CCW Packet REVISED

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, July 09, 2024 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA THIS AGENDA AND PACKET HAVE BEEN REVISED BY ADDING SUPPORTING DOCUMENTS TO THE PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE ITEM #1 – DISCUSSION – UPDATE ON THE CONSIDERATION OF A PUBLIC SPACE NAMING POLICY (TRICIA ARNDT, CHAIR), AND REMOVING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ITEM #3 – DISCUSSION – UPDATE ON STATE PENSION (DAVID S. HUGG, III, CITY MANAGER) Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/5glg2v Event number: 2537 181 3060 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER ADOPTION OF AGENDA COUNCIL REPORTS - June 2024 1. First District 2. Second District 3. Third District 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - July 09, 2024 PAGE 2 4. Fourth District 5. At-Large 6. Council President Anderson PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE ADOPTION OF THE AGENDA 1. Discussion - Update on the Consideration of a Public Space Naming Policy (Tricia K. Arndt, Chair of Parks, Recreation, and Community Enhancement Committee) (Committee Action Not Required) ADJOURNMENT OF THE PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING UTILITY COMMITTEE ADOPTION OF THE AGENDA 1. Evaluation of Bids - Well #9 Improvements (Jason Lyon, Water/Wastewater Director) (Staff Recommendation: Award the contract to A-Del Construction, for the construction phase of Well #9 Improvements, ITB #24-0026WW, for $1,699,000) ADJOURNMENT OF THE UTILITY COMMITTEE MEETING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. Evaluation of Bids - Garrison Oak Steel (Paul Waddell, Electric Director) (Staff Recommendation: Award the contract to AUI, Bid #24-0037EL, for the amount of $162,688.82) 2. Proposed Ordinance #2024-07 - Amending Chapter 80 - Personnel, Article IV - Pension Plans and Retirement Benefits (Except Police), Division 3. - General Employee Pension Plan (General Employee Pension Plan Board Recommendation: Approval of Proposed Ordinance #2024-07) 3. Discussion - Possible Moratorium on Recreational Marijuana Land Uses While Considering Zoning Regulations to Address Such Uses (David S. Hugg, III, City Manager, and Ann Marie Townshend, Rossi Group) (Staff Recommendation: Forward Resolution No. 2024-11 to City Council with a recommendation of approval) 2

COUNCIL COMMITTEE OF THE WHOLE MEETING - July 09, 2024 PAGE 3 ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE AGENDA ITEM #1 Discussion - Update on the Considera�on of a Public Space Naming Policy (Tricia K. Arndt, Chair of Parks, Recrea�on, and Community Enhancement Commitee) Issue Statement The City of Dover does not have an official policy guiding the (re)naming of city-owned proper�es such as parks, recrea�onal spaces, etc. Likewise, there is no official applica�on or ve�ng process. A policy would guide the naming/re-naming of city-owned property in a fair, objec�ve, and equitable process that is reflec�ve of the area’s history, characteris�cs, and community culture. Previous Council discussion indicated a desire to dra� such a policy. Input was solicited from members of the Silver Lake Commission at their March 2024 mee�ng. The following represents the results of that consulta�on, research of similar city’s space-naming policies and ordinances, and review of Dover’s relevant procedures for naming streets. General Guidelines City Council wishes to carefully deliberate the naming of streets, parks, and other public places; and is commited to providing a fair, consistent, and efficient process while respec�ng the important need for public consulta�on and legisla�ve approval in regard to the naming or re-naming of city-owned proper�es such as parks and recrea�onal areas. The intent of this policy is to guide the naming of city-owned property in a fair, objec�ve, and though�ul manner, and aid in the selec�on of names suitable for the property, respec�ve of the history of the site or area, useful to the public and reflec�ng the community culture. Renaming will be considered only in excep�onal circumstances and with significant jus�fica�on. Proposals to rename a city public space as a community request are not encouraged. Likewise, names that have become widely accepted by the community will not be abandoned unless there are compelling reasons and strong public sen�ment from the broader community for doing so. Historical or commonly used place names will be preserved wherever possible. There is no assump�on of right for a private donor to name a property because the property was a gi� to the public unless such right was required contractually with an agreement. The naming of any property shall not provide a property right or privilege to the applicant or recipient of the naming. The City reserves the right to deviate from the policy if it is deemed to serve the best interest of the City. 4

Item 1. Applica�on Process Any individual, group, or organiza�on may propose a name for a public property by submi�ng an applica�on and signed pe��on to the City Clerk's office. The pe��on must be signed by 50% of the property owners abu�ng the public space to be named. The applica�on must include: The proposed name. A statement of significance or jus�fica�on for the proposed name. Background informa�on on the individual, event, or en�ty being honored (if applicable). Any suppor�ng documenta�on or endorsements. The City Clerks’ office will review the applica�on for completeness and forward it to the City Council for considera�on. If the pe��on or other documenta�on does not meet the requirements, then the request shall be summarily dismissed by the City Clerk and the person or persons presen�ng such request shall be no�fied. Evalua�on Criteria The City Council will consider the following criteria when evalua�ng proposed names: Historical significance. Geographic loca�on. Contribu�on to the community. Alignment with community values. Public sen�ment and support. Names that reflect the cultural, historical, and natural heritage of Dover will be given par�cular considera�on. Commercial or corporate names will generally not be considered unless there is a significant and long- standing contribu�on to the community. Approval Process The opportunity for public comment shall be afforded prior to City Council ac�on. The City Council will make the final decision on the naming of public proper�es. The decision will be made by a 2/3 majority vote of the City Council. The legend of any sign or plaque must be writen or approved by the City Administra�on. Upon approval, the City Manager's office will coordinate the installa�on of appropriate signage or plaques. 5

