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Council Minutes and Exhibits 1-2

City Council Meetings. Nov 13, 2018.

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REGULAR COUNCIL MEETING The Regular Council Meeting was held on November 13, 2018 at 7:30 p.m. with Councilman Hare presiding in the absence of Council President Slavin. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole, Mr. Polce, and Mr. Lindell. Council staff members present were Police Chief Mailey, Mrs. Mitchell, Mr. Hugg, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present (departed at 7:37 p.m.). OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Councilman 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. The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance and a moment of silence for Dr. Ulysses S. Washington. AGENDA ADDITIONS/DELETIONS Mr. Neil moved for approval of the agenda, seconded by Mr. Sudler and unanimously carried. Mr. Cole moved for approval of the Consent Agenda, seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 22, 2018 The Minutes of the Regular Council Meeting of October 22, 2018 were unanimously approved by motion of Mr. Cole, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen. PROCLAMATION - GEOGRAPHIC INFORMATION SYSTEMS (GIS) DAY AND GEOGRAPHY AWARENESS WEEK The City Clerk read the following Proclamation into the record: WHEREAS, fascination with the earth's geography inspired the early explorers of our country to learn and record information about the surface of the land and its people, environments, resources, political boundaries, and characteristics and today remains a fundamental part of our national heritage; and WHEREAS, geographic information has many useful applications for our municipal government and is a valuable resource used in the analysis of infrastructure, emergency services, economic development, and long-range planning; and WHEREAS, Geographic Information Systems (GIS) technology provides an efficient means of managing geographic information and providing data that allows for effective decision-making and improved delivery of services to the residents of the City of Dover and our surrounding area; and

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 2 WHEREAS, the City of Dover's GIS Division plays a vital role in the continued growth of the City and has been nationally recognized for its outstanding efforts in the advancement of GIS and its foresight in creating programs that can be used to better manage services in the City. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim November 14, 2018 as GIS Day, and November 11 - 17, 2018 as GEOGRAPHY AWARENESS WEEK in the City of Dover and urge all residents to participate in this special observance. On behalf of the Mayor and Council, Mayor Christiansen presented the Proclamation to Mr. Mark Nowak, GIS Manager for the City of Dover. Mr. Nowak thanked members for the Proclamation. He advised that the following day from 10:00 a.m. - 2:00 p.m. in the City Hall Conference Room they would be presenting the GIS technology and how it is being used by the City. REZONING REQUEST - PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2018-10 (PETITION RECEIVED) A public hearing was duly advertised for this time and place to consider the rezoning of property located at 951 White Oak Road, consisting of 1.1152+/- acres located on the north side of White Oak Road and east of Halsey Road, owned by Hansen White Oak Partners, LLC. The equitable owner is L&S Davis Properties Inc. The property is currently zoned C-PO (Commercial and Professional Office) and the proposed zoning is IO (Institutional and Office). (Tax Parcel: ED-05-068.14-05-85.00-000, Third Council District; Planning Reference: Z-18-02) Mr. Neil moved that the Final Reading of Proposed Ordinance #2018-10 be acknowledged by title only, seconded by Mr. Lindell and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of September 24, 2018.) Planner's Review Mr. David Hugg, Director of Planning and Community Development, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission. He noted that Staff addressed some comments about the limitations on height and coverages as a result of the provisions of the ordinance and recommended approval of the rezoning. Mr. Hugg advised that the Planning Commission heard extensive testimony and received a petition in opposition to the rezoning. He stated that, under state law, there are certain tests that have to be met for a petition to be considered binding and requiring a three quarters vote of the City Council; however, the petition did not meet those requirements and only a simple majority vote of Council is necessary for action on this request. Mr. Hugg noted that the Planning Commission recommended against the rezoning with three members in favor, four against, and two members absent. He reiterated that Staff recommended approval of the rezoning. Responding to Mr. Neil, Mr. Hugg advised that the current Commercial and Professional Office (C-PO) zoning allows uses, such as a small restaurant, that could generate continuous traffic.

