CCW MINUTES AND ATTACHMENT (REVISED)

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole Meeting was held on October 12, 2021 at 6:00 p.m., with Council President Sudler presiding. Members of Council present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Mr. Hare, Mrs. Arndt, Mr. Rocha, and Mr. Taylor. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Lewis (Parks, Recreation, and Community Enhancement), Mr. McCutchen (Utility), and Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration). Mr. Jones (Parks, Recreation, and Community Enhancement) was absent. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried. Proposed Updates to Electric Service Handbook (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director, reviewed the proposed amendments to the Electric Service Handbook. Staff recommended approval of the proposed amendments to the Electric Service Handbook. Mr. Anderson moved to recommend approval of the proposed amendments to the Electric Service Handbook, as recommended by staff. The motion was seconded by Mr. Hare and unanimously carried. Mr. Hare moved for adjournment of the Utility Committee meeting. The motion was seconded by Mr. Neil and unanimously carried. Meeting adjourned at 6:03 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Rocha moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried. Proposed Budget Amendments to the Fiscal Year 2020 and 2021 Community Development Block Grant (CDBG) Action Plan (Tracey Harvey, Planner I) Ms. Tracey Harvey, CDBG Program Administrator, reviewed the background and analysis for the Proposed Budget Amendments to the Fiscal Year 2020 and 2021 Community Development Block Grant (CDBG) Action Plan. Staff recommended approval of the proposed Budget Amendments totaling $63,200.53 for Fiscal Year 2021. Ms. Harvey stated that staff proposed to reallocate $18,900.53, not $18,200.53, of the funds that were never obligated to a CDBG activity to Milford Housing Development Corporation (MHDC).

COUNCIL COMMITTEE OF THE WHOLE MEETING OF OCTOBER 12, 2021 PAGE 2 Ms. Harvey stated that the total available for reallocation was $63,900.53 not $63,200.53. Mr. Neil moved to recommend approval of the proposed Budget Amendments totaling $63,200.53 for Fiscal Year 2021, as recommended by Staff, as corrected. The motion was seconded by Mr. Shevock and unanimously carried. Proposed Ordinance #2021-22 Amending Chapter 46 - Fire Prevention and Protection, Article IV - Public Occupancies, Section 164 - Fees (Dave Hugg, Planning and Community Development Director) Mr. Dave Hugg, Planning and Community Development Director, reviewed the background and analysis for Proposed Ordinance #2021-22 Amending Chapter 46 - Fire Prevention and Protection, Article IV - Public Occupancies, Section 164 - Fees. Staff recommended adoption of the ordinance as presented. Mr. Anderson stated that he had concerns with the following sections of the proposed Ordinance: • The entry barriers on daycare facilities • Limiting the public occupancy for meeting rooms to 50 • Special events and outdoor events Responding to Mr. Anderson, Mr. Hugg stated that it had not occurred to him that raising the fee from $50 to $100 could be a detriment, but he was fine with the suggestion to go back and look at the fees to perhaps reduce them to the original $50 or perhaps provide two-tiers. He explained that part of the reason for bringing this forward was to get Council comments and input. Mr. Hugg noted that he would be willing to provide some alternatives for Mr. Anderson’s concerns when this came back to City Council. Mr. Neil moved to recommend that the amendments be drafted and presented for review at the First Reading, as recommended by staff. The motion was seconded by Mr. Anderson and unanimously carried. Mr. Sudler moved to recommend adoption of proposed Ordinance #2021-22, with amendments. The motion was seconded by Mr. Neil and unanimously carried. Mr. Anderson turned the Chair of the Legislative, Finance, and Administration Committee over to Mr. Sudler. Discussion - American Rescue Plan Act (ARPA) Framework (Councilman David Anderson, Councilman Gerald Rocha, Sr., and Councilman Ralph Taylor, Jr.) Mr. Anderson, Mr. Taylor, and Mr. Rocha reviewed the proposed American Rescue Plan Act (ARPA) Framework. Mr. Boggerty asked the following questions regarding the proposed riverwalk: • What would the return on investment be? • Can vendors sell there?

