CCW Minutes and Attachments 1-2

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on October 15, 2024, at 6:00 p.m. with Council President Anderson presiding. Members of Council present were Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr. Lewis (arrived at 6:17 p.m.), Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Dr. Sudler. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Tholstrup, and Mr. Lewis (Parks, Recreation, and Community Enhancement), Mr. Wilson (Utility), Mr. Garfinkel, and Mr. Shevock (Legislative, Finance, and Administration). Mr. Iriowen (Utility) was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. Council Reports – September 2024 First District Dr. Pillsbury had no report to give as she was away attending her granddaughter’s wedding in Europe. Mr. Rocha reported that he responded to a constituent complaint in Bicentennial Village where their driveway backed up to the intersection. Therefore, the stop sign at the intersection is right in front of the house. By state law, a car cannot be parked within 30 feet of the stop sign, which meant they had to move their car back. The city unable to assist did go out and paint the curb back 30 feet in yellow to identify that it is a hazard. He also reported working with Mr. Boggerty to pick up nine hundred COVID-19 test kits to be handed out to daycare centers, homes, and at Senator’s Day. He also spoke with the Dover Colonial Rotary Club, updated them on the downtown Mosaic Plan, and listened to their concerns on their perception of the increased crime activity within the city. He participated in the opening of the Dover Interfaith Mission of Housing Women and Children's Center on Walker Road. He also met with the executive team for the Unsheltered Working Group to finalize the draft plan and PowerPoint presentation to be presented at the October 29, 2024, Legislative, Finance, and Administration Committee meeting. Lastly, he reported that he had been working with Housing and Urban Development to coordinate a federal resource fair for local agencies that work with the homeless that should be scheduled for November 13th at the Dover Christian Church. He stated he would circulate the flyer once it is received. Second District Mr. Hare reported that he and Mr. Lewis both attended the grand opening of the Dover Interfaith Mission of Housing Women and Children’s Center on Walker Road. He also reported that he received a complaint on Lynn Haven Drive of trees that were hanging over some wires and the neighbors were concerned. He explained that Ms. Duca had a team out there the same day and the neighbors were very happy. Mr. Lewis reported that he attended the Delaware State University Homecoming Parade and the grand opening of the Dover Interfaith Mission of Housing Women and Children’s Center on Walker Road. He also stated that on October 27, 2024, he will be assisting with a community

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 2 cleanup held by the Fairy Godsisters of Delaware State University. He stated he would also be coordinating with them to do a cleanup in some neighborhoods in the second district. Third District Mr. Neil reported that he attended a Construction and Property Maintenance Code Board of Appeals meeting on September 11, 2024, a Council President Agenda meeting, and the meeting with Senator Tom Carper at the Garrison Track as a farewell to things he had a hand in taking care of. He also attended the Delaware Municipal Electric Corporation dinner, interviews for a Finance Director, council meetings, and Downtown Dover Partnership meetings. He also attended the Dover Police Department promotions and awards ceremony on September 9, 2024. On October 7, 2024, he attended the Legislative Task Force on Housing. He attended a Zoom meeting that was from the White House regarding the announcement of the lead pipe removal program. He also attended the grand opening of the Dover Interfaith Mission of Housing Women and Children’s Center on Walker Road. He sent out a third district alert on the Know Before Scams regarding emergency relief for hurricanes. He met with a constituent who was cited for parking big gaming buses for kids in Patriot Village. He reported that he spoke with a constituent from East Lake who felt she was being treated unfairly with the new stormwater charge. He explained that an Enterprise Fund was created rather than increasing the tax rate, which would have been much higher. He continued exchanges with constituent complaints on a rental property at 307 North Governors Ave. He also received a complaint for the lack of lighting at a spot on Townsend Boulevard after lines were buried in the area. He assisted a Wild Meadows resident, who had a disability, in securing a mailbox at their door instead of using a community mail site. He passed on thanks to staff from a constituent concerning the new pavement on Bradford and State Street. He also addressed a constituent concern about how far north cameras would go as a part of the Downtown Master Plan. Ms. Arndt had nothing additional to add. Fourth District Dr. Sudler reported that he participated on September 29, 2024, in a fish fry to benefit veterans at the Delaware Veterans Post 2 located on Pear Street. He met with Bishop Lott to discuss