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 3 Responding to Mr. Sudler, Mr. Hugg advised that the Planning Commission’s recommendation was based on the traffic concerns raised by the neighbors. He noted that those issues would apply whether or not the property were rezoned. Mr. Hugg stated that one member of the Planning Commission was concerned about the future use of the property if it were rezoned and the church was not built. Responding to Mr. Neil, Mr. Hugg noted that the proposed Institutional and Office (IO) zone would support professional, business, and government offices, banks, research design and development laboratories, public and institutional uses, including hospitals, medical clinics, libraries, police stations, court houses, transit centers, schools, colleges, universities, places of public assembly, philanthropic and charitable institutions, parks, playgrounds, public indoor recreation centers and play fields, utility rights of way, daycare centers, provided they meet the other requirements in the ordinance, and emergency shelters and transitional housing. Mr. Hugg advised that other things that could theoretically be allowed in an IO zone, but only as a conditional use, were firearm ranges, correctional facilities, public incinerators, hotels and restaurants. Accessory uses to a permitted use are clinics, cafeterias, recreational facilities, vehicle storage, and restaurants that are on a campus intended to support the primary users of the facility. Mr. Hugg stated that, due to the lot size, coverage limitations, set back requirements, and parking requirements, a number of those uses could not meet the specific requirements even though they are allowed. Responding to Mr. Neil, Mr. Hugg noted that hotels and restaurants were conditional uses that would require additional approval from either the Planning Commission or Board of Adjustment and the public would have an opportunity to comment. With regard to the petition, Mr. Anderson asked if City Solicitor Rodriguez agreed with the majority versus three quarters vote ruling. Responding, Mr. Hugg advised that Staff found that there were 16 property owners who could vote on the petition and only three (3), less than 20%, voted. Responding to Mr. Anderson, Mr. Hugg stated that the biggest single difference between the current and proposed zone is that the IO zone allows places of public assembly, such as a church or a facility of that type, which is not allowed in the CPO district. Public Hearing Councilman Hare declared the public hearing open. Mr. Osman Sammander, 151 Lake Drive, Smyrna, Delaware, and Mr. James Munson, Dover, Delaware, provided a letter from the City of Dover dated October 1, 2018 regarding the status of Halsey Road Extended and an accompanying map (Exhibit #1). Mr. Sammander stated that the only problem that they had with the rezoning was the parking. He noted that the extension of North Halsey Road is maintained by White Oak Condominiums and they already have problems with people parking on the streets. Mr. Sammander advised that they had two fires the last two years, and they had problems with the parking. Ms. Marie Hudson, Milford, Delaware, stated that she was one of the owners at White Oak. She advised that she objected to the rezoning because North Halsey Road is more like a driveway than a road. Ms. Hudson noted that the major concern would be the overflow parking from any public

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 4 assembly, which means a lot of people at one time, and she wondered where they were going to park since the property is only one acre. Ms. Ayesha Sammander, 151 Lake Drive, Smyrna, Delaware, stated that she was an owner at White Oak Condominiums and that she was speaking on behalf of the residents there, as well as the residents of the area surrounding 951 White Oak Road. Ms. Sammander noted that they were there to express their opposition to the rezoning of 951 White Oak Road from C-PO to IO. She advised that they are really furious and frustrated with the speeding traffic on North Halsey Road. Ms. Sammander stated that this neighborhood used to be a quiet and safe neighborhood and they used to be able to walk across the street and check on a neighbor. They used to be able to sit on their front porch and enjoy the fresh air. She advised that North Halsey Road has become like a highway with through-traffic. Ms. Sammander stated that there are 84 units at White Oak Condominiums with approximately 200 cars in and out on a daily basis and less than 500 feet down the road there is a church. She advised that when they are meeting, they are parking all over North Halsey Road and North Halsey Extension, which is a private driveway. Ms. Sammander stated that the addition of another public assembly would be chaos. Mr. Phil McGinnis, McGinnis Commercial Real Estate Company, 555 East Loockerman Street, stated that he was present representing the owner of the property and the purchaser of the property. He pointed out that Staff recommended approval of the rezoning, which conforms with the Comprehensive Plan recommendation. Mr. McGinnis noted that the property was currently zoned C-PO, which permits offices and a variety of retail stores, and the request for IO is based on the need to permit public assembly for a church. He advised that the church will be used primarily on Sundays and not peak hours Monday through Friday during the week for counseling and other activities. Mr. McGinnis stated that, for the most part, the church use would be on Sundays and not during the week affecting the traffic on White Oak Road all day long. Mr. McGinnis noted that, approximately 10 or 12 years prior, the property was rezoned IO for a proposed church. The church did not get their financing, so they could not go forward with the sale, and the rules in the City at that time forced a reversion of the IO zoning back to CPO. Mr. McGinnis stated that the parking issue would be a site plan issue, not a rezoning issue, and the church would have to prove during the site plan process that they can park on the site. He noted that the IO zone is actually less dense because there is a wider setback area and a buffering area that is required that is not required in the C-PO zone. Mr. McGinnis advised that a fence divides the property on the east boundary from White Oak Farms and there is a fence and a berm that divides the property from White Oak Condominiums so there are natural restrictions to people parking and walking and traveling back and forth. He noted that he thought the property, at an acre and a quarter, was a little bit bigger than the typical neighborhood church property in the City of Dover; however, it is not so big that you end up with 10 stories or three stories or some huge office development that would be the possible result if a church was not built. Mr. McGinnis stated that he thought this would have a positive outcome for the community.

