CCW Minutes

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on September 24, 2024, at 6:01 p.m. with Council President Anderson presiding. Members of Council present were Mr. Boggerty, Mr. Hare, Mr. Neil, Mr. Lewis, and Mr. Rocha. Ms. Arndt, Dr. Pillsbury, and Dr. Sudler were absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Dr. Jackson-Short, (Safety Advisory and Transportation), Mr. Wilson (Utility), Mr. Garfinkel, and Mr. Shevock (Legislative, Finance, and Administration). Ms. Smack (Safety Advisory and Transportation), and Mr. Iriowen (Utility) were absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Mr. EShed Alston, 406 Arnold Court, proposed that the city sponsor or host debates during this election year, which occurs every four years. He emphasized that these debates would provide a valuable opportunity for the community to learn more about the candidates from both the Republican and Democratic parties. Given Delaware’s status as the first state, Mr. Alston expressed that there is a civic obligation to educate those unfamiliar with the electoral process. He volunteered to participate in the initiative, describing it as an important learning experience and beneficial civic exercise for the entire community. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Boggerty presiding. Adoption of Agenda Mr. Rocha moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Debriefing - Post-Mortem on the Phish Music Festival (Kay Sass, Emergency Management Coordinator, Jim Hosfelt, Dover Motor Speedway, and City of Dover Fire Marshal’s Office) Ms. Kay Sass, Emergency Management Coordinator, and Mr. Jim Hosfelt, Dover Motor Speedway, debriefed the Post-Mortem of the Phish Music Festival. Mr. Jason Osika, City of Dover Fire Marshal and Chief Johnson were present for questions. Committee Action was not required. Mr. Neil emphasized the importance of the Dover/Kent County Metropolitan Planning Organization (MPO) taking a serious look at the traffic and infrastructure issues concerning the entrance from Leipsic Road off Route 13, extending through Persimmon Tree Lane, and down to Route 9. He raised the concern due to the new apartments being constructed at the corner of Leipsic Road and Route 13. Mr. Neil emphasized the importance of maintaining the efficiency of the current system, which is built on the expertise of its people rather than its buildings or infrastructure. He believes this is essential to Dover's continued success in attracting and hosting major events, which provide significant value to the city.

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 24, 2024 PAGE 2 Responding to Mr. Lewis, Ms. Sass acknowledged that concerns were raised during their briefing regarding the use of certain drugs and the resulting behaviors. She emphasized that one of the key preventative measures for mitigating hazards was controlling and limiting the number of drugs that are entering the community. Ms. Sass noted that the Dover Police Department had already taken steps in this regard to address the issue effectively. Responding to Mr. Anderson, Ms. Sass stated that the estimated attendance for each day was roughly 32,000 people. Mayor Christiansen wanted to thank everyone who was involved in making Phish a success. He highlighted how the events hosted by Dover Motor Speedway have contributed to the city’s growth, bringing in significant revenues and attracting visitors who get to experience the beauty of Dover. Responding to Mr. Neil, Mayor Christiansen acknowledged his concerns regarding the implementation of a fire lien to facilitate easier exits for residents in his community and along Persimmon Tree Lane, allowing them to avoid the detour through Route 13. He assured Mr. Neil that the Dover/Kent County Metropolitan Planning Organization (MPO) would be conducting a study to address the traffic conditions, which would include Leipsic Road and Persimmon Tree Lane. The goal of the study is to improve the egress and access the way it should be. Responding to Dr. Jackson, Ms. Sass stated that she did not have the revenue numbers. She had spoken with a few people, as far as hotels, and they did not have a ballpark figure yet to be able to determine the revenue that was brought to the city. Mr. Boggerty moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 6:27 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Neil presiding. Adoption of Agenda Mr. Rocha moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. Evaluation of Bids – Electric System Study (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the Electric System Study. Staff recommended awarding the contract to Kinectrics AES. Responding to Mr. Lewis, Mr. Waddell stated that the city had not used the company Kinectrics AES.