COUNCIL COMMITTEE OF THE WHOLE MEETING OF OCTOBER 12, 2021 PAGE 3 • Is it just walking? • What activities daily or in the summertime can be offered to have a return on investment? • Who and how would the riverwalk be monitored? • What plans would be in place to prevent homeless individuals from camping out along the riverwalk? Responding to Mr. Anderson, Ms. Tracey Harvey, Community Development Block Grant (CDBG) Program Administrator, stated that she recommended using remaining CDBG funds for housing rehabilitation. She explained that there had to be a request for proposal (RFP) process for the items that were chosen in that agenda, and she suggested doing an RFP process for that rather than allocating funds to people that already submitted applications to be fair. Ms. Harvey noted that she would go back and look at the regulations again but she had glanced at them and did not think a riverwalk would be eligible as projects had to be related to COVID-19 and economic recovery. Responding to Mrs. Arndt, Mr. Anderson stated that this item was created for members to give input on what they would like to see and priorities to be recommended as a framework to the Joint Subcommittee to Evaluate American Rescue Plan Act (ARPA) Funding Requests from Nonprofits. He explained that it would not lock them into specifics, it was just a generalized framework so the Committee could begin work. Mr. Matt Harline, Interim City Manager, reviewed a memo regarding Use of City and State ARPA Funds (Attachment #1) that had been sent to Committee members earlier that day. He explained that the City had until December 31, 2025 to spend the ARPA funds. Responding to Mr. Rocha, Mr. Harline stated that the proposed site for the riverwalk had previously been a dump with trash buried under it. He explained that the City was currently working with compliance and environmental to study the area. Mr. Harline noted that there was a previous project to remediate that area because it was the old sewer treatment facility and the grounds department also used to be housed there. Responding to Mr. Contant, Mr. Harline stated that he could get the list projects that the City was working on to review by the following week. Mr. Anderson moved to recommend the framework be adopted as a non-binding item to offer guidance to the subcommittee ahead of the budget. The motion was seconded by Mr. Taylor and unanimously carried. Responding to Mr. Contant, Mr. Anderson stated that the motion was on whether or not the Committee wanted to adopt the framework presented but that it would have to be developed into a supplemental budget item which would come back before the Committee. Mr. Sudler turned the Chair of the Legislative, Finance and Administration Committee over to Mr. Anderson. Discussion - Infrastructure Submissions for State Aid (Councilman Andre Boggerty) Mr. Boggerty briefed the Committee on a meeting he had attended with Mr. Harline, interim City Manager, Mayor Christiansen, and Governor John Carney regarding infrastructure submissions for State Aid.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF OCTOBER 12, 2021 PAGE 4 Mr. Harline stated that $8,619,257 of American Rescue Plan Act (ARPA) funds had been allocated to the City of Dover because of the funding formula. There was also $932,000,000 in ARPA funds that went to the State for State projects and money went to the State to distribute to the cities on a per capita basis. He explained that, to the best of his knowledge, none of those monies had been absolutely allocated. Mr. Harline noted that the City had the projects he had described that night and the ones they were kicking around about Capital Green but staff operated on the direction of Council and it was his understanding that they would be having a debate and discussing whether or not to go forward with just infrastructure projects. He stated that during the meeting he had heard the Governor emphasizing the importance of housing. Mr. Harline explained that he had wanted to hear from the Council if they wanted to just offer the same projects that were described in the meeting with the Governor or if there were some important projects in housing that should be brought forward to him to continue the dialog. He noted that he was ready to bring whatever Council would like to the Governor to see if they could get a Cooperative Funding Project. Mr. Boggerty moved to recommend authorizing the Interim City Manager to send the housing projects that were discussed as well as any projects that, in his judgement, would fit the criteria to the Governor’s office and send a copy of what was sent to members of City Council. The motion was seconded by Mr. Rocha. Responding to Mr. Sudler, Mr. Harline stated that he had never asked for $11,000,000 without going to Council for approval. He explained that there had been a wait because Councilman Anderson and Council were having deliberative discussions about how they wanted to distribute and use ARPA funds. Responding to Mr. Neil, Mr. Anderson stated that the Information Technology (IT) Department’s request for $86,200 to cover the next two-years for cybersecurity and third-party non-profits requests would be sent to the Governor’s Office for consideration Responding to Mr. Hare, Mr. Anderson stated that if