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 5 Ms. Sylvia Davis, L & S Davis Properties, 69 Gaelic Court, Magnolia, Delaware, stated that they had to mail letters to people within the 200-foot radius of the property itself, and some of the people who signed the petition were from Frederica and Smyrna, which are outside of the 200 square-foot radius. Ms. Davis stated that the church would have 149 attendees, which would require 39 on-site parking spaces. She noted that church would be held only on Sunday and Wednesday, and occasionally some times throughout the week. Ms. Davis advised that she could not speak to the speeding on Halsey Road and noted that the church would be located on White Oak Road and Halsey Road. She stated that a church is a pillar in a community designed to bring peace and organization to the community, not extra crime or havoc. Responding to Mr. Sudler, Ms. Davis stated that she did not anticipate anyone parking on any of the roads or obstructing driveways. Mr. Neil advised that he had a concern in listening to the landlords who apparently rent the properties within White Oak Condominiums and asked if Ms. Davis would you be willing to let her sanctuary be used for meetings of the White Oak home owners' association to be able to discuss the problems that they are having, which really have nothing to do with a church being there, but are related to the growth around the area. He thought that if they would be willing to do that, the people who actually live there may find that the church is a real benefit to them, rather than an aggravation with more traffic. Responding, Ms. Davis agreed that a church is definitely going to be a benefit, because it is about to be cold and Code Purple would not open until December. She noted that her daycare center is on the Code Purple list and can be opened up to people that need it, that may be homeless. Ms. Davis stated that the homeless issue was discussed during the Planning Commission meeting. She noted that a church provides a safe haven for people who are in need and will provide activities for the neighborhood kids. Ms. Davis stated that the White Oak home owner’s association would definitely be able to meet at the church. Mr. Lewis stated that what he heard from the residents in that community, or the representatives speaking on behalf of the people that reside there, is parking. He asked if the church had a contingency plan for overflow parking. Responding, Ms. Davis advised that the church could only fit the capacity that would be approved through the Planning Commission, noting that you could not have 500 people in a building with capacity for 100. She indicated that the parking would be in accordance with the number of seats. Noting that he has stood in the back of churches before, Mr. Lewis stated that they could not prevent people from coming in and asked what they would do if more people visited. Responding, Ms. Davis stated that they would add a second service if necessary. Captain Harold Brown, 68 Sabbe Street, Magnolia, Delaware, advised that he was stationed here just over a year ago and he has found a spiritual home with Pastor Watts and his fellow airmen are looking for a local church as well. He spoke about the four pillars in the military - social, mental, physical and spiritual - and noted that they had seven suicides in the military in the last seven days, and 70 in the past year. Captain Brown stated that the spiritual piece seemed to be lacking when people move to these towns and they don't know anyone, and that's been a big factor in the military.

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 6 Ms. Nancy Watson, pastor of the proposed church, advised that they currently have a church on Pearson's Corner road and they would like to move to the White Oak Road location. She noted that their current church size is approximately 30 people and they are an active, working church which believes in serving the community, children, the military, and the homeless. Ms. Watson stated that they have worked with Ms. Davis, DelDOT, and the Fire Marshal, and their primary entrance will be on White Oak Road. She noted that although they have adequate parking, there may be instances such as a funeral or a wedding that would necessitate more parking, in which case they would reach out to the community. Ms. Watson indicated that the church further down on White Oak Road is willing to allow people to park there. She stated that they were willing to speak with the nearby businesses with parking lots as well in those instances. Ms. Watson reiterated that, as the church grows, they would add services to address additional parking. She noted that they would be at the church on Sundays and Wednesdays for Bible Study, and the most time they would be there is for two hours, three hours at the most. There being no one else present wishing to speak, Councilman Hare declared the hearing closed. Mr. Anderson advised that he was in favor of the rezoning because he believes that it will be a less intrusive zoning than the current zoning. He stated that he believes that the businesses are correct, that the traffic issue is real, and he hoped that it would be looked by the appropriate committee in the future. Mr. Anderson stated that he hoped that the people who own and maintain the road would put signs up alerting people that it is private property and parking is only for residents and guests. Mr. Cole advised that Towne Point has a very active association that meets quarterly at Towne Point Elementary, which both he, Mr. Neil, community policing, staff, and code enforcement attend regularly. He encouraged Ms. Watson to attend. Mr. Neil moved for approval of the rezoning request, was seconded by Mr. Sudler and, by a unanimous roll call vote (Slavin absent), Council adopted Ordinance #2018-10, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 951 WHITE OAK ROAD WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-PO (Commercial and Professional Office Zone) to IO (Institutional and Office Zone). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 7 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-PO (Commercial and Professional Office) to IO (Institutional and Office) on that property located at 951 White Oak Road, consisting of 1.1152+/- acres, owned by Hansen White Oak Partners, LLC (Equitable Owner: L&S Davis Properties, Inc.) (Tax Parcel: ED-05-068.14-05-85.00-000; Planning Reference: Z-18-02; Council District: Third) ADOPTED: NOVEMBER 13, 2018 COUNCIL COMMITTEE OF THE WHOLE REPORT - OCTOBER 23, 2018 The Council Committee of the Whole met on October 23, 2018 at 6:00 p.m., with Councilman Hare presiding in the absence of Council President Slavin presiding. Members of Council present were Mr. Anderson (arrived at 6:27 p.m.), Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, and Mr. Lindell. Mr. Lewis and Mayor Christiansen were absent. Civilian members present for their Committee meetings were Mr. Garfinkel and Mr. Shelton (Safety Advisory and Transportation), and Mrs. Doyle and Ms. Scarborough (Utility). By unanimous consent the Committee amended the agenda to change the order of the committees, as follows: Utility Committee and Safety Advisory and Transportation Committee. UTILITY COMMITTEE The Utility Committee met with Chairman Cole presiding. Small Cell Wireless Action Plan Mr. Jim Robinson, Electric Director, reviewed a presentation entitled “City of Dover Electric Department, Small Cell Wireless Action Plan.” Mr. Sudler asked what the expected life span is for this new product, and what one (1) negative aspect would be in regard to this topic. Responding, Mr. Robinson stated that it is difficult to say what the life span is of certain equipment, explaining that as it evolves, it will be changed out. He informed members that the devices that would be installed first would be a small cell version of the current 4G devices, since the 5G devices are still under evolution. Mr. Robinson stated that staff’s current task is to ensure that if the installation of one (1) device is approved, entities do not install multiple devices on the same pole without the City’s permission. He explained that due to rapid changes in technology, staff is going to make sure that the City’s ordinances cover any issues associated with moving equipment in the future. He indicated that staff would not want rate-payers or the City to be responsible for taking abandoned equipment off poles in the future. Mr. Robinson stated that he thinks that there are a lot of pros associated with doing this and it is inevitable. He advised that potential public perception could be a negative aspect, explaining that if the City is not proactive in advertising or communicating to the public there could be some resistance when people begin to notice new devices on the poles.