Item 1. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: June 28, 2024 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg, City Manager and Patricia Marney, Interim Controller / Treasurer SUBJECT: Evaluation of Bids – Well #9 Improvements TIMETABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed in three hundred and sixty five (365) calendar days. RELATED PROJECT: X REFERENCE: X EXPENDITURE REQUIRED: $1,699,000 AMOUNT BUDGETED: $1,700,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Water & Wastewater- Wastewater Management, CIP Project #WD2405, CIP Project Name: Well #9 Improvements Account No.: 401-40-68-99- 000-54031. $1,000,000 funding from FY24 & $700,000 funding from FY25. STAFF RECOMMENDATION: Award contract to A-Del Construction. for the construction phase of Well #9 Improvements, ITB #24- 0026WW, for $1,699,000. BACKGROUND AND ANALYSIS: The proposed project, identified by staff will improve an existing water production well by elevating the infrastructure out of the flood plain. Currently, this well must be shut down frequently due to the physical location. This project will increase the water production reliability and redundancy of our well system. In addition to the construction of a new elevated well house, the HVAC, electrical and plumbing components of the building will be upgraded. Finally, site improvements will be installed, such as a new fence and driveway to increase the access and security of this infrastructure. The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #24-0026WW. Bids were opened on March 14, 2024. The City of Dover received one (1) bid, as shown below: 6

Item 1. BID PRICE EVALUATED CONTRACTOR LOCATION PRICE A-DEL CONSTRUCTION NEWARK, DE $1,699,000 $1,648,030* *A-Del Construction was awarded a three percent (3%) reduction due to local vendor preference. City staff reviewed the submissions and found that the A-Del Construction bid submission met all requirements for the qualifications of the project. The staff recommends awarding the contract to A-Del Construction in the amount of $1,699,000 for the construction phase of Well #9 Improvements. 7

Exhibit A: Well #9 Improvements Item 1. Not to Scale 8

Item 1. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole - Legislative, Finance and Administrative Committee DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: June 24, 2024 PREPARED BY: Shawn Burgett, Engineering Services & System Operations Superintendent SUBJECT: Evaluation of Bids – Garrison Oak Steel REFERENCE: N/A RELATED PROJECT: EE2215; Garrison Oak Substation REVIEWED BY: Dave Hugg, City Manager and Patricia Marney, Interim Controller/Treasurer EXHIBITS: Exhibit A – Bid Tabulations for RFP 24-0037EL EXPENDITURE REQUIRED: $162,688.82 AMOUNT BUDGETED: $798,629.42 FUNDING SOURCE (Dept./Page in CIP & Budget): Electric/163 Acct # 411-42-26-99-000-59025 TIMETABLE: Award upon Council Approval RECOMMENDED ACTION: Staff recommends awarding #24-0037EL to AUI BACKGROUND AND ANALYSIS This Committee Action Form (CAF) is to gain approval for the fabrication, delivery, and installation of 10 (ten) galvanized steel structures and necessary hardware. The steel work is needed for the construction of the Garrison Oak Substation. Steel needs to be fabricated for the structural aspect of supporting electric cables and other electrical materials such as transformer stands, and circuit breakers. Specifications for steel materials have been provided by Aubrey Silvey Engineering. The Request for Proposal was solicited and advertised per the City Purchasing Policy by the Procurement Manager, posted on the City website, and sent directly to multiple vendors the City knew could provide the material and there were two (2) responses. After evaluation it was deemed that the submission from AUI and Engineered Concepts fully met the specifications drafted by Aubrey Silvey in partnership with City of Dover Electric personnel. City of Dover Electric Department recommends awarding the bid to AUI due to it being the lowest bidder. Rank Vendor All in Price Comments 1 AUI $162,688.82 Lowest Bid 2 Engineered Concepts $247,875.00 3 4 5 9

Item 2. ACTION FORM PROCEEDING: Council Committee of the Whole - Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: General Employee Pension Board DATE SUBMITTED: 06/18/2024 PREPARED BY: General Employee Pension Board SUBJECT: Proposed Ordinance #2024-07 – Amending Chapter 80 – Personnel, Article IV – Pension Plans and Retirement Benefits (except Police), Division 3 – General Employee Pension Plan REFERENCE: RELATED PROJECT: REVIEWED BY: EXHIBITS: Proposed Ordinance 2024-07 EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: STAFF RECOMMENDATION: Approval of Proposed Ordinance #2024-07. BACKGROUND AND ANALYSIS At the April 09, 2024, Legislative, Finance, and Administration meeting, the presented version of Proposed Ordinance #2024-07 was remanded back to the General Employee Pension Plan board for a legal review. On April 19, 2024, the General Employee Pension Plan Board reviewed the proposed amendments and sought a legal review. On June 04, 2024, the General Employee Pension Plan Board met to review the proposed changes that were made following the legal review. The amendments make gender-neutral edits; suggests review of beneficiary information by plan participants; remove total and permanent disability exclusions; requires the city to provide the plan participants with an annual statement of individual contributions; changes the number and makeup of the general employee pension plan board; provides additional direction with regard to the pension board election; clarifies that a chairperson and a vice chairperson shall be elected annually; clarifies the responsibilities of the chairperson; clarifies when the board can meet and who can call a meeting; adopts Robert's Rules of Order as its parliamentary authority; requires that the board be provided monthly cash receipts and expenditure reports and that quarterly reports shall be provided in writing and presented at the quarterly meetings. 10

