 11/15/2024 325.00 $ 12115/2024 325.00 $ ':::J300 Ie above charges represent CODE ENFORCEMENT FEES; failure to maintain this agreement may result in disconnection of ility services. If disconnected the total amount plus a service charge will be payable immediately. ote that future billed charges for all services must be paid in accordance to their respective due dates and are not subject , this payment agreement. copy ofthe City of Dover's Oean Hand's Ordinance and Power to terminate, disconnect or deny services due to outstanding ills has been provided . •y signing below you acknowledge that you have read and received this agreement. liII Sussman Date Witness, Signature Date Jill Sussman Date City Official] Signature Date

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