CCW and Attachments 1-2 Redacted

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on February 13, 2024, at 6:00 p.m. with Acting Council President Anderson presiding. Members of Council present were Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, and Mr. Rocha. Council President Hare and Mr. Sudler 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. Shevock (via WebEx), and Ms. Smith (via WebEx) (Legislative, Finance, and Administration). Mr. Iriowen, and Mr. Pugh (Utility) were absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury 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. Parks and Recreation Update (Robin Eaton, Director of Parks and Recreation) Mr. Robin Eaton, Director of Parks and Recreation provided an update regarding the Schutte Park and Dover Park projects. Committee Action Not Required Mr. Eaton reported that in Schutte Park, the Dog Park is scheduled to receive water in the spring, and they have continued to plant trees to provide natural shade. Mr. Eaton stated that the DIY Skatepark will be ready for concrete once there is a break in the weather. Mr. Eaton explained that the DIY section is close to the final resting spot for the city's skate park project which will include a bowl and streetscape. The goal is to connect the two with a pump track. Mr. Eaton reported that in Dover Park, a new building is being built and the windows are in, there are only a few minor things to work out, but it should be wrapped up soon. Mr. Eaton explained that a few things changed with the spray pad from the manufacturer, affecting both the design and the start of construction. One of the main issues is the elevation and where the new tank needs to go but the spray pad should be wrapped up shortly after the building. The final project at Dover Park is the accessible playground. Mr. Eaton stated that the equipment is arriving and after meeting with the contractor the project is on track to be installed in the early spring. Mr. Eaton explained that Kent Construction will likely do the sitework for the sidewalks and curbing around the playground.

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 2 Mr. Eaton reported that the Duathlon will be held on April 20, 2024, with a goal of having 200 participants this year. Mr. Eaton reported that upon the recommendation of Councilman Rocha, they brought in a 40-and-over women’s Double Dutch group, who will be using the multipurpose room until the new Dover Park building is completed. Mr. Eaton noted that the group had already started using the facilities and had 34 people attend the first night. Mr. Eaton also explained that he is trying to fill the Pitts Center during the day. Mr. Eaton stated that they have Bocce Ball on Mondays, and Men’s Senior Softball on Tuesdays and Thursdays. The time slot that Mr. Eaton is looking to fill is 10:00 a.m. until 3:00 p.m. Mr. Eaton explained that he welcomes collaboration with daycares or mommy groups, and he has been in contact with KSI about using the facility for some activities. Finally, Mr. Eaton reported that at the end of the fall, they received grant funding for electric mowers. They have since received a Ford Lightning and utilized an existing enclosed trailer which was retrofitted with fittings for the electric mowers to be plugged into. Mr. Eaton explained that come Spring they will have a mowing unit that is entirely electric from the truck pulling the trailer to the two mowers and hand tools for weeding and blowing. Ms. Arndt thanked Mr. Eaton and his crew at the Pitts Center for their open gym and basketball program. Ms. Arndt stated that the program has been a godsend on the days when school is closed, and the weather is not the best. Ms. Arndt stated that sending the kids over to the Pitts Center to play basketball is a terrific way to get them out of the house. Responding to Ms. Arndt, Mr. Eaton stated that Sherwanda handles the summer camps, and anyone can call to get the dates. Mr. Eaton stated that typically, the camps start the Monday after Capital School District ends and continue until the Friday before they go back. Responding to Ms. Arndt, Mr. Eaton stated that Towne Point is where the afterschool program is and Ms. Thompkins is very informative with the programs, but he would follow up and make sure informational items are going out. Responding to Mr. Boggerty, Mr. Eaton stated that he would like an amphitheater out at Schutte Park. Mr. Eaton explained that Sherwanda handles the Concerts on the Green as well and they have talked about expanding the event or expanding the event and moving it to a different location. Mr. Eaton stated that expanding the series is in the back of their minds, and so is an amphitheater. Responding to Mr. Anderson, Mr. Eaton stated that everything on the mowers is electric. Mr. Eaton explained that they are battery-powered and that the blades, wheels, and lights all use battery power. Responding to Mr. Anderson, Mr. Eaton stated that regarding programs, there is still a policy in place that allows children of people who receive food stamps to receive a fee waiver. Mr. Eaton also explained that there are also cost benefits for city residents. Responding to Mr. Rocha, Mr. Eaton stated that he and Mr. Boggerty shared the same vision for Williams Park. Mr. Eaton explained that the park had been neglected for some time. Mr. Eaton

