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COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on April 11, 2023, at 6:22 p.m. with Council President Sudler presiding. Members of Council present were Mr. Anderson, Mr. Boggerty, Mr. Hare, Mr. Neil, and Mr. Rocha. Ms. Arndt and Dr. Pillsbury were absent. Mayor Christiansen was also absent. Civilian members present for their Committee meetings were Mr. Tholstrup and Mr. Lewis (Parks, Recreation, and Community Enhancement), Mr. Shelton (Utility), and Mr. Shevock (via WebEx) and Mr. Contant (via WebEx) (Legislative, Finance, and Administration). Mr. Hosfelt and Dr. Short (Safety Advisory and Transportation), and Mr. McCutcheon (Utility) were 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 Sudler presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Lewis and unanimously carried. Annual Report from Silver Lake Commission (Weldon Satchell) Mr. Weldon Satchell presented a verbal report. Responding to Councilman Boggerty, Mr. Satchell stated that he has not seen an increase in the unhoused population when he has been out there. It is pretty clean, and they have not had any complaints, as far as he knows, that had to be addressed to them or that were brought to them. Responding to Councilman Anderson, Mr. Satchell stated that he is not sure. Mr. Satchell asked if they have even discussed the date yet for the annual cleanup. Responding to Mr. Satchell, Mr. Lewis stated that he does not believe the annual cleanup date has been set yet, but that he could be wrong. Mr. Anderson moved to recommend the acceptance of the Silver Lake Commission’s Annual Report, as recommended by staff. The motion was seconded by Mr. Boggerty and unanimously carried. The City of Dover Parks and Recreation Projects Update (Robin Eaton, Director of Parks and Recreation) Mr. Robin Eaton, Director of Parks and Recreation reviewed the background and gave an update on the projects that they are currently working on. Responding to Councilman Neil, Mr. Eaton stated that it is always a possibility of endangering the Hawk Grant that the City has received by delaying the skate park, but he has spoken to them and there is an application to extend the project. They would have to show them where they are in the project and then justify why some of the monies had to go to a prior project that were on the docket before

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 2 the skate park. He means that these are the types of things that they say they are hearing everywhere because even the skate parks themselves have increased in cost. So, people thought they had enough money for skate parks and did not. So, they have had to kind of step back and do the same thing but there is an application for an extension that they can put in and they will do that. Mr. Eaton stated that he agrees, and it hurts him that it seems to be what they have to push back. He does not want to push any of them back, but they have pieces in all of them, and to complete some of them he has had to utilize that money. Mr. Eaton stated that it is inflationary and that he was at the Parks and Recreation Conference when he received the results. He spoke to some people in the know and they said that most projects were coming in double their estimation. Responding to Council Rocha, Mr. Eaton stated that he has an idea, but he is not going to talk about it this evening. Mr. Eaton asked Mr. Rocha to reach out to him to discuss his ideas. Mr. Eaton also stated that it could be next spring before they have a different type of surface for the walking trail around the park. Committee action is not required. Evaluation of Proposals - Dover Park Building and Spray Pad (Robin Eaton, Director of Parks and Recreation) Mr. Robin Eaton, Director of Parks and Recreation reviewed the background and analysis of the evaluation of proposals for the Dover Park Building and Spray Pad. Staff recommended awarding the contract to Kent Construction for the erection and construction of a building and spray pad at Dover Park RFP #23-0009PR, for $2,067,557.00. Delay Project #PR2302 Project Name: Schutte Park Skate Project to FY 25 and seek additional funding sources during that time. Mr. Neil moved to recommend awarding the contract to Kent Construction for the erection and construction of a building and spray pad at Dover Park RFP #23-0009PR, for $2,067,557.00. Delay Project #PR2302 Project Name: Schutte Park Skate Project to FY 25 and seek additional funding sources during that time, as recommended by staff. The motion was seconded by Mr. Boggerty and unanimously carried. Mayor and Council Reports Council President Sudler Council President Sudler stated that he had met with Delaware State University’s representative Ms. Roberts, who works in the Agriculture Department, to discuss the certification requirements for their students regarding the workforce initiative for the water quality approach between Delaware State University and the City at Dover. They are still working on their certifications. Council President Sudler stated that he has worked with Representative Sean Lynn to discuss some downtown Dover concerns regarding vacant buildings, possible new approaches, and ordinances that could help more individuals be attracted to the downtown area and bring more businesses. Council President Sudler continued to state that he has spoken with one of the barbershop owners in downtown Dover and they have expressed their concerns regarding New Street. When you first come on New Street, on the left side if you are coming from Loockerman Street going downtown this way, when you turn onto New Street from the right, on the left there is an apartment building that sort of

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 3 sits in the back in a little cul-de-sac and they had some concerns in regard to some possible activity, unlawful activity going on back there. So, they asked that the city takes a look at that moving forward. Also, Council President Sudler spoke with Mr. Marion Lott last month regarding people congregating in front of his house on Reed Street. Mr. Lott has asked if the city could have a little bit more police presence if they could spare some officers he would very much appreciate that. Council President Sudler stated that he had met with Rail Haus Beer Garden along with Councilman Rocha to discuss some of his concerns regarding the development process on West Street, and he took notes. Council President Sudler explained that he met with the Director of Planning and Zoning to discuss some of the concerns of Jeff Young and Sean Lynn, Esquire, regarding 304 South State Street and the condition that the building is in. First District Councilman Rocha stated that he marched in the St. Patrick's Day parade. He attended and spoke on the mayor's behalf at the Vietnam Veterans Day that was held at Levy Court. Councilman Rocha also attended the Capital City 2030 presentation at Levy Court. Councilman Rocha noted that he also attended the council retreat. Councilman Rocha mentioned that he had a meeting with DSU Public Safety Deputy Chief Joi Simmons regarding some of the activities that the city is trying to strategize for the safety of the students at DSU. Councilman Rocha also attended the Hope Clinic Gala at the Modern Maturity Center in attendance with Councilman Hare, Councilman Boggerty, and Councilwoman Dr. Pillsbury. Also, as Council President mentioned, he did a walkthrough of Rail Haus, the new beer garden on West Street. Second District Councilman Hare stated that his report was much like Councilman Rocha’s. Councilman Hare attended the council retreat and the Hope Clinic Gala at the Modern Maturity Center. Third District Councilman Neil stated that he attended the Library Foundation meeting and that they had not had one for quite some time. He also attended the Downtown Dover Partnership doubleheader, one at 7:30 AM at City Hall, and then the second one at Kent County Levy Court when they introduced to the public the Mosaic Plan. Attended the retreat in March and he also attended the public hearing on the six-way dilemma that they will be talking about later on this program along with Councilwoman Arndt. That was held here at City Hall, and that followed several email exchanges with the neighbors following that meeting, with questions and the like. Councilman Neil noted that he attended the Habitat House dedication at 101 South Queens Street. He was interviewed by WBOC on the possible move of the Delaware Thunder to Dover, after which he was told not to quit his day job. Councilman Neil stated that he had individual constituent complaints as well. One was from St. Francis Ambulance Service. They had sent a bill to one of my neighbors, and the problem will be resolved, hopefully, fingers crossed. Councilman Neil stated that Persimmon Park Place’s infrastructure has had a bottleneck. At one point, they lost state funding for that, because again, it is one of those places where the water is terrible. It comes up from the ground, it will not disappear, and it needs extensive work. In the process of talking to the manager of the community, the homeowner's association, and then talking to Jason Lyon, he believes they have got this thing moving. At least his understanding is the go-ahead is going to be there so that hopefully they can get that resolved. They also needed help with the speeding, and he turned that over basically to the police department to work it out. Councilman Neil received

