Regular Council with Exhibit

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held by video conference on October 23, 2023, at 6:30 p.m. with Council President Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Sudler (via WebEx), and Mr. Lewis. Staff members present were Police Chief Johnson, Ms. Peddicord, Ms. Duca, Ms. Melson- Williams, Fire Chief David Carey (via WebEx), Mr. Rodriguez, and Ms. Rivera. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to the commencement of the Official Council Meeting. Council President Sudler declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. INVOCATION The invocation was given by Elder Ellis Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Lewis. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Lewis requested the removal of Item #15, Authorization to Apply for Staffing for Adequate Fire and Emergency Response (SAFER) Grant, from the consent agenda. Mr. Neil moved for adoption of the consent agenda as amended, seconded by Mr. Lewis, and carried by a unanimous roll call vote. PROCLAMATION – BREAST CANCER AWARENESS MONTH The City Clerk read the following Proclamation into the record: WHEREAS, in the United States, 1 in 8 women will be diagnosed with breast cancer in their lifetime. In 2023 an estimated 297,790 women will be diagnosed with invasive breast cancer. There are currently over 3.8 million breast cancer survivors in the United States. An estimated 43,170 women will die from breast cancer in 2023; and

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 2 WHEREAS, breast cancer is the most common cancer in women in the United States, aside from skin cancer. It is the second leading cause of death in women. Doctors seldom know why one woman develops cancer, and another does not, and most women who have breast cancer will never be able to pinpoint an exact cause. What we do know is that breast cancer is always caused by damage to a cell’s DNA; and WHEREAS, mammography can usually detect tumors before they can be felt, so screening is key for early detection, combined with breast self-examinations. If you find a lump, schedule an appointment with your doctor, but do not panic – 8 out of 10 lumps are not cancerous. It is important to remember all lumps should be investigated by a healthcare professional for additional peace of mind, call your doctor whenever there is concern. Healthcare professionals can review your health history and your family’s health history to understand your risk. If you have risk factors, your healthcare team might suggest other breast cancer screenings; and WHEREAS, we join hands with our mothers, daughters, sisters, and friends to renew our support for increased access to screenings and care, and we advance the innovative research that will usher in a new era in the fight against breast cancer. NOW, THEREFORE, I, Robin R. Christiansen., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 2023 as BREAST CANCER AWARENESS MONTH throughout the City of Dover and encourage all citizens to become educated on the importance of early detection methods. We support the fighters, admire the survivors, and honor those taken. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Dr. Pillsbury and Councilwoman Arndt. PRESENTATION – PROPOSED RESOLUTION NO. 2023-17 – CITY OF DOVER GOLD MEDALS – ZACHARY EVANS, MADISON KIBLER, JAXON MCCREARY, AND JOSHUA SADLER The City Clerk read the following Resolution into the record: WHEREAS, on May 5, 2023, officers were called to a motor vehicle accident in the area of Bay Road and Public Safety Boulevard. A pickup truck had crashed into the rear of a stopped SUV at a red light. The collision resulted in a total of four occupants being injured and one person in each vehicle being entrapped. The truck caught fire after the fuel tank ruptured; and WHEREAS, Mr. Zachary Evans, Ms. Madison Kibler, Mr. Jaxon McCreary, and Mr. Joshua Sadler stopped to assist prior to the arrival of first responders and, without regard for their safety, quickly jumped into action by aiding the injured persons involved in the crash, helping the entrapped person in the SUV that was struck, and pulling the driver from a burning vehicle on a poorly lit stretch of roadway with traffic still passing by, further adding to the risk they took; and WHEREAS, the Mayor and Council recognized that the swift actions of Mr. Zachary Evans, Ms. Madison Kibler, Mr. Jaxon McCreary, and Mr. Joshua Sadler without concern for their own personal safety deserve special recognition.

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 3 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council award Mr. Zachary Evans, Ms. Madison Kibler, Mr. Jaxon McCreary, and Mr. Joshua Sadler the City of Dover Gold Medal in recognition of their selfless actions and direct the City Clerk to make this resolution a part of the permanent records of the City of Dover. ADOPTED: OCTOBER 23, 2023 By motion of Mr. Neil, seconded by Mr. Rocha, Resolution No. 2023-17 was adopted by unanimous consent. Mayor Christiansen and Police Chief Johnson presented Zachary Evans, Madison Kibler, Jaxon McCreary, and Joshua Sadler with the Resolution and a City of Dover Gold Medal. Mayor Christiansen called for a point of personal privilege; he asked Attorney General Kathy Jennings, State of Delaware, to come forward to give the council some good news. Attorney General Jennings reviewed the presentation entitled "Public Safety – Crime Statistics” (Exhibit #1). PUBLIC HEARING/FINAL READING – PROPOSED ORDINANCE #2023-08 A public hearing was duly advertised for this time and place to consider approval of the proposed zoning text amendments to Appendix B – Zoning, Article 3 – District Regulations, Section 13 – Central Commercial Zone (C-2). Mr. Neil moved that the Final Reading of Proposed Ordinance #2023-08 be acknowledged by title only, seconded by Mr. Anderson, and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of September 11, 2023.) Ms. Dawn Melson-Williams, Principal Planner, advised that the amendment proposes to add the use of indoor recreation and amusement establishments as a permitted use to the commercial zone. Ms. Melson-Williams explained that because this is a text amendment proposed in the zoning ordinance, a public hearing and recommendation by the Planning Commission were required. The review occurred on October 16, 2023, at the Planning Commission meeting after it was heard by council on September 11, 2023, at the First Reading. The Planning Commission voted 7 to 0 to recommend adopting the text amendment and add indoor recreation and amusement establishments as a permitted use in the C2 zone. Council President Hare declared the hearing open. There being no one present wishing to speak during the public hearing, Council President Hare declared the hearing closed. Mr. Neil moved for the adoption of the ordinance, as recommended by the Planning Commission. The motion was seconded by Dr. Pillsbury, and unanimous roll call vote, Council adopted

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 4 Ordinance #2023-08, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Appendix B – Zoning, Article 3 Section 13 Central Commercial Zone (C-2) be amended to read as follows: APPENDIX B – ZONING ARTICLE 3 - DISTRICT REGULATIONS Section 13. Central commercial zone (C-2) 13.1 Uses permitted. In a central commercial zone (C-2), no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: (i) Indoor recreation and amusement establishments. ADOPTED: October 23, 2023 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 9, 2023 The Minutes of the Regular Council Meeting of October 9, 2023 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lewis and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT - OCTOBER 10, 2023 The Council Committee of the Whole met on October 10, 2023, at 6:00 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler. Mr. Lewis was absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Shevock (via WebEx), Ms. Smith (via WebEx) (Legislative, Finance, and Administration), and Mr. Tholstrup (Parks, Recreation, and Community Enhancement). Mr. Lewis (Parks, Recreation, and Community Enhancement) was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairwoman Arndt presiding.