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 3 expressed his desire to install a Bocce Ball court, corn hole boards, and focus on the basketball courts. Mr. Eaton added that once he gets through the five big projects, he will work on that vision. Responding to Mr. Neil, Mr. Eaton stated that he and Mike Lewis have previously discussed ideas for partnering with the racetrack and their facility. Mr. Eaton explained that one of the things he is interested in hosting there is a droid show. Mayor and Council Reports – January 2024 Council President Hare Council President Hare was absent, and no report was given. First District Dr. Pillsbury reported that she attended the Delaware League of Local Governments meeting, and as Mr. Rocha will discuss, they have a First District Town Hall scheduled for March 7, 2024. Mr. Rocha reported that he attended the Governor's Walk regarding the Downtown Dover Revitalization funding announcement. Mr. Rocha reported that he and Ms. Arndt helped facilitate the Unsheltered Working Group at the Dover Library. Mr. Rocha stated that he coordinated with Mr. Eaton on the women’s 40 and over Double Dutch program at the Pitts Center. Mr. Rocha reported that he has been working with Namati which empowers EMBARC (Economic Mobilization to Benefit and Resource Communities), and they have set up a community meeting for February 24, 2024, at 11:00 a.m. at the Dover Public Library. Mr. Rocha stated lunch would be provided while they discussed the possibilities around the St. Jones Dover River Park Project. Mr. Rocha explained that he has been assisting a great-grandmother, who has custody of her four great-grandchildren in looking for a larger home. Mr. Rocha also reported that he has been hosting and attending meetings with Mr. Hugg, Ms. Duca, and the state legislators to discuss potential funding to remediate contamination on property along the St. Jones River, that was once a dump site and sewer plant. Second District No report was given. Third District Mr. Neil reported that he has held several discussions regarding the parking ordinance, as well as working on some complaints, which he has included Ms. Arndt and Mr. Boggerty on. Mr. Neil stated that he received a complaint regarding leaves in the Bradford area, which Mark Nowak and his Public Works team responded to immediately. Mr. Neil also stated that he attended the Governor’s Walk regarding the Downtown Dover Revitalization funding. Ms. Arndt gave an update from DelDOT regarding the six-way intersection at Ross-Bradford and Governors. Ms. Arndt stated that the engineering plans have been approved and are being handed off to the field operations team. Ms. Arndt explained that the next step would be issuing a notice to proceed to the contractor to order the materials and schedule the construction.

