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Council Committee of the Whole. Jun 13, 2023.

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COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on June 13, 2023, at 6:00 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Tholstrup and Mr. Lewis (Parks, Recreation, and Community Enhancement, Mr. Iriowen and Mr. Pugh (Utility), and Mr. Shevock and Mr. Contant (via WebEx) (Legislative, Finance, and Administration). ADOPTION OF AGENDA Mr. Hare requested to move item one on the Legislative, Finance, and Administration Committee, the Homeland Security Grant Program to the first item on the Council Committee of the Whole agenda. Mr. Neil moved for adoption of the agenda as amended, seconded by Mr. Anderson, and unanimously carried. Homeland Security Grant Program (HSGP) Approval for the Water System and Well Sites Security Project (Kay Sass, Public Affairs and Emergency Management Coordinator) Ms. Kay Sass, Public Affairs and Emergency Management Coordinator reviewed the background and analysis regarding the Homeland Security Grant Program (HSGP) Approval for the Water System and Well Sites Security Project. Staff recommended authorizing the City Manager to accept the reimbursement grant for all costs associated with the purchase and installation of the video surveillance and fencing and authorizing the sole source designation for Advantech. Mr. Hare moved to recommend approval as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairwoman Arndt presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Consideration of a Public Space Naming Policy (Tricia K. Arndt, Chair of Parks, Recreation, and Community Enhancement Committee) Ms. Tricia K. Arndt, Chair of the Parks, Recreation, and Community Enhancement Committee reviewed the background regarding the Consideration of a Public Space Naming Policy. Mr. Boggerty stated that a set of criteria for the naming of parks does need to be established. Speaking from experience, Mr. Boggerty stated there are only so many parks, there are so many great constituents, and there has to be a way to save a park for them. Mr. Boggerty stated that there is a rest stop up north with a memorial walk. Mr. Boggerty stated maybe the city can establish a memorial

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COUNCIL COMMITTEE OF THE WHOLE MEETING JUNE 13, 2023 PAGE 2 walk if the criteria are met, a brick can be purchased through Parks and Recreation, and families can honor their loved ones for as long as they want. Responding to Mr. Lewis, Ms. Arndt stated she looked briefly into state policy and was not able to find much. Ms. Arndt stated she thought about how bridges are named as this is what she is familiar with, but she did not get a clear sense of their policy. Responding to Mr. Lewis, Mayor Christiansen stated that park names have been generic except for Schuttee Park and Williams Park in Town Point. Mayor Christiansen stated there have not been a lot of requests and the reason those parks were named is that it was a part of the sales agreement that Mayor Christiansen and Councilman VanSant consummated, the city saved $500,000 by naming the park after the Schuttee family, and Williams Park is believed to be named after Senator Williams. Mayor Christiansen stated that this is an important issue because there have been many great folks who have served the city and who will serve the city in the future and there needs to be an alternative way rather than naming an entire park. Mr. Neil stated he liked the idea simply because it sets forth certain standards. Mr. Neil recommended the creation of an Ad Hoc committee to come back with specific recommendations. Mr. Neil stated that Ms. Arndt has provided several examples and just by looking at them they may be able to make a presentation for consideration by the group. Mr. Neil stated there are different ideas from each example that they may be able to agree on. Mr. Sudler stated that when considering new candidates and names some of the established individuals from history should also be considered. Mr. Sudler stated that he would like council to evaluate whether the park is named after someone significant and what role they played in the community at that time. Then it should be decided if that name should be kept or renamed. Ms. Arndt stated that in the research she found there was a sunset provision where park names or place names are revisited after 25 years for rededication, and it would be a community process at that time. Ms. Arndt stated she was not moving towards renaming parks that have already been named. Ms. Arndt mentioned some of the ordinances and resolutions had a standard application where the applicant is required to state how the name reflects the community, or how the person was a benefit to the community and why they deserve that recommendation. Mr. Anderson stated that a formal Ad Hoc committee should be created so as to not violate any FOIA laws in regard to open meeting laws and quorums. Mr. Neil moved that an Ad Hoc committee be formed and advertised through the city website, the city newsletter, and the newspapers for those who would like to join such an ad hoc committee at a time and place to be announced. The motion was seconded by Mr. Lewis and unanimously carried. Mayor and Council Reports Council President Mr. Hare reported that he is all signed up for the Peach Pie eating contest.