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 24, 2024 PAGE 3 Responding to Mr. Lewis, Mr. Waddell stated that they have reached out to other municipalities. They were timely with their communication and accurate with their deliverables. He noted that when he reached out to the municipalities, one municipality that he reached out to was Sacramento Municipal Utility. They are one of the largest municipalities in the country and they have put the company Kinectrics AES on a five (5) year program. Responding to Mr. Lewis, Mr. Waddell stated that the references that he reached out to were provided by the company, there were no references for the State of Delaware. Responding to Mr. Lewis, Mr. Waddell stated that the company has been utilized in other states, such as Maryland and Illinois, but not for the State of Delaware. Responding to Mr. Lewis, Mr. Waddell stated that if they were unable to provide the models and information, they would need to come to Delaware to perform the work. He explained that much of the work could be done remotely from their office using modeling software. However, if in- person data collection is required, they would make arrangements to visit the city to gather the necessary information. Mr. Hare moved to recommend accepting the staff recommendation. The motion was seconded by Mr. Rocha and unanimously carried. Mr. Neil moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 6:33 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. Discussion – Recreational Marijuana Land Uses, Related Zoning Regulations, and Review of the Marijuana Regulations Survey (David S. Hugg, III, City Manager and Ann Marie Townshend, Rossi Group) Mr. David Hugg, III, City Manager, and Ms. Ann Marie Townshend, Rossi Group reviewed the Recreational Marijuana Land Uses, Related Zoning Regulations, and Review of the Marijuana Regulations Survey. Committee Action was not required. Responding to Mr. Boggerty, Ms. Townshend believed that they were not phasing out medical facilities. She indicated that the expectation is for all facilities to apply for a recreational license, as the demand for recreational marijuana might lead to a few individuals visiting strictly medical facilities. Ms. Townshend noted that medical marijuana is not subject to the 15% tax, making it less expensive for those with a medical card. Additionally, individuals under 21 with a medical

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 24, 2024 PAGE 4 card would still be unable to purchase recreational marijuana, highlighting the necessity of maintaining the medical program. She mentioned that the issue has been referred to the office of the Marijuana Commissioner for further consideration. Responding to Mr. Boggerty, Ms. Townshend explained that there are multiple ways to manage the number of marijuana retail stores. The current draft ordinance stipulates that recreational retail stores must be at least a mile apart from one another. She clarified that this approach is intended to allow for a natural cap on the number of stores. She acknowledged that a specific number of marijuana stores could be established but expressed concern about the practicality of this approach. For example, if there are three stores and four applicants seeking licenses, how would the city differentiate between them? This is why she favors a natural capping method while emphasizing that the final decision ultimately rests with the city. Mr. Hugg stated that the state will issue only 30 recreational marijuana retail licenses, meaning the process will involve a lottery. This significantly limits the likelihood of any one area having more than a couple of stores. He noted that Kent County has essentially allowed businesses to operate anywhere, which could lead to marijuana retail locations in various places, such as Rodney Village, Cheswold, or along Route 8. He explained that if a business won the lottery and was allowed to proceed, they could potentially establish one of the retail locations within the City of Dover, but outside the city limits. Mr. Hugg also mentioned that it would be feasible to set up a cap of one or two marijuana stores, acknowledging that while there might be a chance of not receiving any licenses, it is unlikely that any location would have more than one or two stores. Responding to Mr. Rocha, Ms. Townshend clarified that when imposing distance requirements, the measurements would be taken as the “crow flies.” She explained that the current draft of the ordinance specifies that the distance for marijuana facilities would be measured from the building footprint of the facility itself. However, for schools, the buffer distance would be calculated from the parcel boundary of the school, rather than from the building footprint. Responding to Mr. Rocha, Ms. Townshend noted that the distance from the school’s parcel boundary did not meet the 500-foot requirement, raising concerns about proximity to residential areas. She pointed out that the R-20 zoning district is adjacent to the shopping center to the south and a daycare as well. The draft amendment includes an exemption from the distancing requirement for a conversion license. Responding to Mr. Rocha, Ms. Townshend explained that the ordinance already stipulates that odors from cultivation must be non-detectable from outside the building. She noted that odor was one of the big concerns that came from the survey. However, she acknowledged that they cannot control the smell of someone smoking marijuana outside on their back porch. The ordinance requires all marijuana cultivation facilities to install the odor control technology necessary to ensure that no odor from cannabis products can be detected outside the building, on adjacent properties, in public rights of way, or within any other unit located in the same building. She clarified that while the ordinance sets the standard, it does not specify the technology required to achieve it. The language was adapted from regulations in a neighboring jurisdiction in Maryland that has experienced issues with odor control.