Item 2. City of Dover PROPOSED ORDINANCE #2024-07 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 80 – Personnel, Article IV – Pension Plans and Retirement Benefits (except Police), Division 3 – General Employee Pension Plan, be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: Section 80-500 – General employee pension plan established; purpose. (a) Generally. There is hereby established the city general employee pension plan. The purpose of the plan is to establish the terms and conditions under which retirement and disability benefits shall be provided to eligible employees of the city. The benefits under the plan shall be in addition to amounts received as social security benefits or from any other pension plan. (b) For employee exclusively. This plan is created for the exclusive benefit of the employees of the city and shall be interpreted in a manner consistent with it being an employee's trust, as defined in section 401(a) of the Internal Revenue Code (26 USC 401(a)). Therefore, under no circumstances shall any funds contributed to this plan, or any assets of the plan or trust ever revert to or be used or enjoyed by the city, nor shall any such funds or assets ever be used other than for the benefits of the employees of the city and their the beneficiaries of those employees, prior to the satisfaction of all liabilities under this plan to the employees. Section 80-501 – Eligibility of participant. Each eligible employee not drawing any retirement benefits from the mayor and city council as of January 1, 1967, shall, upon compliance with the provisions of this division, become a general employee pension plan participant under this division, commencing on July 1, 1967, or at any subsequent time immediately upon his employment. Effective September 28, 2009, the general employee pension plan is closed to new participants. Section 80-502 – Participation mandatory; exceptions. The pension plan shall not be construed to give any employee the right to be retained in the employ of the city. All new employees hired after July 1, 1991, shall be required, as a condition of employment, to join the general employee pension plan or the deferred compensation plan. All new employees hired after September 29, 2009, are required to join the money purchase plan (IRC 401(a)), as defined in division 4. All participants of the general employee pension plan as of September 28, 2009, will remain members of either plan thereafter unless they shall leave leaving the employment of the city, retire, pass away, or elect retiring, passing away, or electing to terminate their participation in the general employee pension plan and become becoming a member of the money purchase plan (IRC 401(a)), as defined in 11

Item 2. Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art. 4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 2 division 4. Section 80-503 – Defraudment. It shall be unlawful for any person to knowingly make any false statement or falsify, or permit to be falsified, any record of the pension plan in an attempt to defraud the plan. Section 80-504 – Normal retirement. The normal retirement date for each participant shall be the first day of the month following the attainment of the age of 65 years, provided that he has completed ten years of continuous service have been completed. Section 80-505 – Early retirement. (a) Reduced benefits. A participant who has completed ten years of continuous service and who has attained the age of 55 years may retire at any time within the ten years preceding his the normal retirement date; provided, however, that his retirement benefits shall be computed at a reduced rate of one-half percent for each month computed from the date of early retirement to age 65 years. (b) Unreduced benefits. (1) Hired May 1, 1994, or later. For eligible employees hired on or after May 1, 1994, a participant who has attained the age of 55 years, and whose attained age plus years of continuous service is equal to or greater than 80, may retire at any time prior to his the normal retirement date with no reduction in retirement benefits. (2) Hired before May 1, 1994. For eligible employees hired before May 1, 1994, a participant who has completed 25 years of continuous service or who has attained the age of 50 years and completed 20 years of continuous service, may retire at any time prior to his the normal retirement date with no reduction in retirement benefits. Section 80-506 – Later retirement. If a participant works beyond his the normal retirement date, the payment of the participant's retirement benefits shall be deferred until his actual retirement. Section 80-507 – Forced retirement with pension. The general employee pension plan board, upon recommendation of the city council or the city manager, may require retirement in any case where deemed necessary due to the lack of work or inability of the employee to perform with a satisfactory degree of efficiency, provided that the employee qualifies for either normal retirement pursuant to section 80-504, or early retirement pursuant to section 80-505. The employee shall then be entitled to receive, commencing on the first day of the month coinciding with or next following his the date of retirement, pension benefits equal to the benefits computed in accordance with the provisions of 12

Item 2. Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art. 4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 3 section 80-508 on the basis of the employee's service completed prior to actual retirement. Section 80-508 – Amount of retirement benefits. Retirement January 1, 1995, or later. The amount of retirement benefits payable to a participant who retires on or after January 1, 1995, shall be computed on the basis of one-fiftieth of his the participant’s average actual monthly earnings multiplied by the total number of years of continuous service. Average actual monthly earnings shall be a participant's base pay plus scheduled overtime, payment for being on call, except those hours reported for being called out, and any retroactive pay corrections which involve any one of the mentioned payments during any period of 36 consecutive months in his the final ten years of continuous service which results in the highest average monthly earnings. If an employee's approved absence is the result of a workers compensation injury, the base wages that the employee would have earned had he the employee not been on workers compensation leave will be included when determining the highest 36 consecutive months within his the employee’s final ten years of continuous service. The value of lost base salary as a result of mandatory furlough shall be added to an employee's final average compensation and considered in the calculation of the amount of retirement benefits, if the time period in which the mandatory furlough was required is within the highest 36 consecutive months or earnings within the final ten years of continuous service. Annual Increase. The retirement income of a retired member of this plan shall be increased by two percent per annum every January 1. This increase in retirement pay shall be cumulative and the previous year’s increase shall be included in the retired member’s retirement income for the purpose of calculating the annual two percent increase. Section 80-509 – Form of benefits. (a) Normal form. A monthly benefit shall be payable on the first day of the second month preceding the date on which the application for such benefit is filed. Payment will be retroactive to the retirement date. Payments of benefits shall be payable monthly thereafter during his the participant’s lifetime and terminating with the last payment on the first day of the month of the death of the participant. The general employee pension plan board shall be notified of all plan participant retirements. (b) Death of participant, etc. Upon the death of a participant who has retired, or who is eligible to be retired under any of the provisions of this division, payment shall be made to their the participant's eligible survivors in the amount of 50 percent of the monthly payments to which the participant was or would have been entitled. Upon the death of a participant who has completed a minimum of ten years of service but is not yet eligible to retire because of due to age and/or years of service, payment shall be made to their the participant’s eligible survivors in the amount of 50 percent of the monthly payment to which the participant was or would have been entitled. The pension amount will be based upon section 80-508. There shall be no reduction in benefits. In no instance shall actual monthly payments be less than $200.00, to be effective July 1, 2000. Upon the death of both the participant and eligible 13