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 4 photographs of third district potholes and holes. He thanked Public Works for their fast action. Mr. Neil noted that they owe thanks to Mark Nowak for the quick service there. Speeding in Wild Meadows, his community, was less successful, as management rejected the portable sign because it was for 25 miles per hour and the speeding in the community is 15 miles per hour. They said, "Well, it cannot get down to 15 then take it out." Then there was damage from an electrical surge complaint that he received. Mr. Neil turned that over to Paul Waddell, who supplied the information to the constituent. Fourth District Councilman Anderson stated that he wanted to start by thanking the staff for excellent and quick responses. They have done a tremendous job. Whenever there have been complaints that have been brought up, they have been resolved pretty much within 48 hours if they are simple complaints, whether it is taking care of assigned repairs or lights or trashcans. Councilman Anderson stated that he has had numerous constituent complaints and or requests but that he will not even go into them all. He can truly say that every one of them has pretty well come out satisfied, and he just wanted to make sure that this is on the record. Council Anderson noted that he did not have anything to report for the neighborhood watches last month. Instead of being on their normal night, it ended up on a Tuesday night, which is the same as the Council Committee of the Whole meeting, so he was not able to attend either the Hamlet or the downtown neighborhood watch. Councilman Anderson explained that he has also had opportunities to communicate with the DDP and other organizations about strategies to make sure that the city is coordinated with requests from the state, and that it is clear that they are seeking not to compete with each other when it comes to bond bill money. That is part of a package because he thinks without that, sometimes the state bond bill committee can look at it and look at if they do not go together, but they can give to one and not the other. If they are all in solidarity, it helps their negotiating position a lot more. They also had very productive meetings, and he wanted to thank Mr. Hugg and Ms. Duca. The results of course came by tonight, trying to make sure they got the wage study implemented and front-loaded as much as possible, and what the jobs that they all did. He wanted to applaud them on that because it needed to be done. Now they have to get to work on a supplemental budget before May 1st, so expect more appointments, because they have got their work cut out for them, but it is worthwhile. At-Large Councilman Boggerty stated that he did also attend the Hope Medical Gala in line with Councilman Rocha, Councilman Hare, and Councilwoman Pillsbury. There is a new organization, or it is new to the area, that he will be partnering with to help homeowners. Council Boggerty noted that he was going to bring Councilman Neal in, but that he just learned about it. NAREB, which is the National Association of Real Estate Brokers. Their goal is to help individuals who are in the process of either losing their homes or trying to find affordable housing to become homeowners. They have a chapter here, and he will be bringing them in front of council to present. So, individuals who find themselves in that situation can contact NAREB, they have a ton of resources for them. Councilman Boggerty stated that he was able to attend that inaugural event for their chapter. Also in conjunction, and he is pretty sure they must have crossed each other somehow but responded to the Reed Street matter with a constituent. It looks like someone was illegally dumping. He communicated with the City Manager and the Assistant City Manager, who responded, and he was able to provide a lease update to the constituents regarding that area in illegal dumping. Mayor Christiansen

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 5 Mayor Christiansen was absent. Mr. Sudler moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 7:07 p.m. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Council President Sudler presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. US 13 Speed Reduction Associated with US 13 Pedestrian Safety Study (Sharon Duca, Assistant City Manager) Ms. Sharon Duca, Assistant City Manager, reviewed the background and analysis regarding the US 13 Speed Reduction Associated with US 13 Pedestrian Safety Study. Staff recommended Council support the proposed speed reduction from 45 MPH to 40 MPH between Scarborough Road and N State Street. Responding to Council President Sudler, Ms. Duca stated that Scarborough Road is at the Route One interchange to the north near DelTech. It is currently 55 mph, north of that interchange, the proposal is actually to taper the speed down towards West Rustic Lane, where the Lowe's is, down to 40 MPH and then maintain that down to State Street. Responding to Councilman Anderson, Ms. Duca stated that they have Sonya LaGrand and Wendy Carpenter present from DelDOT. Ms. Sonya LaGrand stated that their philosophy is that the speeds need to be lowered first before they look at some of the other pedestrian treatments. As a part of this assessment, they did look at the different crosswalks in some of the pertinent areas, like near the Red Lobster and some of the locations where there is high pedestrian traffic. They assume that the issue is that Route 13 has many lanes, and people need refuge areas to be able to cross. So, the lower the speeds, the less severe crashes would be if incidents happen, and they are looking at speed zones. So, you have the Scarborough Road North area, which is 55 or so, and then, if they break down from Rustic to State Street where they are proposing 40, and it would be from that point on until you get closer to the Camden area. They are just trying to make it a smoother transition, but they do echo the fact that it does take enforcement to come against the speeding issues. That is the main thing, but their philosophy is that at least try to lower the speed so that maybe pedestrians would make better decisions and would feel safer when they are crossing. Responding to Councilman Anderson, Ms. LaGrand stated that the document that she had shared with Ms. Duca had all of the things that were looked at. It has lighting, crossings, and crash analysis. So that is something that council and committee can review. The meeting was held in 2019, before the pandemic and it was multi-agency. So, the state police were there, DelDOT, members of this city's authorities, and then they had just a various amount of the bike/ped representation. So, this was a combined effort. So, several recommendations came out of the study, and this is just one piece of it, to lower the speed limit. So, she does not know if she can share that with council. Council can read