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 5 Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. Review of Active Recreation Plan – Windward Ridge Apartments on West Denneys Road (Planning Reference Site Plan #S-23-19) (Mary Ellen Gray, Planning and Community Development Director) Ms. Dawn Melson-Williams, Principal Planner reviewed the background and analysis regarding the Active Recreation Plan for Windward Ridge Apartments on West Denneys Road. Staff recommended forwarding the item to the Planning Commission, with a recommendation of approval of the Active Recreation Area Plan for Site Plan Application (Reference #S-23-19 Windward Ridge Apartments) subject to review comments of the Recreation Plan Review Report. Responding to Mr. Rocha, Ms. Melson-Williams stated that West Denneys Road is a state-maintained road which means, how the project gains access to that road is subject to review by the Delaware Department of Transportation. The project will have to meet their requirements from the information provided. DelDOT has started the review of the site plan, and it qualifies for an area-wide study fee in lieu of having to do a full Traffic Impact Study. Ms. Melson-Williams stated that this means the project will have to meet the requirements for that entrance if they have to dedicate the right-of-way design to meet DelDOT standards. Responding to Mr. Sudler, Ms. Melson-Williams stated that as a part of the DelDOT review of the entrance, there are a number of divisions in DelDOT that look at the entrance design. However, the area-wide study fee is a payment into a program that allows for the money collected to be used for traffic studies and initiatives in the area. Ms. Melson-Williams also stated that it does not specifically focus on immediate safety concerns with the proposed entrance plan. Responding to Mr. Boggerty, Ms. Melson-Williams stated that the parking requirement is 2.25 parking spaces per dwelling unit, and for the proposed project site that equates to 675 parking spaces. Ms. Melson-Williams stated that the current design is proposing 724 parking spaces, including surface parking and a series of garage parking opportunities. Responding to Mr. Tholstrup, Ms. Melson-Williams stated that the trail has been identified as a mulch surface because it would run through what remains of the wooded areas. Ms. Melson-Williams also stated that the trail will be meandering around tree cover so that trees are not removed in order to build the path. Responding to Mr. Sudler, Ms. Arndt stated that DelDOT has a gateway app that has traffic count information. Ms. Arndt stated that she is unsure how up-to-date the information is, but that the information can be pulled up by the roadway and it will show the different traffic counts. Ms. Arndt stated that she has worked with DelDOT engineers and planners in her professional career. They review projects and analyze the trip generation to determine what level of vehicular use the site will

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 6 produce. Then they consider that information in their recommendations and the requirements for the traffic. Mr. Tholstrup stated that there are not a lot of amenities along West Denneys Road and while you may be able to bike or have active recreation within the community, getting into the city is potentially a hazard. Mr. Neil moved to recommend approval of the staff recommendation to forward to the Planning Commission for a recommendation of approval of the Active Recreation Area Plan for the Site Plan application. The motion was seconded by Mr. Anderson and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lewis and carried by a unanimous roll call vote. Mayor and Council Reports Council President Hare Council President Hare stated that he had nothing to report. First District Dr. Pillsbury reported that she attended the Hip-Hop event, which was great. Mr. Rocha reported that the First District will be holding a town hall meeting on November 2, 2023, at Maple Dale Country Club, from 6:30 p.m. until about 8:30 p.m. Second District Mr. Lewis was absent. Third District Mr. Neil reported that he met with Karen Speakman of NeighborGood Partners on housing issues. He requested that the City Clerk, Andria Bennett, send Ms. Speakman the list of the dangerous buildings that were recently ordered to be demolished. Mr. Neil also reported that he met with Senator Kyra Hoffner regarding the small houses down in Georgetown as Senator Hoffner is looking at land just outside of Dover proper. Mr. Neil stated that Senator Russell Huxtable will be at the Library on Wednesday, October 11, 2023, at 6:30 PM to discuss problems with housing and the cost of housing. Mr. Neil reported that Kings Cliffe has invited him back to see the changes that they made during their clean-up. Mr. Neil also stated that he has attended the DDP meetings, Kent County Tourism, Habitat events, a HUD renovation project, a police department graduation at Caesar Rodney High School, the employee barbecue at Schutte Park, the Delaware Arts Alliance breakfast, the International Art Council Forum at the Biggs Museum, and a ribbon cutting at 1147 South Governors Avenue. Mr. Neil also reported that he addressed constituent concerns regarding speeding in Towne Point, dogs barking in East Lake, and drainage and fence issues in Persimmon Park Place and Wild Meadows. Finally, Mr. Neil reported that he sent out two alerts on behalf of Councilwoman Arndt and himself regarding the 2023 Library Study as well as the

