CCW PACKET - REVISED

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, October 10, 2023, at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA THIS AGENDA AND PAPERLESS PACKET HAVE BEEN REVISED TO ADD LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ITEM #5 - RESOLUTION NO. 2023-16 - A RESOLUTION TO PERMIT THE CITY OF DOVER TO ENTER INTO A CONTRACT WITH THE STATE BOARD OF PENSION TRUSTEES TO ALLOW THE CITY TO PARTICIPATE IN THE STATE OF DELAWARE COUNTY AND MUNICIPAL PENSION PLAN (DAVID S. HUGG, III, CITY MANAGER) Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/p5qyj Event number: 2537 931 7622 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE ADOPTION OF THE AGENDA 1. Review of Active Recreation Plan - Windward Ridge Apartments on West Denneys Road (Planning Reference Site Plan #S-23-19) (Mary Ellen Gray, Planning and Community Development Director) 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - October 10, 2023 PAGE 2 (Staff Recommendation: Forward to the Planning Commission, a Recommendation of Approval of the Active Recreation Area Plan for Site Plan Application (Reference # S-23- 19 Windward Ridge Apartments) subject to review comments of the Recreation Plan Review Report.) MAYOR AND COUNCIL REPORTS 1. Council President Hare 2. First District 3. Second District 4. Third District 5. Fourth District 6. At-Large 7. Mayor Christiansen ADJOURNMENT OF THE PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. N. Bradford Street - Street, Sidewalk, and Tree Plan (Jason Lyon, Water/Wastewater Director) (Staff Recommendation: Authorize staff to proceed with creating bid specifications as described below after conducting an informational session with residents.) 2. Authorization to Apply for Staffing for Adequate Fire and Emergency Response (SAFER) Grant (Chief David Carey, Dover Fire Department) (Staff Recommendation: Authorize the Fire Chief to apply for Staffing for Adequate Fire and Emergency Response (SAFER) Grant.) 3. Discussion of Recommended Changes to the Procedure for Requesting a Legal Opinion (Council President Hare) (Committee Action Not Required) 4. Proposed Ordinance #2023-11 - Amending Chapter 30 - Standards of Ethical Conduct and Ethics Commission, Article 3 - Ethics Commission, Section 30-71 - Established; composition; removal; terms of office; vacancies; chairperson; quorum; compensation; legal counsel (Councilman Anderson, and Dr. Pillsbury) 2

COUNCIL COMMITTEE OF THE WHOLE MEETING - October 10, 2023 PAGE 3 (Staff Recommendation: Approve the proposed Ordinance #2023-11, adding a residency requirement to serve on the Ethics Commission.) 5. Resolution No. 2023-16 - A Resolution to Permit the City of Dover to Enter into a Contract with the State Board of Pension Trustees to Allow the City to Participate in the State of Delaware County and Municipal Pension Plan (David S. Hugg, III, City Manager) (Staff Recommendation: Approve Resolution No. 2023-16 to allow the City of Dover to apply to join the State of Delaware Pension Plan.) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. City of Dover DATA SHEET FOR RECREATION PLAN REVIEW Review of Active Recreation Area Plan PARKS, RECREATION AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF October 10, 2023 PLANNING COMMISSION MEETING of October 16, 2023 Plan Title: Windward Ridge Apartments, S-23-19 Plan Type: Site Development Plan and Minor Lot Line Adjustment Plan Active Recreation Area Plan Location: North Side of West Denneys Road and west of but not adjacent to West Denneys Road Addresses: 57 Rocky Road 4085 West Denneys Road Unaddressed parcel on north side of West Denneys Road Tax Parcels: ED-05-056.00-01-02.00-000 ED-05-056.00-01-03.00-000 ED-05-056.00-01-04.00-000 Owners: George L. Craig Jr. and Deborah J. Craig Robert G. Keller and Gloria K. Keller Bruce A. Burkett Equitable Owner/Developer: Jack Lingo Asset Management, LLC Site Area: Lot A: 3.5 acres +/- Lot B: 1.01 acres +/- Remaining Lot Area: 35.61 acres (Project Area) Total: 40.12 Acres +/- Zoning: RM-2 (Medium Density Residence Zone and partially subject to SWPOZ (Source Water Protection Overlay Zone) Current Use: Two Single Family Detached Dwellings (to remain) and Woodland Proposed Use: Garden Style Apartments (Multi-family Community) Dwelling Units: 300 apartment units For Consideration: Active Recreation Area Plan Recreation Area: Required – 83,050 SF (1.90 acres+/-) Provided – 97,360 SF (2.24 acres+/-) P. O. Box 475 Dover, DE 19903 4 Community Excellence Through Quality Service