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COUNCIL COMMITTEE OF THE WHOLE MEETING JUNE 13, 2023 PAGE 3 First District Dr. Pillsbury reported that she had one request from a gentleman in regard to an abandoned car but that the person learned they were looking at it and moved the vehicle. Dr. Pillsbury also reported that there were concerns with their alleyway, which is under the city and the appropriate people are looking into having it repaved. Mr. Rocha reported that he is helping a renter at Dover Country Club where the owner owns the gas utility account and divides it up amongst the renters. Mr. Rocha stated that he is looking into the lease agreement and investigating if meters can be added so that each apartment can have its own account. Mr. Rocha also reported that he is working on an issue where a neighbor of his is running a pipe into the stormwater drain. Code Enforcement came out and is helping to assist with that. Second District Mr. Lewis reported that he has been dealing with a lot of issues in Stoney Creek development. Some of the issues there are abandoned cars, debris, and trash. Mr. Lewis also stated that one of the major issues is an access road that runs behind Stoney Creek, there are trash, debris, and lots of dead trees which are a serious safety issue. Mr. Lewis stated that Clearview Meadow is going to address the trees because they are on their property. Mr. Lewis also stated that Code Enforcement has been doing a phenomenal job and has written multiple citations against the people causing the infractions. Mr. Hare reported that he followed a trash truck behind Stoney Creek and there was tons of trash being put out which is a violation of what is allowed to be put out for pickup. Mr. Hare stated that he stopped to talk to the guys from Public Works and they do not just want to leave the trash there. Mr. Hare stated this may be something that Code Enforcement can talk to them about because they know where the worst places are. Third District Mr. Neil reported that he and Ms. Arndt attended the outdoor event held at Townsend Boulevard. The event was hosted by Towne Point, White Oak Homeowners Association, and the Police Department. Mr. Neil reported that he and the Mayor visited a well-known delicatessen in Rehoboth to invite them to establish within the city. Mr. Neil also noted that he attended the Library Foundation meeting, the Towne Point HOA meeting, the Downtown Dover Partnership meeting, the Dover High School Capital School District Awards, the Safeway Grand Reopening, and the Dover Park Groundbreaking. Mr. Neil reported that he assisted a constituent resolve an issue where he had purchased his mother a home, and paid all her bills, including rent and after she passed away the company claimed she had never paid her rent. Mr. Neil was able to assist the gentleman with contacting a lawyer to assist in the fight for his mother’s property. Fourth District Mr. Anderson reported that the Woodcrest neighbors are looking to form a neighborhood watch again, and he referred them to the police to start organizing that. Mr. Anderson stated that there have been constituent utility service issues that staff has been working with to establish payment plans. Mr. Anderson stated that he has heard some concerns from people who have properties who are not paying in escrow on property taxes and there has been talk about applying the Clean Hands ordinance even though there may be an arrangement. Mr. Anderson stated that there needs to be some clarity established as that was not the intent of the Clean Hands ordinance.

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COUNCIL COMMITTEE OF THE WHOLE MEETING JUNE 13, 2023 PAGE 4 Mr. Sudler reported that on May 26, 2023, he was approached by a resident who is very concerned with the liquor store on Bradford Street. She feels that the liquor store is a magnet for what she perceives as undesirable activity, and behavior from individuals who hang around the liquor store, and asked what she could do to become involved. Mr. Sudler recommended that she join the Dover Human Relations Commission. Mr. Sudler forwarded her information to Mr. Boggerty and Mr. Hare as well. Mr. Sudler reported that on June 10, 2023, he spoke with Mr. Kenny Bell, a resident of Nottingham Development who inquired about the final paving plan process. Mr. Sudler stated that he would inquire about that information and forward that to his council representatives. Mr. Sudler reported that on June 13, 2023, a Woodcrest resident inquired about the Interfaith Housing Program on Walker Road. The resident is concerned with the number of programs at that site and whether that location is zoned to support them having one, two, or three-tier sex offenders on-site. The resident also asked why the square footage restriction went from 1,400 square feet to 400 square feet. Mr. Sudler stated that he would get back to them. At-Large Mr. Boggerty reported that on July 13, 2023, First District Councilman Rocha, and Dr. Pillsbury will be hosting a town hall at Maple Dale Country Club from 6:30 p.m. until 8:30 p.m. Mr. Boggerty reported that on June 23, 2023, council will be hosting a day of ice cream at The Scoop on Loockerman from 5:00 p.m. until 7:00 p.m. Mr. Boggerty reported that he attended the Village of Westover HOA meeting that was held at City Hall and they are working on answering constituent concerns in that area. Mr. Boggerty reminded everyone that on August 12, 2023, he will be hosting his second Unity Day at Williams Park. Mr. Boggerty reported that he met with a constituent regarding a dog, and he reached out to Code Enforcement to address the issue. Mayor Christiansen Mayor Christiansen reported that he will provide a written report. Mayor Christiansen reported that he met with Economic Development, the Chief of Police, and his staff, met with numerous constituents regarding their concerns, and attended the meetings for the boards that he is appointed to. Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, hearing no objection the meeting adjourned at 6:43 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Presentation – Electric Rate Study (Scott Burnham, Partner and Business Development Lead, NewGen Strategies and Solutions) Mr. Scott Burnham, Partner, and Business Development Lead, NewGen Strategies and Solutions, reviewed the presentation titled Cost of Service Study. Committee action was not required. Responding to Mr. Rocha, Mr. Burnham stated that the green energy charge is a state-mandated charge. It is almost like a tax for green energy funding by the state for renewable resources.