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 7 city grounds division doing arbor maintenance on Loockerman Street on October 15, 2023. Ms. Arndt reported that she attended an event hosted by the Delaware State Housing Authority, which covered a preview of the 2023 Statewide Housing Needs Assessment. Ms. Arndt stated it was a multi-year study of housing conditions and trends within the state. The findings are intended to inform housing agencies and local governments in developing housing policies and coordinating resources. Ms. Arndt stated that it was a statewide assessment but there is data specific to Dover, Wilmington, and Newark. Ms. Arndt also reported that there will be a C-2 code amendment workshop in council chambers on October 11, 2023, from 4:00 p.m. until 7:00 p.m., and she encourages everyone to take a look at the proposed revisions for the C-2 Central Commercial Zone. Fourth District Mr. Anderson reported that he had normal reports of mosquitoes in Woodcrest and a resident has requested to approach council on the matter. Mr. Anderson stated that he attended the Kent Economic Summit at DelTech, which covered how the city can adapt to the coming AI revolution. Mr. Anderson thanked Councilwoman Arndt and Representative Kerri Harris for helping get information to constituents about bus transportation, and relaying their concerns as DelDOT is trying to update. Mr. Anderson also reported that he was part of the DDP committee meetings to look at proposals for the old ACME building. Mr. Anderson also attended the police graduation and stated that it is a privilege to support people who are willing to stand up and support the community. Mr. Anderson also reported that he has received complaints about loose Pit Bulls running around in people’s yards and on the street. Mr. Sudler reported that he met with Tina Bradbury to review some new business owners’ concerns regarding the process of getting permits and applications filled out so that there is some clarity on the process. Mr. Sudler reported that he met with Councilman Anderson, Rocha, and Boggerty to discuss disparity studies done in Baltimore and to discuss how to bring those examples to the City of Dover to help the Capital. Mr. Sudler also reported that he is working with Mr. Gaddis as a liaison between council and the Dover Human Relations Commission, as well as, the State Division of Human and Civil Rights (formerly the State Human Relations Commission), and Ms. Doris Cooper to provide training to the commissioners. Mr. Sudler spoke with constituents in Woodcrest regarding their need for speed bumps, he attended the 50th Hip-hop Anniversary and worked with the owner of 2 Queen Street to make progress with getting her water on and getting her permits. Mr. Sudler also reported that he attended two community meetings that focused on constituent’s concerns regarding how the city administers its rules and regulations in code enforcement. Mr. Sudler stated that Councilman Anderson and himself are working on a Fourth District meeting. At-Large Mr. Boggerty reported that he participated in the modified Faith in Blue due to the inclement weather. Mr. Boggerty stated that he is working with a Delaware State University representative to organize a trip for their student government to visit City Council and see how the local government works. Mr. Boggerty reported that

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 8 he has been in contact with Pastor Lomax, and he has connected her with Mr. Stafford and the Lights on Program so that she can light up the area. Mr. Boggerty stated that he also connected Pastor Lomax with other city liaisons such as Reverend Rita Paige and others who have great knowledge of working within the city. Finally, Mr. Boggerty reported that he filled in for the Mayor at the IMA meeting, and he is working with a business on addressing how to make sure their signage meets the code requirements, and he attended the Delaware State University prayer breakfast. Mayor Christiansen Mayor Christiansen stated he would submit his report electronically. Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, hearing no objection the meeting adjourned at 6:34 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. N. Bradford Street – Street, Sidewalk, and Tree Plan (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the N. Bradford Street - Street, Sidewalk, and Tree Plan. Staff recommended authorizing staff to proceed with creating bid specifications as described after conducting an informational session with residents. Responding to Mr. Anderson, Mr. Lyon stated that the trees have roots that are also growing underneath the street bed, and if you take a normal milling machine to chop up the asphalt you cannot go over the roots because it would jeopardize the tree causing massive damage and liability. The extra $15,000 is for the handwork that is needed to work around those areas since the contractor could not use a machine. The estimate for the project was originally done in 2019 and the cost has increased over the last four years, as well as a five percent increase for the use of the pervious asphalt as compared to normal concrete. Responding to Mr. Sudler, Mr. Lyon stated that the City of Dover received bond bill money to do some downtown Dover improvements, which includes Loockerman Street from State Street to Forest Street by the Duncan Center, and that project is to upgrade the utilities, streets, and sidewalks. Mr. Lyon stated that if the Bradford Street project is pushed through, Loockerman Street could be an area that could be done as well, however, the proper funding must be acquired for that project as well as the design. Mr. Lyon stated that the sidewalk cannot be done

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 9 alone because there would have to be water service improvements, and sewer improvements as the project moves from the bottom up. Ms. Arndt recommended that in the future the city could have a tree inventory carried out, assess the tree’s health, a maintenance plan, and decide which trees may be older, and need to come down and be replaced. Responding to Ms. Arndt, Mr. Lyon stated that if the city has not driven a water line through the concrete or a sewer line then they will provide normal wear and tear fixes under the warranty for five years. Mr. Lyon also stated that when they were working with the consultant, they had reached out to the distributor and the product was available nearby. Mr. Neil recommended using Bradford Street as a pilot project to see how the cement works and then as improvements move forward, everyone will have a better idea of the product, an inventory of all the trees, and what must be done to the pavements for ADA compliance. Responding to Mayor Christiansen, Mr. Lyon stated that a public hearing will need to be scheduled, bidding takes three months from start to finish, so the project should be completed around spring of next year if the funding is found. John Grady, 424 North Bradford Street, Dover, expressed his gratitude for the plan to save the trees and to fix the curbs on Bradford Street. However, Mr. Grady expressed his concerns about the work being done on State Street and how it compares to the project slated for Bradford Street. Responding to Mr. Grady, Mr. Lyon stated that the North State Street project was a water main replacement project and it was taken from water funds. If water funds were used for the project to improve the street infrastructure, the sidewalks, the curb, and the rest of the road, it would not be financially prudent. Mr. Lyon also stated that North State Street is a state-owned road, and it was requested that only the pavement be done that was disturbed by the water main construction. Susan Yost, 11 Cecil Street, Dover, expressed her support for the proposed plan to address the trees on Bradford Street. Ms. Yost stated that she agrees with the plan to have a survey done of the current trees. Joan Denney, 350 North State Street, Dover, expressed her concerns with the lifted sidewalks on State Street and how they have become a fall hazard. Ms. Denney stated that many of the homes on State Street as well as Bradford Street do not have air conditioning and they depend on the shade from the trees. Ms. Denney also stated that due to reverberation from construction in front of her house, she had to replace an old pipe running through the home. Ms. Denney expressed that as those projects start, she hopes that everyone will be very careful because it is not just the trees, streets, and sidewalks that are old, but the plumbing in the homes as well.

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 10 Ms. Arndt moved to recommend authorizing staff to proceed with creating bid specifications and conducting an informational session with residents. The motion was seconded by Mr. Rocha and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote. Authorization to Apply for Staffing for Adequate Fire and Emergency Response (SAFER) Grant (Chief David Carey, Dover Fire Department) Mr. David Carey, Chief of the Dover Fire Department, reviewed the background and analysis regarding the Staffing for Adequate Fire and Emergency Response (SAFER) Grant. Staff recommended authorizing the Fire Chief to apply for the Staffing for Adequate Fire and Emergency Response (SAFER) Grant. Mr. Hare moved to recommend approval of the staff’s recommendation. The motion was seconded by Mr. Shevock and unanimously carried. (City Clerk’s Office Note: This item was removed from the Consent Agenda and will be reconsidered during the latter part of the meeting.) By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote. Discussion of Recommended Changes to the Procedure for Requesting a Legal Opinion (Council President Hare) Mr. William Hare, Council President, reviewed the background and analysis regarding the recommended changes to the procedure for Requesting a Legal Opinion. Committee action was not required. Mayor Christiansen stated that he concurs with Council President Hare that all legal opinions from city staff should go through the City Manager for approval before they are forwarded to the solicitor. Mayor Christiansen stated that the City Manager is the city’s Chief Operating Officer and that it is important for city staff to go through him, but that, as far as advice, staff needs to be able to call upon the city solicitor. Council President Hare stated that any legal opinion should go through the clerk’s office to make sure the same opinion has not already been obtained, whether it is council or anyone, it should not be assumed that they can get a legal opinion on their own. Mr. Sudler requested that Andria Bennett, City Clerk, read the policy so that there is a clear understanding of what the current policy states before any changes are considered. Mr. Sudler also stated that there is a difference between legal opinion and legal advice.