Item 1. S-23-19: Windward Ridge Apartments Active Recreation Area Plan Review for Parks and Recreation Meeting of October 10, 2023 Page 2 of 6 I. PROJECT SUMMARY: The project proposes construction of Windward Ridge Apartments on West Denneys Road. This is a Site Development Application S-23-19 for the construction of thirteen (13) garden style apartment buildings consisting of eleven (11) buildings containing twenty-four (24) units and two (2) buildings containing eighteen (18) units for a total of 300 apartment units. Also proposed are twelve (12) garage buildings, a Club House with Pool, walking paths, parking, and other site improvements. Two (2) existing single family detached dwellings will remain on separate lots after a Minor Lot Line Adjustment Plan to reconfigure the three properties. The properties are zoned RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). The subject site consists of three parcels totaling 40.12 acres +/- located on the north side of West Denneys Road and west of but not adjacent to Carlisle Drive. The owners of record are George L. Craig Jr. and Deborah J. Craig; Robert G. Keller and Gloria K. Keller; and Bruce A. Burkett and the equitable owner is Jack Lingo Asset Management, LLC. Property Addresses: 57 Rocky Road, 4085 West Denneys Road, and an unaddressed parcel on West Denneys Road. Tax Parcels: ED-05-056.00-01-02.00-000, ED-05- 056.00-01-03.00-000, and ED-056.00-01-04.00-000. Council District 1. For Consideration: Active Recreation Area Plan. Waiver Requests: Partial Elimination of Sidewalk and Subdivision Waiver of Requirement for Two Connections to Public Street. This subject area was annexed with Application AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road in early 2023. II. ACTIVE RECREATION AREA PLAN SUMMARY: The Site Development Plan as submitted for the Windward Ridge Apartment Complex notes a variety of Active Recreation features, as well as walking paths throughout the woodland areas. This information is provided to show how the Site Plan submitted is achieving the aims set out in the Zoning Ordinance, Article 5 Section 10: Open space, recreation, and other public facilities. The amount of Active Recreation Area required is 275 SF per dwelling unit which would require 83,050 SF (1.90 acres) of area (using 302 units). An itemized listing of the Recreation Areas and materials is given on Plan Sheet 8 and example features in the Architectural Packet. The proposed amenities include a Clubhouse with Pool, Tot Lot Playground, Walking Trails, Exercise/Picnic Area, and Dog Park Area. See Summary Table below of Active Recreation Areas. Active Recreation Area (Article 5 §10.1) Required Provided on Plan 275 S.F. per dwelling unit or ½ • Clubhouse Area with Pool and Amenities Areas acre (21,780 SF) whichever is (27,240 SF) greater to be provided on site. • Tot Lot Playground (5,565 SF) • Walking Trails (20,670 SF) 302 DU = 83,050 SF (1.90 acres) • Exercise/Picnic Area (21,525 SF) Required = 83,050 SF • Dog Park Area (22,360 SF) Provided: 97,360 SF (2.24 acres) Also: Bike Racks 5

Item 1. S-23-19: Windward Ridge Apartments Active Recreation Area Plan Review for Parks and Recreation Meeting of October 10, 2023 Page 3 of 6 Article 5 Accessible The Clubhouse with Pool is in the central portion of the site §10.151 plan and reachable via the sidewalk system from the apartment buildings. The Tot Lot Playground is also near the sidewalk system and has benches for sitting. The Clubhouse has interior spaces of an Office and Business Center, Fitness Center, Yoga Room, Restrooms, and a Great Room with Games Tables, TV Lounge, and Social Functions spaces. The exterior spaces in addition to the Pool are seating area, outdoor kitchen/grill area, social gathering/eating areas, game area for cornhole and bocce, and shade structure features. 10.152 Pedestrian oriented There are walking paths through the woodland areas outlined in the Site Plan. Staff would like to see measurements on the linear feet of walkways. One walking trail leads to a Dog Park Area. 10.153 Age Oriented The types of recreation areas outlined in the plans show the ability for a variety of users from the Tot Lot Playground to Clubhouse and Pool and Walking Trails. 10.154 Parking The parking is provided for the apartment buildings and is adjacent to the sidewalk system for the complex. 10.155 Walking, jogging There are 6 bike rack locations on the Site Plan providing 42 and biking trails spaces. The requirement is 1 bike space for every 20 car spaces (Article 6, Section 3 of the Zoning Ordinance). They are in compliance with the 37 minimum bike spaces requirement. The walking trail system has a mulch surface. 10.156 Setbacks The recreation areas on these Site Plans follow the setback requirements as they are internal to the site. A portion of the Dog Park areas should be removed from the wetland buffer area. 10.157 Landscaping The site requires 273 trees and there is the appropriate number listed on the plan. Specific tree species will need to be identified on the plans and signed off by a Landscape Architect as per Zoning Ordinance. The site will preserve 19.02 acres of woodland of the 37.44 acres of existing woodlands. No development will occur in the wetland areas or Special Flood Hazard Area (floodplain). 10.158 Area The breakdown of the allotted recreation areas is listed on Sheet 8 of the Site Plan. The dimension measurements of each recreation amenity should be provided to confirm the listed land area. 6