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 6 through and see all the things that they have looked at, but they are trying to take a stepwise approach to things. So, the first step would be this reduction in the speed limit, and then several other things are in the works with some of the other recommendations that were made. There is a matrix that shows it is also on their state website for DelDOT in the safety section, where council can see the different pedestrian audits that they have done. It is just over some other areas throughout the state where they have done pedestrian audits. So, she believes that there is a comprehensive overall, but this is just one piece of it. Responding to Councilman Rocha, Ms. LaGrand stated that it would start at Scarborough and down to Rustic. She does not think that is much of a distance but that area, she believes, is 45 now. So, from 45 to 40. Ms. LaGrand stated that Councilman Rocha is correct in stating that once they go through the light, they have to go from 55 to 45. Then by the time they get to Rustic, it will be 40 mph. Ms. LaGrand noted that they would have to add additional signage. So that would be after it gets approved, they have a resolution signed and then have the signage installed. Responding to Council President Sudler, Ms. Duca stated that he is correct by saying that there is no cost to this, as it is just basically more safety measures being added. Ms. Duca stated that she will provide the overall report to the Clerk’s office and that it includes all the other associated projects and that type of thing. Ms. LaGrand wanted to add that she is guessing that since they brought up the cost, she thinks that a lot of the projects that are listed would have to be funded and programmed, but that the speed limit change is something that is low cost and can be done quickly. So that is one of the reasons why they started with that as well. Mr. Hare moved to recommend the acceptance of the proposed speed reduction from 45 MPH to 40 MPH between Scarborough Road and N State Street, as recommended by staff. The motion was seconded by Mr. Boggerty. The motion was denied by a vote of 5-5 with Mr. Anderson voting no. (Dr. Jackson, Mr. Hosfelt, Ms. Arndt & Dr. Pillsbury were absent) Review of Traffic Calming Options for Governors Boulevard, Ross Street, and N Bradford Street (Sharon Duca, Assistant City Manager) Ms. Sharon Duca, Assistant City Manager, reviewed the background and analysis regarding the Traffic Calming Options for Governors Boulevard, Ross Street, and N Bradford Street. Responding to Councilman Boggerty, Ms. Duca stated that on page 13 of the packet, they are looking at adding the crosswalks at the intersection. She also wanted to note that for any of these options with the crosswalks, ADA compliance at the intersections will have to be examined before they can go in. So, there could be some sidewalk work required. There is also the defining of the stop bars at the intersection for the four stop signs, there are edge line extensions to help better define the roadway for the moving traffic. Then, of course, the additional signage to alert regarding pedestrian movement. Ms. Duca explained that it was not quite exuberant for or against. One of the key things is this option kind of runs its way through all the other options. It was discussed particularly when option 1D was brought up with the delineators that at a minimum this should be performed to better define the area so that it can be seen where they are going. Responding to Councilman Neil, Ms. Duca stated that from what they gathered from the meeting that 1D was the most popular option, which was not on the table at the time. Then they went back and tried

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 7 to formulate that, where the center line of governors has the delineators, and it cuts out people with the cut-through traffic. She knows that they made a lot of comments about the signals in the area and people being able to see if a signal is about to turn red and they would quickly make a change of their pattern. So, if they eliminate some of the cross traffic, then that would be the most popular that they thought that they had witnessed. Responding to Councilman Anderson, Ms. Duca stated that she would say they are all about equal except for this traffic circle. That one, she thinks that the policemen or the fire company scared everyone on that, but the others are pretty equal and would have some benefit. Staff recommended City Council discuss the options proposed by DelDOT, taking into consideration public input received at the workshop, to select one of the options proposed. At a minimum, Alternative 1A should be selected for implementation. The option selected should be evaluated by DelDOT for effectiveness after six (6) months. Mr. Neil moved to recommend the acceptance of the proposed traffic calming option 1D, as recommended by staff. The motion was seconded by Mr. Hare and unanimously carried. Mr. Sudler moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 7:45 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Sudler moved for adoption of the agenda, seconded by Mr. Hare and unanimously carried. Rail Haus Beer Garden Waiver Request - Donny Legans (Jason Lyon, Director of Water Wastewater) Mr. Jason Lyon, Director of Water and Wastewater, reviewed the background regarding the Rail Haus Beer Garden Waiver Request with council. Responding to Councilman Rocha, Mr. Lyon stated that they thought that it was an ADA compliance sidewalk. He did not go out to the site because that is not their typical process to do that. They reviewed what plans they had in front of them, so they thought it could have been flat in that area and then sloped down for the driveway. They have plenty of instances of that in the city. Responding to Council President Sudler, Mr. Lyon stated that he is correct in regard to the skirting being one foot by eight point eight feet four inches wide. He also stated that Mr. Sudler was correct about the other apron being 60 feet with four or five feet of disturbed width. Responding to Council President Sudler, Mr. Lyon stated that per the code, anything that is ripped up in that concrete area, anything that is non-compliance next to it. So, the remaining non-disturbed area is still greater than two percent and that is a pedestrian walkway. It needs to be replaced and that is the way the code is written. Mr. Lyon noted that he can certainly provide that information. Mr. Lyon stated that there are other portions of the code that says, and not just stuff that gets disturbed, but stuff that

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 8 is redeveloped that requires it to be put up to standard. It is in Appendix B, Article Five. He noted that he can certainly send this to the city clerk if needed. Responding to Mr. Anderson, Mr. Lyon explained that he can certainly sympathize with this situation. He has brought many change orders to this floor from unforeseen situations for city projects. He gets that change orders are no fun and that he will defer to his supervision about their ultimate question about what they can do to make this fair. However, he stated that he will say he believes the solution that he provided about utilizing their contractor will be the most financially prudent. Mr. Lyon reiterated that the plans have statements on there saying that all the routes will meet ADA compliance. Now it was not outlined by the engineer what areas that included, but the note says all routes to the building shall meet that. Mr. Lyon agreed that he could have been way more proactive. So, to answer Mr. Anderson’s question, he deferred that one to his supervision as far as the financial obligation to that. Mr. Lyon noted that he did want to echo that and that he thinks they could partner certainly with utilizing their consultant and their contractor. Responding to Councilman Boggerty, Mr. Lyon stated that on the private side, on the sheet that they were looking at, the screen from the parking lot in the rear entering the building would be ADA as well. Responding to Councilman Neil, Mr. Lyon stated that it would be approximately $7,000 to do it under the city’s contract. Responding to Council President Sudler, Mr. Lyon stated that in regard to the apron and walkway they are within the city’s right of way. Mr. Lyon stated that it is the responsibility of the developer to create the improvements based on their site development plan. Mr. Lyon explained that the city’s ADA plan includes, and is federally mandated, that the city has an ADA plan. When they pave a road, that is their trigger to bring everything up to code, right? Now, the city also has a sidewalk repair program that is housed in the Department of Public Works. He does not feel comfortable speaking about that. That should be a Department of Public Works matter and they have a certain operational budget to take care of that. He guesses that this is on the list along with thousands of other linear feet throughout the city. Donny Legans, owner of Rail Haus Beer Garden stated that hopefully, in July or August, they will be having some steins there. He does echo Mr. Lyon’s sentiment that dealing with the city and working with him has been great. So, he cannot wait to tell other entrepreneurs and small business owners what he has been doing with the city and hopefully, they can come to a resolution on this matter. So, he knows that on the agenda, it says a waiver for this, but what he is asking for is to stick to the plans that they had gotten approved. Part of this process was going through the Development Advisory Committee. They got approval comments from every agency in the Department from the city: Wastewater, Fire Marshal, Kent Conservation District, it goes on and on and on and that was November of 2021. Based on those comments, Mr. Legans stated that he hired the best engineers in the city to work on this project. So, they went back and forth making sure that they addressed all of the comments and then they put this in front of the Planning staff to make sure that they addressed it. So, it is a check print and they made sure that they addressed everything. The Planning staff comes back and says, address this, and address that. They finally got that. And that was approved in November of 2022.