some of the loitering and litter issues that are happening in the community and the possibility of conducting a community welfare day. He met with Pastor Lomax to discuss the ongoing issues regarding individuals loitering on New Street in front of her church. He also met with Ms. Haith who resides on Conwell Street to discuss the overgrowth of trees that are impeding the electric wires leading to her home. He attended the mayor’s town hall and met with Ms. Kim Adams to discuss her concerns about being a merchant and their safety. Mr. Anderson reported that they have an overlap of concerns and Dr. Sudler covered them well. He reported that there have been a number of complaints regarding loitering and prostitution. He has had some constituents express interest in a parking permit for handicapped parking. The information is collected for the individual who is requesting the parking, but anybody can park there and the people that it is intended for cannot use it. They feel it would be better to have dedicated parking and pay a permit fee. He reported that they held a town hall meeting which had some positive feedback. One of the concerns from that meeting was trash on Reese Street adjacent to Simon Circle. The city is putting up no dumping signs and code enforcement has been out there a few times. Another concern was speeding on Slaughter Street, the radar sign was not working

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 3 properly so that is in the process of being fixed. Police presence is being increased on Bertrand Drive and Lincoln Street where there have been some issues. At-Large Mr. Boggerty reported that they met with interested individuals at Union Baptist and discussed one of the plans. A temporary name is “Beautify the Capital City Campaign”. The goal is to incentivize individuals and organizations to help clean up the city. He reported that he attended the Senator Carper event, the Dover Interfaith grand opening, and the Delaware Tech ribbon cutting. He reported he has been working with Group Violence Intervention (GVI) and that he received a request from a 55+ community asking how they can assist in resolving some of the youth violence. He spoke to GVI and is trying to connect the two to possibly start a grandparent mentoring program. He reported that he attended the League of Local Governments dinner and challenged the Council President to get them the nice name badges like the other municipalities. He worked with a constituent to resolve a tree issue and met with a business in Wilmington that is interested in moving to Dover. He also stated that he feels like his integrity has been in question for doing his job. He attempted to work with Pastor Lomax for some months. He spoke with the presiding bishop who mentioned that they were thinking about selling. He suggested that they do not sell the business because of all the investments that are going on downtown. The property is of great value. He explained that if he was in his old business world and if it was not a conflict of interest, he would have purchased the property. He stated that he received a text accusing him of attacking the church for his own personal interest, but he has no interest in purchasing that church. He explained that he was encouraging them to do the work, and he has emails to support that. He stated that he told Pastor Lomax to speak with Ms. Rita Paige, Ms. Tracy Palmer, and Bishop Boggerty to show that the community would get behind them. He also suggested that she speak to Harold Stafford to help with the energy efficiency of the building. He stated that his words were twisted, and he has been accused of attacking the church to purchase the building. The church would not fit his church’s needs as the church is growing and he has other interests. He stated that he wanted to help move the needle forward so that the church could become a viable part of the neighborhood, and to do anything he could to help address their issues. He explained that he even tried to address their lien issue when they found out they had a lien on the property. He stated that if the harassment continues, he will be forced to take the appropriate action. Council President Anderson Council President Anderson reported that to better serve the community it is crucial to have access to information in real time. He thanked the City Clerk’s Office for helping develop a council resource page in Teams, that all of council will have access to as a resource. He reminded council that it is not a communication tool because then it would be open to the Freedom of Information Act. He explained that council will be able to pull reports, the budget, and pending ordinances without having to go into the packets. He also reported that Ms. Duca is working on phase two of a project that will help with constituent issues and links to the Geographical Information System (GIS) to allow council to track constituent issues or what type of work is being done on a specific street. Discussion – Dream Association and Field of Dreams Football Program within the City of Dover (La Mar Gunn, Dream Association Founder) Mr. La Mar Gunn, Dream Association Founder, reviewed a letter addressed to the City of Dover, Council Committee of the Whole Meeting (Attachment #1).