Item 1. S-23-19: Windward Ridge Apartments Active Recreation Area Plan Review for Parks and Recreation Meeting of October 10, 2023 Page 4 of 6 III. REVIEW PROCESS The Planning Office has prepared this Active Recreation Area Report outlining the Recreation Area proposal. The Parks, Recreation and Community Enhancement Committee will need to consider the proposed Active Recreation Area and make a recommendation. The Planning Commission must act to accept the Recreation Area Plan as part of the Site Plan review process. The Parks, Recreation and Community Enhancement Committee will review the Recreation Area Plan at their meeting on October 10, 2023. The Planning Commission Public Hearing and Review of the Site Development Plan S-23-19 and the Recreation Area Plan is scheduled for October 16, 2023. IV. CODE CITATIONS: Dover Code of Ordinances, Appendix B – Zoning, Article 5 – Supplementary Regulations, Section 10 – Open Space, Recreation and Other Public Facilities (select excerpts). Article 5 Section 10 Section 10. - Open space, recreation, and other public facilities. The City of Dover shall require the reservation of open space, recreation, and other public facilities in accordance with the provisions of this section as a condition of approval for all one-family dwelling, two-family dwelling and multiple-family dwelling residential developments requiring conditional use approval, site development plan approval, or land subdivision approval by the City of Dover Planning Commission. 10.1 Recreation areas. 10.11 Purpose. The purpose of this section is to ensure that active recreation areas are provided as an integral design element within residential developments and that such facilities are of an adequate scale in relation to the size of the residential development and which provide residents with a variety of active recreational pursuits. 10.12 Dedication required. The commission shall require the dedication or reservation of recreation areas, and the subsequent construction of recreation facilities of a character, extent and location suitable to the needs created by a development for recreation facilities as defined and in accordance with the design guidelines set forth. 10.13 Definition. The following are illustrative of the types of recreation areas and subsequent facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the recreation area requirements of this section: tennis courts, handball courts, racquetball courts, swimming pools, saunas and exercise rooms, meeting or activity rooms within clubhouses, baseball and soccer fields, basketball courts, volleyball courts, swings, slides and play apparatus, and developed walking, jogging or biking trails. 10.14 Recreation area review…. 10.15 Design guidelines… 10.16 Area required. All residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit or one-half acre of land, whichever is greater. In no case shall the commission require that more than ten percent of the gross are a of the development be so dedicated or reserved when the gross area is greater than five acres. 7