third-party non-profit requests did not come through from the Governor’s Office, they would be requests made for ARPA funding from the City of Dover, they would not be funded by City taxpayers. The motion to recommend authorizing the Interim City Manager to send the housing projects that were discussed as well as any projects that, in his judgement, would fit the criteria to the Governor’s office and send a copy of what was sent to members of City Council was unanimously carried. Proposed Approval of By-Laws - Dover Strong Fund, Inc. (Matt Harline, Interim City Manager) Ms. Lisa Chase, City of Dover Grant Writer, reviewed the background and analysis of the Proposed Approval of By-Laws - Dover Strong Fund, Inc. Staff recommended endorsing the by-laws as submitted. Mr. Neil moved to recommend endorsing the by-laws as submitted, as recommended by staff. The motion was seconded by Mr. Hare and unanimously carried. Annual Review of Investment Policy (Lori Peddicord, Controller Treasurer) Ms. Lori Peddicord, Controller/Treasurer, briefed the Committee on the Annual Review of Investment Policy.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF OCTOBER 12, 2021 PAGE 5 Staff recommended approval of the submitted changes. Responding to Mr. Anderson, Ms. Peddicord stated that there were no changes from the previous policy. Mr. Hare moved to recommend approval of the submitted changes, as recommended by staff. The motion was seconded by Mr. Sudler and unanimously carried. National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems (MS4) Computer Software Annual Subscription (Sole Vendor) (Sharon Duca, Public Works Director) Ms. Sharon Duca, Public Works Director, reviewed the background and analysis for the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems (MS4) Computer Software Annual Subscription. Staff recommended issuing a purchase order to 2NDNATURE Software, Inc. for the 2NDNATURE software to assist with the documenting and reporting for the City’s NPDES MS4 permit for the amount of $17,998.50 in FY2022 (to be budgeted for annually). Mr. Hare moved to recommend approval of Staff’s recommendation, seconded by Mr. Boggerty and unanimously carried. Update on North Bradford Street – Street, Sidewalk and Tree Plan and Consultant Utilization (Sharon Duca, Public Works Director) Mrs. Sharon Duca, Public Works Director, reviewed the background and analysis for the Update on North Bradford Street - Street, Sidewalk and Tree Plan and Consultant Utilization. Staff recommended utilizing Century Engineering to develop a Concept Plan for Street and Sidewalk Improvement for North Bradford Street in accordance with the Scope of Service and Cost Proposal received in the amount of $40,000 (fixed rate plus expenses). Mr. Hare asked that staff look into whether or not homeowners would be willing to sign something to relieve the City of liability if they wanted to keep trees that the City felt should be removed for safety reasons. Mr. Hare moved for approval of Staff’s recommendation, seconded by Mr. Neil. Responding to Mr. Taylor, Mrs. Duca stated that she could pass on Mr. Taylor’s safety concerns about overgrown trees blocking lights on South New Street to the Grounds Division of the Parks and Recreation Department. The motion to recommend utilizing Century Engineering to develop a Concept Plan for Street and Sidewalk Improvement for North Bradford Street in accordance with the Scope of Service and Cost Proposal received in the amount of $40,000 (fixed rate plus expenses), as recommended by staff was unanimously carried. Mr. Rocha moved to recess the Legislative, Finance, and Administration Committee meeting, seconded by Mrs. Arndt and unanimously carried.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF OCTOBER 12, 2021 PAGE 6 Meeting recessed at 8:00 p.m. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairman Boggerty presiding. Adoption of Agenda Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Mayor and Council Reports - July 2021 Mr. Sudler, Council President, reported that he was working with the Clerk’s Office to schedule some training sessions in the areas of proactive ethical behavior as Councilpersons, history of infrastructure challenges within the last four years to this period with former City Manager, Donna Mitchell, and an overview of the code enforcement daily duties, challenges, and tips for Councilpersons to convey to their constituents regarding reducing potential code violations and increasing community pride. Mr. Rocha, First District Councilman, reported that he had received a complaint of foxes sighted in Fox Hall West. He explained that the SPCA had referred him to the Office of Animal Control, who had referred the complainant to Critter Control which was a private company. Mr. Rocha noted that there was not an Homeowners Association (HOA) that would pay the cost associated with Critter Control and the complainant could not cover the cost they were quoted. He stated that he had given the complainant Police Chief Thomas Johnson’s email address and he would be reaching out to see if Dover Police Department may be able to assist. Mr. Rocha also reported on a complaint received about Mifflin Road on July 30, 2021 regarding trailer traffic that had increased. He explained that there were two signs but