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 9 Mr. Legans explained that after that, they had to get their building permit. So again, he has his engineers, they do all that work and then they get your signed permit, his documents, and then he has another meeting called a pre-construction meeting with those same agencies around the table in this very building and they talk about everything from the type of pipe that goes in the ground where it enters and all these things. So, on their plan, they show where the utilities come into the property, it says on their existing sidewalk and then there is that shaded area that looks kind of brown right now and it says R2 or maybe R8 on there, and that is remove and replace. So that was the only area they were going to remove and place. They are going to keep the other sidewalk as is, not disturb it, and not replace it. So, they are now in week 11 in the construction project and part of all this before they even get to this point, he had to get his general contractor who is also based in downtown Dover, Tidemark, to bid out the job. So, they bid out the job according to these plans that were approved by the city, stamped, and so on. So now this is a change order based on something that was on the plans that were called out unidentified and so he is just wondering where does it stop? This is a huge burden on a beer garden, a restaurant, and a bar. The industry already operates at the margins then to put this on in week nine, or ten in the middle of this project and their prices are a little ridiculous. Earlier in the meeting somebody talked about inflationary pressures. They are getting the same thing too in the restaurant industry, but it is called out in the plans. Mr. Legans explained that they had designed this project to be completely ADA-compliant so that there are no steps at all. So, when someone comes through the parking lot or they come through the existing sidewalk, that was fine 10 weeks ago before they touched it, there are no steps inside the entire project for people with strollers, wheelchairs, or walkers. So that is the design. That is kind of where they are going with this family-friendly, dog-friendly beer garden restaurant. When this came out it kind of threw him for a loop because he thought it was called out. So, he immediately called John Street at Becker Morgan and said, "Hey, what is going on here?" He was like, "Well, they can do what they want." So, this is him fighting as nicely as he can, and he thinks it is unfair. As the other councilman mentioned earlier regarding the process of this burden, that got dropped on his lap in the middle of this construction project. Mr. Legans stated that if this was mentioned at any of those three meetings or several meetings before, they would have simply brought the utilities to the driver’s apron. They would have moved it three feet and come to a flat part of the sidewalk and this would be a moot point. This apron would never have been touched. Neither of the aprons would ever have been touched. They are talking about three feet. If somebody had just mentioned it once, they could simply have it slid over. So, they brought it in where it is because they had to get a sprinkler system that was also not brought up at the DAC meeting but was brought up later on. They caught it during the construction document phase, going back and forth for planning. So, several things cost him four months and $60,000 just for the sprinkler system. Then this is an additional cost that he does not want to stand for. So, if there is a solution that they can come to so that all of this is ADA-compliant and it does not cost him anything, he is all for it. If there is a mistake by city agencies and it costs him money, then he just cannot agree with that. Responding to Mr. Shelton, Mr. Legans stated that these site plans were improved in October 2022. The building plan was a few months later and then they had a pre-construction meeting with all the different agencies in December of 2022. They started construction around January 23, 2023, but they were notified of this change a few weeks ago. After roughly three months into the work. Mr. Legans stated that they are basically looking to the committee to stick to the plan. Mr. Legans stated that on the plan, they have a section where the utility comes in and that concrete section is disturbed. They were going to replace it. They have a pipe going through it already. They are going to put concrete

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 10 back on there and it will be just as smooth as it was before it just may be discolored because it is newer concrete, but you would never know it. Responding to Mr. Shelton, Mr. Legans stated that he had received two quotes from his site plan which is doing a parking lot or has done a parking lot already and they are at $15,000 for the cheapest option. So, the $7,000 that he just heard today as a surprise to him and $23,000 if they want to actually raise the curb since they are not using an apron at all, it is just a bike lane and people can hop up off the curb with their bikes. That one was $23,000. Responding to Mr. Shelton, Mr. Lyon stated that as he had mentioned earlier, he strongly and emphatically disagrees with the waiver because it is a federal requirement. Now, whether they figure out who pays for what, that is a different story. The specification should not change. Respectfully, he does want to say that he does not think that the city made a mistake. He said he should have been more proactive. There are statements on the plan that say that every concrete should be made to ADA compliance. Now, it was not outlined, but there is a statement on the plan. Now, the specification should not change. It is federally mandated to have that slope. The city cannot change that and that is what was provided by Becker Morgan. Responding to Council President Sudler, Mr. Legans stated that Tidemark is their general contractor and Dixon Construction does the site work. So, they are doing all the concrete work. Their part of the bid with him was to do that portion that was done right but if the city wants to make that all ADA- compliant and bring that curve up, was that $7,000 part of bringing the curb up to compliance? Responding to Mr. Legans, Mr. Lyon stated that the amount does not include bringing up the curb to compliance. The sidewalk would be raised up to be flat and then the backfill would be sloped down with topsoil and seen. Responding to Councilman Rocha, Mr. Legans stated that he wishes he would have received that option earlier. The options that were presented to me were, if he did not do the work then the city would do it and put a lien on your property. So that is kind of what he was dealing with from the city. This has been since December 2020 of getting the site change, land use change, rezoning, permits, and everything. Not once did someone walk the site, but it is still $7,000. Now, he can use that $7,000 for many other things to build this out. This is a huge project, and it is a huge win for Dover once they open it up. He did not want to spend a dime on this sidewalk. If the city wants to use a contractor to do the work, he is all for it and they foot the bill. Responding to Council President Sudler, Mr. Legans explained that it will just be a change order. They pay in phases and each month they have a drawing. He told his contractors to stop. So, they did not do anything on that sidewalk. They took it out already. So, if they told them not to do the topsoil or the top concrete on there, that is already disturbed. So, in their contract, they're going to come back and fill it in. Responding to Council President Sudler, Mr. Lyon stated that the concrete on the right side of the picture that council is looking at says grass would be ripped out. The concrete on the left side near the road would be ripped out and would be backfilled. He believes their plans called for concrete to be put in there. So, concrete would be put in per the plan, per Mr. Legan’s contractor as originally prescribed. Then the sidewalk would be, he guesses lifted is the right word. The part closest to the road will be a little higher to match the flatness of the sidewalk to the north side.