Item 2. Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art. 4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 4 survivor, if the benefit payments received in the aggregate are less than the member's contributions, the balance of the member's contributions, plus five percent interest, will be paid to the surviving beneficiary designated or his to the estate if no designation has been made and submitted to the general employee pension plan board. The amount of benefit payments received and the amount of the member's contributions shall be determined from the record of the pension board. The city shall request all plan participants to review eligible survivor and surviving beneficiary information annually and revise it as needed. (c) Eligible survivor. An eligible survivor shall be one of the following in the order of preference listed: (1) Spouse. The participant's spouse who was married to the participant for at least one year. Surviving spouse shall be required to provide supporting documents of marriage. (2) Children, unmarried. Child or children of participant. a. The surviving child or children, biological or legally adopted, of the participant, who have not attained their 18th birthday 18 years of age. b. If said Said surviving child or children of the participant is attending school on a full-time basis and provides providing proof of attendance each year of eligibility, who have not attained 26 years of age. Benefits shall cease with the payment due for the month in which he the child or children ceases to attend school on a full-time basis or with the payment due for the month in which his 22nd birthday shall occur age 26 is attained, whichever shall occur first. (d) Commencement of payment. Benefits payable to eligible survivors shall commence on the first day of the month following the date of the participant's death. (e) Benefits Cessation of benefits payable. Benefits payable to eligible survivors shall cease: (1) Spouse. With respect to an eligible survivor who is a spouse, with the payment due for the month in which their remarriage or death shall occur, whichever occurs first. (2) Children Surviving child or children. With respect to an eligible survivors who is a child(ren) are children with the payment due for the month in which his 18th birthday age 18 is attained or death shall occur, whichever shall occur first unless the child or children attend school full-time and have not attained 26 years of age. Payments shall be made in accordance with subsections (2)a. and b. (f) Eligibility for benefits. The eligibility of any person or persons to receive payment of benefits as an eligible survivor shall be determined conclusively by the general employee pension plan board based on the application of such person or persons and any other information which the pension board deems to be appropriate. 14

Item 2. Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art. 4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 5 Section 80-510 – Total and permanent disability. (a) Definition. As used in this division, a participant shall be deemed to be "totally and permanently disabled" when the general employee pension plan board, on the basis of a medical examination by a physician or physicians selected by the pension board, finds the employee: (1) Work generally. To be totally and permanently prevented from engaging in any occupation or employment for remuneration or profit as a result of bodily or mental injury or disease, whether occupational or nonoccupational in cause; or (2) Employment. To be totally and permanently prevented from continuing in their capacity as an employee as a result of bodily or mental injury or disease, whether occupational or nonoccupational in cause. (b) Exclusions. Total and permanent disability, within the terms of this division, shall exclude disability resulting from or consisting of chronic alcoholism, addiction to narcotics, engaging in a felonious criminal act for which they are found guilty, or a willful effort on their part to bring about the injury or illness to themselves or any other person or service in the armed forces of any foreign country. Section 80-511 – Early retirement due to permanent disability. Any employee who has completed a minimum of ten consecutive years of service and sustains an injury or experiences a permanent health impairment to the extent of total and permanent disability shall be eligible for retirement upon application and certification by the general employee pension plan board that all of the criteria have been met. The pension amount will be based upon section 80-508. There shall be no reduction in benefit. Section 80-512 – Commencement of disability benefits. (a) Removed from payroll. A participant who files for a disability pension shall not work and be kept on the active payroll and receive credited service from the inception of the disability to the end of the first full calendar month following the date of application. (b) Change in compensation; leave. During the application period above, the participant's compensation shall not be increased. (c) Commencement of benefits. The eligibility for payment of disability benefits under this division shall commence, if approved, on the first day of the month following the application period set forth in subsection (a). Section 80-513 – Termination of employment. (a) Forfeiture of participation. Any participant whose employment is terminated prior to the date he becomes eligible of eligibility for retirement benefits shall forfeit his status as a participant in the pension plan and all accumulated credit for continuous service. 15