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 4 This item was informational, and committee action was not required. Mr. Gunn asked how do kids from New Street or Queen Street realize Dr. King’s dream. He explained that through positive programming that allows opportunities to grow. He stated that he would like to encourage the city to join into a partnership or investment with the Dream Association. Mr. Gunn explained that in one of the first pictures on the screen, the kids are wearing DRIP T- shirts. He explained that he spun one of the famous sayings among school kids into something from a financial literacy standpoint. In their Camp Wall Street program, DRIP stands for the Dividend Reinvestment Program (Attachment #2). Through the football program, they are teaching the kids to not only wear Nike but also to own Nike. All of the kids have investment accounts and attend shareholder meetings. Mr. Gunn explained in order to change the game of football and better support the community he has invested in computers for the helmets that track every single tackle. He invested in 150 helmets with monitors so that if anything happens on the field that is high impact the sensor buzzes. The data tells him where he can better teach a child to keep their head out of the tackle to avoid chronic traumatic encephalopathy (CTE) which benefits them long term. His goal is to track kids from age six all the way up to Dover High School. Mr. Gunn stated that activities for kids after school are crucial, however, many teams around town are using car lights and flashlights. He explained that he has been fortunate enough to rent construction towers so the kids have lights, but he would like to put up stadium lights. He asked that council consider making a small investment in helping to support the youth in the Dover community. Dr. Sudler stated that he is committed and interested in seeing what he can do regarding assisting Mr. Gunn. He explained that there is a huge need, and it is very commendable what he is doing. He thanked Mr. Gunn for the amount of time, energy, and money that he has spent investing in the future generation. Responding to Ms. Arndt, Mr. Gunn stated that he is pursuing grant opportunities but between his business downtown, family, and work on the field, his time is limited, and he is not an expert in grants. Ms. Arndt stated that maybe they could schedule some time to sit down and discuss the details and see what kind of grant opportunities there might be that the city could help him with. Responding to Mr. Boggerty, Mr. Gunn noted that the average cost for a child to participate in football is approximately $750, while involvement in the cheer program averages around $1,500. He explained that ninety percent of the kids cannot afford the fees, so they try to fundraise and work on scholarships, or he will pay out of his own pocket. Responding to Mr. Rocha, Mr. Gunn stated that currently the Field of Dreams is located at 263 Lewis Drive, and that is where most of the sports activities are held. Crossroads Church houses the cheer program, but they are in the process of building their own facility. His office downtown

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 5 is where the homework sessions and Camp Wall Street are held. Also, they have a partnership with Delaware State University to use their training floor to teach the kids financial literacy. Mr. Rocha stated that he would like to join Ms. Arndt in the discussions of partnering together to figure out how they can help him. Mr. Gunn stated that next month, they are going to launch a before-practice homework session on Wednesday nights to help get the kids up to speed on reading and math because many of the kids across the state are underperforming in those areas. Mr. Neil recommended reaching out to the Philadelphia Eagles since Dover is their territory because the program fits into the NFL’s PLAY 60 program. He explained that the Eagles players have numerous community foundations and are contributing funds to help offset the significant expenses involved. Dr. Pillsbury stated that her questions were answered but she will do whatever she can to help. Public Comment Beverly Henry, 101 Babb Drive Apt 3401, Dover, clarified that Sojourners accepted drug addicts, alcoholics, and people finishing a jail sentence. They rehabilitated them and allowed them to stay until they were able to find homes, get their families back, or gain life skills to get back into society and function. She explained that she is willing to do the work, but she needs a contact person who can point her in the right direction. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairwoman Arndt presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. Introduction of the New Parks and Recreation Director – Roger Ridgeway Mr. Roger Ridgeway, Parks and Recreation Director, shared background information about himself. He stated that he had just completed his 11th year with the City of Dover. For the last six years, Mr. Ridgeway has been the Grounds Division Supervisor. He explained that he truly enjoys working for the city and has great colleagues. He has been involved in everything from purchasing to budgeting and has experience citywide. He stated that he looks forward to the challenge and thinks that it will be great. Mr. Ridgeway provided an update on the community building at Dover Park. He stated that they are actively painting, and the floor should be going in by the end of the week. The contractor is estimating that the project will be complete by the end of December. He stated that the splash pad tank had to be custom made so it was on backorder, however, it has arrived on site. The splash pad construction should start the following week. The playground equipment at Dover Park is on site,

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 6 and the plans are in the process of being finalized. The playground installation company stated that the installation should be completed by spring. The Schutte Park Skate Park plans are being finalized and should be going out to bid within the next few weeks. The DIY Skate Park concrete pad purchase order went out the previous week and the installers should be reaching out with a start date of when the concrete pad will be poured in the next few weeks. This item was informational, and committee action was not required. Responding to Mr. Anderson, Mr. Ridgeway stated that the plan is once both the Skate Park and the DIY Skate Park are complete, they will intertwine and connect. Responding to Mr. Rocha, Mr. Ridgeway stated that there are currently gates on all three parking lots at Schutte Park. The Pitts Center has a gate, and both stone parking lots have gates. The police department locks the gates at nighttime and staff unlocks them in the morning. Responding to Mr. Rocha, Mr. Ridgeway stated that there is no gate on Electric Avenue, only on the three parking lots. He explained that there must be access to the back for the Little League Park and the Dover Fire Department needs access in case of a fire. Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, hearing no objection the meeting adjourned at 6:59 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. Boggerty and unanimously carried. Update to the City of Dover Wastewater Master Plan (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water and Wastewater Director, reviewed the background of the City of Dover Wastewater Master Plan. Mr. Ryan K. Minnick, PE, of Verdantas, reviewed the 2024 Wastewater Master Plan Update. Staff recommended accepting the Wastewater Master Plan and utilizing it as a guide for the future of the wastewater utility. Responding to Dr. Sudler, Mr. Lyon stated that they have data from the last five years on how often they have to utilize the jet trucks to clean the pipes. The city’s pipes are flat, and when the pipes are flat, things settle. There could be some deposits down there that could cause a backup, which is the last thing anyone wants to hear. He stated that they have data that shows how often water is being used and they can dictate that if less water is being used, other areas which can be

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 7 done. Some things like restaurant areas need to be done more frequently because of grease and rag issues. He explained that they had already started the process of becoming more efficient with energy and time. Responding to Mr. Rocha, Mr. Lyon stated that there are county pipes that run through the city, through different pump stations that accept the flow from the north like Smyrna. The difference in ownership of the pipes is at the point where they interconnect into the county force main that takes the flow down to Frederica, that is where the city stops. Responding to Mr. Rocha, Mr. Lyon stated that the pump station by Del-One is a force main and is county-owned. Responding to Mr. Rocha, Mr. Lyon stated that the county is currently doing their own master plan, and they are taking the condition and materials into account. They have been doing repairs along Route 13 and Silver Lake Park. Mr. Sudler moved to recommend accepting the staff recommendation to accept the Wastewater Master Plan and utilize it as a guide for the future of the wastewater utility. The motion was seconded by Dr. Pillsbury and unanimously carried. Lead and Copper Rule Outreach Requirements (Jason Lyon, Water/Wastewater Director, and Kate Mills, Water Production Manager) Mr. Jason Lyon, Water and Wastewater Director, and Ms. Kate Mills, Water Production Manager, reviewed the background and analysis of the federally mandated Lead and Copper Rule requirements. This item was informational, and committee action was not required. Responding to Dr. Sudler, Ms. Mill stated that starting in 2027, they have to replace 10 percent of the service lines that need to be replaced, every year until 2037. She explained