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 8 Mr. Robinson noted that it may make sense to have an open house in the future to provide an opportunity for the public to share their thoughts and concerns. Mr. Robinson advised that staff did not believe there were any potential safety issues regarding these devices, since they will be installed on existing poles. Mr. Neil stated that he saw this as an economic opportunity for companies that could utilize this type of small cell wireless service and for them to know that the City is doing this would be very positive. Mr. Neil asked if the City or those entities applying to install devices would be responsible for the cost of installation and any costs associated with changes that may occur with the installation. In response, Mr. Robinson stated that all incremental costs will be borne by the requestor. He explained that the requestor would also be responsible for paying for any make-ready work the City has to perform, for example if staff has to modify an existing pole or put in a long power pole. Mr. Neil noted that he understood there would be an application fee and asked if the City could also charge an annual fee for the use of the poles. Responding, Mr. Robinson advised that there is a two-part structure: 1) the application fee and 2) an ongoing annual fee for the use of the City’s poles. He explained that the annual fee is consistent with what the City currently charges entities, such as Verizon and Comcast, for utilizing the City’s poles. Mr. Robinson noted that it is too expensive and complicated to put a meter on each device; however, staff will be able to determine the annual electricity usage the same way they determine the cost of operating a streetlight, and that cost will be built into the annual fee. Mr. Polce stated that he was really excited when the Advanced Wireless Infrastructure Investment Act was signed by the General Assembly over a year ago and is really excited about this opportunity for the City of Dover. He advised that he thought that the City now needed to think about what’s in the City’s best interest and how to be good stewards of the City’s infrastructure. Mr. Polce stated that he thought that it would be wise to move aggressively on this matter, especially as members think about the ideals of what a smart city would look like. He explained that he thought that this is a tremendous opportunity for the City to incorporate the demands of new technology which will provide the ability to leverage economic development. Mr. Polce indicated that the Town of Fenwick Island had already adopted an ordinance regarding this matter, which was a lot less controversial than the City of Newark’s ordinance, and he suggested that it would be beneficial for staff to review both ordinances. Mr. Polce noted that he was optimistic and, quoting John F. Kennedy, stated “be bold and do what the ordinary fear.” Mr. Lindell stated that he appreciated staff being proactive regarding this matter and that he agreed with the sentiments of Mr. Polce about the City being at the forefront of the latest technological advancements. Referring to Mr. Robinson’s presentation, Mr. Lindell asked if Mr. Robinson mentioned that other cities were trying to stall this process through ordinances because they are opposed to it. Responding, Mr. Robinson clarified that it is not the municipalities. Mr. Lindell stated that he thought that the City should move aggressively on this matter and suggested that the