Item 2. Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art. 4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 6 (b) Ten years' service. Any participant with a minimum of ten years of continuous service and whose employment is terminated prior to the date he becomes becoming eligible for retirement benefits under sections 80-504—Normal retirement, 80-505—Early retirement, 80-506—Later retirement or 80-510 80-511—Early retirement due to permanent disability, shall become vested and upon attaining the age of 65 years, shall be eligible for pension benefits under the provisions of section 80-508—Amount of retirement benefits, upon application to the pension board of trustees. The form of the benefit will be based on the formula which was in effect at the time of termination. (c) Layoffs. Upon recall, any Any participant whose employment is terminated due to a layoff and is recalled who is laid off and then rehired within five years of layoff, may apply to the general employee pension plan board to have their previous service credits restored immediately. If they have withdrawn Participants who withdrew their contributions, they must repay them as calculated by the city's actuary. A Upon approval by the general employee pension plan board, returning employee participants must make an election to return previously refunded amounts, plus calculated interest, within 30 days. of approval of the general employee pension plan board. Contributions will be reimbursed based on the gross amount received. Participants who are laid off and not recalled rehired within five years shall forfeit their status as a participant in the pension plan and all accumulated credit for continuous service. (d) Request for refund. When an employee leaves the employment of the city employment and is entitled to withdraw his contributions, with interest thereon a written notarized request for a refund of contributions must be submitted before payment is made. Refunds will be issued 90 days from the date the notarized request is received. Interest on the contributions, at the rate of five percent per annum, shall be compounded annually from the last day of the plan year in which such contribution was made to the earlier of the date of commencement of retirement income or the date on which contributions are payable pursuant to the provisions of the plan., then he shall submit a written notarized request for a refund of these contributions before payment shall be made. Refunds will be issued 90 days from the date when the notarized request is received. Contributions will automatically be refunded five years from the date of separation. Section 80-514 – Cessation of disability pension benefits. (a) A participant shall cease to qualify for disability pension benefits: (1) Recovered. At the time that the general employee pension plan board determines, based on the basis of a medical examination by a physician or physicians selected by the pension plan board, that a participant is no longer totally and permanently disabled or has sufficiently recovered, but refuses to resume their regular occupation as an employee or to be reemployed by the city in some other suitable position for which they are suited or which is appropriate to their the participant's training and experience; (2) Refuses examination. When the participant refuses to undergo a medical examination 16

Item 2. Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art. 4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 7 requested by the general employee pension plan board; or (3) Age 65 years. On the first day of the month following the participant's 65th birthday. (b) Upon the occurrence of the earliest of the above events, disability pension benefits shall cease, except that, if the event of subsection (a)(3) of this section occurs, payment of the normal retirement benefits shall commence on that date, in the same amount as the disability pension benefits. Section 80-515 – Effect of state workers’ compensation on disability benefits. Any disability pension benefits received by a participant under the terms of this division as the result of an injury or illness compensable under the workers' compensation laws of the state shall be reduced by the amount of the workers' compensation payments actually received by the participant. Section 80-516 – Benefits to cease upon reemployment; exceptions. The Internal Revenue Code has provided guidance that to be considered retired for purposes of prohibitions against "in-service distributions," one must have an at least six-month break before returning to employment with the same employer and that such a return cannot be pre-planned at the time of retirement. If the individual is under the normal retirement age of 65, the individual will be subject to an annual earnings limit of $30,000.00. Any employee of the city who is receiving, or who shall receive, benefits under this division, and who is thereafter reemployed by the city or appointed to any position by the mayor or council bearing remuneration, shall cease to draw benefits during the period of reemployment. Upon termination of the reemployment, the benefits shall be restored. The provisions of this section shall not apply to any employee who receives remuneration as a result of being elected or appointed to an elective or appointed office in the city, nor to any employee reemployed by the city in a casual/seasonal capacity, not to exceed 180 calendar days. Employees would be eligible to return to casual/seasonal status immediately following retirement. Casual/seasonal employees may be employed by the city on a temporary basis in order to provide assistance for the following situations: (a) Casual assistance. Employee is needed on a sporadic or on-call basis where hours cannot be predetermined and vary greatly from week to week. Such employees may be used as needed. (b) Seasonal assistance. Employee is needed for peak operating seasons. (c) Project assistance. Employee performs duties related to a specific project that has defined objectives and an established time period of completion that does not exceed 180 calendar days. 17

Item 2. Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art. 4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 8 (d) Primary incumbent replacement. Employee is needed to fulfill the job responsibilities of the primary incumbent who is unable to perform such responsibilities for an extended period of time. Such employees may be used for a maximum of 180 calendar days or the length of time the incumbent is unable to perform the job responsibility, whichever is less. (e) Contracting. Any individual participating in the plan who contracts with the city or represents any private enterprise that has a contract with an employer participating in the plan must have a six-month separation from their the effective date of retirement if the individual is under 65. The city shall maintain, in a form prescribed by the human resources director, a certification of the worker's status. The certification will be used for a determination of the individual meeting the definition of eligible employees under this section. Section 80-517 – Benefit assignment, transfer, etc. No participant or beneficiary under the plan shall assign, transfer, hypothecate, encumber, commute, or anticipate any interest he may have in payments, funds, or contracts under this plan. No interest shall in any way be subject to any legal process, levy of execution, attachment, or garnishment proceedings for the payment of any claim against the participant or any beneficiary under the plan, nor shall any such interest be subject to the jurisdiction of any bankruptcy court or insolvency proceedings. Section 80-518 – Contributions. (a) Payroll deductions. (1) Amount. For each year, while a participant of the plan, a participant shall contribute, by payroll deductions, an amount equal to 3½ percent of his the participant’s average actual monthly earnings as described in section 80-508—Amount of retirement benefits (effective May 1, 1994). The city shall provide the plan participants with an annual statement of individual contributions. (2) Employer contributions. The city, pursuant to the provisions of section 414(h)(2) of the United States Internal Revenue Code (26 USC 414(h)(2)), shall pick up and pay the contributions which would otherwise be payable by the employee under this section. The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to be withheld from the employee's compensation. (3) Employee contributions picked up by city. Employee contributions picked up by the city shall be paid from the same source of funds used for the payment of compensation to an employee. A deduction shall be made from each employee's compensation equal to the amount of the employee's compensation picked up by the employer. This deduction, however, shall not reduce the employee's compensation for purposes of computing benefits under the retirement system pursuant to this *division. 18