that their main focus is trying to get an accurate inventory and get the unknown number down before 2027. Responding to Dr. Sudler, Ms. Mills stated that the main thing she would ask is that council continues to ask their constituents to fill out the surveys if they have not. However, as far as the regulation coming out in 2027, there is no requirement for the customer to replace their portion of the service line, it is all on the water systems across the United States. If they begin replacing service lines in 2027, and they inform a customer that their line is required to be replaced, the customer can say they do not want to replace it, and that would be the end of it. There is no requirement on the customer's end to replace their portion. The city will continue to replace its portion of the lines, but there will not be a financial burden on the customer. Responding to Ms. Arndt, Ms. Mills stated they are working with the Office of Drinking Water to approve the predictive modeling like Ms. Arndt had suggested. Once they receive approval, they will choose specific locations for spot checks. Based on the materials found, they will update the inventory for the entire neighborhood.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 8 Responding to Mr. Anderson, Mr. Lyon stated that the Bipartisan Infrastructure Law funding will be ongoing for at least the next five years, and they specifically have earmarked money for the task. As a team, they are currently doing a water and wastewater rate study to take all of those things into consideration. He explained that all the information would be included in the next budget submission with a five-year outlay. He stated that they have to take into consideration if they are going to go that route that they account for prevailing wage and the cost of products. Having that funding would offset the cost and help the ratepayers, so they will have to juggle all those items to see what is more efficient. Responding to Mr. Anderson, Ms. Mills stated that with any federal funding, the more quickly you are ready to receive funding, the higher the chance that you get that funding. They are always looking for project-ready or groundbreaking projects. Therefore, the more information that can be collected to complete the inventory the better their project will be when they present it. She explained that they would like to be able to go in and say these are the exact locations that the city needs to replace the water services, and they would like to get grants to do these. Responding to Mr. Rocha, Ms. Mills stated that when the surveys are sent out, there are instructions on the back of the letter that explain that all the customer will need is a magnet and a key. If the magnet sticks, it is this type. If it does not stick, go to the next step and try to scrape that water service line with a key. If that does not work, or they are not sure, they can call the office directly. A staff member will go out to help identify what service line material they have. Responding to Mr. Anderson, Ms. Mills stated that there are several methods to complete the survey. Surveys can be returned by mail or email, and a QR code is available for online completion. Additionally, participants can visit the website to access the survey and fill it out online, or they can use the drop box located at customer service. Mr. Neil moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 7:39 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Garfinkel moved for adoption of the agenda, seconded by Mr. Shevock and unanimously carried. Discussion – Chapter 30 – Standards of Ethical Conduct and Ethics Commission (Nicholas H. Rodriguez, City Solicitor) Mr. Nicholas H. Rodriguez, City Solicitor, reviewed the background and analysis of Chapter 30 – Standards of Ethical Conduct and Ethics Commission. Committee recommended instructing staff to draft appropriate ordinance amendments to reform the Ethics Commission process.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 9 Responding to Dr. Sudler, Mr. Rodriguez stated that they would need to obtain approval from the State Commission and then if the approval is granted, the code could be amended. At the request of Dr. Sudler, Ms. Arielle Rivera, Assistant City Clerk, read into the record the current code and the proposed code revisions as follows: The current code reads that if the respondent is a city official, the commission may propose actions to the city council that are appropriate to the finding as specified in section 30-73(o). The proposed ordinance modification would be if the respondent is an appointed or elected city official, the commission will request professional assistance from a state agency to aid in the discharge of its duties to propose actions to the city council that are appropriate to the findings as specified in section 30-73(o), under ARTICLE III. ETHICS COMMISSION. Sec. 30-72. Powers and Duties. Also, (10). Request city agencies for