Item 1. S-23-19: Windward Ridge Apartments Active Recreation Area Plan Review for Parks and Recreation Meeting of October 10, 2023 Page 5 of 6 V. STAFF RECOMMENDATIONS The following are comments and recommendations from staff of the Planning Office following review of the Active Recreation Area Plan. 1) Provide size (dimensions) of each recreation area amenity. Based on 302 dwelling units (when including the two existing single family detached dwellings), a total of 83,0500 SF of Active Recreation Area must be provided. As presented, the Plan has met the area requirement. Clarify if Lot A and B will be allowed access to these amenities. 2) The Site Plan overall is showing pedestrian connectivity among the various buildings, amenities, and across the drive-aisles and the parking lot areas. 3) Active Recreation Area: As a residential development, there is a requirement for Active Recreation area(s). Staff Recommends the following regarding these Recreation Areas: a. Clubhouse: The Clubhouse offers a number of function spaces for exercise, game play, and socializing both on the interior and the exterior surrounding the Pool. i. Ensure appropriate pool security systems are in place. ii. Add exterior access gates to fenced pool area. iii. Provide details of the Clubhouse and its amenities i.e., surfaces, shade structures, fencing, etc. b. Playground: Plans submitted show that there are proposed features identified as a Tot Lot, but further information is needed as to what specific playground amenities are proposed. i. It should also be noted what material is intended for the ground cover. ii. Add connecting sidewalk to reach benches. c. Walking Trails: Two walking trail/path systems are proposed: one in the southwest woodland area and one near the northern stormwater management pond. i. Include the linear feet length of walking path. ii. Provide construction details for surface material, width, and edge treatment of walking trails. d. Dog Park: The Dog Park is located within the woodland area along one of the walking trails. It is proposed to be fenced. i. Provide details of fence design. Alter shape of fenced area to remove it from the wetland buffer area. ii. Identify any amenities of Dog Park such as fenced areas, gate entry system, trash/waste disposal, rules of usage, etc. e. Exercise/Picnic Area: Clarify the location of this amenity. f. Bicycle Parking: Bicycle parking should be located near each Apartment Buildings. If any Bike Parking facilities are proposed internal to the buildings, then the Plans should note as such. i. Staff recommends adding bike racks near each recreation amenity, especially the Clubhouse. ii. Staff encourages providing covered bicycle parking opportunities within the 8

Item 1. S-23-19: Windward Ridge Apartments Active Recreation Area Plan Review for Parks and Recreation Meeting of October 10, 2023 Page 6 of 6 buildings or as an extension of the garage buildings. g. Pedestrian Facilities Internal to the Site/ Connectivity: The layout of the proposed sidewalks internal to the site are generally good. i. Make sure to connect the bike racks and the recreation areas directly to the pedestrian paths or sidewalks. ii. Add Pedestrian marked crossings where sidewalks and trails cross drive aisle. Add at trail crossing south of Building 10. iii. Ensure curb cuts or ramps shown on sidewalks near drive aisle crossings; add accessible ramps where necessary. iv. Ensure wooden footbridge crossings do not impact wetland areas. h. Adequate Lighting for the Site: Please detail the light fixtures to be used and add lighting to the parking lots. i. Landscaping: Specific tree species will need to be identified on the plans and signed off by a Landscape Architect as per Zoning Ordinance. i. Tree placement providing shade to recreation amenity areas is encouraged. VI. ADVISORY COMMENTS 1) This Site Development Plan set depicting the Recreational Areas are to include appropriate improvements, plans, and details of the Active Recreation Area as approved. 2) There shall be provisions which ensure that the community space (all areas under consideration for Active Recreation Areas) shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of the common use areas or provide for and establish one (1) or more organizations for the ownership and maintenance of all common space i.e., a Homeowners Association or other property management entity. The organization shall be responsible for maintenance, insurance, and taxes on the community space. 3) In the event, that major changes and revisions to the Plan occur in the finalization of the Plan contact the Planning Office. Examples include reorientation of buildings, relocation of site components, changes in floor area or unit count, or design revisions impacting Active Recreation Areas. These changes may require resubmission for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regard to the plan. 4) The Parks, Recreation, and Community Enhancement Committee shall submit to the Planning Commission a report detailing the recommendations as to the Recreation Area Plan. Attachments: • Select Sheet from Site Plan S-23-19: Sheet 1 – Title Sheet, Sheet 3 – Existing Conditions Plan, and Sheet 8 – Conceptual Landscape & Active Recreation Plan • Architectural Drawings and Photo Series Set 9

Item 1. SITE DATA: SITE MORRIS & RITCHIE ASSOCIATES, INC. ENGINEERS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS 18 BOULDEN CIRCLE SUITE 36 NEW CASTLE, DE 19720 302-326-2200 302-326-2399 FAX DEVELOPER JACK LINGO ASSET MANAGEMENT 246 REHOBOTH AVENUE REHOBOTH BEACH, DE 19971 (302) 226-6645 LOCATION MAP WINDWARD RIDGE NORTH SITE KENT COUNTY, DELAWARE LOCATION MAP CITY OF DOVER LEGEND: GENERAL NOTES: NW NW FP FP © CONTENTS COPYRIGHT 2023 MORRIS & RITCHIE ASSOCIATES, INC. SHEET INDEX: OWNER CERTIFICATION (PARCEL OWNER 02.00): CERTIFICATION (PARCEL 03.00): SHEET TITLE PRELIMINARY PLAN TITLE SHEET SHEET NUMBER ENGINEER'S CERTIFICATION: OWNER CERTIFICATION (PARCEL 04.00): 1 OF 8 10