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 11 Responding to Mr. Lyon, Mr. Legan’s stated that is normally how it works in contracting. Typically, if a contractor saves them money, they do not save the money. So even when you do change orders, my general contractor takes 15% to manage that change order. The contractor does not give you money back because you have to put the concrete down there. He is completely open to the city's contractors, and the private contractors to do that work where it is grass and sidewalk all the way through on both aprons just to make that ADA-compliant to go hand in hand with the rest of the project inside the building. He would need something in writing and then they have to figure out who pays for it. Mr. Legan believes that he is still on the hook for that $7,000. Responding to Councilman Rocha, Mr. Legan stated that the curb one upright is more expensive. The one where they rip out that concrete and then put sod or seed there makes it that, he forgets what it is called. The no man's land, the grass strip, they can make that grass, they make the other one grass. They basically match the sidewalks on either side of the top part of the image and the bottom part of this image. Yeah, no, he completely understands what is at stake here. Responding to Council President Sudler, Mr. Legan stated that just to be clear, if they fill in that work as it is now, he thinks what Jason Lyon said earlier was that must be at ADA standards, so the slope is going to be slightly different than the areas next to it. That was not his understanding. The understanding was that they were going to fill that directly as it is today, how it was 10 weeks ago. So hopefully, that does not affect his getting a certificate of occupancy when it is still at that greater than 2% slope. That is what he wants to do. Mr. Legan noted that that is what he is looking for as a waiver, which sounds kind of funny because that is what is in the plans, and if they could not do that and if the city wanted to do the work, he is all for it. It would not affect him or his contractor, but he is not sure who is going to foot that bill, which is the other part. If they wanted to not do the fill-in and actually bring it to ADA. Mr. Sudler moved to recommend approval of the Rail Haus Beer Garden Waiver Request. The motion was seconded by Mr. Hare and unanimously carried. Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 8:38 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Shevock moved for adoption of the agenda, seconded by Mr. Contant and unanimously carried. Code Purple Kent County - 401 W Water Street Site Plans (Sue Harris, Code Purple) Ms. Sue Harris, Code Purple, reviewed the proposed residential facility at 401 West Water Street. Responding to Mr. Rocha, Ms. Harris stated that there will be 18 units. They would be connected all together, but the plans have triplexes and even quadplexes. So, they are looking at some very nicely designed triplexes that are hooked together and then they will hook all of them together to be one full

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 12 unit. So, it would be 18 units complete. Ms. Harris stated that this would be a full-time transition for residents. This would either be full transitional housing, depending on what council approves of tonight, or permanent affordable housing, if that could be rezoned. Responding to Mr. Contant, Ms. Harris stated that he is correct in that the City of Dover currently owns the property. Responding to Councilman Neil, Ms. Harris stated that Mosaic had come and met with them, along with some of the other homeless, Jeanine with Dover Interfaith, and so there was a whole group of the homeless there. So, it was not anything specific about this particular lot, but they are very excited and anxious to hear about any other plans that will help their project move forward. Mr. Dave Hugg, City Manager, stated that he does not have a lot of history on this project. His understanding is that when the city acquired that block, they acquired it with the idea that it would accommodate, for some time in the future, the public safety needs or at least the police department’s needs. They have not looked at it, in addition to the police department building at this time, but that is the only portion of that property that still could be available for expansion of the police operations. Mr. Hugg reminded council that a couple of years ago they relocated the impound lot, which used to be out of the back of Schutte Park, into that complex, so that is part of that police department location. He has had some discussions with Ms. Harris about her plan and the design. She did not indicate, and he does not know for sure what the proposal is. His understanding is that she was hoping the city would either lease it at a very low rate or grant the property to Code Purple for this purpose. Tom Johnson, Chief of Police, stated that he needs to preface his remarks from the standpoint of, one being consistent and two, also acknowledging the purpose, he believes for what is being requested here. They have been unconscious for the last three years. If they have not heard Mr. Neil talking about the need for affordable housing if they have been attending council meetings. If he can drift into the mission of the police department and where their priorities are, particularly with their behavioral health unit, which while they do their work, a good deal of the clients that they service are in an unhoused condition. So, they are kind of sensitive to that issue. Chief Johnson explained that he needs to return back to the same position that he took more than a year ago when the Interfaith Mission was a topic for this particular property and the concerns that he had raised at that time. Chief Johnson continued to explain that at-risk individuals being placed directly next to a public safety complex, particularly a police department, creates challenges. They have uncontrolled situations that occur all around that building. They have custody exchanges that go bad. We have people that flee to police headquarters to seek assistance. They have high-speed driving, to and from the location, when it relates to emergencies. There are huge challenges. A prisoner breaks away from an officer trying to take care of business in the back of headquarters. The list could go on and on. So, from the idea of collateral damage that could be created by an event occurring, he has concerns about that, and he just had to say it out loud to council. From a practical standpoint, a chain of custody, crash vehicles, and homicide vehicles are things that can be and are called into question during the court process. The prior situation, which was resolved just prior to his appointment, had a chain of custody issues, had damage reimbursement issues. As far as vandalism that was occurring at the previous facility, which is why bringing it to where they could watch it and secure it, there have been zero problems with impounded vehicles for all the various purposes that they have needed to store at headquarters since they have got it to the adjacent property.

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 13 Chief Johnson stated that they are in constant competition with the adjacent judicial court for parking and available space to accommodate normal business. When it comes to the function of training when it comes to their future expansion needs. Since the academy has been stood up, its future growth area has grown, and they are just about out of square footage. The next need that he has is whether that be parking, whether that be a pole barn for perhaps evidence storage or another addition to their mission, he could give council a huge list of potential uses. What he does not have right now is exactly what they think they will need that property for in the next year or two. That history has not been written yet. So, he is just trying to respect the prior conversations and the proposal in its form now with the idea that, philosophically the police department is not in opposition to the philosophical issue that was brought before council, but this creates problems for them and also takes away their last options, as far as available square footage. Chief Johnson does not know what they are going to do when it comes to impounded vehicles if this was to occur as proposed. Then the additional space that was mentioned encroaching on our academy training area. Responding to Mr. Contant, Mr. Hugg stated that the existing zoning is an institutional and office zone, which would allow transitional housing and those kinds of things. They had indicated tonight, he had not actually thought about that, a potential to rezone so that they could allow individually owned single-family homes. Responding to Mr. Hugg and Mr. Contant, Ms. Mary Ellen Gray, Planning Director stated that she just wanted to say that this is preliminary to discuss a specific plan, although the plans are lovely that they are looking at tonight, so they have not been able to do a review. In an institutional office zone, there is no specific density, it will depend upon the land area and bulk standards. It is specific to single families; only single-family units can be put on there. So, it would depend upon how many single- family units could be placed on the property with the proper fire lanes, the proper setbacks, and the other performance standards that are required for the development. So, it would depend upon the layout. Responding to Ms. Gray, Mr. Contant stated that he knows that she said that they do not even have a preliminary plan yet. Again, it looks like the presentation that they gave was a bit different than what was included in this. That area seems very tight to be able to fit, at least according to the code, how many parking spaces they would need, and stormwater management. He knows that they said that the one parcel up against Queen Street would remain a ditch, but he is not sure that they could excavate that enough before adding the water table to account for the compensation of all of the other areas taken up by nonpermeable services. Mr. Contant noted that he will state his questions and for when they come back with another actual plan for this whole area. Preliminarily, he would just say that he would not be in favor of putting it here but that he does like the idea. Obviously, homelessness is an issue in the City of Dover and he would love to work with them to try to find a better location for this, but he does not think that this location is it. Ms. Harris stated that she would like to just address a couple of things that came up. The first thing they would be presenting, she did not bring it, would be a lease similar to what was given to Dover Interfaith, 10 years ago. She thinks it was a dollar a year for 10 years or a donation, something like that, whatever would work out. Addressing, talking about it being in a spot a little too close to the police station stuff. She figured with Queens Manor right there and they have a whole lot more people. All senior citizens in there, that really is a much closer location to the front door of the police station than this would be. They think it is the ideal spot, just because it is safely situated next to the police station, within walking distance of the hospital, stores, and especially the bus stop.