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 11 Andria Bennett, City Clerk, read the Procedure for Requesting a Legal Opinion (Attachment #1). Responding to Mr. Sudler, Ms. Bennett stated that the City Clerk’s office does not receive the bill as they are delivered to the City Manager’s office. Responding to Mr. Sudler, Mr. Hugg stated that the city is billed on an hourly basis, the billing includes the solicitor, deputy solicitor, paralegals, and others in the solicitor’s office. Mr. Hugg stated that the bill is itemized by the issue brought forward and that the current rate is about $270 an hour as the rate increased last year. Mr. Hugg also stated that as Mr. Sudler was trying to point out, a legal opinion is work that is done by an attorney when they look at case law and any underlying legislation. In terms of legal advice, Mr. Hugg stated that it is not unusual for him to pick up the phone and ask the solicitor to review a document, which may only take 15 minutes of his time. Mr. Hugg stated that for the operations of the City of Dover, they need the ability to determine if what they are looking for is a quick piece of advice from the solicitor. Mr. Hugg stated that he seeks advice from the solicitor to keep the city out of trouble and sometimes it can be as simple as he would like the solicitor to give him the approval to sign a document on behalf of the city. Mr. Sudler stated that he agrees with the mayor and city manager, and if advice is needed to keep the city out of financial harm’s way, that is expected, but the concern is with saving the constituents’ tax dollars and being good stewards. Responding to Mr. Sudler, Mr. Hugg stated that the city is billed in 15-minute increments, and by who did the work. Mr. Sudler stated that he would recommend having a tracking system to keep track of legal advice requests. Responding to Mr. Sudler, Mr. Hugg stated that the city manager’s budget has a line that covers legal expenses. Mr. Sudler asked that two lines be created in the budget, one for legal advice, and one for legal opinions, to see how much money is being spent and if it fluctuates. Responding to Mr. Rocha, Mr. Hugg stated that the city is billed in 15-minute increments. Mr. Hugg stated that if it takes 20 minutes, the city may be billed for 30 minutes, but that it is in 15-minute increments on the bill. Responding to Dr. Pillsbury, Mr. Hugg stated that the bill is broken down by subject matter, the people involved, and the charges. The responsibility to determine if it is advice or an opinion would fall on the City Manager’s office and the City Clerk’s office.

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 12 Proposed Ordinance #2023-11 – Amending Chapter 30 – Standards of Ethical Conduct and Ethics Commission, Article 3 – Ethics Commission, Section 30- 71 – Established; composition; removal; terms of office; vacancies; chairperson; quorum; compensation; legal council (Councilman Anderson and Dr. Pillsbury) Mayor Christiansen reviewed the background and analysis regarding the proposed Ordinance #2023-11. Staff recommended approving the proposed Ordinance #2023-11, adding a residency requirement to serve on the Ethics Commission. Mr. Sudler expressed his concerns with the process of handling any members who currently serve on the Ethics Commission who may not live within the city. Responding to Mr. Sudler, Mayor Christiansen stated that the committee members would be allowed to decide if they wished to stay or not, so it would not be an automatic removal. However, in good conscience, if they do not live in the city, they should revert the position back to one of the constituents. Ms. Arndt expressed concerns about precluding an individual from serving who is committed to the city, lives within the City of Dover area, and wants to serve. Ms. Arndt stated that it is hard to get appointees and volunteers as it is. Responding to Ms. Arndt, Mr. Anderson stated that he also feels that broadly saying a member must be a resident on all committees is wrong because it depends on the nature of the committee. However, Mr. Anderson stated that there are some committees in which a residency requirement makes sense. For example, the Human Relations Commission and the Planning Commission. Mr. Anderson stated that if the Ethics Commission is going to potentially place a judgment on people in the city and city employees, then it should be made up of constituents of the city. Mr. Sudler stated that there are individuals who live in the City of Dover but are not annexed into the city because they live in the county but pay utility bills. Mr. Sudler stated that there must be consistency across the boards, and you should not be limited to only the City of Dover. Mr. Sudler suggested that it be preferred that they live in the City of Dover, but not required. Mr. Sudler stated that consistency equals fairness, and that is what has been addressed recently in the community meetings. Mayor Christiansen expressed that City of Dover residents should be on the committees. They are the voters; they are the constituents and the taxpayers. During open forums and during the Council Committee of the Whole meetings, people who live outside the city are allowed to voice their opinion, but ultimately the decisions that are made for the City of Dover should be made by the mayor and council committees, staffed by residents from the city. Mr. Neil moved to recommend approval of the proposed Ordinance #2023-11 by adding a residency requirement to serve on the Ethics Commission as