Item 2. Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art. 4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 9 (4) Employee contributions credited. a. Employee contributions shall be credited to a separate account within the employee's individual account so that the amount contributed prior to the effective date for the pickup of the employee's contributions may be distinguished from the amounts contributed on or after the effective date. b. The contributions, although designated as employee contributions, are being paid by the employer in lieu of the contributions by the employee. The employee will not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system. (b) City contributions. The city shall make such contributions as necessary to meet the requirements of the plan. Effective May 1, 1994, the city shall pick up the employee contributions by a reduction in current earnings. Such picked-up contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code; however, the contributions so picked up shall be included in earnings for purposes of the plan. Participant contributions which are picked up shall be treated, for all purposes of this plan, in the same manner as participant contributions made prior to May 1, 1994. (c) Other contributions. The general employee pension plan board shall receive all appropriations, contributions, and interest allowances as may be received from time to time by the city from the state or any other source, and designated specifically for employee pensions. (d) Withdrawal from plan. A member who withdraws from the general employee pension plan for any reason, other than retirement, death, or disability, may request their that the accumulated contributions, plus five percent interest, be paid to them after such date of withdrawal; provided, however, their the contributions shall not be refunded to them earlier than 90 days after receipt of their the notarized application for the same. (e) Death of ineligible member. Upon the death of a member not eligible to retire under any provision of this division, their the employee contributions shall be payable in a single sum to their the participant’s designated beneficiary or their the participant’s estate if no designation has been made. Section 80-519 – City paramedics transferred to county. Notwithstanding any other provision of this division, all persons employed by the city as paramedics, who are transferred to the county emergency medical services department and who make a written election to remain in the city general employee pension plan, shall continue to be considered eligible employees within the meaning of the pension plan as long as they the paramedics are employed by the county emergency medical services department. All benefits for any such paramedic shall be calculated as if the paramedic had remained a city employee during his employment while employed with the county emergency medical services department. 19

Item 2. Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art. 4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 10 Section 80-520– General employee pension plan board; established; duties. There is hereby established a general employee pension plan board, the duties of which shall be to manage the general employee pension plan. Section 80-521– Composition. The general employee pension plan board shall consist of the following persons: (1) Manager. The city manager. (2) City officials. Two elected city officials who shall be appointed by the council president, subject to confirmation of a voting majority of the city council at its annual meeting. (3) Participants. Three Four participants; or active, retired, or vested participants of the general employee pension plan who shall be elected by the active, retired, or vested participants and retired participants of the plan. (4) Controller/treasurer. The city controller/treasurer. (5) Election. (a) Such election shall be for three-year staggered terms, beginning July 1 and ending June 30 three years later. A regular election for filling these positions will be held the third week of June each year. (b) In the first week of April of each year, the city clerk shall notify those eligible to vote of the exact time and place of the election. Any general employee pension plan member that is eligible to vote and appears on the listing of qualified voters who will be unable to appear at the polling place on the date and time of the election may cast his or her vote by absentee ballot in the general employee pension plan election for the following reasons: 1) armed forces, 2) public service, 3) occupation, 4) sickness, 5) disability, 6) religion, 7) vacation, or 8) residency outside of the Dover area which makes it infeasible to vote in person. Any active, retired, or vested member of the general employee pension plan who wishes to fill an expiring term or vacancy must submit their name to the city clerk’s office by the deadline determined by the city clerk. (c) Any general employee pension plan member that is eligible to vote and appears on the listing of qualified voters who will be unable to appear at the polling place on the date and time of the election may cast his or her vote by absentee ballot in the general employee pension plan election for the following reasons: 1) armed forces, 2) public service, 3) occupation, 4) sickness, 5) disability, 6) religion, 7) vacation, or 8) residency outside of the 20

Item 2. Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art. 4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 11 Dover area which makes it infeasible to vote in person. Participants wishing to vote by absentee ballot must request an affidavit for absentee voting from the city clerk’s office. Once the affidavit is returned, the city clerk shall send the participant an absentee ballot which must be completed and returned to the city clerk’s office. Both the affidavit and the completed absentee ballot must be returned by the deadline determined by the city clerk. (d) Persons appearing to vote shall present proof of identity. The identification shall be 1 or more of the following items that show the identity of the person: (1) A current driver’s license or ID card; (2) A uniformed service ID card; (3) Another current photo ID issued by a government agency, the voter’s employer, high school, or higher education institution. The Election Officer shall then check the person’s name against the voter list. If the Election Officer determines that the person is not eligible to vote in the election, the Election Officer shall refer the person to the city clerk. The city clerk, after hearing and considering evidence, shall determine whether to permit the person to vote. Upon making the decision, the city clerk shall appropriately annotate the voter list. Section 80-522 – Term of office of members. The term of office of each member of the general employee pension plan board, except the city controller/treasurer, city manager, and elected city officials, shall commence on the first day of the month following their election and continue for a period of three years or until their successor shall be elected and qualified. Section 80-523 – Officers and ex officio members. The At its first meeting after each regular general employee pension plan board election, the board shall elect a chairperson and a vice chairperson who shall serve in the absence of the chairperson. The Committee Chair's responsibilities include chairing general employee pension plan board meetings, setting agendas, and facilitating communication with the board as needed. The city controller/treasurer shall be the pension fund treasurer and their the treasurer’s bond shall cover all monies deposited with them. Section 80-524 – Vacancies. If a vacancy occurs in the offices of the general employee pension plan board, the vacancy shall be filled for the unexpired term within 60 days and in the same manner as the office was originally filled. Should a member of the pension plan board cease to be in the employ of the city, other than by retiring or being vested in accordance with this division, their the office as a member of the board shall be declared vacant. Section 80-525 – Compensation of members. Members of the general employee pension plan board shall serve without compensation. 21

