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Regular City Council Packet

City Council Meetings. Feb 26, 2024.

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CITY OF DOVER, DELAWARE REGULAR CITY COUNCIL MEETING Monday, February 26, 2024 at 6:30 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA VIRTUAL MEETING NOTICE This meeting will be held in the City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/4pgs4e Event number: 2536 939 2978 Event password: DOVER (if needed) If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts. The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's Streaming Player located at www.cityofdover.com under "Quick Links". OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.) The “Open Forum” segment is provided to extend the opportunity to the general public to share their questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda as a public hearing is prohibited during the Open Forum as an opportunity will be provided during consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from taking action since they are not in official session; however, they may schedule such items as regular agenda items and act upon them in the future. INVOCATION - Elder Ellis B. Louden PLEDGE OF ALLEGIANCE - Councilman Rocha ADOPTION OF AGENDA ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Page 1

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REGULAR CITY COUNCIL MEETING - February 26, 2024 PAGE 2 PRESENTATIONS 1. Recognition of Service - Reverend Rita Mishoe Paige- Human Relations Commission (October 2016 - January 2024) 2. Robbins Hose Company 2023 Annual Report PUBLIC HEARING 3. Resolution No. 2024-04 Approving Issuance of Certain Bonds or Notes by Robbins Hose Company No. 1 of Dover, Delaware CONSENT AGENDA ADOPTION OF MINUTES 4. Regular City Council Meeting of February 12, 2024 COMMITTEE REPORTS 5. Council Committee of the Whole Report of February 13, 2024 Parks, Recreation, and Community Enhancement 6. Parks and Recreation Updates (Robin Eaton, Director of Parks and Recreation) (Committee Action Not Required) 7. MAYOR AND COUNCIL REPORTS - January 2024 A. Council President Hare B. First District C. Second District D. Third District E. Fourth District F. At-Large G. Mayor Christiansen Utility Committee 8. Carbon Column Replacement - Component 2 (Jason Lyon, Water/Wastewater Director) (Committee Recommendation: Award the contract to Old Dominion Insulation, Inc. for the amount of $120,100.) Page 2

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REGULAR CITY COUNCIL MEETING - February 26, 2024 PAGE 3 9. Stormwater Utility Discussion (Sharon Duca, Assistant City Manager / Mark Nowak, Public Works Director) (Committee Recommendation: Authorize staff to include the Stormwater Utility in the FY25 Budget.) Legislative, Finance, and Administration Committee 10. Sale and Disposition of Excess Real Property - 312 W. Loockerman Street (David S. Hugg, III, City Manager) (Committee Recommendation: Authorize sale by City Manager.) 11. Proposed Ordinance #2024-06 - Amending Chapter 102 - Taxation, Article VIII - Lodging Tax (David S. Hugg, III, City Manager, Councilman Anderson, and Councilman Neil) (Committee Recommendation: Acceptance of Ordinance #2024-06) 12. Consideration of DSU Offer - City Repurchase of Former City Library (David S. Hugg, III, City Manager) (Committee Recommendation: Reject the DSU Offer - Council action to decline repurchase.) RESOLUTIONS 13. Resolution No. 2024-02 Dover Public Library Advisory Commission ITEMS NOT ON THE CONSENT AGENDA 14. Resolution No. 2024-03 Application for Drinking Water Matching Planning Grant (Staff Recommendation: Adopt resolution as submitted so staff may complete application for a Water Matching Planning Grant.) ORDINANCES FIRST READING - The First Reading is offered on the Proposed Ordinance. Final action by Council will take place during the Second Reading on MARCH 11, 2024. The ordinance is available at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us. 15. Proposed Ordinance #2024-06 - Amending Chapter 102 - Taxation, Article VIII - Lodging Tax (David S. Hugg, III, City Manager, Councilman Anderson, and Councilman Neil) (Staff Recommendation: Approval of Ordinance 2024-06) Page 3

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REGULAR CITY COUNCIL MEETING - February 26, 2024 PAGE 4 FINAL READING - The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of FEBRUARY 12, 2024. The ordinance is available at the entrance of the Council Chambers and on the City's website at www.cityofdover.com under "Government." 16. Proposed Ordinance #2024-05 - Amending Chapter 106 - Traffic and Vehicles, Section 106-17 Truck Routes (Jason Lyon, Water/Wastewater Director) (Staff Recommendation: Approval of Ordinance#2024-05) CITY MANAGER’S ANNOUNCEMENTS MAYOR'S ANNOUNCEMENTS COUNCIL MEMBERS’ ANNOUNCEMENTS ADJOURNMENT 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 Page 4

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Item #2. DOVER FIRE DEPARTMENT Annual Fire Chief's Report Volunteers Since 1882 2023 Year in Review Presented by Fire Chief David Carey Page 5

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Item #2. Dover Fire Department It is my pleasure to submit to you the Dover Fire Department Annual report for 2023. While the Fire Department faced many challenges throughout the year, Recruitment and Retention, increased call volume, State of Delaware proposed mandated training for firefighters, and increased operational cost for training, utilities, and equipment repairs. Throughout the year we continued to be progressive, reducing response times, offering advanced training for firefighters and making strides into the future through our accomplishments that will be shown in this report. The energy, passion and devotion of our Department is shown through our success and they make me the Chief that I am today and I am proud to represent them as the leader of our department. Page 6

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Item #2. 2023 Accomplishments Finally!!! After more than 2 years !!! • Fire Dispatcher positions are fully staffed! • All Fire Dispatchers are certified in Emergency Fire Dispatch • Certified by the National Pro Board Tele-Communicator I and II • Certified by the International Fire Service Accreditation Council as a Tele- communicator I and II Page 7

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Item #2. 2023 Accomplishments Continued • Established new operating procedures for the Fire Department • Continued to build the Duty Crew program • Staffing fire stations with Volunteers for a given amount of time. • Decreases response times • Better service to the Community • Reduces the loss of life and property • Replacement of Concrete apron at the rear of Station 2 paid for with CFT funds • Received funding and ordered a new breathing air system • Replaced over 15,000 feet of hose • Created and began the implementation of a Long Term Duty Crew Program • Created a position and hired our first Fire Administrative Manager/Firefighter Page 8

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2023 Accomplishments Item #2. By the Dover Fire Department ENGINE 1 Placed in Service February 2023 Pierce Enforcer Engine Pierce Enforcer with a low hose bed 750 gallon water tank 1500 GPM pump 50 gallons gravity fed foam tank • Shortest design yet for Dover Fire Department • Better Maneuverability and Versatility • Overall Height: 9’ 9” • Overall Length: 30’ 7.5” Page 9

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2023 Accomplishments Item #2. By the Dover Fire Department Command Vehicles Place in Service March 1st Replaced (2) 2015 Tahoes These were funded by our State Representatives Page 10

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2023 Accomplishments Item #2. By the Dover Fire Department Brush 1 Place in service August 2023 Ford F-350 4x4 200 Gallon Poly tank 180 GPM Hale Pump Winch Assorted small hand tools Replaced a 2001 Ford F-350 Page 11

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Item #2. Operations Division Duty Crew Program/ Daily Operations • 21,992 Duty Crew Hours in 2023 • Average response time 2 Minutes 5 seconds • Average on scene time 5 Minutes 54 seconds • The Fire Siren was activated and the need for members to respond into the stations was less than 50% of the total calls for service due to the members staffing the stations. • Each incident generates a number or a point, with the start of the Duty Crew Program, members staff the stations and are awarded one (1) point for every three (3) consecutive hours they are available in the stations. • Personnel Director for the Fire Department Deputy Chief Sean Christiansen Page 12

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Item #2. Training Division Assistant Chief Brown Fire Department Training Officer • Scheduled 412.5 hours of in- house training • 70 National Pro Board Certifications earned this year • Firefighter I and II • Fire Instructor I • Fire Officer I and II • 3,815 Total personnel hours Page 13

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Item #2. Drivers Training Program 10 New Drivers cleared in 2023 • Each new driver goes through extensive training to operate a piece of fire apparatus. • 24 hr. Pump Operator Course –DSFS • 8 hr. Emergency Vehicle Operator • 10 -15 hours of DFD Practical evolutions. • Also the Vice President of the Fire Department Assistant Chief Brian Bashista Page 14

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Item #2. New Member Training Academy Training Academy is new for 2023 • New Member Orientation • Fire Academy Recruit Training • 1 weekend in-house class • Fire Department History • Learning Operating Procedures • Location and operation of equipment • Advancing hose lines • Throwing Ladders • Using Hydrants Assistant Chief Jim Iannucci Page 15

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Item #2. Logistics Officer • GIS Mapping • Map books • Duty Crew Training • Social Media Visual/Audio Assistant Chief Jason Boc Page 16

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Item #2. Fire Prevention and Special Events Schedule, plan and attend Fire Prevention Tours throughout the year Capitol School district alone had 5,000 elementary school age children sit through our program in 2023. Schedule, plan and attend Trunk or Treat events, National Night Out, and other large special events throughout the year. Captain Troy Christiansen Captain Chad Knotts Page 17

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2023 Fire Line Officers Item #2. (L-R) 2nd Fire Line Captain Troy Christiansen, 1st Fire Line Captain Chad Knotts, 4th Asst Chief Jason Boc, 3rd Asst Chief Jim Iannucci, 2nd Asst Chief Brian Bashista, 1st Asst Chief Sierra Brown, Deputy Chief, Sean Christiansen, Fire Chief David Carey Page 18

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Recruitment of New Members Item #2. 2023 • 20 new members • 17 males • 3 Females • 5 of which are minority Page 19

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Item #2. Goals for 2024 • Recruitment • Implement an Incentive Program • Continue to build a Duty Crew Program • Implement a Long Term Duty Crew Program (Live-in’s) Page 20