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COUNCIL COMMITTEE OF THE WHOLE MEETING JUNE 13, 2023 PAGE 5 Responding to Ms. Arndt, Mr. Burnham stated that the primary and transmission are the voltage where customers are taking service. The distribution system is made up of primary and secondary lines. There is the high voltage at transmission, the 345 lines on the big transmission towers, this steps down to a primary voltage and then steps down again to a secondary voltage. A secondary voltage is what most people take but some people that have higher power needs might require a primary. If this is the case, they have no cost responsibility for the secondary system. Mr. Burnham stated that when doing a cost- of-service study there needs to be a differentiation so that they are not assigned costs that they are not responsible for. Responding to Mr. Sudler, Mr. Burnham stated that they have taken the projected costs as they were estimated by both TEA as well as by staff, looked over a five-year basis, and then took the average of that. Mr. Burnham stated that it is incumbent upon the utility to say these estimates were made of what the costs will be and that the power market from where you buy power could drop or it could also go up. Mr. Burnham stated that there may be a need to go back and revise the rates or to use the power purchase adjustment mechanism to recover those costs or to refund money back to customers. Responding to Mr. Sudler, Mr. Burnham stated that they have not done that analysis, but he believes it would have a significant impact on the financial condition. Historically the power supply costs were roughly $40 million, then they jumped up to $80 million. After the three-cent adder, they have come back down but they have not come down to $40 million, they are sitting at about $60 million. Mr. Burnham stated that there would be a concern that the city would end up short, and there is not a lot of room in the reserves for that kind of cost. Responding to Mr. Sudler, Mr. Burnham stated that he is asking about seasonality in terms of rates, and seasonal rates are seen on a regular basis. The city gets power from the PJM market, and there is a difference between summer and winter costs. Mr. Burnham stated that they could analyze the costs and see a potential for seasonal rates. Responding to Mr. Boggerty, Mr. Burnham stated that it is taking the one-month customer charge of $9.42, the average customer usage, 892 kilowatt-hours, times 1481, plus 892 times the green energy charge to come up with the total bill. In the subsequent change or phase, one is taking the same billing determinants that the kilowatt-hours and the customer times the rates proposed. Responding to Mr. Boggerty, Mr. Burnham stated that for June it would be an increase, relative to the average bill, however, it would be a decrease. Responding to Mr. Boggerty, Mr. Waddell stated that the DEMEC and TEA would perform close to the same functions. TEA, The Energy Authority, provides a greater scope and scale of services than the DEMEC. There could be fluctuations in power costs but there is no way to know. Mr. Waddell stated that it is all coming from the seller of said energy and what the cost of natural gas is. Responding to Mr. Neil, Mr. Waddell stated that before implementing the three-set PCA or PPA, the city was number one across the board, with the lowest total bill utility among all the municipalities including Co-op and Delmarva, with the exception being either large commercial or primary class. With the implementation of the proposed rates, the city would go from one to fifth on a majority of those, the lag would be found in large commercial or primary. Mr. Waddell stated that when looking at the disparity between the lowest and the highest it is roughly $2 in a residential bill. The city would not be the lowest, but it would not be the highest.