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 13 recommended by staff. The motion was seconded by Dr. Pillsbury and carried with Ms. Arndt and Mr. Sudler voting no. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lewis and carried by a unanimous roll call vote. Joan Denney, 350 North State Street, Dover, stated that the people who make the changes that involve taxpayer’s dollars, and spend taxpayer’s dollars should live in the city and pay taxes. Ms. Denney recommended putting a request for opinions in the state newspaper. Ms. Denney expressed dissatisfaction with the suggestion that committee members are not to be required to be City of Dover residents. Resolution No. 2023-16 – A Resolution to Permit the City of Dover to Enter into a Contract with the State Board of Pension Trustees to Allow the City to Participate in the State of Delaware County and Municipal Pension Plan (David S. Hugg, III, City Manager) Mr. David S. Hugg III, City Manager reviewed the background and analysis regarding Resolution No. 2023-16. Staff recommended approving Resolution No. 2023-16 to allow the City of Dover to apply to join the State of Delaware Pension Plan. Responding to Dr. Pillsbury, Mr. Hugg stated that the language used is that of the state language and is in the state pension law. Mr. Hugg stated that the way the resolution is written is exactly what the state requires to begin the process. Responding to Mr. Anderson, Mr. Hugg stated that he believes this would be a budget-neutral decision. In previous discussions, it was decided that if the city were to join the State Pension, then the city would no longer make a matching contribution to the 401 or IRA-based plans. Employees could continue to have them withdrawn from their paychecks, but the pension would become the de facto pension plan for everyone who fell under that provision. Responding to Mr. Sudler, Mr. Hugg stated that if the resolution is approved then he will contact the State Pension Office to initiate the procedure which includes identifying all employees who would be eligible. Then an actuarial assessment would need to be done of what the cost of bringing them into the program would be if the city wanted to buy in at any time and in terms of moving forward. Every employee would have to make the determination on whether they are going to leave their current pension plan and join the State or not. When that process is finished it will be brought back to council to present the number of employees, and the amount it would cost for the different scenarios beginning on July 1. Mr. Sudler moved to recommend approval of the staff’s recommendation to move forward and to inquire. The motion was seconded by Mr. Hare and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lewis and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 14 Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 8:02 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 8:02 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Lewis and carried by a unanimous roll call vote. QUARTERLY REVENUE REPORT AS OF SEPTEMBER 30, 2023 Members were provided the Quarterly Revenue Report as of September 30, 2023. By consent agenda, Mr. Neil moved for acceptance of the Quarterly Revenue Report as of September 30, 2023, seconded by Mr. Lewis and carried by a unanimous roll call vote. QUARTERLY REVIEW – CAPITAL INVESTMENT PLAN (CIP) (JULY, AUGUST, SEPTEMBER) Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of September 30, 2023. By consent agenda, Mr. Neil moved for acceptance of the Quarterly Report of the Capital Investment Plan (CIP) as of September 30, 2023, seconded by Mr. Lewis and carried by a unanimous roll call vote. SEMI-ANNUAL INSPECTION BY CITY MANAGER – ROBBINS HOSE COMPANY In accordance with Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division 1 - Generally, Section 46-43 - Semiannual Inspections, of the City Code, the City Manager, Mr. David S. Hugg III, met with the Fire Chief to discuss fire company issues. Mr. Hugg submitted a memorandum outlining the items discussed and noted that the tour included the facility and the grounds to assess the condition and readiness of the facility and apparatus to provide effective fire response to the City of Dover and surrounding areas. By consent agenda, Mr. Neil moved for acceptance of the report of the Semi-Annual Robbins Hose Company Inspection, as submitted by the City Manager. The motion was seconded by Mr. Lewis and carried by a unanimous roll call vote. APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN By consent agenda, Mr. Neil moved for approval of the following appointments, seconded by Mr. Lewis, and carried by a unanimous roll call vote. Planning Commission – Mark E. Reaves – Three-Year Term to Expire June 2026 Silver Lake Commission – Anthony D. Morris – Three-Year Term to Expire June 2025

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 15 Item #15 – Authorization to Apply for Staffing for Adequate Fire and Emergency Response (SAFER) Grant Responding to Mr. Lewis, Chief Carey stated that the intention was to apply for the SAFER Grant for five employees. There would be one employee who would work 24 hours a day at station one, and then the other employees would be assigned to station two with someone who is currently working there to ensure that there would be someone staffing the firehouse ten to twelve hours during the day. Chief Carey stated that the federal government regulates the SAFER Grant, the grant could be good for three years or four years. Last year the grant was for four years, and it was funded a hundred percent and covered the employee salaries, benefits, and pension. Chief Carey stated that at the end of the grant the employees would have to be taken over or laid off. Chief Carey explained that in the budget meetings last year with the City Manager, it was established that going forward one employee would be budgeted for until the end of the grant process, then the five employees would be funded by the city budget. Responding to Mr. Lewis, Chief Carey stated that it is not his intention or the intention of the fire department to have a career fire department. The intent is to hire five employees that would supplement the volunteers. Chief Carey explained that just like every fire company in the state there are staffing concerns, and one individual could make a difference over the course of the day. There is no intention to become a career fire department however being proactive now could increase the life of the volunteer system ten to fifteen years down the road for the City of Dover. Mr. Lewis moved to accept item #15, authorization to apply for staffing for adequate fire and emergency response under the SAFER Grant, the motion was seconded by Ms. Arndt and unanimously carried. FIRST READING - PROPOSED ORDINANCE #2023-11 Council President Hare reminded the public that copies of the proposed ordinance were available at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at (302) 736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed ordinance will take place during the Council Meeting of November 13, 2023. Responding to Mr. Lewis, Mr. Anderson explained that when the commission member was originally appointed, they lived in the city limits, however, it has been communicated that someone may have possibly moved, so it may affect one member. Responding to Mr. Lewis, Mr. Anderson explained that the way the current language is written there is no grandfathering in the current language. Mr. Anderson stated that if there were a desire to give a timeframe, whether it be a year or two before the effective date then that would be an amendment he is not opposed to. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2023-11 – AMENDING CHAPTER 30 – STANDARDS OF ETHICAL CONDUCT AND ETHICS COMMISSION, ARTICLE 3 – ETHICS COMMISSION, SECTION 30-71 – ESTABLISHED; COMPOSITION; REMOVAL; TERMS OF OFFICE; VACANCIES; CHAIRPERSON; QUORUM; COMPENSATION; LEGAL COUNSEL

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 16 FINAL READING – PROPOSED ORDINANCE #2023-10 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of October 09, 2023. Council President Hare reminded members of the public that copies of the proposed ordinances were available at the entrance of the Council Chambers, or on the City's website at www.cityofdover.com under "Government." Mr. Neil moved that the Final Reading of Proposed Ordinance #2023-10 be acknowledged by title only, seconded by Mr. Rocha, and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of October 09, 2023.) By motion of Mr. Neil, seconded by Dr. Pillsbury, Council, by unanimous roll call vote, adopted Ordinance #2023-10, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DE IN COUNCIL MET: That Chapter 114- Vegetation be amended to read as follows: Sec. 114-1. Public trees generally. (a) Intent; title. The intent of this section is to regulate the planting, maintenance and removal of shade and ornamental trees on public areas in the city. (b) Purposes. The purposes of this section are as follows, and they shall be liberally construed to promote and advance the general welfare of the city: (1) To guide and regulate the planting, maintenance, and removal of trees on the public streets, parks, and other municipally owned property. (2) To establish a city tree board charged with the administration of this section by prescribing regulations relating to the planting, maintenance, and removal of trees in public places. (3) To protect the character and the social and economic value of both private and public property in the city. (4) To preserve and enhance the visual character and natural beauty of the city. (c) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Board means the city tree board. Park trees means trees in public parks having individual names, and all areas owned by the city or to which the public has free access as a park. Property line means any of the lines forming the front, rear and sides of lots as described in the recorded title. Public trees mean trees located within public rights-of-way, parks or any other city property.