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 9 ordinances be designed to protect the City interests and encourage growth in a responsible way. Mr. Robinson, noting that the carriers are far ahead on these issues, advised that staff would be very careful in developing the ordinance language and was consulting appropriate legal counsel. He stated that staff had also reviewed master license agreements for two (2) of the entities which was helpful. Mr. Robinson advised members that it was important to consider how to begin and also how to protect the City over the long-term, explaining that there could be hundreds of these devices within City limits within several years. He noted that, in the future, the City could receive 100 applications at a time and will have to turn them around within a specific amount of time. Mr. Lindell stated that he agreed with Mr. Robinson’s comments and he thought that the City should protect its interests without creating unnecessary delays. Mr. Cole thanked staff for their efforts regarding this matter. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee met with Councilman Hare presiding in the absence of Chairman Lewis. AGENDA ADDITIONS/DELETIONS Mr. Polce requested that consideration of item #2 - Proposed Ordinance #2018-12 Amending Chapter 70 - Offenses and Miscellaneous Provisions, Section - 70-5 Aggressive Panhandling and Appendix F - Fees and Fines (Sponsors: Hare and Polce) be deferred. By unanimous consent, the agenda was approved as amended. Ambulance Services - Requested Level of Service Mrs. Donna Mitchell, City Manager, reviewed the background and analysis regarding the Ambulance Services - Requested Level of Service. She advised that this matter was brought back to the Council Committee of the Whole/Safety Advisory and Transportation Committee so that members could provide staff with direction regarding what they would like to see in the RFP when it is resubmitted to the proposers. Mrs. Mitchell stated that Council discussed giving the proposers two (2) options: (A) the level of service requested in the original RFP, and a second option (B), so she wanted to ask members what the desired level of service is for option B. Mrs. Mitchell noted that Mayor Christiansen had submitted correspondence dated October 23, 2018, as well as a copy of the Ambulance Services - Requested Level of Service Action Form with the Desired Level of Service (B) section completed, indicating his preference for the level of service. Mrs. Mitchell noted that the contract start date would be April 1, 2019. She stated that PrimeCare’s contract had been extended to April 1 to provide enough time to complete the process for this proposal. Mrs. Mitchell explained that this would also

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 10 give the contractor time to get ready to start on April 1, 2019 without providing a transition period. Staff recommended establishing the level of emergency medical services (EMS) desired by the Committee and recommending the same to City Council for inclusion in an addendum to the original RFP #19-0001CM. Mr. Hare noted that Mayor Christiansen’s desired level of service was two (2) units 24/7 with two (2) EMT-Bs on each unit and a floating unit with two (2) EMT-Bs as needed, and that there should be two (2) EMT-Bs for all units. Mr. Sudler stated that he was in agreement with recommending and incorporating the two (2) dedicated 24/7 BLS units manned by two (2) EMT-Bs as recommended by Mayor Christiansen. Mr. Anderson stated that he agreed with Mr. Sudler, noting if Cheswold has two (2) EMT’s, it doesn’t make sense for Dover not to. Mr. Polce noted that the City’s annual budgeted amount is approximately $200,000 and asked what the average annual cost was for the proposals submitted for one (1) BLS. In response, Mrs. Mitchell stated that the lowest price vendor was $150,000 for one (1) year; however she explained that she would need to go back to review the prices for years two (2) and three (3). Mr. Polce asked if Mrs. Mitchell thought that the proposals for two (2) BLS units 24/7 would exceed the City’s annual budget. Responding, Mrs. Mitchell stated that she could not say for certain. She explained that the original RFP included the number of calls, and the proposers will have to run the numbers to determine what they think the number of transports will be, the differential, and what they can afford to do. Mr. Polce asked if the RFP Committee had provided any additional recommendations, suggestions or feedback to their initial scope. In response, Mrs. Mitchell stated that she did not consult the members of the RFP Committee, explaining that since this seemed to be a desire of Council and the Committee, she just brought it back to determine what members want as the second alternative level of service. Mr. Lindell expressed his frustration that Council did not handle this prior to the original RFP being issued. He stated that he thought, in the future, members of Council needed to do a better job of discussing their wishes with staff regarding RFP’s. Mr. Lindell noted that he agreed with Mayor Christiansen’s recommendations; however, he felt members should have expressed their wishes six (6) months ago before the RFP was issued.