Item 1. FP FP LEGEND FP FP FP FP / SOILS TABLE: FP FP FP FP / FP FP / FP NW NW / FP / NW NW MORRIS & RITCHIE FP / FP / FP ASSOCIATES, INC. FP FP FP FP / FP FP / ENGINEERS, PLANNERS, / / / / SURVEYORS, AND LANDSCAPE FP / FP / FP FgcA ARCHITECTS NORTH FP FP FP / / FP / NW NW NW 18 BOULDEN CIRCLE / SUITE 36 / FP / NEW CASTLE, DE 19720 / FP FP NW CURVE TABLE 302-326-2200 FP / / / / 302-326-2399 FAX NW NW FP / NW CURVE # LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH / FP / DEVELOPER FP / / FP / Za / / NW NW JACK LINGO ASSET MANAGEMENT 246 REHOBOTH AVENUE FP / REHOBOTH BEACH, DE 19971 / FP S (302) 226-6645 /FP NW / SA FP NW N / FP / / FP SA N / Za NW / / NW SA N LINE TABLE / / SA WINDWARD RIDGE / NW NW N LINE # LENGTH DIRECTION / / / S / / SA N / / / SA FgcA / / / N / / SA / N SA / N / SA N FgcA / S / / / / NW NW NW / NW NW / / NW / / NW / / / NW / / KENT COUNTY, DELAWARE G / G / NW / / / G / G / G / / WocA / NW / / / G / / W G / / / G S NW W G / / W NW / G G / / CITY OF DOVER / W G G W / / / G NW W / NW NW NW WdcB W G NW NW / NW W / / G FgcA W G W CoA / / W / G W / / / / G W / / FgcA / G W / / / / W / G HbB / W / / / / / / G / W / / / / / / / / G W / / / / / / / / / / G W / / / / / W G / / / W / / / G / W HbB G / / W / / © CONTENTS COPYRIGHT 2023 / / MORRIS & RITCHIE ASSOCIATES, INC. WdcB G W / / / / G W / / / / G W / / / HbB G W / W / / / G / / W / / G W SHEET TITLE / W / G / / W PRELIMINARY PLAN EXISTING CONDITION / W / / W / / W / SHEET NUMBER / W / / W / / / / W W 3 OF 8 / / 11

Item 1. FP FP FP FP SITE NOTES: FP FP FP FP FP FP FP FP FP FP MORRIS & RITCHIE FP FP FP ASSOCIATES, INC. FP FP FP FP ENGINEERS, PLANNERS, SURVEYORS, AND LANDSCAPE FP ARCHITECTS FP FP NORTH FP FP FP FP NW NW NW 18 BOULDEN CIRCLE SUITE 36 FP NEW CASTLE, DE 19720 FP FP NW 302-326-2200 FP 302-326-2399 FAX NW NW NW FP FP FP NOTES: DEVELOPER FP NW JACK LINGO ASSET MANAGEMENT NW 246 REHOBOTH AVENUE FP REHOBOTH BEACH, DE 19971 FP (302) 226-6645 FP NW FP NW FP FP NW NW WINDWARD RIDGE NW NW NW NW NW NW NW NW NW NW KENT COUNTY, DELAWARE // // // NW // NW // NW // // NW CITY OF DOVER // // // NW NW NW NW NW NW NW LEGEND © CONTENTS COPYRIGHT 2023 MORRIS & RITCHIE ASSOCIATES, INC. NW NW NW NW FP FP SHEET TITLE PRELIMINARY PLAN // // ACTIVE RECREATION AND LANDSCAPE PLA SHEET NUMBER 8 OF 8 12

Windward Ridge Item 1. Building Architecture – While the architectural plan design will not begin until after Preliminary Approval, we expect to construct buildings of similar design and finishes as we have used in other recent projects. 13 *Buildings shown were constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Building Architecture – Front Perspective 14 *Buildings shown were constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Building Architecture – Front and Side Perspective 15 *Buildings shown were constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Garage Architecture – The garage architecture and finish materials will be similar to, and cohesive with, the main apartment buildings. 16 *Garage buildings shown are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Amenity Architecture – Similar to the buildings, amenity architectural plan design will not begin until after Preliminary Approval. However, we expect to construct an amenity comparable in size and finishes to another recent JLAM project. 17 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Amenity Architecture – Front Perspective 18 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Amenity Architecture – Rear Perspective 19 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Amenity Programming – Clubhouse Interior Main Entrance Office Business Center Yoga Room M&W Restrooms Great Room Game Tables Fitness Center TV Lounge Social Functions Pool Deck Pool Deck 20 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Amenity Programming – Great Room Typical Finishes 21 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Amenity Programming – Great Room Typical Finishes 22 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Amenity Programming – Yoga Studio & Fitness Center Typical Finishes 23 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Amenity Programming – Clubhouse Exterior – Typical Features Outdoor Kitchen / Grilling area Ample Pool Deck with Seating Resort Style Pool Social Social / gathering eating area areas Arch. / shade Cornhole, features bocce, game area 24 *Illustration shown for programming intent only, not for specific locations on Windward Ridge amenity site