assistance. To request appropriate city agencies to provide such professional assistance as it may require in the discharge of its duties. Dr. Sudler stated that he is in support of recommendation number two to alleviate the concerns of bias when it comes to council people or appointed or elected officials. Responding to Mr. Rocha, Ms. Andria Bennett, City Clerk, stated that when Mr. Rodriguez and she spoke, they agreed that if there were specifics that came in against elected officials or appointed, they would have to get permission from the State Commission. Mr. Rodriguez previously expressed his willingness to write a letter requesting that the State Commission have jurisdiction moving forward. If they agree, the ordinance and code can be amended accordingly. She explained that where Dr. Sudler mentioned professional assistance from a state agency, it would be the Public Integrity Commission. However, they would have to go to their board to get permission to allow the city to have that exception because the recommendation is not to take away the Ethics Commission altogether. It is so that there are no further issues as Dr. Sudler explained, questioning the integrity of the process when it comes to an appointed or elected official. If it met those criteria it would go to the Public Integrity Commission, but that would have to be decided by council so that Mr. Rodriguez could take action requesting that from their board. Responding to Ms. Arndt, Mr. Rodriguez stated that the decision would be up to the board and their seven members would vote and report their decision back to the city. Before any changes can be made to the code, they have to make their decision. Mr. Rodriguez wanted to emphasize that in his opinion the city should continue with the ordinance as written because if they were to eliminate the Ethics Commission, they would have to comply with the state code. Dr. Pillsbury recommended looking at the entire code before going to the state and asking them to make the change. She explained that many of the ordinances are outdated.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 10 Mayor Christiansen emphasized his agreement with Mr. Rodriguez to continue with the current code. He also agreed with Dr. Pillsbury that the code should be updated, and all decisions be handled in a timely manner. Mr. Anderson stated that he agreed with Dr. Pillsbury that the code needs to be updated, and the Ethics Commission had proposed some changes of their own. He recommended adding that if a complaint is filed there must be actual evidence, and it cannot be based on hearsay. He also recommended that the Ethics Commission should have its own attorney. If it is a city employee, member of council, or appointee, the City Solicitor is supposed to represent them. The City Solicitor is currently the Ethics Commission attorney so there needs to be a separation of the two. Dr. Sudler stated that his proposal should address all the concerns except for the process for handling a decision from the Public Integrity Commission if they took the role. One of the major benefits would be the alleviation of the pressure off the current commissioners. They are appointed by the mayor and confirmed by council. The perception from the community is that they may not get justice because they are interlocked with council. By asking the Public Integrity Commission to provide a ruling to the solicitor may benefit everyone. He also stated that he agreed with Mr. Anderson and there should be some type of true evidence. Responding to Dr. Pillsbury, Mr. Rocha stated that the Public Integrity Commission would not have to approve the ordinance. Council adopts the ordinance, but when it comes to a council person or appointee, they are being asked to handle the case versus the Ethics Commission. Responding to Dr. Pillsbury, Mr. Rodriguez stated that she is correct because if any changes have to be made, they should be done in one shot. It would be best to update the code, and they submit all the information at one time. Dr. Sudler recommended creating a committee and selecting a timeframe to get the proposed changes done. Ms. Arndt recommended taking the Ethics Commission members, a couple of members of council, the City Solicitor, and someone from the Public Integrity Commission, and holding a two-hour discussion to figure out where the changes can be made. Responding to Mr. Lewis, Ms. Rivera, and Ms. Bennett stated that the last revisions to the code were made in 2017. Mr. Anderson moved to recommend that a subcommittee be formed to review the Ethics Commission code, which is Chapter 30 of the city ordinance, which will have three members of council, two Ethics Commission members, Mr. Garfinkel, the city solicitor, and the mayor. The committee will come back with recommendations within ninety days. The motion was seconded by Dr. Sudler and unanimously carried.