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 4 Fourth District Mr. Anderson reported that he has assisted neighbors on South Bradford Street, who are concerned with people sleeping on people’s properties, in their bushes, and at people's back doors. Mr. Anderson reported that they are trying to adjust their landscaping to make those areas more visible. Mr. Anderson stated that there were nine different complaints between South Governors and South Bradford Street. Mr. Anderson reported that Millcreek had several infrastructure concerns (Attachment #1). Mr. Anderson thanked Representative Bush, and Ms. Duca, Assistant City Manager, for their help in analyzing the issues so that they can be workable and solvable. Mr. Anderson also reported that constituents in Lincoln Park had some positive action regarding dumping issues between Simon Circle and Lincoln Park in November, however, they are starting to see issues again (Attachment #2). Mr. Anderson thanked Mr. Kopp, Chief Code Enforcement Officer, who has opened a new case. Mr. Sudler was absent, and no report was given. At-Large Mr. Boggerty reported that he attended a meeting hosted by Senator Buckson, along with Mr. Rocha, Kent County Levy Court Members, and other members of the community who are interested in starting a Harriet Tubman trail. Mr. Boggerty explained that former Councilman Taylor shared the same desire and perhaps he could be looped back into the conversation. Mr. Boggerty reported that he has been assisting a constituent on Green Blade Drive with identifying who is responsible for the alley as trash is collecting and being blown through it. Mr. Boggerty stated that he went to a constituent's home concerning Mr. Neil’s recent issues with handicapped parking. Mr. Boggerty stated that the situation has escalated and unfortunately, while anyone can request handicapped parking, anyone in the neighborhood can also park in the parking spot. Mr. Boggerty reported that he attended the Governor's Walk and will be attending the Police Academy Graduation. Mr. Boggerty stated that he met with the business owner of Top Notch Sewing Connection regarding a cubby hole where individuals have set up a lawn chair and have been seen using drugs. Mr. Boggerty spoke to the individuals and asked the Chief of Police to keep an eye on that area. Finally, Mr. Boggerty stated that after working with Tracy Palmer and working around some other events, Unity Day will be held on June 29, 2024. Mr. Boggerty stated that the theme will be forthcoming, and he hopes he and Mr. Rocha can discuss the possibility of having a basketball tournament at Dover Park. Mayor Christiansen Mayor Christiansen was absent, and no report was given. 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

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 5 Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. Carbon Column Replacement – Component 2 (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director reviewed the background and analysis of the Carbon Column Replacement. Staff recommended awarding the contract to Old Dominion Insulation, Inc. for the amount of $120,100. Responding to Mr. Lewis, Mr. Lyon stated that they solicited bids from eight firms that have the expertise for the project. Mr. Lyon also stated that they looked regionally but did not do a nationwide search. Responding to Mr. Lewis, Mr. Lyon stated that they utilized the Office of Supplier Diversity which provides not only Delaware firms but also out-of-state firms. Mr. Lyon stated that they do not have to be a Delaware resident to be on the list, they must be able to show that they have a license in Delaware to do the work. Mr. Neil moved to recommend approval of staff recommendations to award the contract to Old Dominion Insulation, Inc. The motion was seconded by Ms. Arndt and unanimously carried. Stormwater Utility Discussion (Sharon Duca, Assistant City Manager / Mark Nowak, Public Works Director Ms. Sharon Duca, Assistant City Manager, and Mr. Mark Nowak, Public Works Director reviewed the background and analysis of the Stormwater Utility proposal. Staff recommended authorizing staff to include the Stormwater Utility in the FY25 Budget. Responding to Mr. Neil, Ms. Duca stated that the stormwater utility applies to all properties within the City of Dover. Regardless of their nonprofit status, the rates would still apply. Responding to Mr. Lewis, Mr. Nowak stated that it would be on a separate bill. Responding to Mr. Lewis, Mr. Nowak stated that regarding quality credits, the community would have to submit a document or engineering plan. Using the document and the credits manual, they would establish the percentage of credits. Mr. Nowak stated that for quantity credits, they have been working closely with Newark because they have implemented a similar project and have not received any requests. Mr. Nowak stated that they have been using their input to set up the criteria. Responding to Mr. Lewis, Mr. Nowak stated that he did not believe this would increase residents' property taxes. Responding to Ms. Arndt, Mr. Nowak stated that they currently have a Stormwater Coordinator position open, which they have interviewed for, and they also have an Environmental Scientist on