they were in a position where it would be too late to back the truck up and move. Mr. Rocha noted that he had been in conversation with Mrs. Sharon Duca, Public Works Director, about getting the signs moved or putting up new signs to make them more noticeable. He stated that the signs said no trucks over two axles with the exception of local services, so he needed to find out what the definition of local services was moving forward so there would not be a grey area. Mr. Rocha explained that the complaint also included speeding in excess of 40 miles per hour which he had referred to Mrs. Duca and Mr. Matt Harline, Interim City Manager. He noted that Mifflin Road was a State Road so Delaware Department of Transportation (DelDOT) must be involved. Mr. Rocha stated that Mrs. Duca had put in a request for Dover Police Department to conduct a speed study on the road. Mr. Taylor, Second District Councilman, reported that the issue of overgrowth around the waterways and tributaries he had brought forward previously had been taken care of and thanked Mrs. Duca, Mr. Harline and Mr. Hugg for getting it cleaned up. He explained that he and Mr. Hare had received complaints of PODS sitting in people’s driveways for an excessive amount of time. Mr. Taylor noted that he was not sure of how long they could be there but asked that staff look into it. Mr. Hare, Second District Councilman, reported that he had received a complaint about a tractor trailer parked on New Burton Road. He also noted that while it was not in the Second District, there were also trailers parking on the south side of Webbs Lane and leaving the trucks running. Mr. Hare explained that the south side of Webbs Lane was either the State or Camden’s territory so he was not sure if there was anything the City could do about it.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF OCTOBER 12, 2021 PAGE 7 Responding to Mr. Hare, Mayor Christiansen stated that Dover Police Department was trying to get the tractor trailers to move because they were parking all over the City. He also noted he had reached out to the State of Delaware Police Troop three (3) commander regarding Webbs Lane and they would be trying to get the trailers to move along and let them know they can’t park along those streets. Mrs. Arndt, Third District Councilwoman, reported that she had attended an tree ordinance webinar. She noted that Mrs. Duca had mentioned that the Forest Service had provided an overview and analysis of the Bradford Street tree project and there were several recommendations in the packet. Mrs. Arndt stated that she would like to ask staff to evaluate drafting a tree ordinance to codify some of the recommendations within the Forest Service’s report. Mr. Anderson, Fourth District Councilman, reported that there were visibility and security concerns downtown in the Reed, New, and Queen Street areas that included maintenance of some of the foliage there. He noted that there were also concerns with sidewalk maintenance on West Division Street between State Street to Kirkwood Street. Mr. Anderson stated that the sidewalk on the north side had deteriorated so greatly that parts of it were almost gravel and asked that staff take a look at it. Mr. Sudler, Fourth District Councilman, reported that he would be contacting Mr. Anderson later in the week to discuss preparing for a Fourth District town hall meeting to gain a pulse on current environmental issues that were reducing their community’s well-being by October 28, 2021. Mr. Boggerty, At-Large Councilman, reported that there had been a question of who was supposed to cut the grass by Dover High and it had been taken care of. He noted that there had also been a question of who was supposed to cut the grass by General Foods and it was taken care of. Responding to Mr. Boggerty, Mr. Harline stated that the school board believed it was the State’s responsibility to cut the grass so he would talk with the State about it. Mr. Rocha stated that he had the opportunity to visit the Hope Center in New Castle and they were willing to assist the City if it decided to do something similar. He noted that if it pleased Council, a time could be set up to do a site visit. Mr. Neil stated that he had been waiting to hear when there would be a ceremony for the new smart lighting system and asked that he be informed of what was happening and when the event would be held. Responding to Mr. Neil, Mr. Harline stated that there had been some technical issues with the lighting system but he was 99.9% sure it would be ready for the first Friday in November 2021. Mr. Hare stated that he had heard from residents that were not in favor of a proposal to bring something to the Delaware Auto Sales building on Division Street and mentioned that they may want to contact those constituents as it was within the Fourth District. Mayor Robin Christiansen reported that he had done the following: • Attended Council Meetings. • Attended Council Committee of the Whole Meetings. • Attended monthly meetings for the preparations for the Home for the Holidays celebration.