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 24, 2024 PAGE 5 Mr. Lewis noted that the state statute regarding odor and filtering is very stringent and suggested that Ms. Townshend consider including those requirements in the city ordinance. He estimated that the cost of proper ventilation could be around $100,000. Responding to Mr. Lewis, Ms. Townshend acknowledged his point, agreeing that having the requirements in the city ordinance would empower code enforcement staff to enforce them directly, rather than having to refer to state regulations. She pointed out that referring issues to the state can sometimes delay enforcement. Ms. Townshend emphasized that having city regulations in place can complement state regulations, ensuring a more efficient enforcement process. Mr. Hare commented that he would not oppose the issuance of a retail license if it were obtained, but he emphasized the urgency of making a decision due to the costs associated with applying for a retail license, which he noted is non-refundable. He expressed his belief that it is unfair to require individuals to apply without a clear decision in place. Furthermore, Mr. Hare stated that he does not support having a retail marijuana business in the Downtown Dover Business District. Responding to Mr. Anderson, Ms. Townshend explained that Amendment #2 was specifically written to accommodate existing organizations. She clarified that a date of January 1st was included in the draft ordinance to ensure that any businesses trying to be grandfathered in would have a clear cut-off date. She noted that Best Buds is the only facility that has been operational prior to January 1st. Responding to Mr. Anderson, Mr. Osika stated that he was not aware of any complaints from Best Buds. He is unsure on the code enforcement side, but he has not heard anything. Responding to Mr. Anderson, Mr. Hugg stated that his office has not heard of any regarding Best Buds. Responding to Mr. Anderson, Ms. Townshend stated that the state office of the Marijuana Commissioner has not had any issues with Best Buds. She noted that keeping the license is strictly regulated. Mr. Anderson made a motion to adopt the draft Amendment #2 into the draft ordinance. Responding to Mr. Anderson, Mr. Rocha stated that they did not need to take action tonight considering that Dr. Sudler, Ms. Arndt, and Dr. Pillsbury were not present. He does not feel comfortable with taking action. Responding to Mr. Rocha, Mr. Anderson stated that he would like to move forward to include the draft Amendment #2 to provide certainty for the business. He clarified that he would not be moving forward to release the ordinance at this time. Mr. Anderson made a motion to incorporate the language of draft Amendment #2 into the draft ordinance. The motion was seconded by Mr. Lewis and unanimously carried.

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 24, 2024 PAGE 6 Responding to Mr. Garfinkel, Ms. Townshend explained that Best Buds and other marijuana businesses do not enter the Federal Reserve System to conduct their operations. She highlighted two key points: the business operates largely in cash, and the state has passed a statute allowing local banks, which are not under federal oversight, to provide banking services to these businesses. Responding to Mr. Hugg, Mr. Garfinkel stated that changing marijuana’s classification from Level 1 to Level 3 would require an act of Congress, which would enable its use within the Federal Banking System. Mr. Hugg noted that, to his understanding, there is legislation pending aimed at decriminalizing marijuana, which is why the industry currently operates as an all-cash business with no ability to process credit card transactions. Responding to Mr. Garfinkel, Ms. Townshend explained that the stringent security regulations are partly due to state requirements, which impose strict rules on tracking every piece of product. She emphasized that the security measures also minimize risk, noting that Best Buds has cameras installed both inside and outside the facility. No one can be in any part of the facility without being monitored by the cameras. Mr. Garfinkel is concerned more with money laundering than about robberies. Mr. Erik Czerwinski, 34 Maple Lane, is concerned about the unintended consequences of marijuana legalization and its sale, particularly highlighting issues along Route 13. He links the increased crime, drug usage, and homelessness in the area to the presence of marijuana shops. He stated that discussions had taken place regarding tax revenue and the advantages of maintaining the current approach, as all the revenue being generated was directed toward law enforcement and drug prevention efforts. Additionally, Mr. Czerwinski brought up the impact of marijuana on the black market, which he claims has grown due to the high cost and taxes on legal marijuana. He raises concerns that black market marijuana is cheaper and potentially more dangerous, as it may be laced with fentanyl. He also highlights the effect on local retail stores, particularly big box stores