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 6 staff. Mr. Nowak stated that they would be adding one employee to the environmental staff, and with that additional person, he believes that they will have the staff to handle the Stormwater Utility. Responding to Ms. Arndt, Mr. Nowak stated that the only issue that they have seen from Newark is that they have not had anyone apply for quantity credits and will handle them if they come up. Mr. Nowak stated that they plan to come up with a matrix ahead of time. Responding to Ms. Arndt, Ms. Duca stated that they plan to work with Customer Service and Trish Marney, who has been working with some of the key accounts in the city that would be affected by the implementation. Responding to Mr. Anderson, Mr. Nowak stated that the owner of the apartment complex would receive the bill and however they want to deal with the charge would be up to them. Responding to Mr. Anderson, Ms. Marney stated that they do not have an EFT option available for the billing, however, they will be able to pay online through the city’s website portal. Responding to Mr. Anderson, Ms. Marney stated that the intention would be to mail the bills quarterly, which would be done through the general billing process through the Munis Tyler system. Ms. Marney also stated that it would not be on the tax bill and that it would not be on the utility bill, it would be a separate billing. Responding to Mr. Anderson, Ms. Duca stated that the Stormwater Utility per federal ruling cannot be applied to Dover Air Force Base. Responding to Mr. Anderson, Ms. Marney stated that they could use the city collection process and that they could explore the municipal docket as well. Responding to Mr. Boggerty, Mr. Hugg stated that many other cities have increased costs in other areas, but he does not feel that it would drive away business by implementing the Stormwater Utility. Mr. Hugg stated that they may see the charge up front but when they look at Harrington, they may see the same charge down the line in a different capacity. Responding to Mr. Lewis, Mr. Hugg stated that currently, the Stormwater Utility is part of the General Fund Budget. Mr. Hugg continued to state that it makes up about $4.5 million dollars, which must be paid out of current revenues, and current operations. Mr. Hugg stated that if this was not implemented then there would have to be some kind of adjustment such as raising taxes, to cover the deficit, including the Stormwater Utility. Responding to Mr. Rocha, Mr. Nowak stated that the public can go on the City of Dover website to the parcel and zoning map, type in their address and it will give them their zoning information. Mr. Neil moved to recommend acceptance of the staff recommendations on the Stormwater Utility. The motion was seconded by Dr. Pillsbury and carried with Mr. Anderson abstaining.

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 7 Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 7:28 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. Shevock and unanimously carried. Sale and Disposition of Excess Real Property – 312 W. Loockerman Street (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the sale and disposition of 312 W. Loockerman Street. Staff recommended authorizing the sale by the City Manager. Mr. Hugg noted that the Family Dollar may not renew their lease due to a lack of foot traffic, and their facility being too small. Mr. Hugg stated that a realtor contacted him regarding Family Dollar's interest in the property behind Family Dollar. Mr. Hugg also stated that Tracy Palmer reached out to him regarding her ministry being interested in the property. Mr. Hugg asked that the item be tabled so that he could meet with Ms. Palmer and decide whether that property is appropriate for her. Mr. Rocha moved to recommend allowing Mr. Hugg to defer his recommendation until he has a chance to meet with Ms. Palmer. The motion was seconded by Mr. Neil and unanimously carried. Proposed Ordinance #2024-06 – Amending Chapter 102 – Taxation, Article VIII – Lodging Tax (David S. Hugg, III, City Manager, Councilman Anderson, and Councilman Neil) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the proposed Ordinance #2024-06. Staff recommended the acceptance of Ordinance #2024-06. Mr. Neil stated that when the ordinance was originally proposed there was pushback from the hotel and motel industry. Mr. Neil explained that it was dedicated to infrastructure and that the infrastructure is used by visitors who are using the infrastructure but not paying anything. Responding to Mr. Lewis, Mr. Hugg stated that the ordinance affects anyone subject to the state law, which is hotels, motels, and some rooming houses. Mr. Hugg continued to state that if they wanted to add Airbnb, it would have to go through the state legislative process to get that authority.

COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 8 Mr. Neil moved to recommend acceptance of the staff recommendations for approval of Ordinance #2024-06. The motion was seconded by Dr. Pillsbury and carried with Mr. Lewis abstaining. Consideration of DSU Offer – City Repurchase of Former City Library (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the consideration of the DSU offer for the City to repurchase the former City Library. Staff recommended rejecting the DSU offer and Council declining the purchase. Responding to Mr. Boggerty, Mr. Hugg stated that the restriction was that if the city were to repurchase, they would be required to pay the average of two market appraisals, one obtained by the seller, and the second obtained by the city. Mr. Hugg noted that it would cost more than a dollar to buy the building back. Mr. Anderson stated that the state was going to buy the building and opted not to. When the sale fell through the state highly recommended offering it to Wesley College. Mr. Anderson stated that the state provided extra bond bill money to help with the city’s infrastructure. Mr. Neil moved to recommend acceptance of the staff recommendation to reject the purchase of the former city library. The motion was seconded by Mr. Lewis and carried with Ms. Smith voting no. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 7:52 p.m. Acting President Anderson moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 7:52 p.m. William F. Hare Council President Attachments Attachment #1 - Millcreek Concerns as reported by Councilman Anderson Attachment #2 - Lincoln Park Concerns as reported by Councilman Anderson

ATTACHMENT #1 Council Committee of the Whole Meeting of 02/13/2024 MILLCREEK SUBDIVISION CONCERNS RE: 12/4/23 email from Alysha Brannon to Councilman Anderson # CONCERN / REQUEST RESPONSE RESPONSIBILITY 1 1 Rodent Issues - Pest control efforts. - The City does not perform pest control. Homeowners - Mandatory cutting of The City cannot force surrounding fields. - The adjacent fields along West Denneys are proposed for subdivisions. a property owner to They have been used as agricultural fields which are exempt from the cut fields when 'weeds' ordinance. If they are allowing the fields to lay fallow they may exempt from the need to make the request for approval of natural/meadow which has 'weeds' ordinance. been approved by the City at other locations and is also exempt from the 'weeds' ordinance. These properties, and others adjacent, include wooded and wetland areas which are beneficial to wildlife and could be contributing to rodent issues as well. 2 Gristmill Sinkhole2 - Sinkhole A sinkhole was repaired at 37 Gristmill Drive on 11-3-23. Defective City of Dover material in the sinkhole was excavated and no identifiable defect was found. New materials were placed and compacted. - Repaving of neighborhood. The roads within Millcreek are currently listed in the Preventative City of Dover category. There are 324 road segments ahead of these roads in the queue and they are in the Reconstruction and Rehabilitation categories. The repaving of Millcreek would be in excess of 10 years out. There is a possibility that CTF funds from area legislators could be requested to allow the work to happen sooner. 3 Neighborhood Signs3 - Repair or replace signs. - Subdivision Sign The sign located at Millcreek Drive and McKee Road is private. It is not Homeowners the responsibility of the City to maintain and appears to be located on private property. - Park Sign City staff visit the park at least once per week and monitor the park sign City of Dover for repairs. - Traffic Signs The traffic signs are in good condition. City of Dover 4 Millcreek Park4 - Picnic tables Current plan to install within 3 to 5 years with a pavilion. City of Dover - Benches Currently around playground. Additional to be installed with a walking City of Dover trail. - Walking track Current plan to install within 2 to 3 years. City of Dover - Basketball court Current plan to install within 1 to 2 years. City of Dover - Football field Currently football is not covered by insurance. City of Dover - Batting cages Currently not provided at any park. Would need to research with City of Dover insurance. - Swings Staff can look into installation over the next year. City of Dover 1 Research assistance provided by the Planning Office. 2 Research assistance provided by the DPW Streets Division and the DWW Engineering Division. 3,4 Research assistance provided by Parks & Recreation. No HOA listed as per City Clerk.

On Sat, Nov 11, 2023 at 12:12 PM > wrote: Thank you for following up, Mayor Christiansen and Mr. Anderson. I look forward to hearing from you. Kind regards, On Sat, Nov 11, 2023, 9:50 AM Christiansen, Robin <rchristiansen@dover.de.us> wrote: Thank you for your Email. I will contact Public Works and the Dover Housing Authority to see whose responsibility that area is. I will advise you on the matter Best regards Robin Robin R. Christiansen Mayor City of Dover