Windward Ridge Item 1. Amenity Programming – Clubhouse Exterior 25 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Amenity Programming – Clubhouse Exterior 26 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Amenity – Active Open Space – We plan to complement the wooded walking trails with our “Thicket” concept, which is a curated selection of features concentrated within the designated area to enable residents to enjoy the surrounding natural and serene setting. 27 *Area shown were constructed by JLAM at our project Welches Pond located in Lewes, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 1. Entrance Monument – Our planned entrance monument will be constructed of natural materials that compliment the community aesthetic. It will be located in the median of the entryway, providing signage in both directions. 28 *Area shown were constructed by JLAM at our project Welches Pond located in Lewes, DE and are intended to be indicative of the design intent for Windward Ridge.

Item 1. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Leg & Fin) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: September 29, 2023 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg, III, City Manager SUBJECT: North Bradford Street – Street, Sidewalk and Tree Plan TIMETABLE: Conduct an informational session with residents within 30 calendar days of approval and create bid specifications within 60 calendar days of approval. RELATED PROJECT: FY 2021 Street and Alley Program REFERENCE: CIP – General Fund Projects EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a STAFF RECOMMENDATION: Authorize staff to proceed with creating bid specifications as described below after conducting an informational session with residents. BACKGROUND AND ANALYSIS: On July 7, 2021, city staff conducted a public meeting with residents of North Bradford Street to discuss the future street rehabilitation. The meeting outlined the design issues with this street project, specifically the trees that are creating tripping hazards and non-compliant with the American with Disabilities Act (ADA) requirements. Per the city’s ADA Transition Plan, when a street is rehabilitated from curb to curb, the city must upgrade any sidewalk that is not conforming with ADA regulations. During the meeting, public concern was raised about the fact that seventy-five (75) trees would need to be removed in order to meet the ADA requirements. The public wants to keep the trees. Other alternatives to meet ADA would include realignment of the sidewalk, either on public property, or by limiting street parking. The residents were not fond of these alternatives. Due to the public comments, the city decided to look at alternative methods to address the ADA concerns and to keep as many trees on the street as possible. The city worked with a consultant to create a plan that could meet the ADA requirements as well as the public requests. The plan is for the city to utilize a product called Flexipave, or approved equal, which is a product that can be installed around tree roots and formed to allow a smooth walking surface. This material has a five (5) year warranty and will allow the trees to continue to survive in their current condition. There would 29

Item 1. be approximately a 5-8% increase to the project cost if the city went with this product, compared to traditional concrete sidewalk. If the city moves forward with this product the trees will remain in the same location and the roots, which are also under the pavement will need additional attention. This is referred to as “hand work milling”, which would add approximately $15,000 to the project. Typically, the milling is conducted with a machine. The machine will increase the efficiency of the construction phase but could damage the tree roots. Finally, by keeping the trees in the current location, roots that are overgrowing the curbs would remain. The curbs in these scenarios would not be upgraded. Overall project estimates from the consultant for this project are approximately $1.25 million. The current budget for this project is $800,000. The city would need to utilize unused funds from other general fund projects to supplement the potential shortfall. City staff recommends proceeding with the project as outlined above as well as conduct a public meeting to provide information to the residents. This would occur prior to the project being bid. 30

Item 1. NOR ORD RADF TH B ET STRE LEGEND ROAD REPAIR CONCRETE REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2020 STR T N LL R R N RT R R STR T DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 7/03/19 31 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2020-01

Item 1. Tree Concern Examples 712 North Bradford Street 704 North Bradford Street 32

Item 1. Tree Concern Examples (continued) 606 North Bradford Street 606 North Bradford Street 33

Item 1. Tree Concern Examples (continued) 231 North Bradford Street 536 North Bradford Street 34

Item 1. Tree Concern Examples (continued) 520 North Bradford Street 400 North Bradford Street 35