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 17 Street and highway mean the entire width of every public way or right-of-way when any part thereof is open to the use of the public as a matter of right for purposes of vehicular and pedestrian traffic. Street trees means trees on land lying between property lines on either side of all streets and avenues within the city, usually located between the curb and sidewalk. (d) City tree board. (1) Establishment. Since the city has an existing governing body with jurisdiction over public trees, there is no reason to create a new board. With the adoption of the ordinance from which this section is derived, the parks, recreation and community enhancement committee has the title and duties as the city tree board. (2) Advice to city council. The council shall consider the advice of the city tree board on all matters concerning the application of this section. (3) Duties. The duties of the city tree board shall be as follows: a. To study the problems and determine the needs of the city in connection with its tree program. b. To study and recommend to the council desirable legislation concerning the tree program. c. To ensure adequate funding for public tree planting and maintenance. (e) Control of shade and ornamental trees. The city assumes complete control over all public tree planting, maintenance, and removal. These functions shall be performed by city crews and personnel or by contracts with qualified, licensed and ensured private tree companies. (f) Superintendent of grounds. (1) Duties. The superintendent of grounds shall have the authority to promulgate the rules and regulations of the arboriculture specifications and standards of practice governing the planting, maintenance, removal, fertilization and pruning of trees on the streets or other public sites in the city and shall direct, regulate and control the planting, maintenance and removal of all trees growing now or hereafter in any public area of the city. He shall cause the provisions of this section to be enforced. (See section 114-2.) (2) Relief from personal responsibility. a. The superintendent of grounds or any employee charged with the enforcement of this section, while acting for the city, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit instituted against any city employee because of an act performed by him in the lawful discharge of his duties shall be defended by the city solicitor. b. In no case shall the superintendent of grounds be liable for costs in any action, suit or proceeding that may be instituted in pursuance of the provisions of this section when he and/or his subordinates perform their duties in good faith and without malice. (g) Damage or abuse. Should any public tree be damaged by any person, the city may charge the person causing such damage for repairs to the tree and/or its devaluation. Should any public

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 18 tree be destroyed by any person, the city may charge the person causing such destruction for the appraised value of the tree, plus the cost of its removal and replacement. (h) Care upon public grounds. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. (i) Dead or diseased tree removal on private property. The city shall have the right to cause the removal of any dead or diseased trees on private property within the city. When such trees constitute a hazard to life and property or harbor insects or disease which constitutes a potential threat to other trees within the city, the city will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice; however, a lesser time may be specified for removal when an imminent hazard to life or property has been determined to exist. In the event of failure of the owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owners' property tax notice, enter the cost as a municipal lien or utilize other methods of collection. (Code 1981, § 21-1; Ord. of 3-12-1990; Ord. of 8-28-2000) Charter reference(s)—Tree commission, subpart A, § 51; city solicitor, subpart A, § 54. Sec. 114-2. Arboriculture specifications and standards of practice. (a) Authority to promulgate rules and regulations. The superintendent of grounds shall have the authority to promulgate the rules and regulations of the arboriculture specifications and standards of practice governing the planting, maintenance, removal, fertilization and pruning of trees on the streets or other public sites in the city. (b) Policy. (1) All work on public trees shall comply with this section. (2) The arboriculture specifications and standards of practice shall be adhered to at all times, but may be amended at any time that experience, new research or laws indicate improved methods or whenever circumstances make it advisable with the approval of the superintendent of grounds. (3) The policy of the grounds division shall be one of cooperating with the public, property owners and other city departments at all times. (4) No trees shall be removed from public places unless they constitute a hazard to life or property, a public nuisance or because a revision of planting plans necessitates. (c) Street trees species to be planted. An official street tree species list has been approved by the superintendent of grounds for tree plantings along streets and avenues of the city. (The official list will be kept on file in the office of the city clerk.) No species other than those included in this list may be planted as street trees without the written permission of the superintendent of grounds. (d) Planting. (1) Size—Medium to large. Unless otherwise specified, all medium to large deciduous tree species and their cultivars shall conform to American Association of Nurserymen Standards and be at least 1¼—1½ inches in diameter at six inches above ground level

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 19 and at least eight—ten feet in height when planted. The crown shall be in good balance with the trunk. (2) Same—Small. All small deciduous tree species and their cultivars shall be at least five — six feet or more in height and have six or more branches. (e) Location and spacing. Spacing of trees shall be determined by the superintendent of grounds, but, generally, all large trees shall be planted no closer than 35 feet, medium trees no closer than 30 feet and small trees no closer than 25 feet, except in special plantings designed or approved by a landscape architect. (f) Distance from street corners and fireplugs. No street tree shall be planted closer than 30 feet to any street corner and no closer than ten feet to any fireplug. (g) Utilities. Only trees listed as small to medium shall be planted under power lines; and no trees shall be planted within five feet of any underground water line, sewer line, transmission line or other utility. (h) Pruning and removal. (1) It shall be unlawful as a normal practice for any person to top any street or public tree. For the purposes of this subsection, the term "topping" means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires may be exempted from this subsection at the determination of the superintendent of grounds. (2) All large or established trees shall be pruned to the following sufficient heights to allow the free passage of pedestrians and vehicular traffic: a. Eight feet over sidewalks; and b. Fourteen feet over streets. (3) All cuts shall be made with a saw or pruner and only at the nodes or crotches. No stubs shall be left. (4) All dead, crossed and rubbing branches shall be removed. (5) All tools being used on a tree suspected to be infected with a contagious disease shall be disinfected before being used on another tree. (6) Whenever streets are to be blocked off to public service, the police and fire departments shall be notified of the location and length of time the street will be blocked. (7) The stumps of all removed trees shall be cut to at least three inches below ground level. (i) Spraying. (1) Suitable precautions shall be taken to protect the public when spraying is being done. (2) Spraying shall be done only for the control of specific diseases or insects with the proper materials in the necessary strength and applied at the proper time to obtain the desired control. All spraying practices shall conform to federal and state regulations. (j) Fertilization. (1) Fertilization of public trees shall follow the Tree Care Industry Association standards or other accepted arboriculture standards.