that are reluctant to operate near marijuana stores. Mr. Czerwinski encouraged a ban on marijuana in the city, pointing out that other towns in Delaware have already done so. He also criticized the reduction in distance requirements between marijuana dispensaries and schools or residential areas, arguing that this would imply the city is not an appropriate location for marijuana sales. Ms. Cindy Christiansen, 714 Carol Street, would like to know the negatives since they are always hearing about the positives of marijuana. Ms. Christiansen expressed frustration that the presentation from the Rossi Group failed to highlight any negatives, especially when tax money was spent on such a study. It seemed to focus solely on the positives of marijuana sales. She emphasized her frustration with allowing corporations to openly sell marijuana near sensitive locations, such as daycares and schools, like Town Pointe Elementary, regardless of whether the legal distance is 500 or 1,000 feet. She feels that even these distances are too close. As a resident of Dover, Ms. Christiansen was concerned about the image the city presents particularly as it aims to attract tourists and businesses. She highlighted that other nearby towns, such as Dewey Beach, Rehoboth, Millsboro, and Fenwick have rejected marijuana sales because the community does not want it. Ms. Christiansen noted that the absence of any negative findings in the Rossi Group’s presentation is troubling, especially given the time and resources dedicated to its development.

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 24, 2024 PAGE 7 Mr. Aaron Epstein, 516 Jeff Avenue, Chief Operating Officer of CannTech Research, operating as Best Buds, expressed concerns regarding the future of the business in Dover. Best Buds has been a provider of medical cannabis for residents and patients, serving about 2,500 individuals over the past two years. Mr. Epstein highlighted the potential threat to the business if they are not grandfathered in under new regulations, which would allow them to continue operating. Without this allowance, they could face closure, as their current operations are not sustainable as a medical- only facility, incurring significant financial loss. Best Buds prides itself on being one of the only two unionized cannabis shops in the state, offering staff members benefits, livable wages, and paid time off. Additionally, they have had no incidents of diversion or violence at their facility, a fact confirmed by the local police, who reported no notable issues at the site. Their comprehensive security measures, based largely on their hiring practices, contribute to this success. Mr. Epstein argued that the ban on cannabis would penalize those who lack transportation and rely on local access to cannabis products. He emphasized that the legalization of cannabis in Delaware was, in part, to address racial disparities and that prohibition disproportionately affects disadvantaged communities. He clarified that 50% of their sales are conducted by debit, with the other half in cash, as credit card companies are prohibited from processing cannabis transactions. He explained that they are in regulatory limbo, having applied for a conversion license that hinges on the city’s zoning approval. Without this approval, they are unable to move forward. Mr. Epstein urged the city council not to ban cannabis sales, as doing so would undermine the very communities the law was intended to help. Ms. Jean Dowding, 73 Greentree Lane, expressed concerns about the potential presence of marijuana businesses in Downtown Dover, particularly near small businesses. Representing these businesses, Ms. Dowding emphasized the importance of buffer zones and urged the council to reconsider allowing recreational marijuana sales in the downtown area. The survey indicated that a majority of people supported the establishment of buffer zones to keep marijuana businesses away from certain areas. Ms. Dowding pointed out that recreational marijuana is still new to the community, and there may be challenges ahead. One of her concerns is the difficulty small business owners may face in determining whether their employees are under the influence after lunch breaks. She urged the council to avoid placing marijuana businesses near sensitive areas like daycare centers and schools, as highlighted by the survey results. Sale and Disposition of Excess Real Property – 423 Collins Drive (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the sale and disposition of 423 Collins Drive. Staff recommended approving the sale/donation to Central Delaware Habitat for Humanity. Responding to Mr. Rocha, Mr. Hugg stated that there was a decision from council, but his recommendation was to recover from Habitat for Humanity the $19,000 that they originally paid for and let them claim the rest of it as a donation. Responding to Mr. Neil, Mr. Hugg stated that there would be no more mowing and he would be saving money. The sale of the property would be $19,000 and it would return to the tax rolls. It would be a taxable property.