Item 1. Example of Flexipave being installed around a tree with root issues in Cambridge Massachusets. 36

ACTION FORM Item 2. PROCEEDING: Council Committee of the Whole (Legislative, Finance and Administration Committee) DEPARTMENT OF ORIGIN: Fire/Robbins Hose DATE SUBMITTED: September 29, 2023 PREPARED BY: David Carey, Fire Chief SUBJECT: Authorization to Apply for Staffing for Adequate Fire and Emergency Response (SAFER) Grant REFERENCE: RELATED PROJECT: N/A REVIEWED BY: David S. Hugg, III, City Manager EXHIBITS: EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): Fire Department Budget TIMETABLE: Apply for the 2023 SAFER Grant in late 2023, grant will be awarded mid to late 2024. STAFF RECOMMENDATION: Authorize the Fire Chief to apply for Staffing for Adequate Fire and Emergency Response (SAFER) Grant. BACKGROUND AND ANALYSIS The Staffing for Adequate Fire and Emergency Response Grants (SAFER) is a federal grant that was created to provide funding directly to fire departments and volunteer firefighter interest organizations to help them increase or maintain the number of trained, "front line" firefighters available in their communities. The goal of SAFER grant is to enhance the local fire departments' abilities to comply with staffing, response and operational standards established by the National Fire Protection Association (NFPA 1710 and/or NFPA 1720). While the Dover Fire Department continues to recruit volunteers there has been a decline Nationwide in recruitment and retention as well as within the City of Dover. While the fire department strives to remain volunteer, the need for supplemental staffing is needed. During the FY23 budget request the Fire Chief requested 6 positions for supplement volunteer staffing at the fire stations. These positions would be career firefighters working a 24/72-hour shift. There would be one career firefighter 24 hours a day at Station 1 and one career firefighter at Station 2, 12 hours a day, 7 days a week. These firefighters would be universal employees, who could ride in any position on a piece of fire apparatus and serve as the Incident Commander as needed, when a fire officer is not present. The Robbins Hose Company is requesting permission for the Fire Chief and City Manager Hugg to apply for the SAFER Grant requesting funding for 5 firefighter positions for the Fire Department which would be City of Dover employees. The volunteer Fire Chief would continue to be the Department head and Supervised by the Fire Department Administrative Manager. Currently, the SAFER grant would fund the new positions 100% for up to four years. After four years the employees would become the responsibility of the City of Dover for funding the positions. These positions would be eligible for the 20-year County/Municipal Firefighter/Police State Pension plan. The request is to apply for the SAFER Grant to provide five (5) career firefighters to supplement volunteer staffing within the fire department. This would include the cost of Health Benefits, 20-year County/Municipal Firefighter/Police State Pension plan. 37

Item 4. ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee MEETING DATE: 10/10/2023 DEPARTMENT OF ORIGIN: City Clerk’s Office on Behalf of Councilman Hare, Anderson, and Pillsbury PREPARED BY: Andria Bennett, City Clerk DATE SUBMITTED: 10/04/2023 SUBJECT: Ethics Commission Sec. 30-71 – Established; composition; removal; terms of office; vacancies; chairperson; quorum; compensation; legal counsel RELATED PROJECT: None APPROVALS: CCW/LF&A Committee and City Council EXHIBITS: Draft Ordinance #2023-11 - Ethics Commission Sec. 30-71 – Established; composition; removal; terms of office; vacancies; chairperson; quorum; compensation; legal counsel EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget) N/A TIMETABLE: Ethics Commission recommendation to Mayor and City Council on September 27, 2023 RECOMMENDED ACTION: Approve proposed ordinance #2023-11, adding a residency requirement to serve on the Ethics Commission. BACKGROUND AND ANALYSIS This ordinance adds a residency requirement to serve on the Ethics Commission. 38