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 20 (2) Formulations, rates, and methods of application of fertilizers shall be specified by the superintendent of grounds. (k) Cabling and bracing. All cabling and bracing practices with screw rods shall follow the Tree Care Industry Association standards or other accepted arboriculture standards. (Code 1981, § 21-2; Ord. of 3-12-1990) Sec. 114-3. Vegetation on or near streets. (a) Prohibited in right-of-way. It shall be unlawful and a nuisance for any person to plant any vegetation in any public right-of-way. Upon receipt of notice from the city to remove any vegetation located in a public right-of-way, the owner of the abutting property shall remove such vegetation at his own expense within the time limit provided in such notice. (b) Prohibited near curb line. It shall be unlawful and a nuisance for any person to plant any tree, shrub, or bush within 16 feet of the curb line. Upon receipt of notice from the city to remove any tree, shrub or bush which is located within 16 feet of the curb line, the owner of the property upon which such tree, shrub or bush is located shall remove the same at his own expense within the time limit fixed in such notice. (c) Exceptions. Subsections (a) and (b) of this section shall not apply to city officers or employees who are acting within the scope of their employment or official duties. (d) Work by city. If a property owner fails to comply with a notice issued by the city pursuant to this section, the city manager is authorized to proceed with the necessary work by means of city personnel or authorized independent contractors, and the owner shall be billed for the work and labor performed and materials furnished. If the property owner fails to pay said bills or expenses within 30 days from the date the same are mailed to the owner, then such bills shall be entered in the municipal lien docket as a lien owing the city, and the same may be turned over to the city solicitor for collection. (Code 1981, § 21-3; Ord. of 3-12-1990) Charter reference(s)—Power of council to define nuisances, subpart A, § 18. Secs. 114-4—114-30. Reserved. ARTICLE II. WEEDS Sec. 114-31. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Weeds means grass, weeds, bushes, and any other vegetation, other than trees, ornamental shrubbery, flowers, and garden vegetables that are properly tended. (Code 1968, § 30-1; Code 1981, § 21-16) Sec. 114-32. Maximum height. It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths, or other noxious matter to grow to a height of eight inches or more. (Code 1968, § 30-4; Ord. of 9-13-1976; Code 1981, § 21-17; Ord. of 8-28-2000)

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 21 Charter reference(s)—Power of council to define nuisances, subpart A, § 18. Sec. 114-33. Failure to maintain proper height; abatement by city; costs and lien. (a) Notice of violation via door hanger: In the event that any owner, occupant or tenant of any premises within the city, or any agent caring for or in charge of the premises, shall permit any grass, weeds, underbrush, deleterious or unhealthful growths or other noxious matter to grow to a height of eight inches or more as prohibited by this article, then the Code Enforcement Officer, Fire Marshal, or their authorized agents shall issue a notice of violation via door hanger . The door hanger shall state the property is in violation of section 114-32, and said notice is to be served personally or placed in a conspicuous place on the property in violation. Only (1) one door hanger will be issued within a (18) eighteen-month rolling period. The (18) eighteen-month period is reset every time a new violation of 114- 32 issued. (b) Summons; action by city. In the event that any owner, occupant or tenant of any premises within the city, or any agent caring for or in charge of the premises, shall permit any grass, weeds, underbrush, deleterious or unhealthful growths or other noxious matter to grow to a height of eight inches or more as prohibited by this article, then the code enforcement officer or fire marshal or his authorized agents shall issue a summons showing a violation of section 114-32, said summons to be served personally or by mail evidenced by certificate of mailing upon the owner, occupant, or tenant of the premises, or any agent caring for or in charge of the premises. The summons shall cite the violation of this article and shall be accompanied by a letter or a copy of the relevant provisions of this article stating what corrective action must be taken and shall state the consequences for failure to take such corrective action. (c) Action by the City. If the violation is not corrected within three days from the date of personal service of the summons or within seven days from the date of mailing of the summons evidenced by certificate of mailing, then the city, at the direction of the code enforcement officer or the fire marshal, or their authorized agents may remove the weeds, grass, underbrush, deleterious or other unhealthful growths or other noxious matter growing to a height in excess of eight inches or more in violation of section 114-32 and charge the responsible person as provided for in Appendix F—Fees and Fines for such work that must be done to render the property in compliance with this article. When the owner, occupant, or tenant of any premises, or any agent caring for or in charge of the premises, has received summonses, or been issued a summons evidenced by certificate of mailing, and fails to take corrective action, and the city has corrected the violation in accordance with this subsection, then no further notification shall be necessary for the city to take any further corrective action on any subsequent violations within the following 12- month period starting from the date of the first corrective action by the city. (d) Failure to pay charges. In the event that the owner of record is deemed to be in violation of section 114-32, and in the event that the violation is corrected in compliance with subsection (b) of this section, and if the charges assessed by the city for correcting said deficiency are not paid, then the city, after having corrected the deficiency and violation, shall place its charges and expenses as specified in the municipal lien docket as a lien against said property, and add the charges and expenses as specified to the tax duplicate for the tax year said services were provided by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process. In addition to the methods directed herein, the city solicitor shall be directed to enforce said lien or to collect the charges imposed by the city by any other means that he