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COUNCIL COMMITTEE OF THE WHOLE MEETING JUNE 13, 2023 PAGE 6 Responding to Mr. Lewis, Mr. Waddell stated that the plan is to keep the rate fixed starting July 1, 2023, and then stay the course through July 25’. Mr. Waddell stated that the last rate study and adjustments were made in 2018. They are still operating off 2018 projections and calculations, so a lot of things have changed, and this is due. Responding to Mr. Anderson, Mr. Burnham stated that they did look at all the reserve accounts and discussed with Ms. Peddicord the possibility of removing some of those funds and using funds to reduce the revenue requirement and allocating that to the different customer classes. Mr. Burnham stated that to the extent that they could they did, they pulled some money out of the rate stabilization fund. The other funds, however, did not have excess funds in them, so they were meeting policy limits. Mr. Rocha stated that he brought his electric bill and his charge for this month was $150.64, when calculated with the new rate, it will jump to $177.56, a difference of $26.92. Responding to Mr. Pugh, Mr. Waddell stated that it is mandatory that 0.000178 for every kilowatt sold, there are some municipalities that charge double. However, state law dictates that the minimum is charged, and that is what the city charges. Responding to Ms. Marney, Mr. Waddell stated that Ms. Marney is referring to the calculations for the budget which is based on revenue from July 1, 2023, to June 30, 2024. So, if there is a delay in the implementation of all the rates, there will be a loss of one month’s projected revenue increase. All the funds will be one month behind, with one-twelfth of what they were projected to have. Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 8:00 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. Dover Code of Ordinances – Citation Discussion (Mary Ellen Gray, Planning and Community Development Director) Ms. Mary Ellen Gray, Planning and Community Development Director reviewed the background and analysis regarding the Dover Code of Ordinances – Citation Discussion. Staff recommended approval of the four bulleted recommendations included in the memo from Mary Ellen Gray. Responding to Dr. Pillsbury, Ms. Gray stated that there is no military provision in the policy. Responding to Dr. Pillsbury, Mr. Rocha stated that from his experience, if the individual was living on base and went TDY, they would be responsible for their grass, so it should not be any different when they live out in the community.

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COUNCIL COMMITTEE OF THE WHOLE MEETING JUNE 13, 2023 PAGE 7 Responding to Ms. Arndt, Ms. Gray stated that yes, the proposal is that the notice would be placed on the door, and they would have 48 hours to mow their grass. Responding to Mr. Lewis, Mr. Kopp stated that with the legal aspects of code administration, they can enter the property to post a notice, which could be hanging a door hanger, however, they cannot enter a property for any reason to obtain a violation or evidence of a violation, that is considered trespassing. Mr. Kopp stated they take pictures using a landmark like the bricks on the side of the house, or a mailbox post. Mr. Kopp stated when someone calls about a notice he asks, “Can I come to your house with a meter stick and measure that landmark, and will it be under eight inches?”. Mr. Kopp also stated that the weather cannot be a valid excuse, it is not fair when 98 of the neighbors out of 100 maintain their grass. Mr. Kopp also stated that they try to talk to people as much as possible. Responding to Mr. Neil, Mr. Kopp stated that if someone calls regarding a grass citation, they will go out and measure the grass and if it is under eight inches, it is not necessarily an appeal, but a void of the case because the violation did not exist. The case will be voided because the violation was issued in error and that will be annotated in the case file. Mr. Kopp stated that if a month later there is a grass violation on that property, they do not get charged with a second offense. Mr. Kopp stated that they would get a citation, but it would be their first citation not their second. In addition, Mr. Kopp stated that the door hanger has their phone number. Mr. Kopp stated that the constituents can call and request an extension, the only time an extension is denied is when an extension is requested every month to get out of fixing the problem. Responding to Mr. Rocha, Mr. Kopp stated that they already removed from the violation letter the part where it says you can appeal a grass citation. Mr. Hare moved to accept the staff recommendation. Mr. Lewis requested that the addition of what was suggested by the council members be considered. Mr. Hare moved to recommend approval as recommended by staff with the addition of the suggestions made by the council members. The motion was seconded by Ms. Arndt and unanimously carried. Safe Streets and Roads for All (SS4A) Grant Municipal Collaborative Initiative with the Dover/Kent County Metropolitan Planning Organization (Sharon Duca, Assistant City Manager) Ms. Sharon Duca, Assistant City Manager reviewed the background and analysis regarding the Safe Streets and Roads for All (SS4A) Grant Municipal Collaborative Initiative with the Dover/Kent County Metropolitan Planning Organization. Staff recommended that City Council make a leadership commitment to participate with the Dover/Kent County MPO, and other municipalities, in the application to the SS4A program to prepare a regional Comprehensive Safety Action Plan. Responding to Ms. Arndt, Ms. Duca stated that the $30,000 that was referenced was a possibility for what would have to be paid towards the comprehensive planning grant with DelDOT coming forward to pay for that, the city has no financial responsibility for the action plan phase. Ms. Duca stated that if the action plan comes up with projects that the city would like to pursue, the city could move forward

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COUNCIL COMMITTEE OF THE WHOLE MEETING JUNE 13, 2023 PAGE 8 with a grant in a subsequent year, then the city would need to come up with twenty percent of what that anticipated cost would be. Mr. Hare moved to recommend approval as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 8:40 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 8:41 p.m. William F. Hare Council President

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