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RECRUITMENT Item #2. WHAT IS THE DOVER FIRE DEPARTMENT DOING? We have hired and partnered with a Marketing Company for Recruitment and Retention. Identified that the number of volunteer firefighters has steadily declined over the last 40 years; down about 25% since 1984 nationwide. While the many causes of this decline are readily known, the impact they are having is increasing quicker each and every year. The years of having a waiting list to join have long passed for the average volunteer fire department and now more than ever it is important to implement a customized recruitment and retention plan that aligns with your individual department goals. PROBLEM STATEMENT The Dover Fire Department has experienced a steady decrease in the number of active volunteers while seeing total call volumes increase which aligns with national trends within the fire service. Current membership is aging out of operational roles and moving out of the downtown area leading to a new and diverse applicant pool. Decreased membership levels have negatively impacted the level of service provided by the department leading to increased mutual aid and the necessity to hire full-time staff. Page 21

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Item #2. PROPOSED SOLUTION • Creating an effective recruitment plan for the Dover Fire Department requires a multifaceted approach, targeting various segments of the community, and leveraging different types of media. We have created a detailed structure for the plan, aimed to revitalize our recruitment strategy between the Fire Department and Chief 360. Page 22

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OUR RECRUITMENT GOALS Item #2. • The Dover Fire Department in partnership with Chief 360 are designing and implement a customized recruitment solution that is specific, measurable, achievable, relevant, and time-bound to meet the goals of the Dover Fire Department. • Provide a turn key recruitment program that will: ⚬ Target downtown youth ⚬ Increase diversity amongst membership ⚬ Fortify relationships with local schools ⚬ Serve as a foundation for years to come Page 23

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Item #2. RECRUITMENT STRATEGY • We are gathering valuable insights and stories from experienced and new members. • With intent use the collected stories and experiences to create compelling narratives for the recruitment campaign Page 24

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TARGET AUDIENCES Item #2. • Downtown Youth: Engage with schools, local events, and social media to attract young men and women. • Community Churches: Partner with church leaders to promote the values of service and community that align with the fire department. • Boys & Girls Clubs: Offer educational talks and interactive fire safety workshops. Host meetings for the clubs at Dover Fire Department. • Delaware State University: Collaborate on the benefits of joining. • Dover Air force Base: Create a pathway for service members transitioning to civilian life to consider firefighting. Page 25

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Item #2. Other Strategic goals • Event ideas that are being planned • Live-in Program • Streamlining our administration process and community engagement • Recruitment Video showing our diversity, members roles, training, technology, Community interaction. • Member involvement through Ambassadorship, Referral Incentives Social Presence: Leverage firefighters' personal social media and experiences to extend recruitment reach and use Member Generated Content • We are moving forward with a social Media Strategy • There will be a printed and digital marketing campaign starting very soon Page 26

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Item #2. Recruitment Conclusion • This conclusion reiterates the necessity of the partnership, emphasizing that a strategic, tailored approach can effectively counter the challenges of declining volunteer numbers and secure a committed volunteer force for the future. • By integrating these strategies • Enhance its visibility • Engage effectively with the community, • Attract a diverse range of potential recruits The • Emphasis will be on conveying a consistent message of community service, commitment, and the rewarding nature of a firefighting career. Page 27

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Item #2. Recruitment Funding • Funding Is being provided by a Staffing for adequate fire and Emergency response grant (SAFER) • Robbins Hose Company for any additional cost that is outside the perimeters of our grant. Page 28

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Implement an Incentive Program Item #2. • Goal is to implement an incentive program for volunteers • Incentive Program - is a nationally known Fire Department program • Designed to entice recruitment and retention of volunteer firefighters to provide fire protection at a minimum cost in comparison to a Career Fire Department. • This would include volunteers receiving a stipend for volunteering their time. • This would program would save the City of Dover approximately $20 million dollars, if we were to have a paid system. Page 29

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Item #2. Incentive Program Goals • Staff both fire stations with six (6) firefighters 24 hours a day with the ability to cross staff the Engine, Ladder or Squad depending on the incident and location. • Staff one (1) Duty Officer per day. • Totaling (13) firefighters on Duty each day on a Volunteer Stipend Program • The Volunteer Stipend Program would also work for response from home Page 30

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Item #2. Recruitment and Retention benefits and cost • Provide Volunteer Firefighters a Stipend - $532,838.68 a year, based on an active firefighter who responded to 125 incidents over the course of a year. (Currently there are 55 firefighters at $9,687.98 per firefighter that responds to 125 calls or more calls a year.) • City Reimbursement program for College Tuition – To entice younger people in the community to join the fire department • City Property Tax Discount – The intent is for a property tax discount is to retain volunteer firefighters within the City of Dover and entice City Residence to join the fire department Page 31

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Item #2. Incentive Program Funding Options • The City of Dover would fund this program through its quarterly contribution. • The Fire Department would apply for a Staffing for Adequate Fire and Emergency Response (SAFER) grant to fund to program. • If the SAFER grant was awarded, the Incentive program would be funded through the grant and later taken back over by the City after a period of time outlined by the SAFER grant. Page 32

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Item #2. FY2023 Fire Department Budget Short falls July 22 - June 23 Budgeted Over Budget Percent over budget Actual Amount City Quarterly Deposit 377,500 377,000 500 100.10% Other Income 15,070.19 Total Income 392,570.19 377,000 15,570.19 104.10% Expense Personnel & Office Expenses 201: Contract Employee 22,703.43 39,630.00 16,926.57 57.30% 202: Contract Services Accounting 2,595 1,020 1,575 254.40% 203: Office Supplies 354.08 1,000 645.92 35.40% 204: Training & Travel Expenses 25,302.64 18,000 7,302.64 140.60% Total PErsonnel & Office Expenses 50,955.15 59,650.00 8,694.85 85.40% Repairs & Maintenance 101: Equipment Repairs 179,041.63 145,000 34,041.63 123.50% 102: Fuel 34,214.77 23,000 11,214.77 148.80% 103: Medical Supplies 739.64 1,000 260.36 74% 104: Other Equipment Repairs 1,746.10 1,500 246.1 116.40% 105: Radio Repairs 1,539.68 1,000 539.68 154.00% 106: Program Expenses 38,211.47 40,000 1,788.53 95.50% 107: Small Tools 4,043.24 2,500 1,543.24 161.70% Page 33 Total Repairs & Maintenance 259,536.53 214,000 45,536.53 121.30%

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Item #2. FY2023 Fire Department Budget Short falls July 22 - June 23 Budgeted Over Budget Percent over budget Actual Amount Uniforms 301: Safety & Security Material 680.94 500 180.94 136.20% 302: Firefighting Gear 36,193.29 45,070.19 8,876.90 80.30% 303: Officer Uniforms & Misc Equip 1225.9 15,000 1,374.10 8.40% 304: Dispatcher Uniforms 2,217.27 1,500 717.27 147.80% Total Uniforms 39,217.40 48,570.19 9,352.79 80.70% Utilities 401: Building Maintenance support 0 250 250 0% 402: Electric 54,845.63 400,000 14,845.63 137.10% 403: Natural Gas 18,299.79 20,000 1,700.21 91.50% 404: Telephone 10,497.77 7,500 2,997.77 140% 405: Water/Sewer 2,026.17 2,100 73.83 96.50% Total Utilities 85,669.36 69,850 15,819.36 122.60% Total Expense 435,378.44 392,070.19 43,308.25 111% Net Ordinary income -42,808.25 15,070.19 27,738.06 285.10% Page 34 Net Income -42,808.25 15,070.19 27,738.06 284.10%

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Item #2. Call Volume by Hour of Day 1,613 Calls for Service 120 101 100 95 99 94 91 88 88 89 86 83 92 73 78 78 80 65 59 60 39 46 39 40 26 32 26 19 19 20 0 Page 35

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Item #2. Call Volume by Day of Week 1,613 Calls for Service 300 264 250 237 230 232 232 213 204 200 150 100 50 0 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Page 36

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Item #2. Call Volume by Month 1,613 Calls for Service 180 149 159 159 157 160 152 143 140 101 126 120 77 103 110 118 100 80 60 40 20 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Page 37

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Incident Type Chart Item #2. 3 9 166 3 119 608 100 118 235 Fire (166) 12.17% Overpressure (3) .22% Rescue & EMS (119) 8.72% Hazardous Condition (100) 7.33% Service Call (118) 8.65% Good Intent Call (235) 17.23% False Alarm (607) 44.50% Weather (3) .22% Special Incident (9) 0.67% Page 38

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Fires Broken Down by Type Item #2. 10 14 54 37 1 2 42 36 3 Building (68) Out Building (1) Cooking (42) Heater (3) Rubbish (36) Mobile Home (2) Vehicle (37) Brush (14) Dumpster (10) Page 39

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Total Personnel Hours Item #2. Overall 2024 37 29 Incident Duration Times 11,392 Hours 2,531 3,169 32.36 personnel hours per day 102 1,094 856 1,424 2,153 False Alarm (3,160) Good Intent (956) Service Call (912) Hazmat (685) Rescue/EMS (2,251) Overpressure (21) Fire (3,217) Special (66) Severe Weather (21) Page 40

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Item #2. Fire Prevention/Community Outreach The Fire Department reached approximately 7,561 children in 2024. Page 41

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Item #2. The Officers, men and women of the Dover Fire Department remain the only State capital in the Nation to be protected by a 100% volunteer fire department. We are prepared and ready to provide the City of Dover with the finest fire protection in the State. We look forward to a safe and productive year working with City officials and the Mayor and Council. Page 42

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Item #2. What do we need from you • Increased operational funding • Assistance with implementing a volunteer incentive program • Continued support for SAFER grant and future employees and discussed previously. Page 43

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Item #2. Your Fire Chief • My officers have told me that I have to talk about myself. • First, thoroughly enjoy being the Fire Chief and working with City Council, City Management, as well as with our State Representatives and County Commissioners. • I dedicate 40plus hours a week to being the Fire Chief ensuring we are providing the best service possible to the City of Dover. • The accomplishments that we have made at the fire department, I could not have done alone, we have a great team of Administrative and Fire line officers. We have an Administrator now that is going to assist with moving us well into the future. We have very supportive City Council and I enjoy working with all of you and I am excited to see what is to come into the future. Page 44