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 11 Responding to Mr. Neil, Mrs. Mitchell confirmed that the City used the State’s standard in the original RFP and it was the standard previously used as well. Mr. Neil expressed concern that those providing mutual assistance may not operate at this proposed level of service. Mr. Sudler moved to recommend that the City incorporate two (2) dedicated 24/7 BLS units manned by two (2) EMT-B nationally-certified personnel in an addendum to the original RFP #19-0001CM, seconded by Mr. Lindell. Mr. Hare emphasized that when the RFP is sent out, those responding should submit proposals based on the City’s request, not what they think the City should have. He stated that he thought that this situation could probably have been avoided if the City originally received proposals based on what was requested. The Committee recommended that the City incorporate two (2) dedicated 24/7 BLS units manned by two (2) EMT-B nationally-certified personnel in an addendum to the original RFP #19-0001. During the Council meeting, Mrs. Donna Mitchell, City Manager, explained that, during the Committee meeting, members were provided correspondence from Mayor Christiansen regarding his recommendation for the level of service for the ambulance service (Exhibit #2). She wanted to clarify that there are no longer “EMT Bs”, only EMTs. Additionally, Mayor Christiansen, in his letter, recommended two (2) floating EMTs; however, it was not specifically mentioned in the motion so Mrs. Mitchell requested clarification as to its inclusion and whether the floating EMTs were to be used as needed or if they would be replacing Camden. She also noted that Mayor Christiansen explained to her that the floating EMTs would be used for large events and Mrs. Mitchell expressed that she did not agree with floating ambulances for large events, feeling that the organization holding the event should pay for that service, not the taxpayer. Mr. Sudler stated that he initially thought the floating EMTs were included in his motion; however, after hearing the City Manager's recommendation and her justification for that position, he stated that he was not in support of having floating EMTs if the taxpayers are going to have to pay for it. Mr. Sudler moved that the City incorporate two (2) dedicated 24/7 BLS units manned by two (2) EMT nationally-certified personnel in an addendum to the original RFP #19-0001. The motion was seconded by Mr. Lewis and unanimously carried. Proposed Ordinance #2018-12 Amending Chapter 70 - Offenses and Miscellaneous Provisions, Section - 70-5 Aggressive Panhandling and Appendix F - Fees and Fines (Sponsors: Hare and Polce) The Committee deferred consideration of this item, at the request of Mr. Polce. Mr. Anderson moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Sudler and unanimously carried.

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 12 SPECIAL COUNCIL COMMITTEE OF THE WHOLE REPORT - NOVEMBER 5, 2018 The Council Committee of the Whole met on November 5, 2018 at 6:00 p.m., with Councilman Hare presiding in the absence of Council President Slavin. Members of Council present were Mr. Sudler, Mr. Lewis, Mr. Cole, Mr. Polce, and Mr. Lindell. Mr. Anderson and Mr. Neil were absent. Mayor Christiansen was also absent. Civilian members present for their Committee meetings were Mrs. Doyle (Utility), and Mr. Shevock (Legislative, Finance, and Administration). Ms. Scarborough (Utility) was absent. UTILITY COMMITTEE The Utility Committee met with Chairman Cole presiding. Evaluation of Bids - FY18 Inflow and Infiltration Replacement Project Mrs. Donna Mitchell, City Manager, reviewed the background and analysis regarding the evaluation of bids for the FY18 Inflow and Infiltration Replacement Project. Staff recommended approval of the low bid submitted by Gateway Construction, Inc. in the amount of $435,980 for the replacement of existing 8" and 12" diameter sanitary sewer main and replacement of sanitary sewer laterals. The work will be accomplished in College Road, Overlook/East Lake Garden, the Wesley College Area, and Rodney Village. In response to Mrs. Doyle, Mrs. Mitchell explained that the bid documents would have been sent out prior to the October 19, 2018 bid opening and there would probably have been 60 days provided for contractors to review all of the documents and submit bids. Mrs. Mitchell, referring to the I & I Location Maps labeled Exhibit A-D, explained that the light blue lines depicted the lines being replaced, not the dark blue lines. The Committee recommended approval of the low bid submitted by Gateway Construction, Inc. in the amount of $435,980 for the replacement of existing 8" and 12" diameter sanitary sewer main and replacement of sanitary sewer laterals, as recommended by staff. The work will be accomplished in College Road, Overlook/East Lake Garden, the Wesley College Area, and Rodney Village. By consent agenda, Mr. Cole moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent). LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Hare presiding.

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 13 Permission to Recruit - Sanitation Supervisor Mrs. Donna Mitchell, City Manager, reviewed the permission to recruit request and hiring justification outline for the Sanitation Field Supervisor II position. She noted that Mr. Mike Hamlett was previously supervising the Facilities, Sanitation, and Fleet Divisions and he was not able to do any one of the jobs very well because he was spread among the three (3) different divisions and was often on a sanitation truck due to vacancies. Mrs. Mitchell stated that she saw a need to provide guidance and direction to the facilities maintenance staff, so she moved Mr. Hamlett over the Fleet and Facilities Divisions. She advised members that she received an email from Mr. Hamlett on October 5, 2018, extending his appreciation to all the department heads because the fleet division was able to complete 100% of the monthly preventative maintenance (PMs) for vehicles for the first time in five (5) years. She noted that prior to this, they had averaged from 10% to 50%. Mrs. Mitchell stated that having someone dedicated to guide and supervisor the fleet employees has made a big difference. She explained that she was requesting permission to recruit a Sanitation Supervisor to allow Mr. Hamlett to focus on the Fleet and Facilities Division. Mrs. Mitchell advised members that this position was not approved in this fiscal year’s budget, however, there is money in the budget to cover it this year. The Committee recommended approval of the permission to recruit for the position of Sanitation Field Supervisor II. By consent agenda, Mr. Cole moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent). Proposed Amendments to Financial Policy - Expenditure Policy #5 Use of Appropriations Mrs. Donna Mitchell, City Manager, reviewed the proposed amendments to the Financial Policy - Expenditure Policy #5 Use of Appropriations. She explained that the amendment would allow staff to use personnel expense savings for capital investment purposes rather than to fund the unfunded liabilities when bringing forward the carry-forward balances for the prior year’s budget. Mrs. Mitchell stated that the unfunded liabilities will continue to be funded based on the actuarial recommended percentages of payroll. Staff recommended approval of the proposed amendments. The Committee recommended approval of the proposed amendments, as recommended by staff. By consent agenda, Mr. Cole moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent).