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 14 So that is always a piece that is brought up, anytime that they bring this up. This is so perfect, as far as all of that is concerned, and they want this to be a pilot village that will prove to everyone how well this can work. So being next to the police station, she thinks, would just help in that, is that every bit of eyes could be on this site. The only reason this was brought up was because Councilman Sudler brought up that they offered this site to Dover Interfaith and Code Purple thought, well they would like that offer as well. She has researched, in the past eight years that she has been coming in front of council, unbelievable amounts of property that the city owns. Joe Burden properties, anything. They are ready and she is willing. Ms. Harris noted that Mr. Hugg had mentioned that he would look to see if there was anything other in the city. They are way open to anything that is offered, available, or that they can make use of. So that is not a problem. They are not really stuck on this site but when those words came out of his mouth that one day, they had light bulbs come on and said, "Well let us see what we can do." Jeanine already with her $5.6 million. She is putting up a lot of emergency and other shelter beds. It is wonderful what she has got and what she has got going on. So, they really do not need more emergency shelter beds. Ms. Harris explained that they need transitional housing, they need housing, they need an outlet. This is like laundry, piling up from your teenager, until you figure out how to get them to put that stuff away in the dresser drawers, in the closets, the laundry is just going to keep piling up and be dirty. That is what these guys are doing. They are piling up, they are getting dirty and they get them halfway cleaned up. They get them a little bit straightened up, get them on the right path and they are back on the street because there is nowhere for them to go. So, until they figure out places like dresser drawers and closets, where they can put this laundry, it is going to keep piling up and getting dirty. They know that there is a lot more need and that 18 seems like such a drop in the bucket. They do not want more than about 18 or 20 in one spot. They do not need the projects. They do not need great big housing things, that are going to put 50, 60 folks in one area that will become nothing but trouble. They need small, blended-in communities all around, that are blended in with the rest of the community. They do not need to all be put into one place that does not really work. Again, an additional site, they are open to it. Council’s questions about building use and what can be transitional housing. This is registered, this is zoned for transitional housing, and she is confused, they need to explain to her, in the code, a dwelling unit is described as a building or an entirely self-contained portion thereof. Ms. Harris asked council to please explain what that means. If it does not mean, 18 individual units within a single building or however many. Everybody seems a little okay if we go straight up and we put 18 apartments in, but we want a single level, we want this a much happier individual type of a place. They do it for senior citizens all over the place. So, this is just simply an apartment building but on a single level and they are all connected, and it really would be no different than that. So, she believes that it would be approved according to the zoning, by the way, she read it. Someone would have to explain what that means if it does not mean that. She said that this was zoned for only single- family homes. That is not true. It is zoned for single dwellings, but the dwellings can be within a building. That is her argument for that. So that is what people are saying about whether this would fit. It is measured out; she has spent a lot of time measuring out that lot and measuring out the units and having it sit. So, it could very much sit badly. If they want to see how it works, they can go on down to Milford and they can see how those lots are laid out, that are about the same size with the same number of units. So, she just wanted to clarify those couple of things that came up and she understands and can certainly sympathize with the chief about the need for the use of that property. Ms. Harris stated that the need for the use of the property to solve some of this homeless situation is also a high priority. So, if they cannot go there, she hopes that they can go somewhere.

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 15 Ennio Emmanuel Zaragoza thanked Ms. Harris for everything that she is doing. He just wanted to let everyone know when it comes to the community, they need to make sure that they are involved, and that they are a part of the community. Mr. Zaragoza noted that he is with Mr. Hugg on the Neighborhood Revitalization Committee with Habitat for Humanity. He is also on the committee with the Downtown Dover Partnership for Security and on the Governor's Advisory Board for Latino Affairs. They also work with that population, and he is very active with Code Purple. They have the Kent County Alliance, and he is also on board for the Milford Advocacy for Homeless, making sure things in Milford, the part of Kent County is doing great, and he can keep going. Mr. Zaragoza stated that he is a chaplain at Maranatha Life Changing Church. Personally, I think they have 15 properties in Kent County. Four or five businesses themselves are very successful. So, when they are going into this idea, he loves the police, he needs the police to make sure they protect everything that he does, everything that they are growing. He even has a grant, he thinks they are working on, that needs the police to be a part of. One of the police officers might have emailed them because they are working on a lot of stuff to make sure that they can get this project completely funded, not for now, but forever. They will be doing that, not only for this project but for many more to come. Maranatha the church, is growing. Their church will be growing with Code Purple, very focused on that in their culture. They are very interested in making sure that they work together on this. When it says transitional, those people can transition for 40 years. If they go to the Housing Alliance, which Code Purple just won a Housing Alliance COC grant, which is historical. Usually that all that money stays up north. Historically they got one, a COC grant, now with the Housing Alliance here in Dover. Mr. Zaragoza explained that as they grow, they are going to be connected, but Housing Alliance looks at transitional. When they tell him what he has to accept, he has to allow someone to stay there for a year, or two years if they need to. That is part of the commitment that he signed on to when he took on a COC Housing Alliance project. That is why they can see Interfaith is not really doing a lot of COC Housing Alliance projects right now because those restrictions can stop them. It is very important that if they do not bring that money to Kent County that is staying up north, then that money is just going up north or going down south. It is not staying in Kent County. So, it is very important that they are working on projects that maybe Dover Interfaith has, they are growing to new levels, and he is noticing that. They will do their best to help mend that gap. Winning the COC grant is one of those ways that they have already started doing that, but he does not want the council or anyone in the community to try to force Code Purple to create a new shelter building. Mr. Zaragoza continued to explain that they want permanent housing. They understand that help is needed, and he knows that West End House actually contacted him to house them, but they could not do that because they already have the Friendship House here since last year. Which does the kind of same thing that West End House does up north. So, they have Friendship House that does case work with them every week. They are doing a lot of things and so this project is not only heavily supported by the community but by churches, citizens, the Kent County Alliance, and Milford advocacy for the homeless. It is going to be very well funded. They are going to make sure that security is one of the most important things because security is very important to their growth. They want Kent County to grow, and Dover to grow. He grew up here, he has been here since he was five. Mr. Zaragoza has lived in every county. So, it is exciting to see it grow. They do have a long way to go. He means that even for us, one of their Code Purple sites is very close to Dover Park. Parks and Recreation had a meeting in 2015 about that park in the office where Maranatha is for Code Purple.