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Item #2. Questions???? Page 45

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Item #3. City of Dover MAYOR AND COUNCIL PROPOSED COUNCIL RESOLUTION NO. 2024-04 1 A RESOLUTION APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY THE 2 ROBBINS HOSE COMPANY NO. 1, OF DOVER, DELAWARE 3 4 WHEREAS, the Robbins Hose Company No. 1, of Dover, Delaware, 103 South Governors Avenue, 5 Dover, Delaware (the “Company”) is a volunteer fire company organized and existing under the laws of 6 the State of Delaware; and 7 8 WHEREAS, the Company has provided and continues to provide firefighting services to an area within 9 the City of Dover, Delaware (the “City”); and 10 11 WHEREAS, the Company has advised the City that the Company proposes to issue up to $1,300,000 of 12 bonds or notes of the Company (the “Bonds”) for the purpose of financing a portion of the costs of a new 13 Aerial Tower Ladder Truck to be owned and operated by the Company for its firefighting services (the 14 “Project”); and 15 16 WHEREAS, it is the intent of the Company that the interest on the Bonds qualify for exclusion from 17 gross income of the owners thereof for federal income tax purposes pursuant to Sections 103 and 150 of 18 the Internal Revenue Code of 1986, as amended (the “Code”); and 19 20 WHEREAS, pursuant to Sections 103 and 147 of the Code, interest on the Bonds will not qualify for 21 exclusion from gross income of the owners thereof for federal income tax purposes unless the issuance of 22 the Bonds is approved by the applicable elected representative of a governmental unit with which the 23 Company has entered into an agreement, after a public hearing to consider the issuance of the Bonds has 24 been conducted, following reasonable public notice; and 25 26 WHEREAS, the Company is empowered and required to provide exclusive firefighting services to the 27 City pursuant to the City of Dover Code of Ordinances; and 28 29 WHEREAS, notice of the requisite public hearing was published in the Delaware State News, a 30 newspaper of general circulation in the City, and on February 26, 2024, the City Council of the City of 31 Dover conducted a public hearing on behalf of the Company for the purpose of considering the issuance 32 of the Bonds; and 33 34 NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Dover, Delaware, for the sole 35 purpose of qualifying the interest payable on the Bonds of the Company for exclusion from the gross 36 income of the owners thereof for federal income tax purposes pursuant to Section 103 of the Code, does 37 hereby approve the issuance of bonds or notes by the Company in a maximum aggregate principal amount 38 of up to $1,300,000 for the purpose of financing a portion of the costs of the Project, provided, that such 39 bonds or notes shall be an obligation of the Company and shall never be a debt of the City and the City 40 shall not be liable for any payment on such bonds or notes. Page 46 P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service

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Proposed Council Resolution No. 2024-04 Page 2 Item #3. 41 42 ADOPTED: 43 44 45 46 ROBIN R. CHRISTIANSEN WILLIAM F. HARE 47 MAYOR COUNCIL PRESIDENT 48 49 50 Actions History 51 02/26/2024 – Scheduled for Introduction - City Council Page 47

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Item #4. REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on February 12, 2024, at 6:30 p.m. with Council President Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Sudler (via Webex), and Mr. Lewis. Staff members present were Police Chief Johnson, Mr. Hugg, Ms. Melson-Williams, Mr. Rodriguez, and Ms. Bennett. Fire Chief Carey was absent. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to commencement of the Official Council Meeting. Council President Hare declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. INVOCATION The invocation was given by Elder Ellis B. Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilwoman Arndt. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Neil moved for adoption of the consent agenda, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. PRESENTATION – RECOGNITION OF SERVICE – REVEREND RITA MISHOE PAIGE – HUMAN RELATIONS COMMISSION (OCTOBER 2016 – JANUARY 2024) This was rescheduled. PRESENTATION – DOWNTOWN DOVER PARTNERSHIP 2023 ANNUAL REPORT Ms. Diane Laird, Executive Director for the Downtown Dover Partnership briefed the members on the 2023 Annual Report. Mr. Ken Anderson, Property Development Director for DDP, provided a briefing to the members on the day-to-day work being undertaken by the Downtown Dover Partnership. Page 48

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 2 Responding to Mr. Lewis, Ms. Laird stated that to her knowledge, the numbers on the balance sheet are accurate, but she will check with their accountant to confirm. Responding to Mr. Lewis, Ms. Laird stated that she would need to provide him with that information at a later time. Responding to Mr. Lewis, Ms. Laird stated that there has been a discussion about a traffic study, and DelDOT will be involved because it has an emergency route for emergency services. Ms. Laird continued to state that it is one of the primary locations going in and out of the hospital as well as State Street. Ms. Laird explained that there are recommended traffic calming measures, and due to concerns regarding emergency vehicles, there will be collaborative efforts with DelDOT to ensure their effectiveness. Responding to Mr. Lewis, Ms. Laird explained that there are several buildings and that she could specify which ones are accessible to the public. Ms. Laird further explained that one of the buildings intended for the public is the Rail Haus, Beer Garden, which includes ADA-compliant restrooms, sprinklers, and a commercial kitchen. Ms. Laird stated that those are the three (3) primary areas that are targeted for critical improvement funding. Ms. Laird stated that those three (3) areas are not the only ones that they fund, but that if they are included, then other things can also be funded. Ms. Laird explained that the city needs restaurants and beer gardens; they are more beneficial because they can attract a younger population and are currently very popular. Funds have been allocated for 1 Loockerman Way but the property needs a tenant. Ms. Laird further explained that buildings need to have tenants and while they would like to see a tenant agreement in place, funds have been allocated. $300,000 has been allocated for 1 West Loockerman and that is the maximum funding allowed for any given project. Chris Reubacher has two spaces that will end up being façade improvements only and the façade funds will not be critical. Coney Island Grill, Grey Fox, Tastee’s Chicken & Seafood and Caribbean Cuisine have all received funds. Ms. Laird stated that they have received 15 applications for a new round of funds that are going to be allocated, but they are in the rigorous process of evaluating which types of businesses are most needed and which critical needs need to be addressed first. Responding to Mr. Anderson, Ms. Laird explained that state money is project specific. Ms. Laird further explained that a lot of the money is coming jointly to the city and the DDP. In the past two (2) years, $4.5 million was allocated to DDP improvements, not specifically operational funds. Ms. Laird stated that with the growing intricacy and complexity of activities simultaneous, and projects that will require reporting to these grants. Ms. Laird further noted that they have brought Ken Anderson on board to oversee redevelopment efforts and the staff is tight. There are four employees. Ms. Laird stated that they have received a grant this year to cover Mr. Anderson’s salary as a consultant for one (1) year. They are seeking additional funds, such as EPA grants which offer a portion for operations. In addition, staff members have not received healthcare until now and the DDP is pleased to offer full healthcare for those who warranted it and did not have any other options. Mr. Ken Anderson gave an update on the state money. Page 49

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 3 Mr. Neil moved to accept the report, seconded by Mr. Anderson, and carried by a unanimous roll call vote. PRESENTATION – UNSHELTERED WORKING GROUP UPDATE – BY MAYOR ROBIN R. CHRISTIANSEN Mayor Robin R. Christiansen and Councilman Rocha briefed the members on the status of the Unsheltered Working Group. PUBLIC HEARING/FINAL READING – RESCHEDULING OF PUBLIC HEARING - PROPOSED ORDINANCE #2023-12 – LANDS OF DRAPER FARM PROPERTIES, LLC AT 1617 FORREST AVENUE (APPLICANT REQUEST) Council President Hare stated that there was a request received from the applicant to postpone the Public Hearing and that he would entertain a motion to reschedule the Public Hearing for April 22, 2024. Mr. Neil explained that he is extremely concerned because this is the second time this has come back to council and it has been denied twice by the Planning Commission. Mr. Neil asked how long a sword would be held over council’s head because they were sued simply because they followed the law, had a public hearing, and supported the Planning Commission twice. Mr. Neil stated that if it was his preference, he would say no and end it there. There needs to be a reason why this is coming back. They have had this since 2021 to meet with the community and it is now 2024. People have come to council asking for help and the council has offered to help. The applicants have been turned down by the Commission twice and they are now coming back again. There needs to be a point where it stops. Mr. Neil stated that there is indeed a master plan calling for development along Forrest Avenue. Will this be another Route 13 or is it going to be a residential area, where certain things would be permitted as it is now, rather than making the change? Mr. Neil is particularly concerned with the property and its future use, as they have no control. Once they change it, it could be almost anything. This property is directly across from the high school, in which kids are crossing that road. That road should be a five-lane-highway with a center lane for turning but that is not the case. There is a point where the city needs to say no, bring it back in 10 years, and do not bring it now. Mr. Sudler stated that he supports postponing this motion because, to his understanding, the developers want to engage with the community that will be most affected and impacted They want to engage with the community and explore how they can develop and grow together, addressing current social problems, traffic issues, and common measures that they are currently dealing with. The goal is to develop together and find solutions to these issues. At the same time, the developer can proceed with developing the area that council has already identified in the Comprehensive Plan as a desired development area. Mr. Sudler stated that be believes that they are requesting a different zoning classification. He also believes that the proposed zoning is slightly different from the current zoning. Mr. Sudler suggested a collaborative approach between developers and the community to address concerns related to a possible gas station and other issues. It is inevitable that, whether it Page 50