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 24, 2024 PAGE 8 Mr. Neil moved to recommend accepting the staff recommendation. The motion was seconded by Mr. Hare. Responding to Mr. Lewis, Mr. Hugg stated there are no liens and the property is appraised at $39,200. Responding to Mr. Lewis, Mr. Hugg stated that there is $19,000 in the property and has been maintaining the property since it was bought in 2014. One estimate that he received was that it would cost them $1,700 for mowing and maintenance of the property. Responding to Mr. Lewis, Mr. Hugg stated he was not aware of any parcels that were donated to Habitat for Humanity within the past year. He noted that they have made donations to Habitat for Humanity, but he was not sure specifically when or where. Responding to Mr. Garfinkel, Mr. Hugg stated that Habitat for Humanity made an offer for $24,000 and he recommended that they recoup the original capital investment that was made. Habitat for Humanity did not ask for a discount. It was council’s decision to decide to accept the $19,000 offer. Mr. Garfinkel believed that the taxpayers would want them to accept the higher offer. He does not understand why they are doing counteroffers when there is no counteroffer. Mr. Garfinkel is unsure of what the process would be, but he would like to see the amendment changed so it would be $24,000. Mr. Neil explained that the transformation of the city is largely due to the efforts of Habitat for Humanity. Habitat for Humanity has been significant, particularly in fostering equity and arranging loans to help people become homeowners. He emphasized that the small financial investment required is far less important than having someone who genuinely cares about the property, rather than being sold to someone who would simply rent it out. He believes one of the city’s challenges is the lack of property owners who live within the city and have a personal stake in the well-being of their homes and neighborhoods. The financial amount involved in the process is minimal compared to the benefits of having a dedicated homeowner, who will care for the property and community, rather than seeing it as a business opportunity for renting. Mr. Neil shared that he regularly attends meetings and welcomes new families moving into the Fourth District, and occasionally in other areas. He supports the lower amount for the property, arguing that it is a small difference compared to the value of having individuals who will care for the safety and upkeep of their homes and communities. Mr. Hare stated that he agreed with Mr. Neil. If it was a contractor trying to buy the property to build, maybe then they should hold out and get more money. He explained that Habitat for Humanity is a good organization that does good for people in need and helps people who can get affordable housing. Mr. Garfinkle stated that he does not understand why they are always bidding against themselves and giving things away when they do not have to.

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 24, 2024 PAGE 9 Mr. Garfinkel moved to amend the motion to sell the property for $24,000. The motion was seconded by Mr. Anderson and carried by a roll call vote of seven (7) yes (Boggerty, Rocha, Lewis, Anderson, Shevock, Garfinkel), two (2) no (Hare and Neil), and three (3) absent (Pillsbury, Arndt, Sudler). Sale and Disposition of Excess Real Property – Adjacent to 600 Forest Street – Parcel ID: ED-05-076.12-02-75.00 (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the sale and disposition of 600 Forest Street. Staff recommended approving the sale of surplus to the adjacent property owner. Mr. Hare moved to recommend accepting the staff recommendation for the sale of 600 Forest Street for the amount of $54,600. The motion was seconded by Mr. Lewis and unanimously carried. Discussion – Update on the State Pension (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the update on the State Pension. Committee Action was not required. Responding to Mr. Shevock, Mr. Hugg stated that they honestly do not know the exact number of people wanting to participate. There are about 200 employees outside of the Police Department, including those already in the city’s existing pension plan and others in the 401(k) and 457 plans. He estimated there are around 100 or so who might potentially be interested in joining the state plan. One factor that complicates this is its longstanding proposal that the city does not buy back employees' previous service time. However, there are options available where new participants could choose to buy in some of their time themselves. They need to ensure that employees fully understand these options before making any decisions, so gathering more information and clarifying these choices is essential. Mr. Hugg stated that if an employee is in the existing city pension plan, they are not eligible to join the state pension plan. However, if they are in one of the Roth-based plans, such as the 401(a) or 457 plans, they may or may not be eligible. For employees in the Police or Fire Department, they are already covered by the state's public safety pension plan. So, when the city breaks it down, that leaves them with around 109 eligible employees, as 77 are not eligible. Most of those who are not in the police plan are in the Mission Square 457 plan, and there are also significant numbers in the 401(a) plan. Employees in these plans could continue with them if they joined the state pension plan, but the city would no longer provide the matching contribution. That is why it is crucial they clearly explain all of this and gauge employees' interest before moving forward. Responding to Mr. Hugg, Mr. Hare stated that it has been a long time, and his position is that they need to take action. Assign someone to this and have an answer within 30 days. If employees want to join the plan, they should either allow them to do so this week or send out a notice to all employees