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 16 So, because of that, Mr. Zaragoza wants to help things grow faster. They put community gardens over there by Dover Park. They are about to put up a bike station for repairs. He has M&T Bank coming tomorrow and they are going to talk about growing out of that area by Dover Park. So, it is not about just saying, “Hey, we are going to be building houses” and “Hey, the people might have mental issues because actually, they house all the women and children, which is over 40 women and children that came over this winter. They house all of them and when he looked at the paperwork because he does all of the paperwork when it comes to the inventory of items or the intake of people into their systems with CMIS. They do not actually have a lot of women and children that have a lot of mental issues. They are actually helping roughly 25 veterans a month this year. Mr. Zaragoza noted that this is the first year that they have had any veterans stay a night or more, let alone three months, at their emergency Code Purple shelter. So, if they are at 25 on average a month next, guess what it is going to be. At least 35% more than just veterans. That is just the veteran portion of the whole thing. So, to say that some of the population is troubled or mental health, that commentary is everyone. He can name people who are billionaires, who have mental issues. Dr. Maribel Garcia Zaragoza, pastor of Maranatha church asked how long 501 West Water Street had been empty. This is a pilot project; this is just the beginning to try to help these people. This was the opportunity that was given to them and these facilities, these duplexes and triplexes. They do fit on that property. They already measured that. They are not going to come and just make up numbers and make up sizes of square footage rooms. This was already measured. This was already done. This is not that. This is very important to them, and it should be very important to the city as well. Councilman Neil stated that he understands that they have more needs than just that. So, that was not meant to be offensive in terms of the remark, but in terms of the use of the area, it is used. It is not a permanent type of thing. The police department has been doing things on that land, just consider it as a playground for police, but it is not a playground. It has been a practice area, so it is not wasted. It is because there are no buildings there. It has been used from time to time for things that the police department had to be used. So, they have a long way to go. The fact that they have a woman who has dedicated herself, whether it was small buildings or something else, the biggest problem they have is finding that space. Councilman Neil stated that if they had a chance to get that space or any other space that they could use for just that purpose, he has asked in the past for any buildings that the city does own that they could use, that they could convert to use for that purpose. So, understand that. Council understands that it is not that, whether it is this location or some other location. Believe him, they are anxious to have that done. Mr. Contant stated that they heard the prior gentleman who was speaking, but he did not catch his name. He heard him say multiple times that this was a well-funded project and that they had plenty of money to make the improvement. So, if that is the case, why use a property that is so small? Looking at the Milford property, they have over nine acres that they use to support all of the functions that a land plan would need. So, if there is enough funding and it is well supported, why are they not looking for a larger property? Responding to Mr. Contant, Ms. Harris stated that the funding that has been talked about is obviously everything. Whenever they put a grant in, it is very specific and very particular about what they are applying for. So, what they believe Ennio would be referring to is that there are lots of grant opportunities and they have lots of grants that are being submitted for this particular type of project. It is not just that they have a lot of money, they do not have any money. So, any grant opportunities

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 17 and funding opportunities that they are talking about, there are a lot of opportunities out there for funding and grants, but they have to have some specifics to be able to apply. They have to have a piece of property to be able to make it a feasible kind of grant. So, they have plenty of money that can be applied to projects. They have plenty of opportunities to apply for funding for projects, but being able to pin down a project is very difficult. Ms. Harris explained that being able to have a piece of property that they can actually put in to submit as part of a project is not easy to come by. So that really is the reference. Ms. Harris also wants to add to the people talking about that they do not have a plan. They have been through this; she cannot tell council how many years and how much money they have put out for wetland delineations for a property out in the county. That was going to be a great place and then they find out that it is inundated with more wetlands than the GIS maps that either the city or county have, which are all very bad. The wetlands are much different out there than what is listed on the city’s maps. So, they have put in a lot of money doing all these things only to find out it is for nothing. So, they have an architect and will be able to put plans together as soon as they have specifics on what is going to be required of them. Ms. Harris continued to explain that they do not want to have the architect create this entire big plan that will cost them a few thousand dollars only to be told, “Oh no, it has to be one inch smaller or whatever.” So, they need specifics and guidance to be able to actually come them with a specific plan to be able to introduce. So that is why there have been lots of different options because they are open to options. It can look like this, it can look like that, whatever makes the city happy. To be able to actually present plans, they need some more specifics and for the city to say, yep, here you go. Here is a contract. Responding to Council President Sudler, Mr. Hugg stated that it is probably somewhat outdated, but he can generate another list. Their needs were a little bit different than what is been proposed tonight. They did look at one time for a number of properties, as council remembers before Mr. Harline left, there were a couple of properties that the city disposed of. Then after he moved upstairs, they put three or four properties for public sale. None of those would have been large enough for more than a dwelling unit or two but there are properties out here that might fit. The problem is finding them with the right zoning. Responding to Mr. Hugg, Council President Sudler stated that he understood. Mr. Sudler continued to state that he would ask or encourage Mr. Hugg to work with Maranatha's Church to come up with an alternative. Second, he wanted to apologize to Dr. Pastor Reverend Zaragoza in the Americanos Church. He was unaware that the chief had plans because he had not heard of any. Mr. Sudler explained that the last they heard was Interfaith decided not to utilize that area and then heard nothing else. The council did not hear anything from the manager stating that they are interested in developing that property for additional training. Nothing came to council, nothing came to the Council Present. So, moving forward, he would think that they need to strengthen the relationship at the very least between the City manager and the Council President so that they can know what is going on. Council President Sudler noted that he probably could have avoided this and said, “Hey is there anything going on.” That is just something they have to work on for the next Council President. That is for council as a whole. They need to know what is going on because he is hearing, and if he was them, he would be a little ticked off because what he is hearing is that they have this available, but the Chief may want to use it. Then the Chief is not really saying he does not know what he wants to use it for. So, they are just going to hold on to it until the Chief decides when actually they have something