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 4 takes 10 or 20 years, that area is going to be developed. In his view, it is a matter of how they grow together and how respectful the developer is going to be of the existing property owners who live there because they are the ones who are going to be affected the most by the restructuring and reshaping of their community. If the city can help foster and support an initiative in which the developer engages with the community, how can they grow and develop this together while also respecting the concerns of the community and the property owners' rights to develop? Mr. Sudler believes that finding common ground is crucial for moving the entire city forward, not only in this situation but also when dealing with major developers entering small communities and restructuring them. Mr. Sudler stated that he supports this initiative and would like to hear from the Principal Planner, Ms. Melson-Williams, regarding the difference between the zoning of what was denied last time versus what is being proposed now. Mr. Rocha stated that he believed they should not be having this discussion because someone respectfully requested to reschedule, and they were not present. He felt it only seems right to wait until all parties are present before they start this discussion. Ms. Dawn Melson-Williams briefed the members of council on the proposed Ordinance #2023- 12 – Lands of Draper Farm Properties, LLC at 1617 Forrest Avenue. Ms. Melson-Williams explained that the rezoning application was scheduled for a Public Hearing this evening. The applicant requested to rezone the property from the R-10, One-Family Residence Zone and being subject to the Corridor Overlay Zone to a proposed zoning classification of C-1A (Limited Commercial Zone) which would also be subject to the Corridor Overlay Zone. The property was the subject of a rezoning application in 2021, designated as Z-2105, which sought to rezone the property from the R-10 and Corridor Overlay Zone to a classification of C-2A, (Limited Central Commercial zone), subject to the Corridor Overlay Zone. There is a distinction between the two zoning classifications, and they represent two separate applications. Ms. Melson-Williams stated that the motion before council does not include the continuation of the discussion of the application on the record. Mr. Rocha moved to reschedule the public hearing for the proposed Ordinance #2023-12 to the Regular City Council Meeting scheduled for Monday, April 22, 2024. The motion was seconded by Mr. Sudler and carried by a roll call vote of eight (8) yes (Anderson, Boggerty, Pillsbury, Arndt, Rocha, Sudler, Lewis, and Hare), and one (1) no (Neil). PRESENTATION/FINAL READING – PROPOSED ORDINANCE #2023-13 – LANDS OF CITY OF DOVER (OLD POST OFFICE SITE) AT 55 LOOCKERMAN PLAZA Council President Hare stated that the next item is proposed Ordinance #2023-13 – Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza. Mr. Hare further stated that he will entertain a motion to consider the Final Reading of the proposed Ordinance by title only, which is simply to allow the waiving of the reading, a separate motion will be necessary for its adoption. Responding to Mr. Lewis, Mr. Hugg stated that the current zoning for the property is IO (Industrial and Office Zone) and is subject to the SWPOZ (Source Water Protection Overlay Zone), and the Historic District Zone. There is no change except for the request to rezone from the Institutional District to C-2. The city will have to undergo the historic review process as they Page 51

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 5 emerge and prepare for the project to move forward. Mr. Hugg replied that they can inquire with the Principal Planner whether the Historic District Commission has expressed any opinions on this matter. Ms. Dawn Melson-Williams briefed the members of council on the proposed Ordinance #2023- 13 – Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza. Ms. Melson- Williams explained that this is a rezoning application that does not impact its designation as part of the Historic District Zone and does not require appearing before the Historic District Commission. Ms. Melson-Williams further explained that Mr. Hugg is correct, and that future development of the site would be subject to a review process, likely involving the Historic District Commission if there are any changes proposed to the building and site. Mr. Neil moved for the adoption of the ordinance, as recommended by the Planning Commission. The motion was seconded by Dr. Pillsbury and carried by a roll call vote of eight (8) yes (Anderson, Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, and Hare), and one (1) abstained (Lewis). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 22, 2024 The Minutes of the Regular Council Meeting of January 22, 2024, were unanimously approved by motion of Mr. Neil, seconded by Dr. Pillsbury, and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT – JANUARY 23, 2024 The Council Committee of the Whole met on January 23, 2024, at 6:01 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 Dr. Jackson-Short and Ms. Smack (Safety, Advisory, and Transportation), and Mr. Shevock (via WebEx) (Legislative, Finance, and Administration). Mr. Iriowen, Mr. Pugh (Utility), and Ms. Smith (Legislative, Finance, and Administration) were absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Lewis presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. Page 52

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 6 Review of the Research on the Solar Powered Feedback Signs and Electronic Speed Enforcement Devices (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the research on the Solar Powered Feedback Signs and Electronic Speed Enforcement Devices. Staff recommended approving a method of speed enforcement equipment to utilize in the City of Dover neighborhoods. Mr. Lyon explained that he and his team conducted research on the implications of House Bill 94, which covers electronic speed enforcement devices and was passed by the State of Delaware. Mr. Lyon stated that the electronic automatic ticketing devices are about $25,000, the mobile feedback signs are $3,000, and the non-permanent, trailer-mounted signs are $7,000. In addition to the upfront cost for the unit, there is an annual cost of $7,000 a year for the electronic automatic ticketing software, the cloud storage, and the use of the photographs going to the cloud for the third-party company. The automatic ticketing devices cost around $70 a year for maintenance, and the feedback signs cost around $200 a year. Mr. Lyon stated that if the automatic ticketing devices were to go through a third party it would cost the city $14 a ticket to the company to do the mailing, collection, and creation of the bill. After touring with the Dover Police Department and going over red-light ticketing, which is like automatic ticketing, Mr. Lyon learned that there are about 12,000 red-light tickets a year, and 10 to 12 percent get appealed. The police department’s staff must review each ticket to see whether it has been appealed or not. Responding to Ms. Arndt, Mr. Lyon stated that each ticket would need to be reviewed by a police officer, which is the statute because it cannot be assumed that technology is going to work correctly. Mr. Lyon explained that every one of the 12,000 per year would need to be reviewed by a team member, and if the person issued the ticket wanted to appeal it, then the team member must appear in court, so it takes resources. Responding to Mr. Neil, Mr. Lyon stated that it would have to be a legal officer rather than a designee who reviews the tickets and goes to court. Responding to Mr. Neil, Mr. Lyon stated that he had a meeting with the police department and his understanding is that it must be a sworn officer. Responding to Mr. Neil, Chief Johnson stated that preliminary research has not led him to a definitive answer of whether it could be delegated. Chief Johnson explained that in other jurisdictions, they would be considered civil violations and are not motor vehicle code violations, therefore they do not require a sworn office to file the charging document. Chief Johnson explained that they are researching other jurisdictions to explore if someone who is appropriately trained, like a Page 53

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 7 retired police officer with the core knowledge of what constitutes a violation, could work in a civilian capacity to process the violations and send them to the vendor. Responding to Mr. Rocha, Mr. Lyon stated that the program is in the infancy stage in Delaware, and he is not aware of any other municipalities with a similar program. Mr. Lyon explained that when he spoke to one of the vendors, they stated that they have municipalities in Florida that are placing the equipment in school zones and they have been collecting about 400 tickets per day, five days a week, during the school year. Mr. Lyon explained that it is up to them to charge it, but that it is sustainable. Mr. Lyon stated that in the state statute, there is a statement that reads “Any excess revenue not used for the administration of this system will be managed by the Office of Highway Safety and used only for purposes of education enforcement, engineering, and administration”. Mr. Lyon explained that automatic ticketing cannot be used as a revenue source, but it can be used to cover the administrative costs of an additional member working on the ticket process. Mr. Lyon also explained that a study must be done that is not longer than one (1) year old by DelDOT showing that the area that is proposed has a speeding problem, and the eighty-five percentile is over five miles per hour over the speed limit. DelDOT currently does not have a process for this because it is too new, but they hope in six months to have a process. Mr. Lyon stated that the Office of Highway Safety, which provides grants for such items, requires that electronic automatic ticketing software only be used in school zones and construction zones. Mr. Lyon continued to state that it is possible to get grants for solar-powered feedback signs, but that they prefer the mobile kind because they can be moved around. Responding to Mr. Sudler, Mr. Lyon stated that according to the law, and DelDOT, the study must come from DelDOT, it cannot be done by the municipality. Mr. Anderson stated that the City of Dover has a policy that does not allow speed bumps on public property. Mr. Anderson explained that there have been upgrades made to the designs and technology of speed bumps and that he would like to have them looked at again. Mr. Anderson suggested that the research include speed tables, which do not cause disruption or damage to the vehicle, and other designs that are designed to allow emergency vehicles to move through safely. Mr. Anderson explained that with the changing technology, there may be products that meet the needs of the community without causing too much disruption to emergency services. Responding to Mr. Anderson, Mr. Lyon stated that traditionally a speed bump is used, they are as wide as they are short, and they can be driven over at two (2) to Page 54

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 8 10 miles per hour. A speed hump or speed table is spread out, not as abrupt, and they can be driven over at 10 to 15 miles per hour. Mr. Lyon also stated that there is an alternative called a speed cushion, they are the standard width of a vehicle’s wheelbase. Since a firetruck has a wider wheelbase the speed cushion allows them to pass by with little interruption. Mr. Lyon stated that he is unsure how this would affect an ambulance, but the speed cushions are currently being used in Odessa. They are rubber, bolted into the ground, and can be removed for snow plowing. Mr. Lyon also stated that the Office of Highway Safety does not provide funding for speed cushions. Mayor Christiansen stated that he supports the electronic speed enforcement devices because it does not take officers off the road and when DelDOT creates their procedure the city needs to have a mechanism in place to put in service because the citizens expect more. Responding to Mr. Rocha, Mr. Lyon stated that they are only allowed to be used on city local roads of a speed limit of 25 miles an hour. Responding to Ms. Smack, Mr. Lyon stated that the $25,000 unit is more for behavior-changing, but that they would not qualify for grants unless they were placed in a school district. Responding to Mr. Lewis, Mr. Lyon stated that the Office of Highway Safety stated that they get their money through the federal government, through the Bipartisan Infrastructure Law. They do not know exactly how much money they will receive every year, and what the city could receive depends on what their funding allocation is. Responding to Mr. Boggerty, Mr. Lyon stated that per House Bill 94, the speed must be 11 miles an hour or higher to issue a ticket. Responding to Dr. Pillsbury, Mr. Lyon stated that the city is not eligible to enforce the cameras as a municipality on state roads, however, DelDOT could once they create a process. Responding to Mr. Anderson, Mr. Lyon stated that in 1964 there was a group of streets that were originally in the City of Dover limits that were city-owned and maintained. The state took over ownership from the city and now when any work needs to be done to a water main for example, the city must go through the state for a permit. Ms. Arndt recommended creating a map that shows what schools are on city roads, talk to the principals, the school districts, and determine where the problems are occurring. Ms. Arndt stated that she spoke to the principal at Towne Point and the problem is primarily the parents speeding as they drop off their children. Page 55