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF OCTOBER 12, 2021 PAGE 8 • Attended preparations for the Old Dover Days festival. • Attended numerous ribbon cuttings. • Attended business anniversary celebrations. • Attended monthly Chamber of Commerce board meetings. • Attended Kent Economic Partnership meetings. • Attended Kent County Tourism meetings. • Chaired the City of Dover Economic Development Committee meetings. • Met monthly with local realtors. • Chaired the Kent County Metropolitan Planning Organization (MPO). • Met with the Kent County MPO Executive Director (monthly). • Attended Delaware State University functions. • Attended Delaware State University’s President’s Prayer Breakfast. • Worked with City staff on the Wesley College transition. • Entertained numerous potential new businesses to come to the City of Dover. • Attended Gang Violence Intervention Training. • Attended Downtown Dover Partnership (DDP) meetings and their subcommittee meetings • Attended Rotary on a weekly basis. • Interacted and networked with fellow citizens and business people who attend various functions. • Met with the City of Dover Police Chief, staff, and the Principals of Dover High School and Central Middle School concerning recent events of gang violence in the City. • Met with parents concerned about their children’s safety at Dover High School and other Capital School District schools. • Attended various functions in the community. • Attended neighborhood watch meetings. • Attended the Pride Festival. • Attended the Council on Police Training and their subcommittee meetings. • Met with a number of constituents and followed up when Council members were not able to. • Helped restore electric for people who had been done wrong. • Tried to mediate neighborhood issues and confrontations. • Participated in story time at the Dover Public Library. • Spent several hours checking speeds on the North Governor’s Avenue area and verifying that the issue would be put on an upcoming agenda. • Observed the Dover Post Office parking lot after receiving complaints. • Represented the City of Dover on the Executive Board of the Delaware League of Local Governments at their monthly meetings. Responding to Mr. Rocha, Mayor Christiansen stated that the traffic patterns on North Street and Queen Street as well as Bank Lane have all caused issues. He noted that the City would be contacting DelDOT because south of North Street and Queen Street was the State’s responsibility. Mr. Hare moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 8:30 p.m.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF OCTOBER 12, 2021 PAGE 9 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee reconvened with Chairman Anderson presiding. City of Dover Impact and Permit Fees - Capital School District (Matt Harline, Interim City Manager) Mr. Matt Harline, Interim City Manager, briefed the Committee on the ongoing discussion regarding Impact and Permit Fees regarding Capital School District. Responding to Mr. Boggerty, Mr. Harline stated that the City was working on an amicable solution to avoid the School District triggering the mediation that was provided for in the State Code. He noted that they were making progress but they were not there yet. Responding to Mr. Boggerty, Mr. Harline stated that per the Code, the City was not allowed to charge anything except for what was directly related to the additional growth. He explained that staff was trying to get a definition of what the final populations of the buildings were going to be and were waiting to receive that information from the school district. Responding to Mr. Boggerty, Mr. Harline stated that the use of “administrative” is usually an oversight, while the staff at the front desk does take the calls and filling out permits, the inspectors that go one site are a part of the actual cost so it wasn’t cut and dry and that was why they were trying to work out an amicable solution without having to go to mediation. Responding to Mr. Boggerty, Mr. Harline stated that the City would most likely have to pay if this went to mediation and generally everyone pays half. Responding to Mr. Contant, Mr. Harline stated that staff was going to develop a memorandum of understanding that explicitly stated that if the school district sold the building to a charter school or another business down the line, the new impact fees would have to come to the City to offset what was forgiven. Responding to Mr. Contant, Mr. Harline stated that staff was going to try to estimate based off the school district’s long-term plan and revisit this annually. He noted that they were going to try to make this as unburdensome on staff as possible without giving away City funds. Responding to Mr. Contant, Mr. Harline stated that the school district was building two (2) buildings but they were not adding total student body. The Legislative, Finance, and Administration Committee was adjourned by unanimous consent. Meeting adjourned at 7:58 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Neil and unanimously carried. Meeting adjourned at 8:44 p.m.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF OCTOBER 12, 2021 PAGE 10 Roy Sudler Jr. Council President RS/JMTS/mr/tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\TEMPLATES\CCW Minutes TEMPLATE.wpd Attachments Attachment #1 - Use of City and State ARPA Funds Memo provided by Interim City Manager Matt Harline on October 12, 2021

Attachment #1 Council Committee of the Whole Meeting of 10/12/2021