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 24, 2024 PAGE 10 stating that if they do not hear from them within two weeks, they will not be enrolled. They need to do something because it is not fair to those who want to join the plan but are not being given the opportunity Responding to Mr. Hare, Mr. Hugg stated that he agrees with the idea, but he does think that they need more public education on what the plan entails. Responding to Mr. Hugg, Mr. Hare stated that they have had a year to get public education. Responding to Mr. Hare, Mr. Hugg stated that they have not received it yet. Responding to Mr. Hugg, Mr. Hare stated that they should take action and have an updated report within 30 days so they can move forward. It is simply not fair to the employees to keep delaying this. Mr. Hare noted that if Mr. Hugg does not want to do it, then they should find someone who will. Responding to Mr. Hugg, Mr. Anderson stated that he believes that they need to start moving things forward while continuing the education process. They cannot afford to put everything on hold, as they have a deadline of January 1st, and the resolution needs to be completed before then. They need to ensure that they lay the groundwork that Ms. Poole has outlined. He explained that they had asked all three unions if their employees were interested in the plan, and all had confirmed their interest. Two of them even stated it was a top priority. So, assuming the unions represent their members accurately, he believes that they have enough support to move forward. He agrees with Mr. Hare that they should have a clear picture within 30 days. They must provide proper education since people have legitimate questions. The key factor in whether employees join or not will likely depend on whether they can buy in their previous service time. For example, someone who has worked for 20 years and can buy in time to retire in five years will want to know if that option is available. This has been a major concern among employees, and it is something that they need to address. Furthermore, once this plan is in place, they will be able to advertise the pension in their recruitment efforts without adding future liability to the city. They will continue making the same contributions they already are to the 401(k) and 457 plans, and it could potentially be lower depending on employee choices. If, in 30 days, it turns out that employees change their minds once they see the details, let Council know. Council is not trying to force anyone into anything. However, once the plan is set, please ensure all legal aspects are airtight. They need to make sure that everyone has access to the right information and that no one can come back years from now, claiming they did not know or made the wrong decision. Send the information to employees’ emails, post it on the website, and ensure full transparency. Responding to Mr. Neil, Mr. Hugg stated that contacting union representatives and asking them to circulate this information would be his first step because they have much better contacts. Responding to Mr. Hugg, Mr. Neil suggested reaching out to those who are not represented by the unions also, so that they cover their basis. Responding to Mr. Hugg, Mayor Christiansen also recommends having someone from the city side, perhaps Human Resources, who can explain the benefits clearly, alongside the union leadership. While the unions understand the benefits, it is important to have someone who can provide a balanced

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 24, 2024 PAGE 11 view, explaining the pros, cons, and potential challenges of choosing certain pension plans. He believes that is crucial. Responding to Mayor Christiansen, Mr. Hugg stated that it is Human Resources' responsibility to ensure that they reach every employee and, as he mentioned, explain the benefits. A crucial part of the state pension plan involves the provisions related to eligibility, retirement age, and particularly the buy-in options. These are important criteria that need to be clearly communicated. Responding to Mr. Hugg, Mr. Hare emphasized that while he agrees Human Resources should be involved, he believes it is ultimately Mr. Hugg's responsibility to ensure it gets done. If Human Resources is unable to manage this, then it is Mr. Hugg's duty to find someone who can. Jason Osika, 160 Fawn Path Drive, City of Dover Fire Marshal, stated that first, he wanted to thank Council for considering this matter. He knows that they have been supportive, and Council President