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 9 Mr. Anderson moved to recommend proceeding with obtaining additional speed signs, with the recommendation depending on funding, whether they be mobile or static. Mr. Neil recommended the use of mobile signs. Mr. Anderson moved to recommend proceeding with obtaining additional mobile speed signs. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. Mr. Anderson moved to refer back to staff for a recommendation for the speed cameras after more studies have been done with a recommendation from public works and the police department on the issue. Mr. Lyon stated that the cameras could be placed in a residential zone, but the city would have to come up with the funding. The Office of Highway Safety grants are only available for use in the school and construction zones. Mr. Anderson stated that they do qualify for CTF funds. Mr. Anderson moved to refer the issue of the speed cameras back to staff for input from the police department. The motion was seconded by Ms. Arndt and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. Mr. Lewis recommended that Mr. Lyon work with Chief Johnson regarding where the need is for the mobile radar speed signs and how to move forward with the speed cameras. Discussion – Complaint from Kate Howard, Irish Mikes Pub Bar Owner/Manager regarding the Dover Police Department’s responsibility to serve and protect their business (Mr. Sudler) Mr. Sudler stated that he had been contacted by Ms. Kate Howard and constituents regarding the protection of individuals once the bar had been let out. Committee Action Not Required. Ms. Kate Howard, Irish Mikes, City of Dover, explained that she wanted to get on the same page with the city. Ms. Howard stated that when she calls, she feels there is a perception issue between Irish Mikes and dispatch. Ms. Howard explained that dispatchers seem annoyed when they call to be proactive before the Page 56

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 10 fighting starts, or if they feel like police presence is needed for a lot of commotion while people are waiting to get their food around the corner. Ms. Howard stated that she understands that they are short-staffed, and she does not want the police department to think she is complaining about them. Ms. Howard stated that she called on Saturday and they were professional, officers arrived within five minutes, made sure everyone got in their cars, and cleared the sidewalk. Ms. Howard stated that the complaints have come from her bartenders, so they plan to have a staff meeting to discuss tips from Chief Johnson on how to provide dispatch information rather than trying to spit it off to them. Responding to Mr. Rocha, Ms. Howard stated that the issues occur after one o’clock when everyone is leaving. Ms. Howard explained that it has increased since Covid with everyone sitting outside, drinking, and staying around downtown until three in the morning. Responding to Mr. Rocha, Chief Johnson stated that typically they tend to have a police presence in the area at the time of closing. Chief Johnson explained that one in the morning on a Thursday, Friday, or Saturday is primetime for all types of incidents in areas other than Irish Mikes. Chief Johnson stated that response times are directly related to how pressed resources are. When someone is there in two minutes, that means they are in a good spot and have the resources ready, when five to seven minutes have passed and there is no car, then there is likely a dispatcher somewhere asking if anyone can break loose and get to Loockerman Street. Mr. Boggerty commended Chief Johnson for inviting him to review video footage of an event that occurred around Irish Mikes. Mr. Boggerty explained that in viewing the video footage, he was able to see the bigger picture and obtain deeper knowledge of what had transpired. Ms. Arndt commended Chief Johnson and thanked Mr. Boggerty for providing the information on the video. Ms. Arndt stated that she saw the video and appreciated the additional context of how the situation was handled and the video that was played was only a minute and a half of a 55-minute video. Lachelle Paul, 501 Silverside Road, Wilmington, expressed concerns about the police department enforcing laws so that patrons of establishments like Irish Mikes know that certain behaviors will not be tolerated. Ms. Paul expressed concerns with the video, where an individual struck another individual and the police were present, but nothing was done. Ms. Paul stated that businesses should not have to deal with the issues simply because they serve alcohol. Ms. Paul stated that the businesses want people arrested if they are creating issues in front of the businesses. Mr. Boggerty stated that he had the same question when he first watched the video as well. Mr. Boggerty explained that when he took in all of the situational Page 57

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 11 awareness, he found himself asking what had to happen. Through the community policing model, they were told to go home so they would not be embarrassed but ultimately someone was arrested. Enrico Stratton, 66 Barrett Court, Felton, expressed concerns about blaming the community rather than blaming the establishments that provide the alcohol and drugs in the community. Responding to Mr. Carey, Ms. Howard stated that she felt like the police were annoyed by her girls calling sometimes two times a week when most of the calls were to be proactive. Ms. Howard stated that people were getting food, they were in the middle of the street, cars were parked on Bradford Street, and they were in the bank parking lot drinking. Ms. Howard stated a lot of the people who hang outside do not even come into her business. Matthew Carey, Emergency Communications Manager, explained that the staff is not annoyed but they must maintain a level of calm to make it through a twelve- hour shift. Mr. Carey stated that he has a copy of the 17 times Ms. Howard’s establishment has called the police department for her review. Mr. Carey stated that no one was disrespectful and complied with national standards. Mr. Carey stated that every Wednesday, Thursday, Friday, and Saturday night they review the videos provided by Ms. Howard through EagleView, and they deploy officers as soon as possible. Mr. Carey explained that as Mr. Boggerty stated, they cannot always rush in because they may be outnumbered. Mr. Sudler stated that council needs to make sure their constituents are heard, and that they should not feel like they cannot come to council to express their concerns. Mr. Sudler explained that he took Ms. Howard’s concerns as a complaint and maybe that was misinterpreted. Discussion – Concerns with the displaced and tent village on College Road adjacent to the Delaware State University facilities (Mr. Sudler) Mr. Sudler briefed the committee on the concerns of Delaware State University alumni and individuals in the district regarding the tent city on College Road. Mr. Sudler expressed concerns about the individuals who may be registered sex offenders or violent, property owners receiving citations from code enforcement for unlawful tent villages on their property, and the accountability from the homeless individuals and city council. Committee Action Not Required. Mr. Eddie Kopp, Chief Code Enforcement Officer briefed the committee on the status of the homeless encampments. Mr. Kopp stated that the problem is not with the property owners because they are taking corrective actions, the problem is that they cannot keep up with the encampments. Mr. Kopp stated that the encampments are well connected, and the problem is being moved from one area Page 58

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 12 to another. Mr. Kopp stated that code enforcement is working closely with the police department and the community policing unit to bring resources to the people that they are encountering, unfortunately, they often refuse the resources. Responding to Mr. Anderson, Mr. Kopp stated that there are between 40 and 50 encampments throughout the city. Responding to Mr. Anderson, Mr. Kopp stated that the encampments averaged between 15 to 30 people. Responding to Mr. Anderson, Mr. Kopp stated what has been most effective is having the property owner make sure that the property is clear of brush and debris and is visible from the public right of way. Responding to Mr. Anderson, Mr. Kopp stated that drug paraphernalia is a major concern at most encampments. Mr. Kopp stated that it is a safety concern for code enforcement, the police department, and kids when the location is close to a neighborhood. Responding to Mr. Anderson, Mr. Kopp stated that they are working with the property owners as best as they can, but it has become an ongoing issue that causes them to move from one location to another. Mr. Kopp emphasized that it is not just one property that is the issue. Responding to Mr. Anderson, Mr. Kopp stated that he believes what Georgetown is doing is helping, however, he does think that there are substance abuse treatment requirements for the program. Mr. Kopp stated that they are taking resources out to the encampments, and they are being turned away. Alonzo Hall, 320 Raymond Street, Dover, expressed his concerns with people saying that the unhoused do not want help. Mr. Hall spoke from previous experiences about the conditions in the shelters and how the volunteers speak to people. Mr. Hall also explained that they do want help and they need help. Tracy Palmer, 301 Cassidy Drive Suite B, Dover, explained that Tracy Palmer Ministries is in the community helping to feed, provide showers, and anything else that is needed by the community. Ms. Palmer expressed dissatisfaction with council following through on what has been proposed at council meetings. Ms. Palmer explained that the community needs help, people are begging for food, loitering on properties, and defecating on properties. She continued to explain that Tracy Palmer Ministries wants to help the community, the homeless, and the children who run away, but they cannot do it by themselves. Ms. Palmer asked the council to afford Tracy Palmer Ministries a building, land, or both. Alex Cropper, 217 N.E. Front Street, Milford, explained that the people in the community need help. Mr. Cropper stated that when he worked at Dover Page 59

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 13 Interfaith, he saw many of the things that Mr. Hall described. Mr. Cropper explained that the people need thorough assessments done and follow-up case management. Mr. Cropper stated that he attended a city homeless expo that was held one weekend and consisted of a comedy show, basketball tournament, concerts with local artists, and on Sunday they had breakfast, and a prayer service to raise funding to aid the homeless. Mr. Cropper offered his services to organize an event like this in the city and as a counselor to Tracy Palmer Ministries. Lachelle Paul, 501 Silverside Road, Wilmington, expressed her concerns about homelessness in the community. Ms. Paul explained that her organization may have contributed to tents at the encampments because they collected tents to provide individuals with some type of shelter. Ms. Paul suggested finding a safe place to house the tents within the city that does not interfere with property owners. Ms. Paul stated that many of the resources that are available to the homeless do not have anything left to give. Ms. Paul explained that Tracy Palmer Ministries has a great proposal if the council could review it and help her with her vision. Bonnie Pennington, 200 N. Kirkwood Street, Dover, expressed her concerns about the lack of help from the state. Ms. Pennington stated that two people passed away because of the below-freezing temperatures. Ms. Pennington explained that everyone makes mistakes, and that homeless people need a second chance because they deserve it. Teresa Campbell, 28 Holden Court, Clayton, expressed her concerns as the Director of the Center for Neighbors in Need. Ms. Campbell stated that the city does not have a homeless situation, it has a mental health situation. Ms. Campbell stated that there are no mental health facilities in Dover, and shelters like hers are lining people up on tables at night. Enrico Stratton-Bey, 66 Barrett Court, Felton, expressed the need for council to be out in the community physically helping the organizations like Tracy Palmer Ministries, and Code Purple to fully understand the need of the community. Ashley Robinson, 119 Albert Place, Felton, explained as the owner of The Wedding Boutique on Loockerman Street, she can attest to homelessness being a major concern. Ms. Robinson suggested that there be a committee that gathers all of the city’s resources together to evaluate how many programs there are and where the money needs to go. Ms. Robinson stated that if she knew where to direct people instead of having to call the police, she would like to be able to do that. Ms. Robinson suggested that once all the programs and shelter information is gathered, it would be helpful if a newsletter could be sent out sharing the information of where to direct the people. Josette Cooper, 580 N. Dupont Highway, Dover, stated that she is actively involved in feeding the homeless on holidays and that she always obtains food Page 60