Item 2. Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art. 4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 12 Section 80-526 – Meetings. The general employee pension plan board shall make all rules as to the time and place of meetings; and a majority of its membership shall be required to transact pension board business. The board shall meet on a quarterly basis to review investment performance but may meet more frequently if needed. Meetings may be called by the chairperson, vice chairperson, or three members of the board. The board will follow Robert’s Rules of Order as its parliamentary authority. The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the pension board in all cases to which they are applicable and in which they are not inconsistent with any special rules of order the board may adopt. Section 80-527 – Powers. The general employee pension plan board, in administering the pension plan, shall have the following powers in carrying out the purposes thereof: (1) Payment of funds. To pay funds to those entitled to receive them. The controller/treasurer shall sign all vouchers for the disbursements of the funds and shall report to the general employee pension board all financial transactions on an annual basis;. Monthly cash receipts and expenditure reports will be delivered on a quarterly basis. The quarterly reports shall be provided in writing seven days in advance of the quarterly meeting. (2) Purchase annuity contracts. To purchase and pay the costs of group annuity contracts from any insurance company for the benefit of participants; (3) Employment of agents, employees, etc. To employ agents, employees, or experts to assist the pension board in carrying out the provisions of this division, including an agent to advise and make recommendations concerning the investment of funds, and to pay reasonable compensation for those services, and the compensation may be paid from income or corpus of the pension fund or by direct appropriation by the city council as the pension board and the city council may determine; (4) Investments. To invest and reinvest money in the pension fund, without any limitation, in United States or state municipal bonds or group annuity contracts. Money in the pension fund may also be invested and reinvested in other types of bonds, stocks, and securities to the extent the pension board may deem best and as is not prohibited by any law now or hereafter in force limiting the investments of the trustees. The pension board may from time to time change the investments of the fund and, to this end, may make sales of any investment privately, without advertisement and without the necessity of any court order, upon the terms that the pension board deems proper. The funds and investments may also be from time to time turned over to and placed in the custody of any fiscal agent designated by the pension board; (5) Contracts. To generally contract in matters relevant to effectuating and achieving the 22

Item 2. Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art. 4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 13 purposes of this plan; (6) Pension benefits. To receive and pay out pension benefits in accordance with the provisions of this division, or designate a fiscal agent to receive and pay out the pension benefits; (7) Rules and regulations. To make rules and regulations as may be necessary to effectuate this subdivision. Section 80-528 – City solicitor to render legal services. The city solicitor shall render whatever legal service the general employee pension plan board shall require. Section 80-529 – Appeals. Any employee dissatisfied with the action of the general employee pension plan board shall have the right to appeal to the city council within 30 days from the date of formal notification of that action. ADOPTED: * SYNOPSIS The amendments make gender-neutral edits; suggests review of beneficiary information by plan participants; removes total and permanent disability exclusions; requires the city to provide the plan participants with an annual statement of individual contributions; changes the number and makeup of the general employee pension plan board; provides additional direction with regard to the pension board election; clarifies that a chairperson and a vice chairperson shall be elected annually; clarifies the responsibilities of the chairperson; clarifies when the board can meet and who can call a meeting; adopts Robert's Rules of Order as its parliamentary authority; requires that the board be provided monthly cash receipts and expenditure reports and that quarterly reports shall be provided in writing and presented at the quarterly meetings. Action History 07/09/2024 – Scheduled for Introduction – Legislative, Finance, and Administration Committee 06/04/2024 – Pension Board review and recommendation 04/19/202 – Pension Board considered amendments proposed by the sponsors and staff, sought legal assistance 04/09/2024 – Introduction at Council Committee of the Whole – Legislative, Finance, and Administration (Remanded back to the Pension Board and for legal review) 02/08/2024 – Pension Board considered and recommended adoption, as revised by the Board 23

Item 3. ACTION FORM PROCEEDING: Council Committee of the Whole - Legislative, Finance and Administration, Res #2024-11 DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 7/1/2024 PREPARED BY: Ann Marie Townshend, Consultant with Rossi Group SUBJECT: Proposed Resolution #2024-11 Enacting a Moratorium on Recreational Marijuana Related Uses While Considering Zoning Regulations to Address Such Uses REFERENCE: Delaware Marijuana Control Act RELATED PROJECT: Proposed Ordinances to Regulate Recreational Marijuana Land Uses in Dover (Ordinance #2024-24 and Ordinance #2024.25) REVIEWED BY: Sharon J. Duca, P.E., Assistant City Manager EXHIBITS: Draft Resolution EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: Introduction and Action at City Council meeting on July 22 STAFF RECOMMENDATION: Staff recommends that the Committee forward the Resolution to City Council with a recommendation for approval. BACKGROUND AND ANALYSIS The Delaware Marijuana Control Act went into effect on July 5, 2023, legalizing personal-use quantities of recreational marijuana for adults aged 21 and over. The Act allows municipalities to prohibit the operation of marijuana establishments within their jurisdiction, or to regulate the time, place, or manner in which such establishments operate. Municipalities cannot prohibit the use of marijuana on private properties within their jurisdiction. Delaware Office of the Marijuana Commissioner will begin accepting license applications for recreational marijuana establishments on September 1, 2024, and will begin issuing licenses for some uses on November 1, 2024. The City administration has been working, with the assistance of a consultant, to develop ordinances to address business licensing and zoning related to recreational marijuana uses within Dover. In an effort to ensure that City Council has adequate time to gather public feedback and to appropriately consider such policy alternatives, City staff have prepared a draft Resolution for consideration that would prohibit such uses until City Council completes its deliberations and approves an ordinance either prohibiting or regulating recreational marijuana uses. The presence of a moratorium would eliminate potential confusion over whether such uses are permitted until the City Council acts affirmatively to approve an ordinance. 24