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 18 that could move forward because it is a problem and they did deem it at one point as a possible solution. Whether that is still the solution or not, remains to be seen and discussed. He can understand their frustration and he apologizes for being part of it because he was under the assumption that it is available and he knows that they are doing great work there for the community. Council President Sudler stated that no one has a perfect operation without challenges. However, he thinks at this point the city could help them because they are doing a huge, huge favor to the community. The work that they do is very valuable, and he appreciates it. Not too many people are willing to do that work. Not too many people are willing to even be living near the element of individuals or housing the element of individuals that no one wants to deal with it, but someone, but everyone wants something to be done about it. Exactly. So, I feel like the city has to do better and so he apologizes because he thought that the city could still do something there. However, moving forward, he would just suggest the committee and also the City Manager, because he has done a pretty good job finding locations and he is a former planner. Well, in his heart he will always be a planner but with planning, he is sure he has just as much knowledge as the Principal Planner in regard to where these areas are and how to read what would fit in for your program. Council President Sudler stated that personally, he would like to see it there. It fits all their needs, and it is right, they already have low-income, affordable housing there with Queens Manors, and you have transportation. They have security and safety police. Mr. Sudler stated that unless he hears something that says the police need it to establish a dwelling for training or the city has something concrete, then he is still in support of that area. As an individual council person, he still supports it, being in that area. He needs to see facts and he needs to hear a plan. So, he believes that this is a good opportunity for them and if the city can do it, they should. However, unless the Chief has something in motion, tonight he has heard that the Chief does not. It has been almost a year and a half. Well, at least council has not seen anything. Mr. Sudler stated that he is not against it if the Chief wants to do something there, but what he is saying is until there is a plan, then they need to explore what people who do have a plan, who can meet the needs of the community because they are currently meeting the needs of their community. It is a valid initiative to explore and see what they can do. If not that location, if not, please help them to find a location. City Manager Hugg stated that he thinks his relationship with Ms. Harris and her folks goes back quite some time and they certainly have tried to work together. Mr. Hugg will comment on behalf of the police as they have tried to limit their capital spending to things, basically water and sewer infrastructure, other than moving the impound yard. The only sort of significant investment that they have been looking at for the police department currently is some roof, gutter, and exterior repairs. They probably need, if they ever had the staff at the time, to look at all of the city's complexes. Mr. Hugg explained that the public works facility is overloaded. So that at some point they need to really step back and say where and in what direction are they going. That is not his fault. It is just they have not done it. Mr. Hugg stated that he will continue and has continued to work with Ms. Harris and with the folks at Maranatha. Ms. Harris stated that he just wanted to bring it up, and she knows that she has brought this to council before land banking, they are not stuck on this spot. If council wants to be a little proactive about land banking, Delaware has enabling legislation. New Castle County does it all the time. Sussex does it a little bit. Kent County does not do it at all. They have all kinds of properties around here and exactly who owns them that could take some property from. So, she thinks that they need to get a little proactive in their land banking and White Oak Road. All of that big industrial stuff out there where

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 19 the electric plan is, that is a lot of property out there. One little spot could be rezoned, and this could also be temporary tenure. Chief Johnson stated that he just wants to restate again, this is not about them being opposed to Code Purple’s mission or to their needs. There was a comment earlier about the equation of the unhoused with all being mentally ill or substance abusers. He just was trying to make the point earlier through that mission that they have, they encounter folks that are unhoused, and he was just trying to equate that they understand and that they want to be part of the solution. Regarding the idea of presenting a plan for that site, when in his discussions, he is up to his third City Manager now, where they talk about fiscal responsibility and being realistic about the capital budget. So, to start talking about development for that property, when the phone is ringing, it says, how many dollars can you give back out of your line item because they are not sure they are going to get through the fourth quarter. Chief Johnson explained that he would be a little arrogant to roll out, “Hey, this is what I think we should be doing with this property, and I need a couple of million dollars to do it.” It is not the environment for him to be having those discussions. There is a time and a place for those kinds of things. Chief Johnson responded to Council President, about the idea why he had not heard anything from him because he just did not have the guts to go and say, “Hey, I think that we could bring up the idea that we have kicked around about maintaining the police cars on site because they are out of room at the maintenance garage and bringing Casey down and establishing a location there where they are.” Chief Johnson noted that they do not run up and down Queen Street all the time to get cars that are being worked on. That is a lot of money and maybe this is not the right budget year for that, but the property, having the space available for whatever ends up being at the top of the priority list when they are able to move, that is the only thing that he was attempting to defend on the practical side. Chief Johnson knows that they have been at this for a while, so he will pick up the safety debate later, but he can give them some real-life examples to illustrate the points that he was trying to make about proximity and having space to solve a critical problem and not have to worry about innocence right next to them. Mr. Sudler moved to recommend instructing the City Manager to stay in communication with Maranatha’s Church to help them locate an area that would be suitable for their mission statement. The motion was seconded by Mr. Rocha and unanimously carried. Updated Donated Sick Leave Policy (Naomi Poole, Director of Human Resources) Ms. Naomi Poole, Director of Human Resources reviewed the updated Sick Leave Policy. Responding to Mr. Contant, Ms. Poole explained that the point here is to match hour for hour. The idea though is that no matter what someone is making, they would be able to donate time. So, if she is donating time to someone who makes less than her, she is still just donating my time and that is not interdependent on what her salary is. Staff recommended approval of the proposed policy. Mr. Rocha moved to recommend acceptance of the proposed policy, as recommended by staff. The motion was seconded by Mr. Hare and unanimously carried.

COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 11, 2023 PAGE 20 Community Development Block Grant (CDBG) Application Review (Tracey Harvey, CDBG Program Manager) Ms. Tracey Harvey, CDBG Program Manager reviewed the Community Development Block Grant (CDBG) application review. Staff recommended awarding $321,669 in CDBG funds to sub-grantees to carry out approved CDBG activities. Mr. Hare moved to recommend awarding $321,669 in CDBG funds to sub-grantees to carry out approved CDBG activities, as recommended by staff. The motion was seconded by Mr. Contant and unanimously carried. Purchase of Two (2) Police Department Motorcycles (Sole Source Vendor) (Chief Johnson, Dover Police Department) Chief Johnson, Dover Police Department reviewed the Purchase of two (2) Police Department motorcycles. Staff recommended approving the Sole Vendor Purchase from Rommel Harley Davidson in Smyrna, De. Mr. Contant moved to recommend approving the Sole Vendor Purchase from Rommel Harley Davidson in Smyrna, De, as recommended by staff. The motion was seconded by Mr. Sudler and unanimously carried. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 9:43 p.m. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 9:43 p.m. Roy Sudler, Jr. Council President RS/ar Attachments Attachment #1 - Attachment #2 - Attachment #3 -