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 14 from Tracy Palmer Ministries. Ms. Cooper stated that Tracy Palmer is always helping the community, the homeless community, and the families and children of the community. Ms. Cooper stated that Tracy Palmer is always available, and she would like the city to say yes to her proposal. Francis Perry Hawkins, 7012 Coffee Circle, Dover, stated that as a retired veteran who has experienced homelessness and volunteered with Code Purple and Tracy Palmer Ministries, many of the homeless that she has seen in the community are veterans. Ms. Hawkins asked that council consider Tracy Palmer’s proposal because many of the people are homeless or veterans who have served the country for years. Albert Roach, 301 Cassidy Drive, Dover, expressed appreciation for Tracy Palmer and all that she does for the community through Tracy Palmer Ministries. Ennio Zaragoza, 123 E. Division Street, Dover, expressed support for Tracy Palmer’s proposal and all of the work that she does in the community. Reverend Rita Mishoe Paige, 355 Rita Wilma Road, Dover, suggested that a planning committee be developed to come up with financial initiatives to finance buildings such as the one Tracy Palmer has proposed. Reverend Paige stated that the committee needs to have conversations with the Delaware State Housing Authority about providing funding through the housing council, and offering private developer tax credits so that they may build affordable housing for the homeless. Reverend Paige also suggested that the housing be scattered because there can be a negative connotation behind housing them in one location. Reverend Paige explained that the homeless need help, they need finances and training. Reverend Paige commended Tracy Palmer Ministries for all of the work that they do in the community. Reverend Paige stated that the city does own old buildings that could be rehabbed to house the homeless but that there needs to be job training, mental health issues need to be addressed, and counseling needs to be offered to address all of the things that go along with being homeless. Revered Paige stated that she and her daughter recently hosted a dinner for the homeless at the Delvets and out of 75 people approximately six of them were veterans. Reverend Paige stated that anyone could become homeless, and they deserve compassion. Responding to Mr. Sudler, Reverend Paige stated that when she worked as the Community Development Block Grant Administrator in Milford, she ran into people living in chicken coops because they were afraid of moving into a new environment. Reverend Paige stated that most people want help if they can get help. Angela Williams, 723 S. Wynn Wood Circle, Camden, expressed support for Tracy Palmer Ministries. Ms. Williams also expressed the need for a committee to organize the resources available to assist the homeless. Page 61

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 15 Mr. Boggerty stated that he understands the urgency of homelessness in the community as a veteran himself and as someone who has experienced homelessness in his life as well. Mr. Boggerty asked the Mayor and Council President to work with Ms. Palmer because she has proven to be effective in all things that she does with the community. Mr. Rocha stated that council should look at taking Reverend Paige’s recommendation to form a working group or committee formally. Mr. Rocha stated that in conjunction with the working group, there is a need to create a plan to put together a healthy and conducive place for them to stay in the meantime. Mr. Rocha explained that the working group will bring everyone together, but they cannot lobby for their own organization. Mr. Rocha moved to recommend putting together a working group to tackle the immediate needs of those in tents right now, whether they need heat or porta-potties to get them to a level where they do not freeze to death, and then have reports brought back to council. The motion was seconded by Mr. Hare and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. Responding to Ms. Smack, Mr. Rocha stated that they would go through the mayor’s office and would be brought back in 30 days. Mr. Rocha explained that he would like it brought back at the second meeting in February, however, that does not mean that the group will not be working. Responding to Ms. Palmer, Mr. Rocha stated that she should bring her plan, but they are going to work together, shuffle through all the papers, and address the immediate needs first. Responding to Ms. Palmer, Mr. Rocha stated that he is unsure why the Dover Housing Authority and Delaware State Housing Authority have not stepped in. Mayor Christiansen stated that the committees that they created before have disappeared because there was continual fighting. Mayor Christiansen explained that one of the successful committees was the Mayor’s Challenge to End Veterans Homelessness, which housed over 2,000 homeless veterans. Mayor Christiansen explained that he would bring everyone to the table, they will elect their leadership, he will make sure that they do not fight, and that they come up with something productive to bring back to council in either a written or verbal report. Mr. Neil recommended using the city website to communicate when the committee is meeting, where they will meet, and what they will be covering. Page 62

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 16 Mayor Christiansen stated that as soon as he hears from people who want to serve on the committee, they will have a meeting in the next 10 to 15 days. Mr. Lewis moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 8:49 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. Lewis and unanimously carried. Tidewater Utilities – Agreement for Water Sales/Purchase (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis of the Tidewater Utilities agreement. Staff recommended allowing staff to enter into an agreement with Tidewater Utilities with the specified water rates. Mr. Hare moved to recommend acceptance of the staff recommendation. The motion was seconded by Mr. Lewis and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. Tree Trimming Bid Award – Sole Source Vendor (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director, reviewed the background and analysis of the tree trimming bid award. Staff recommended awarding a two (2) year (2024, 2025) tree trimming contract to Asplundh Tree Experts with a City option to extend it an additional three (3) years (2026, 2027, 2028), five (5) years total. The contract work will be adjusted to stay within the budget each year. Mr. Waddell noted that the sole source vendor was a typo, and the contract was opened up to the RFP process. Two responses were received, and Asplundh was the only one to provide a complete response. Mr. Hare moved to recommend acceptance of the staff recommendation. The motion was seconded by Ms. Arndt and unanimously carried. Page 63

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 17 By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 8:52 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Shevock and unanimously carried. Proposed Ordinance #2024-02 – Amending Chapter 106 – Traffic and Vehicles, Sec. 106-136 On-Street disabled parking (Councilman Neil and Councilwoman Arndt) Mr. Neil reviewed the background behind Proposed Ordinance #2024-02. Staff recommended approving Ordinance #2024-02. Mr. Neil stated that he was approached by a constituent who saw a problem in their neighborhood, where there were two handicapped spaces across from the driveway of the home of the person who requested them, which caused other neighbors to park farther and farther away, and the two parking spaces were not being used. Mr. Neil explained that the constituent provided documents from other government entities showing their process, because of this it was asked if a person had a driveway, do they need to have parking spots on the public road. Mr. Neil stated that the ordinance was prepared and improved in the sense that it now says the parking spot will be based on a DMV-issued parking permit. Mr. Neil explained that there was a list of 172 places that have handicapped parking, in addition to that, 62 are in residential areas, and approximately four addresses in the city have at least two parking spots listed at the specific address. Mr. Neil stated that the proposed ordinance does not take parking away from anyone who needs it, however, it does say that if they have two parking spots and a driveway, then they can only have one parking spot on the street. If they need two parking spots and do not have a driveway then they will need two permits from the DMV to use them. Mr. Neil explained that the proposed ordinance will be fair to people with disabilities and to the people in the neighborhood who have had their parking displaced from near their homes because someone is taking up two spots. Responding to Mr. Anderson, Mr. Neil stated that if they prove that they have two valid permits from the DMV showing that there will be two vehicles going in and out, then they will be able to have their driveway plus one parking spot on the road. Page 64

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 18 Responding to Mr. Anderson, Mr. Neil stated that they would have to go through a review process with evidence from the City of Dover Public Works Department. Responding to Mr. Lewis, Mr. Neil stated that the clerk’s office had to go through the ADA for approval to make it on the agenda. Responding to Mr. Lewis, Mr. Neil stated that if they had three permits from the DMV, they could have two spots. Responding to Mr. Lewis, Mr. Neil stated that typically there is one foot of length for each one inch of height, and it would be impossible to have a house flat and a driveway going up, but if it comes up then they would have to request a review. Mr. Hugg stated that the proposed ordinance does not address whether existing permits are grandfathered in, and that the city has an ADA Coordinator in Water/Wastewater and Engineering Services for construction projects, but that they are not involved in approving individual requests. Mr. Hugg stated that several driveways in the city do not meet the ADA standards because they are sloped, rounded, or have a higher curb than necessary, and for that reason, he would like to have more time to re-examine some of the sites. Mr. Hugg stated that to the best of his knowledge, a handicapped parking space is not designated for any particular individual, they may request it, and it may be put in front of their house but anyone with a placard can park there. Responding to Mr. Sudler, Mr. Neil stated that the community has an HOA, but that it is not a private community. Mr. Neil moved to recommend deferring Proposed Ordinance #2024-02. The motion was seconded by Mr. Lewis and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 9:11 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 9:11 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole report, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY THE COUNCIL PRESIDENT By consent agenda, Mr. Neil moved for approval of the following appointments, seconded Page 65