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 11 Recreational Marijuana Land Uses and Related Zoning Regulations (David S. Hugg, III, City Manager, Sharon Duca, Assistant City Manager, and Ann Marie Townshend, Rossi Group) Mr. David S. Hugg, III, City Manager, Ms. Sharon Duca, Assistant City Manager, and Ms. Ann Marie Townshend, Rossi Group, reviewed the proposed ordinance changes and the timeline. Staff recommended that city council provide directions to staff on their selected path forward to meet the proposed timetable. Responding to Dr. Pillsbury, Ms. Townshend stated that the language they used is the language that is specific to the zoning ordinance uses. The zoning ordinance has multiple levels for child daycares. Child daycare center is a center that is specifically in the zoning ordinance and the use of that terminology is compatible with other uses of terminology within the zoning ordinance. From the perspective of the Planning Office, they may have to do a zoning verification letter to say whether it is a permitted use or not, and they will rely on the definitions they have in the zoning ordinance. Responding to Dr. Pillsbury, Ms. Townshend stated that they obtained a list of substance abuse treatment facilities from the state. She explained that they could change the ordinance to read substance abuse disorder treatment facilities licensed by the State of Delaware, which would take away the ambiguity. Responding to Dr. Sudler, Ms. Townshend stated that ordinance 25A addresses prohibiting cultivation, manufacturing, and distance requirements in the downtown area. Responding to Dr. Sudler, Ms. Townshend stated that both 25A and 25B address the distance requirements. Responding to Dr. Sudler, Ms. Townshend read “The building footprint within which a marijuana cultivation facility is to be located, shall be at least 500 feet away from any residential zone, any private or public K through 12 school, hospital, college, university, child daycare center, or substance abuse disorder treatment facility”. Responding to Dr. Sudler, Ms. Townshend explained that the challenge with churches is the lack of a defined list. To enforce distancing requirements, a clear data set is necessary to assess distances, but there is no central registry of churches. Responding to Dr. Sudler, Ms. Townshend noted that while churches have public occupancy permits, they are classified as places of worship, which are not included in the categories for these permits. Since churches function as assemblies, there is no clear data set available. Responding to Dr. Sudler, Ms. Melson-Williams stated that churches are classified as places of public assembly and are referred to as such in most places of the zoning ordinance. They do not require a business license; it is a public occupancy license for a place of assembly. She explained that in the zoning and land use world, religious facilities should not be treated any differently than any other place of assembly, so over time, the code has transitioned into that. She stated that from a zoning perspective, there are a large number of churches in zones where the potential land use

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 12 categories are not being placed. Also, they find that many churches are on property that is zoned residential which already has a distancing requirement. She explained that a combination of factors may help achieve the necessary distancing from most of those types of facilities. Responding to Mr. Hare, Ms. Townshend stated that the Downtown Dover Business District is zoned C-2. At the last meeting, there were two potential draft amendments. One of them addressed the compassion center conversion licenses. The other dealt with downtown but there was no motion to move that forward. Currently, nothing has been incorporated into the ordinance that would allow any marijuana use in the downtown area. Retail would only be allowed in the C-4 zone, which is Route 13 and Bay Road. The manufacturing, cultivation, and testing would be limited to the Industrial Park Manufacturing (IPM) and manufacturing zones, and potentially cultivation in agricultural zones. Mayor Christiansen expressed concerns about places of worship not being included in the distancing requirements. He demanded that they be considered in future ordinance changes. He also recommended changing the distancing requirements from 500 feet to 750 feet. Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-24A. The motion was seconded by Ms. Arndt and unanimously carried. Responding to Dr. Sudler, Ms. Townshend stated that ordinance #2024-24A does not affect downtown, it simply sets up the business license fee structure and the definitions to correspond to the fees. It does not have anything to do with the permitted uses as those are under ordinances #2024-25A and 25B. Responding to Mr. Lewis, Ms. Townshend stated that the ordinances will move forward for the first reading and then they will move on to the Planning Commission before coming back. Responding to Mr. Lewis, Ms. Townshend stated that the language that was passed at the last meeting grandfathered in the current compassion center from a distancing perspective. Responding to Mr. Lewis, Ms. Townshend stated that as far as the retail part of it, it would allow a compassion center with a conversion license to comply with the zoning, but not require compliance with the distancing. Responding to Mr. Lewis, Ms. Townshend stated that they will not be issuing any additional compassion center licenses as of right now. Also, it reads that they had to have the license prior to January 1, 2024, to create a clear cutoff date. Responding to Mr. Garfinkel, Ms. Townshend stated that 24.2 in ordinance 25A would be for a new compassion center. From a practical standpoint, they will not be issuing new licenses, so it is possible that by the time the ordinance reaches final reading, that language could be struck. However, right now the state still has that in there. Technically under state law, they can issue licenses for compassion centers so that is memorializing the way they would have been handled in the past.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 13 Responding to Mr. Garfinkel, Ms. Townshend stated that only medical facilities, which by state law have not been phased out yet. However, the commissioner’s office has made it clear that the expectation is that it will be phased out. Not because the state is going to take clear action, but because there is not enough demand to support medical-only facilities once the recreational facilities are open, as long as the recreational facilities can serve the medical needs. They will no longer be necessary by the time retail centers open. Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-24B. The motion was seconded by Mr. Hare and unanimously carried. Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-25A. The motion was seconded by Mr. Hare and unanimously carried. Dr. Sudler moved to recommend changing the distancing requirement from 500 feet to 750 feet in Proposed Ordinance #2024-25A. Mr. Neil moved to reconsider the motion for the approval of the Proposed Ordinance #2024- 25A. The motion was seconded by Mr. Boggerty. Ms. Arndt stated that if they are going to move forward with the increased requirement, she would like a GIS mapping exercise done, as was done before. She explained that they initially looked at the maps to see where the uses would be in relation to the restrictions, so she would like to see the data and what it means in terms of the ordinance. Mr. Anderson stated that he is opposed to the 750-foot increase because when they looked at the GIS mapping it was determined that the 500 feet would be an effective ban. He explained that it would be the opposite of what people have told them in the surveys and a strong majority of the people want it to be a legal option in the city. Mayor Christiansen stated that the survey results were almost 50-50. He explained that it is the responsibility of council to make the changes to the ordinances that reflect the opinion of the constituents that elected them. He stated that he believes the distancing requirement should be moved to 750 feet. Dr. Sudler moved to recommend changing the distancing requirement from 500 feet to 750 feet in Proposed Ordinance #2024-25A. The motion was seconded by Mr. Hare and carried by a roll call vote of six (6) yes (Hare, Boggerty, Rocha, Sudler, Shevock, Garfinkel), and five no (Neil, Pillsbury, Arndt, Lewis, Anderson). Mr. Anderson moved to recommend approval of the Proposed Ordinance #2024-25A as amended with the addition of including licensed by the State of Delaware after substance abuse disorder. The motion was seconded by Mr. Hare and unanimously carried. Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-25B with the amendment to include licensed by the State of Delaware after substance abuse disorder. The motion was seconded by Mr. Hare and carried with Dr. Sudler and Mr. Rocha voting no.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 14 Responding to Dr. Sudler, Ms. Townshend stated that the distancing requirement is a mix. It is 500 feet from private or public K through 12 schools, child daycare centers, and substance abuse disorder treatment facilities and hospitals. It is 250 feet away from residential zones and from the lot line of any college or university. Again, the point of the effective ban at 500 feet away from all residential zones, colleges, and universities was because there was nowhere that it would be permitted. Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 9:14 p.m. Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 9:14 p.m. David L. Anderson Council President Attachments Attachment #1 - Letter addressed to the City of Dover, Council Committee of the Whole Attachment #2 - Student Photos from Mr. La Mar Gunn

ATTACHMENT #1 Council Committee of the Whole Meeting of 10/14/2024

ATTACHMENT #2 Council Committee of the Whole Meeting of 10/14/2024