Item 3. City of Dover MAYOR AND COUNCIL PROPOSED COUNCIL RESOLUTION NO. 2024-11 1 A RESOLUTION TO ENACT A MORATORIUM ON RECREATIONAL MARIJUANA 2 RELATED USES IN THE CITY OF DOVER, DELAWARE 3 4 WHEREAS, the Mayor and City Council seek to preserve, protect, and promote the 5 general health, safety, and welfare of the citizens of the City of Dover, Delaware through the 6 enactment of certain codes, ordinances, and other regulatory tools and policies that are necessary, 7 and good to achieve that end; and 8 9 WHEREAS, recreational marijuana became legal for adult use in the State of Delaware 10 on July 5, 2023, when the Delaware Marijuana Control Act went into effect; and 11 12 WHEREAS, the Delaware Marijuana Control Act allows municipalities to enact 13 ordinances or regulations prohibiting the operation of recreational marijuana related 14 establishments within their jurisdiction or governing the time, place, manner, and number of 15 recreational marijuana establishment operations; and 16 17 WHEREAS, the Council Committee of the Whole, Legislative, Finance, and 18 Administration Committee discussed options on regulating recreational marijuana within the City 19 of Dover at their meetings on September 26, 2023, and April 09, 2024, and directed city staff to 20 draft an ordinance permitting recreational marijuana establishments within certain zones; and 21 22 WHEREAS, the Council Committee of the Whole, Legislative, Finance, and 23 Administration Committee discussed Proposed Ordinance #2024-24 relating to recreational 24 marijuana business licenses, and Proposed Ordinance #2024-25 relating to zoning regulations on 25 June 11, 2024; and 26 27 WHEREAS, during this meeting, several public commenters raised concerns about the 28 provisions outlined in these proposed ordinances; and 29 30 WHEREAS, following this discussion, the Council Committee of the Whole, Legislative, 31 Finance, and Administration Committee and City Council requested that more research and 32 community outreach be conducted and ultimately deferred the issue to a Special Legislative, 33 Finance, and Administration Committee meeting; and 34 35 WHEREAS, the State of Delaware Office of the Marijuana Commissioner will begin 36 accepting applications for all recreational marijuana business license types on September 1, 2024, 37 and will begin issuing licenses on November 1, 2024; and 38 P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 25

Item 3. PROPOSED COUNCIL RESOLUTION NO. 2024-11 PAGE 2 39 WHEREAS, the City of Dover, Delaware is actively working to determine the best way 40 to regulate land uses related to the recreational marijuana industry. 41 42 NOW THEREFORE BE IT RESOLVED: 43 44 The City Council does hereby enact a moratorium on recreational marijuana related uses within 45 the City of Dover, Delaware, subject to the following stipulations and conditions: 46 47 1. This moratorium shall become effective immediately upon adoption by the City 48 Council of the City of Dover, Delaware; and 49 50 2. This moratorium shall apply to all recreational marijuana establishments licensed 51 by the Delaware Office of the Marijuana Commissioner, which are defined as 52 follows: 53 54 a) “Marijuana cultivation facility” means an entity licensed to cultivate, prepare, 55 and package marijuana and sell marijuana to retail marijuana stores, to 56 marijuana product manufacturing facilities, and to other marijuana cultivation 57 facilities, but not to consumers. A marijuana cultivation facility may not 58 produce marijuana concentrates, tinctures, extracts, or other marijuana 59 products. 60 61 b) “Marijuana product manufacturing facility” means an entity licensed to 62 purchase marijuana, manufacture, prepare, and package marijuana products, 63 and sell marijuana and marijuana products to other marijuana product 64 manufacturing facilities and retail marijuana stores, but not to consumers. 65 66 c) “Marijuana testing facility” means an entity licensed to test marijuana for 67 potency and contaminants. 68 69 d) “Retail marijuana store” means an entity licensed to purchase marijuana from 70 marijuana cultivation facilities, to purchase marijuana and marijuana products 71 from marijuana product manufacturing facilities, and to sell marijuana and 72 marijuana products to consumers. 73 74 3. It shall be understood that the purpose of this moratorium is to afford the City 75 Council a reasonable due diligence period to consider alternative courses of action 76 relative to the governing of recreational marijuana uses within the city including, 77 but not limited to, adoption of an amendment to the Dover Code of Ordinances, 78 regulating the time, place, manner, and number of marijuana establishment 79 options; and 80 81 4. This moratorium shall remain in effect until December 31, 2024, unless rescinded 82 by City Council or unless City Council adopts ordinances related to recreational 83 marijuana related uses/establishments at an earlier date. ADOPTED: * 26

Item 3. PROPOSED COUNCIL RESOLUTION NO. 2024-11 PAGE 3 _______________________________ ______________________________ 84 ROBIN R. CHRISTIANSEN DAVID L. ANDERSON 85 MAYOR COUNCIL PRESIDENT 86 87 88 Actions History 89 07/09/2024 – Scheduled for Introduction – Council Committee of the Whole/Legislative, 90 Finance, and Administration Committee 27