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 19 by Dr. Pillsbury, and carried by a unanimous roll call vote. Dover Human Relations Commission - Second District Appointment - William G. Faust, Jr. - Three-Year (3) Term to Expire February 2027 RESOLUTION NO. 2024-01 - AUTHORIZING SIGNATURES FOR BANKING SERVICES ON BEHALF OF THE CITY OF DOVER - CONTROLLER/TREASURER, ASSISTANT TREASURER, AND INTERIM ASSISTANT TREASURER By consent agenda, Mr. Neil moved for adoption of Resolution No. 2024-01. The motion was seconded by Dr. Pillsbury, and by a unanimous roll call vote, Council Adopted the following Resolution: A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES ON BEHALF OF THE CITY OF DOVER, DELAWARE WHEREAS, the City of Dover's investment policy includes the investment of funds up to $100,000 per banking institution, investments in the State of Delaware Investment Pool, and the purchase and sale of investment grade corporate bonds, and U.S. Treasury and agency securities; and WHEREAS, the banking institutions, brokerage firms, trust companies, and other various financial institutions require an Authorizing Resolution for the opening of accounts, and for purchasing, selling, transferring, assigning, and handling securities; WHEREAS, by the Mayor and Council of the City of Dover, that the Controller/Treasurer and Assistant Treasurers are hereby authorized to open accounts with banking institutions and purchase, sell, transfer, assign, and handle securities, and that they are authorized to sign all related forms; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that the Controller/Treasurer and Assistant Treasurers are hereby authorized to open accounts with banking institutions and purchase, sell, transfer, assign, and handle securities and that they are authorized to sign all related forms; BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one signature; and That the following are the office holders authorized for these purposes, until further notice: Patricia M. Marney Interim Controller/Treasurer Melanie S. Patterson Assistant Controller/Treasurer Andria L. Bennett Assistant Treasurer Arielle M. Rivera Assistant Treasurer ADOPTED: February 12, 2024 Page 66

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 20 ORDINANCE/FIRST READING - PROPOSED ORDINANCE #2024-05- AMENDING CHAPTER 106 - TRAFFIC AND VEHICLES, SECTION 106-17 - TRUCK ROUTES (JASON LYON, WATER/WASTEWATER DIRECTOR) Council President Hare reminded the public that copies of the proposed ordinances were available on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. Council President Hare further stated that the Final Action by City Council will take place during the Second Reading on February 26, 2024. Mr. Jason Lyon, Water/Wastewater Director, reviewed the proposed Ordinance #2024-05 - Amending Chapter 106 - Traffic and Vehicles, Section 106-17 - Truck Routes. Mr. Lyon explained that there was a clerical error in the proposed ordinance, which is why it needs to be amended. He asked that the members accept the revised truck route that was discussed in September. Responding to Mr. Lewis, Mr. Lyon stated that he is correct, number three (3) Governor’s Avenue is being deleted as a truck route. Responding to Mr. Lewis, Mr. Lyon stated that on Route 13 going northbound, there is a sign indicating that trucks are not allowed on US 13 alternate, which is South Governor’s Avenue. He further stated that the ordinance had this as a truck route and DelDOT did not recognize it as one, so it was just cleaning up the ordinance. Responding to Mr. Lyon, Mr. Neil stated that there is no question about number 17, Persimmon Tree Lane, or number 22, Leipsic Road being a truck route. He further explained that it is likely a very important truck route for the area, but also an area that experiences heavy traffic at special times due to events at the Dover Motor Speedway, Firefly, and Phish. There is a proposed development along Leipsic Road with apartments and other facilities as well. Mr. Neil emphasized the importance of the road connecting Leipsic Road to Persimmon Tree Lane, as it turns north at Persimmon Tree Lane and continues east. He explained that as the area develops, it will be necessary to widen and expand the road to DelDOT standards, requiring involvement from the MPO and DelDOT. Mr. Neil stated that it should remain a truck route, as it is heavily traveled at times but is blocked off occasionally due to major events held in the area. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2024-05 - AMENDING CHAPTER 106 - TRAFFIC AND VEHICLES, SECTION 106-17 - TRUCK ROUTES CITY MANAGER'S ANNOUNCEMENTS No Announcements from Mr. Hugg. MAYOR’S ANNOUNCEMENTS Mayor Christiansen stated that he would like to remind everyone about the St. Patrick’s Parade on March 16, 2024, sponsored by the City of Dover and a downtown merchant. He also Page 67

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Item #4. CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 21 mentioned that Agape Body Piercings and Destination Downtown Dover are sponsoring a Pub Crawl from 2:00 PM to 6:00 PM, the same day as the parade. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Boggerty wanted to acknowledge African American History in their great city and asked that they continue to remember all the great contributions of African Americans here and all around the world. Mr. Boggerty asked everybody to remember all the great contributions of the African American community that they have in this city, state, and abroad. Mr. Rocha stated that there will be a community meeting about the River Walk Project at the Dover Public Library on Saturday, February 24th, 2024, at 11:00 AM. The meeting is open to the public, and lunch will be provided. Due to space limitations, attendance is on a first-come, first- served basis. Mr. Rocha also mentioned that there will be a Town Hall meeting on March 7, 2024, located at Fire Station 2 on Kenton Road for the First District at 6:30 PM. Dr. Pillsbury, Mr. Boggerty, and himself will be present to provide updates on the road construction on Kenton Road and Saulsbury Road. The meeting will include a presentation by the MPO and an update on downtown from the Downtown Dover Partnership. Mr. Rocha requested Code Enforcement’s presence at this meeting. Additionally, Mr. Rocha expressed his intention to run for Council President and is seeking support from his colleagues. Mr. Anderson wanted to express his gratitude for the support he received following his sister's passing. He also mentioned that Reverend Dr. John G Moore, Sr., will be performing “Echoes of the Profit” presentation on Monday, February 19, 2024, at 3:00 PM at Bally’s. The event is free, and Mr. Anderson encouraged everyone to attend. The meeting adjourned at 7:35 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by the City Council during their Regular Meeting of February 12, 2024, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR Page 68

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Item #5. 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. Page 69

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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 2 Item #5. 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 Page 70

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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 3 Item #5. 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. Page 71

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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 4 Item #5. 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 Page 72

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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 5 Item #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 Page 73

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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 6 Item #5. 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. Page 74

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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 7 Item #5. 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. Page 75

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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2024 PAGE 8 Item #5. 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 Page 76

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ATTACHMENT #1 Council Committee of the Whole Meeting of 02/13/2024 Item #5. 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. Page 77

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Item #5. Page 78

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Item #5. 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 Page 79

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Item #5. Page 80

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Item #13. City of Dover MAYOR AND COUNCIL PROPOSED COUNCIL RESOLUTION NO. 2024-02 1 A RESOLUTION AMENDING THE RESOLUTION ADOPTED NOVEMBER 13, 1989 2 FORMALLY ESTABLISHING THE DOVER PUBLIC LIBRARY ADVISORY 3 COMMISSION 4 5 WHEREAS, the City of Dover established the Dover Public Library Advisory Commission 6 on Nov. 13, 1989, in order to assist the City of Dover in the administration and supervision of 7 its public library facility and 8 9 WHEREAS, the Kent County Levy Court has established the Dover Library Tax District 10 comprised of the unincorporated portions of the Capitol School District for the support of the 11 Dover Public Library and 12 13 WHEREAS, a governing body must make an annual recommendation to the Kent County 14 Levy Court for the tax rate for this library tax district 15 16 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover 17 hereby update the Dover Library Advisory Commission. This commission shall: 18 19 1. Consist of five (5) members, serving staggered five (5) year terms, to be appointed 20 by the Mayor and confirmed by members of City Council. The Mayor shall appoint 21 one (1) member of Council to serve as a liaison non-voting member of the 22 Commission, with said appointment to be confirmed by City Council. The mayor 23 shall appoint at least one (1) member who resides within the Dover Library Tax 24 District but outside the city limits of Dover. 25 26 2. Invite the Library Director, City Manager, President of the Friends of the Dover 27 Library, and President of the Dover Library Foundation to attend all meetings. 28 29 3. Reorganize each year at their July meeting to elect a President and Vice President, 30 with the Library Director to serve as Secretary. 31 32 4. Meet six (6) times per year to receive written and oral reports from the Library 33 Director on the activities of the library and provide the Library Director with advice 34 on policies prior to their implementation. 35 36 5. Recommend to Council all library grant requests, provide advice on library related 37 matters to the Mayor and Council, and act as advocates of the Library to the 38 community at large. 39 40 P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 81 Community Excellence Through Quality Service

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Item #13. COUNCIL RESOLUTION NO. 2024-02 PAGE 2 41 42 6. Provide an annual recommendation to the Kent County Levy Court for the library tax 43 rate to be assessed to residents in the Dover Library Tax District in the following 44 fiscal year and provide any required reporting to the Kent County Levy Court 45 regarding the library tax rate. 46 47 48 ADOPTED: 49 50 51 52 ROBIN R. CHRISTIANSEN WILLIAM F. HARE 53 MAYOR COUNCIL PRESIDENT 54 55 56 Actions History 57 02/26/2024 – Scheduled for Introduction – City Council Page 82

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Item #14. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: City Council DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: February 16, 2024 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg, III, City Manager and Patricia M. Marney, Interim Controller / Treasurer SUBJECT: Resolution Application for Drinking Water Matching Planning Grant TIMETABLE: Application to be submitted by February 28, 2024. Once adopted by Council, this will be forwarded to Drinking Water State Revolving Fund Program. RELATED PROJECT: N/A REFERENCE: N/A EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A STAFF RECOMMENDATION: Adopt resolution as submitted so staff may complete application for a Water Matching Planning Grant. BACKGROUND AND ANALYSIS: The State of Delaware has allotted matching funds to water providers to investigate emerging contaminants in drinking water. The Fiscal Year 2024 budget includes funds in the Water Division to conduct an evaluation of the effectiveness of various types of PFAS treatment media. In general, this investigation will provide our team with information on which media best addresses our treatment needs in the most cost-effective way and ensures our continued compliance with State and Federal drinking water guidelines. The budget in the Water Treatment Plant Operational budget is $35,000. The Department of Water & Wastewater will be seeking matching funds in the amount of $17,500 which could be 50% of the total cost. The amount of the matching grant will depend on the costs of the bid that will be forthcoming. For example, if the bid comes in at $50,000, the city would amend the grant application to 50% of the bid, or $25,000. The application process for the grant requires the City Council to adopt a resolution endorsing the application for a Drinking Water Matching Planning Grant. Page 83