Item 4. INTRODUCTION CITY OF DOVER PROPOSED ORDINANCE #2023-11 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 30 – Standards of Ethical Conduct and Ethics Commission, Article III – Ethics 5 Commission, Section 30-71. Established; composition; removal; terms of office; vacancies; 6 chairperson; quorum; compensation; legal counsel be amended by inserting the text indicated in bold, 7 blue, and deleting the text indicated in red strikeout as follows: 8 9 Sec. 30-71. – Established; composition; removal; terms of office; vacancies; chairperson; 10 quorum; compensation; legal counsel 11 12 (a) Established; composition; removal. The city ethics commission is hereby established 13 to administer and implement this chapter. The ethics commission shall consist of five 14 members, all residents of the city, appointed by the mayor and confirmed by the city 15 council. No member of the commission shall hold any elected or appointed office under 16 the government of the United States or the state, county, or city. Members of the ethics 17 commission may be removed by the mayor, with the concurrence of the city council, 18 for substantial neglect of duty, gross misconduct in office, or a violation of this chapter. 19 20 (b) Terms of office; vacancies. A member of the ethics commission shall be appointed for 21 a term of office of five years and until his successor has been appointed and has 22 qualified. The members shall be appointed for staggered terms of office, and until their 23 successors have been appointed. When a vacancy occurs in the membership of the 24 ethics commission, it shall be filled by appointment for the unexpired portion of the 25 term in the same manner as the original appointment. 26 27 (c) Chairperson; quorum. The ethics commission shall elect a chairperson from among its 28 membership. Three members of the ethics commission shall constitute a quorum, and, 29 if a quorum is present, a vacancy on the ethics commission shall not impair the right of 30 the remaining members to exercise all the powers of the ethics commission. 31 Disciplinary hearings may be conducted, and sanctions may be imposed only by the 32 affirmative action of at least three members; otherwise, the ethics commission may 33 delegate authority to the chairperson to act for the ethics commission between 34 meetings. 35 36 (d) Compensation. Members of the ethics commission shall receive no compensation. 37 38 (e) Legal counsel. The city solicitor shall provide legal counsel to the ethics commission 39 and shall be the legal representative of the ethics commission in connection with its 40 duties hereunder, on a case-by-case basis, or determine that outside counsel is needed 41 and obtain such outside counsel for a particular matter. 42 43 (Ord. No. 2017-14, 12-11-2017) 44 39

Item 4. Proposed Ordinance #2023-11 Amending Chapter 30 – Standards of Ethical Conduct and Ethics Commission, Article III – Ethics Commission - Section 30-71 - Established; composition; removal; terms of office; vacancies; chairperson; quorum; compensation; legal counsel Page 2 45 ADOPTED: 46 47 SYNOPSIS 48 This ordinance adds a residency requirement to serve on the Ethics Commission. 49 50 (SPONSORS: ANDERSON AND PILLSBURY ) 51 52 Actions History 53 10/10/2023 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee 40

Item 5. City of Dover MAYOR AND COUNCIL PROPOSED COUNCIL RESOLUTION NO. 2023-16 1 A RESOLUTION TO PERMIT THE CITY OF DOVER TO ENTER INTO A CONTRACT 2 WITH THE STATE BOARD OF PENSION TRUSTEES TO ALLOW THE CITY TO 3 PARTICIPATE IN THE STATE OF DELAWARE COUNTY AND MUNICIPAL 4 PENSION PLAN 5 6 WHEREAS, the City of Dover wishes to provide its employees with a pension benefit through the 7 Delaware Public Employee’s Retirement System; and 8 9 WHEREAS, the General Assembly of the State of Delaware has passed Legislation providing for 10 a uniform Pension Plan for Counties and Municipalities in the State of Delaware which legislation 11 has been designated in the Delaware County and Municipal Pension Plan, 29 Del. C. § 5555); 12 13 NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Council of the City of Dover, 14 Delaware, the governing body of City of Dover, as follows: 15 16 1. That the Council hereby elects to participate in the County and Municipal Pension Plan 17 on or after January 1, 2024, if approved by the Board of Pension Trustees of said Plan; 18 which said election shall cover all existing non-police employees; 19 20 That the City Manager is hereby directed to forward this Resolution to the State of 21 Delaware, Board of Pension Trustees and do other things necessary to implement said election. 22 The City Manager is also authorized to take necessary action to execute such documents that may 23 be required to terminate, transfer, or assign the prior pension or retirement plans. 24 25 26 27 28 29 30 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 31 32 33 34 35 36 37 38 39 P. O. Box 475 Dover, DE 19903 41 Community Excellence Through Quality Service

Item 7. PROPOSED COUNCIL RESOLUTION NO. 2023-16 PAGE 2 40 By order of the City Council of the City of Dover. 41 42 43 44 City Clerk 45 46 ADOPTED this ___ day of October 2023. 47 48 CITY OF DOVER, DELAWARE 49 Attest: 50 51 52 Clerk, Dover City Council President, Dover City Council 53 54 55 APPROVED by the Mayor of the City of Dover on the ___ day of October 2023. 56 57 58 Mayor P. O. Box 475 Dover, DE 19903 42 Community Excellence Through Quality Service