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 14 MONTHLY REPORTS - SEPTEMBER 2018 By consent agenda, Mr. Cole moved for acceptance of the following monthly reports, seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent). 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 QUARTERLY REVIEW - CAPITAL INVESTMENT PLAN (CIP) (JULY, AUGUST, AND SEPTEMBER) Members were provided the Quarterly Report for the Capital Investment Plan for July, August, and September 2018. By consent agenda, Mr. Cole moved for acceptance of the Quarterly Report for the Capital Investment Plan, seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent). COUNCIL AND COMMITTEE MEETINGS - HOLIDAY SCHEDULE Councilman Hare noted that, as Council had done in the past, due to the holiday season, it was recommended that the City Council Meetings scheduled for November 26th and December 24th and the Council Committee of the Whole Meetings scheduled for November 27th and December 26th be cancelled. He assured members that if the need arose, special meetings would be called. Additionally, Christmas falls on a Tuesday this year and it is recommended that consideration be given to recognizing Monday, December 24th as a special holiday declared by City Council for City employees. Mr. Sudler moved to cancel the Council and Committee meetings, as presented. The motion was seconded by Mr. Neil and carried with Mr. Anderson voting no (Slavin absent). CITY MANAGER’S ANNOUNCEMENTS Mrs. Donna Mitchell, City Manager, announced that the City would be continuing leaf collection through the middle of January. She reminded everyone that the Home for the Holidays event would occur November 29th and the Home for the Holidays parade would be held December 1st. Mrs. Mitchell announced that the Mayor's Prayer Breakfast would be held November 30th at 7:00 a.m. with the program beginning at 7:30 a.m. at the Modern Maturity Center. She also noted that the Mayor was holding a turkey drive and suggested that anyone wishing to donate a turkey or a $10 monetary donation to help feed a needy family in Dover should contact the Mayor's office by Friday, November 16th.

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CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 15 COUNCIL MEMBERS’ ANNOUNCEMENTS Mr. Anderson announced that the Episcopal Church of Christ would be holding it's annual Holly Fair on Saturday, November 17th from 9:00 a.m. to 3:00 p.m. He noted that it would be a great day of events and vendors to benefit the local community. Mr. Anderson announced that on November 20th, the Tuesday before Thanksgiving, a free Thanksgiving meal would be offered for those in need. He noted that the event was being sponsored by the Central Delaware NAACP, the City of Dover Police, and the Holy Trinity Church of the Living God. Mr. Sudler extended his condolences to Reverend Doctor Erika Crawford, Pastor of Mt. Zion AME Church, who lost her father that week. He also advised that the Delaware State University inauguration of Dr. Wilma Mishoe would be held on December 8, 2018 at 10:00 a.m. in the Education and Humanities Theatre. Mr. Sudler wished all of the constituents of Dover a Happy Thanksgiving. Mr. Lindell wished everyone have a happy and safe Thanksgiving and he wished the Dover High football team the best of luck in the upcoming playoffs. Mr. Hare wished Mr. Neil a happy birthday on November 26th and congratulated Mr. Lewis on his recent election as the Kent County sheriff. Mr. Neil moved for adjournment, seconded by Mr. Polce and unanimously carried. Meeting adjourned at 8:29 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of November 13, 2018 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2018\11-13-2018 Council Minutes.wpd Exhibits Exhibit #1 - Correspondence dated October 1, 2018 - 1001 White Oak Road - N Halsey Road Exhibit #2 - Correspondence Dated 10-23-2018 - Ambulance Level of Service

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EXHIBIT #1 Regular Council Meeting of 11/13/2018 Division of Code Enforcement QCitp of lBober Phone : (302) 736-7010 15 Loockerma n Plaza Fax : (302) 736-4217 Dover, DE 19901 October 1, 2018 White Oak Condo Association c/o Osman Sammander PO Box 199 Dover, DE 19903 1001 White Oak Road - N Halsey Road Tax Parcel #EDOS-068.14-05-860.000 This letter is to advise that the City of Dover does not maintain the section of roadway titled N Halsey Road. This is the entrance point for the White Oak Condominiums. Attached to this letter is a map that shows the entrance and roadway are on Tax Parcel #EDOS-068.14-05- 860.000. This is private property and is maintained by the White Oak Condo Association. If you have any questions regarding this correspondence, please contact me at your earliest convenience. Timothy M. Taraila Chief Code Enforcement Officer ttaraila@dover.de.us {302) 736-7011 cc: Dave Huge Director of Planning and Inspections Department Attachment: Map <lConmmnitp <fxrellenre \!tlJrouulJ C!aualitp ~ eruire