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City of Dover Item #14. MAYOR AND COUNCIL PROPOSED COUNCIL RESOLUTION NO. 2024-03 1 A RESOLUTION PROPOSING APPLICATION FOR DRINKING WATER MATCHING 2 PLANNING GRANT 3 4 WHEREAS, the Mayor and Council of the City of Dover, Delaware, herein called the “Applicant”, has, 5 after adequate consideration, of the various aspects of available data as it relates to the water infrastructure, 6 determined that improvements to the City of Dover water infrastructure may be necessary; and 7 8 WHEREAS, the Applicant has determined that the expeditious completion of evaluating PFAS treatment 9 media is desirable and in the public interest, and to that end it is necessary that actions be taken 10 immediately; and 11 12 WHEREAS, the State of Delaware has authorized the making of grants to aid in financing a Security Plan 13 and related services in connection therewith; and 14 15 WHEREAS, the Applicant has examined and duly considered the Guidelines for said grants and the 16 Applicant deems it to be in the public interest and to the public benefit to file an application for a grant 17 under these Guidelines, and to authorize other action in connection therewith. 18 19 NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Council of the City of Dover, Delaware, 20 the governing body of said Applicant, as follows: 21 22 1. That the said Project is essential to and is in the best interest of the Applicant and to the end 23 that the said Project may be carried out as promptly as practical, it is desirable that action hereto 24 be undertaken immediately. 25 26 2. That David S. Hugg, City Manager, or his designated representative, be hereby authorized to 27 file on behalf of the Applicant, an application (in the format required by the State of Delaware 28 and in conformity with the request hereto) for a matching grant to be made from the State of 29 Delaware Drinking Water State Revolving Fund (DWSRF) Non-Federal Administrative 30 Account to the Applicant to aid in defraying the cost of the Project described above. 31 32 3. That if such a grant is made, the Applicant agrees to pay all the remaining cost of the approved 33 Project, over and above the amount of the State grant. 34 35 4. That the said David S. Hugg, City Manager, or his designated representative, is hereby 36 authorized to accept any State grant that may be offered, to furnish such information and to 37 take other action as may be necessary to enable the Applicant to qualify for the grant; and 38 39 5. That the said David S. Hugg, City Manager, or his representative designated as the 40 Authorized Representative of the Applicant for the purpose of furnishing to the State of 41 Delaware such information, data, and documents pertaining to the application for the grant 42 as may be required; and otherwise to act as the authorized representative of the Applicant in P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 84 Community Excellence Through Quality Service

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Proposed Council Resolution No. 2024-03 Page 2 Item #14. 43 connection to the application and in connection with any requirements of the State grant 44 which may be made. 45 46 6. That certified copies of this Resolution be included as part of the Application to be submitted 47 to the State of Delaware. 48 49 50 ADOPTED: 51 52 53 54 ROBIN R. CHRISTIANSEN WILLIAM F. HARE 55 MAYOR COUNCIL PRESIDENT 56 57 58 Actions History 59 02/26/2024 – Scheduled for Introduction - City Council Page 85

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Item #15. FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2024-06 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 102 - Taxation of the Dover Code Lodging Tax be amended by inserting the text 5 indicated in bold, blue font and deleting the text indicated in red strikeout as follows, as follows: 6 7 ARTICLE VII - Lodging Tax 8 9 Sec. 102-190. - Local lodging tax. 10 11 (a) A local lodging tax is hereby levied of up to three percent of the cost of the rent, in addition to 12 the amount imposed by the state and the county, for any room or rooms in a hotel, motel or tourist 13 home, as defined in 30 Del. C. §6101, within the boundaries of the city. The tax will be 14 implemented beginning July 1, 2020, at the rate of one-half of one percent for 2020; one percent 15 for 2021; and one and one-half percent for subsequent years ending upon the effective date of 16 this ordinance. The tax shall be set at three percent effective 30 days after the adoption of 17 this ordinance. 18 19 (b) The local lodging tax, pursuant to this article, is the responsibility of the occupant of the room 20 and shall be collected at the time the rental is paid. Operators of the hotel, motel or tourist home 21 are responsible for the collection of the local lodging tax and the remittance of the taxes to the city 22 within 20 days after the end of each calendar month, in accordance with procedures established by 23 the city manager and using forms designated by the city finance department. The tax imposed shall 24 be shown on the billing to the occupant as a separate and distinct item. 25 26 (c)Lodging tax receipts will be accounted for in a committed fund balance account to be used only 27 for infrastructure. 28 29 (c) Failure to remit the lodging tax due, shall result in an overdue balance statement from 30 the city finance department, based upon records of lodging tax paid to the State of Delaware 31 for such period, and subject to penalty, license, or tax lien in accordance with city policies. 32 33 (d)No local lodging tax pursuant to this article shall be collected for reservations or contracts for 34 lodging executed or completed before July 1, 2020. 35 36 (d) Alternatively, the city manager is authorized to engage the Delaware Division of Revenue 37 to collect the city’s portion of the lodging tax simultaneously with the receipt of the state tax, 38 to seek collection from operators, enforce rules relating to failure to file and failure to pay, 39 and remit funds to the city. 40 41 (e) The first one and one-half percent of lodging tax receipts will be accounted for in a 42 committed fund balance account to be used only for infrastructure. 43 Page 86

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Item #15. Proposed Ordinance #2024-06 – Amending Chapter 102 – Taxation, Article VII – Lodging Tax, Section 102-190 – Local Lodging Tax Page 2 44 (f) No local lodging tax pursuant to this article shall be collected for reservations or contracts 45 for lodging executed or completed before July 1, 2020. 46 47 ADOPTED: * 48 49 SYNOPSIS 50 The amendment increases the local lodging tax of up to 3% of the cost of the rent, in addition to 51 the amount imposed by the State and the County, for any room or rooms in a hotel, motel, or tourist 52 home, as defined in 30 Del. C. §6101, within the boundaries of the City of Dover. The ordinance 53 adds provisions addressing failure to remit and authorizes the City Manager to engage the 54 Delaware Division of Revenue to collect and remit lodging tax proceeds if desired. The first 1 55 ½% will continue to be dedicated to the infrastructure fund. Any additional amount will be 56 budgeted as normal general fund revenue. 57 58 Note: The lodging tax at 1.5% generated about $500,000 in FY 2023. Estimated revenue at the 3% 59 level is approximately $1.0 million. The city bills and processes over 100 lodging tax statements 60 each month, but there are a few facilities whose operators do not remit the required tax. Whether 61 these operators collect and pocket the tax or simply ignore the requirement is unknown. The city 62 has contacted the Division of Revenue to compare lists of operators (the state can impose penalties 63 based on audit for failure to file a tax return and failure to pay an amount due – we do not have 64 that provision in the Code). 65 66 The increase in the burden on the person renting a room, based on rates quoted on local websites 67 which show hotel/motel rooms in Dover falling within a $99-$180 range, is an additional $1.50 to 68 $2.70, likely not a significant increase. 69 70 Millsboro, one of the previous holdouts, is considering adopting a lodging tax. 71 (SPONSORS: ANDERSON AND NEIL) 72 73 74 Actions History 75 02/26/2024 – Scheduled for First Reading – City Council 76 02/13/2024 – Introduction – Legislative, Finance, and Administration Committee Page 87

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Item #16. FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2024-05 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 106 – TRAFFIC AND VEHICLES, Article I – IN GENERAL, be amended by inserting 5 the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 6 7 Section 106-17 – Truck routes. 8 9 (a) Except as hereinafter provided, no commercial vehicle having three or more axles shall be 10 operated on any street in the city except on a “truck route”. 11 (b) The following roads are designated as “truck routes” within the city: 12 (1) U.S. Route 13; 13 (2) Bay Road; 14 (3) Governors Avenue; 15 (3) Saulsbury Road; 16 (4) Dover-Kenton Road; 17 (5) Persimmon Tree Lane; 18 (6) Delaware Route 1; 19 (7) Scarborough Road; 20 (8) McKee Road; 21 (9) South Little Creek Road; 22 (10) Leipsic Road; 23 (11) Denny’s Road 24 (12) Delaware Route 8; 25 (13) North Street (from Mifflin Road to Saulsbury Road South Governors Avenue); 26 (14) POW/MIA Parkway; 27 (15) White Oak Road.; 28 (16) Hazlettville Road; 29 (c) This section shall not apply to any commercial vehicles with three or more axles: 30 (1) Making a local delivery to or a pickup from a place in the city incapable of being 31 directly accessed from a designated “truck route”. The driver must have available 32 proof of intended place of delivery or pickup and: 33 a. If entering the city limits, the driver shall use the most direct practical route 34 from a designated truck route to and from the delivery or pickup, and 35 b. If originating from within the city limits, the driver shall use the most direct 36 practical route to and from the place of delivery or pickup within the city and/or 37 the most direct practical route to a designated “truck route” if going outside the 38 city limits. 39 (2) Owned by or leased to the city or any volunteer fire company or emergency response 40 organization when engaged in official business, including, by way of example, those 41 vehicles of any fire department or any police department or agency, or to any town or 42 state public works department or agency. 43 (3) Owned by, leased to, or operated by any public utility company (or its subcontractor) 44 while engaged in public utility operations. 45 (4) Garbage and solid waste haulers in the course of their business operations. Page 88

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Item #16. Proposed Ordinance #2024-05 Amending Chapter 106 - Traffic and Vehicles Page 2 46 (5) Operated on any city street officially designated as a detour route where such vehicle 47 could otherwise be lawfully operated upon the street for which such detour is 48 established. 49 50 51 ADOPTED: * 52 53 SYNOPSIS 54 This ordinance updates the current truck routes within the city. Additional roads have been constructed 55 within the city limits that were designed for truck traffic. Other streets within the city are residential in 56 nature and do not provide a proper safety environment for the trucks and residents. 57 (SPONSORS: ANDERSON) 58 59 60 Actions History: 61 02/26/2024 - Scheduled for Final Reading - City Council 62 02/12/2024 - First Reading - City Council Page 89

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