Anderson, has been particularly proactive regarding this pension issue. Mr. Osika understands how they feel; he is there representing his employees and others as well. This was supposed to be implemented back in January of this year, and here they are, approaching October. There is growing frustration among employees about the delays in getting this done. Mr. Osika stated that he had already noted that recruitment and retention are crucial. This issue is not just about the 199 eligible employees; it is about addressing the vacancies that the city currently has. A better pension plan is an important benefit to offer to potential applicants. Mr. Osika explained that the Fire Department was able to navigate this with a volunteer Fire Chief and has already integrated a new employee into this plan. He has just returned from the Delaware Volunteer Firefighter’s Association’s conference, where the State Pension Office made a complete presentation with three representatives explaining the Firefighter and Police pension options, as well as the 30-year pension with buy-in options. Mr. Osika acknowledges that there is still a lot of work to be done, but the process has dragged on, which is frustrating. One recommendation he has is that they could create an Excel document in about three days. If supervisors list their employees and indicate which plan they are in and whether they are interested, they could gather the necessary information quickly. The city needs to consider all new hires coming in as well. Responding to Mr. Rocha, Mr. Osika stated that he has a copy of the presentation from the conference and that he can provide it to the City Clerk’s Office, and they can send it out to everyone. Additionally, he will get them the contact information for the representative that Chief Carey used. It was a bit easier for him since he handled it for the Newark Fire Department, and he was able to work directly with that representative when the City of Dover hired the new employee in the fire department. This situation is a bit more complex, as existing employees will also want to participate, not just new hires. However, he can get that information to council. Ms. Kay Sass, Public Affairs Emergency Management representative and AFSCME president, wanted to clarify that the unions that she has spoken with are more than willing to assist. However, she does have a concern about distributing the PowerPoint that Jason has provided, which she also possesses. It includes information relevant to both the fire and police sides, and she believed this could be confusing for city staff. Ms. Sass recommends that they contact the State to obtain an updated

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 24, 2024 PAGE 12 version that removes any information not relevant to our city employees. This way, they can prevent any potential confusion, and she believes the necessary changes can be made quite easily. Phillip Williams, Customer Service expressed concerns on behalf of his team regarding the establishment of a state pension, which he believes would be highly beneficial. Having been with the city for nine years, he noted that a pension would serve as a significant incentive for him personally. He shared that the team is currently very frustrated and feels overworked due to being short-staffed, leading to a revolving door of employees. Mr. Williams believes that introducing a pension could help attract more candidates to their team. Over the past couple of years, they have experienced an unprecedented number of vacancies within the city. He emphasized the importance of considering the implementation of a state pension to retain current employees and bring in new talent, thereby alleviating the burden on those who are already in the workforce. Mr. Hare moved to have staff provide an updated report at the Council Committee of the Whole Meeting on October 29, 2024, during the Legislative Finance and Administration Committee session. This report should include information on the employees who have been contacted regarding their interest in joining the pension plan, detailing the number of employees who wish to participate and those who do not. The motion was seconded by Mr. Lewis and unanimously carried. Sole Vendor Purchase Approval for the VirTra Training System Chief Thomas Johnson, Chief of Police, reviewed the background and analysis regarding the sole vendor purchase approval for the VirTra Training System. Staff recommended approving the sole source vendor purchase for the VirTra Training System. Responding to Mr. Lewis, Chief Johnson explained that the majority of the funding for the VirTra Training System was provided by the State’s Grant in Aid Legislation. The remaining funds would come from the Special Law Enforcement Assistance Fund, and he was able to secure a grant over the summer to help cover costs. Chief Johnson emphasized that all the funding was fully covered by external sources, with no financial burden on the city. Mr. Hare moved to recommend accepting the staff recommendation. The motion was seconded by Mr. Neil and unanimously carried. Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 8:27 p.m. Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 8:27 p.m. David L. Anderson Council President