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White Oak Condominiums Legend Date Printed : October 1 2018 N PARC ELIO File : m :lg is_datalprojects \tec h_m xds 1001 1/\Jh:te Oak Road \white oak condominiums DepartrT;°ent: -Public Works GIS Dover Parcels City of Dover, Delaware 0 100 200 Feet Do ·1~r Parcels

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EXHIBIT #2 Regular Council Meeting of 11/13/2018 OFFICE OF THE MAYOR October 23,2018 Council President Tim Slavin P.O. Box 475 15 The Plaza Dover, DE 19901 Dear Mr. President: I apologize for my absence from the meeting of the Council Committee of the Whole. I am entertaining a trade group from our sister city in Miyagi Japan. I would like to add my personal comments to the discussion of item number 1 of the Safety Advisory Committee: The Ambulance Contract Level of Service. I, as a former EMT and current active firefighter for the Dover Fire Department, believe that I can offer some incite to what I see as staffing levels for our ambulance service contract to better serve our growing community with the highest level of EMS service. I believe that the City and our citizens would be best served by two dedicated 2417 BLS units manned by two EMT-B nationally certified personnel. I further believe that an additional floating unit should be considered. The times for this unit would be to supplement the two dedicated units during peak hours of need based on call analysis and statistical information. It is my feeling that such an arrangement would adequately accommodate our population which fluctuates from 38,000 (night time) to an estimated 60,000+ (daytime) which includes citizens, visitors, commuters and employees of our many offices and businesses. Those units would provide needed coverage for our growing senior population as well as increasing incidents for opioid and other types of calls for help. Thank you for your time and consideration for the above to be part of a contract for service for the best protection for our citizens. lly Yours for a Better Dover, ~. ----- Robin R. Christiansen Mayor, City of Dover Cc: Members of City Council Donna S. Mitchell, City Manager p.o. Box 475, Dover, DE 19903-0475 Community Exellellce Through Quality Service

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ACTION FORM PROCEEDING: Council Committee of the Whole - Safety, Advisory, & Transportation DEPARTMENT OF ORIGIN: City Manager's Office DATE SUBMITIED: 10-16-18 PREPAREDBY: Donna Mitchell, City Manager SUBJECT: Ambulance Services - Requested Level of Service REFERENCE:RFPNumber #19-0001CM EXPENDITUREREQUIRED: ANNUAL BUDGET: FY19 $245,000 FUNDING SOURCE(Dept'/Page in CIP & Budget): FY19 Budget TIME TABLE: Effective April 1, 2019 RECOMMENDED ACTION: Establish level of EMS Service desired by the Committee and recommend the same to City Council for inclusion in an addendum to the original RFP#19-0001CM. BACKGROUND AND ANALYSIS The Ambulance Service RFP #19-0001CM recommendation was presented to CCW - Safety Advisory and Transportation Committee on August 28, 2018. During its meeting of the Committee discussed the level of service for Ambulance Services since two of the proposals submitted included a higher level of service than was requested in the Request for Proposal (RFP). No action was taken by the Committee on this item. At its meeting of September 10, 2018, City Council continued the ambulance level of service discussion. Council referred this matter back to the CCW- Safety Advisory and Transportation Committee with instructions to staff to determine how best to request revised responses from each of the respondents which address both the one (1) and two (2) EMT crew options and come back with revised responses from each of the respondents. Staff recommends that an addendum be added to the Request for Proposal for an Alternate Service level as desired by the Committee and Council. The original proposals cannot be adjusted from their original form except for the Addendum response and pricing of both levels of service (A & B). The current level of service as budgeted is as follows- RFPRequested Level of Service (A) Desired Level of Service (B) First unit 24 hours, 7 days per week t ",(Jut! ),1/1 (2.].emr~f f Second unit 16 hours, 7 a.m. to 11 p.m. F/~ltizS 1./J/YIf 8s liS n(t. ~ t I- ~i f> I" a,J I UflJ~ Staffing - 1EMT 1 EMR with EVOC Since the time of the above discussion, the Dover Fire Department voted not to permit any use of their facilities for Ambulance Services. Staff is agreeable to accept a change in the Saint Francis proposal for a mutually agreed to location provision that was included in the Request for Proposal. The City will also be including a contract re-opener provision to partner with the vendor when bidding on other services in Dover's EMS territory. The contract start date will be April 1, 2019 ~~.

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