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 22 may deem desirable and most advantageous to the city. The violator shall be responsible for all collection costs and expenses, including attorneys' fees. (Ord. of 9-13-1976; Code 1981, § 21-18; Ord. of 7-27-1992; Ord. of 8-28-2000; Ord. No. 2009- 09, 6-22-2009; Ord. No. 2012-22, 11-13-2012) Sec. 114-34. Fines. (a) Generally. Any person convicted of a violation of section 114-32, regardless of corrective actions taken, shall be punished for that violation by a fine as provided for in Appendix F— Fees and Fines. Any such fine shall be in addition to any charges or assessments imposed upon the violator pursuant to section 114-33 (c). All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) herein. (b) Each day. Every day that a violation of section 114-32 continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice. (c) Minimums. (1) Any fine assessed pursuant to subsection (a) of this section shall be no less than the minimum amount as provided for in Appendix F—Fees and Fines. (2) In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded or been found guilty of causing or permitting the same nuisance at the same location within the past 12 months, or for every day that the violation of section 114-32 continues as per subsection (b) of this section. (d) Lien. Any fines imposed pursuant to subsection (a) of this section which remain unpaid shall: (1) Be added to the tax duplicate for the tax year said services were provided by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process, and (2) Be placed by the city as specified in the municipal lien docket as a lien against the property on which the violation occurred, and the procedures for enforcement or collection of said lien shall be as set out in section 114-33 (d). (e) When not paid. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (f) Fine exemption. Any fine pursuant to subsection (a) of this section can be exempted if the person convicted of a violation of section 114-32 is hospitalized or otherwise has a serious medical condition during the time of the conviction that would prohibit the grass from being cut. (1) In order to be considered for the exemption, documentation in the form of a doctor’s note or documentation from an authorized or certified medical provider, shall be submitted to the Code Enforcement Office within 14 days of the receipt of the citation. (2) The Code Enforcement Officer, Fire Marshal, or their authorized agents shall review the documentation per subsection (1) above and either grant or deny the fine exemption in writing. A denial letter must include the reasons for denial. (3) Should the fine exemption be denied, then the person convicted of the violation has 30 days to appeal in writing to the City Council through the City Clerk’s Office. The City Clerk’s Office shall put this item on the first available Council agenda.

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 23 (Code 1981, § 21-19; Ord. of 3-23-1992; Ord. of 7-27-1992; Ord. of 9-22-2003; Ord. No. 2009- 09, 6-22-2009; Ord. No. 2012-22, 11-13-2012; Ord. No. 2022-09 , 10-10-2022) Sec. 114-35. Exceptions. The following shall be considered exceptions to the eight-inch height maximum: (a) Riparian areas. Areas within 75 feet of the bank of a perennial stream or lake or within 25 feet from the outer edge of a stormwater management pond shall be permitted to include stream bank vegetation, including grasses, shrubs and/or trees. (b) Agricultural areas. Areas that are actively used for the cultivation of fields, including seasonal cover crops, shall be exempt from this requirement. (c) Approved natural and/or meadow areas. Areas that have been planted as meadow areas or areas that are being allowed to revert to natural vegetation, with approval of the city planner and the city manager, shall be permitted in accordance with the approvals granted by these offices. (Ord. No. 2009-10, 5-11-2009) Secs. 114-36—114-55. Reserved. ARTICLE III. BAMBOO 1 Sec. 114-56. Unlawful to plant or grow bamboo. It shall be unlawful to plant or grow bamboo on any lot or parcel of ground within the city unless: (1) The root system of such bamboo plant(s) is entirely contained within an above-ground- level planter, barrel, or other vessel of such design, material, and location as to entirely prevent the spread/growth of the bamboo plant'(s) root system beyond the container in which it is planted; or (2) The root system is contained within a barrier, constructed in accordance with the following specifications, and only after a compliance inspection is performed, and a building permit is issued by the City of Dover: a. The barrier itself shall be composed of high-density polypropylene or polyethylene, 40 mil or heavier. b. Each portion or sheet of the barrier shall be secured or joined together by the use of stainless-steel clamps or stainless-steel closure strips designed for such barriers. c. The barrier shall be installed not less than 30 inches deep. d. The barrier shall be circular or oblong shaped. e. Not less than three inches of the barrier shall protrude above ground level around the entire perimeter of the barrier. f. When installed, the barrier shall slant outward from the bottom to the top. 1 Editor's note(s)—Ord. No. 2012-16, adopted July 9, 2012, set out provisions intended for use as §§ 114-36—114- 39. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as §§ 114- 56—114-59.

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 24 (3) Whether planted or growing in a container (under subparagraph a. above) or contained within a barrier (under subparagraph b. above), all bamboo plants shall be located, trimmed, and maintained so that no part of the plant (including stalks, branches, leaves, and/or roots) shall extend nearer than ten feet from any property line. (Ord. No. 2012-16, § 114-36, 7-9-2012)Sec. 114-57. Complaint/order for removal, repair, and compliance. When it has been determined by the city that any bamboo plant or root is encroaching on the property of an adjacent or abutting landowner, or public way, the city shall, prior to taking any other action to enforce compliance with this article, give written notice to be delivered by certified mail, to the person(s) or legal entity(s) causing such condition to exist, which notice shall: (1) Specify the nature and location of the violation. (2) Provide notice of the need to remove and/or correct such condition within 30 days from the effective date of such notice. (3) Require that the removal and/or correction of such condition includes: a. The removal and eradication of any bamboo plant or root from any adjoining or nearby lot(s) or public way to which it has spread from its original planting site, and the correction and repair of any property damage sustained to said adjoining or nearby lot(s) or public way, in removing such bamboo; and b. The containment of the bamboo plant causing said encroachment, by mandatory and full compliance with section 114-56(1) or (2); (4) State that upon failure to comply with the notice and order for removal and/or containment, the city may remove and eradicate the bamboo upon the land of any nearby or abutting property owner, public way and/or upon the property of the person(s) or entity(s) planting or causing such bamboo to grow, as provided in section 114-58. (Ord. No. 2012-16, § 114-38, 7-9-2012) Sec. 114-58. Abatement of bamboo. (a) If the violation is not remedied within the time set forth in the notice and order as outlined above, the city is hereby authorized to remove or have removed any bamboo and to take all reasonable steps to eradicate its re-growth from said property or public way, and to restore any such lands to its natural condition prior to such removal and eradication (including fill, grading, and seeding). (b) The city shall also be authorized to remove and eradicate the plant(s) upon the responsible party(s)' failure to properly contain the plant after notice. (c) The cost of corrective action taken by the city shall be billed to the property owner whose property was the source of the encroachment. (d) If the charges assessed by the city for removal or eradication of the bamboo are not paid, then the city, after having corrected the deficiency and violation, shall place its charges and expenses as specified in the municipal lien docket as a lien against said property, and the city solicitor shall be directed to enforce said lien or to collect the charges imposed by the city by any other means that he may deem desirable and most advantageous. (Ord. No. 2012-16, § 114-39, 7-9-2012) That Appendix F – Fees and Fines, Chapter 114 be amended to read as follows:

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 25 Chapter 114. Vegetation Chapter 114. Vegetation Fees and Fines Article II. Weeds Every day that a violation of section 114-32 continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 114-33. Failure to maintain proper height; abatement by city; costs and lien Subsec. (c) Action by city City contracted rate. Sec. 114-34. Fines Subsec. (a) Generally In addition to charges or assessments imposed, a fine of not less than $50.00, nor more than $250.00 in accordance with minimum fine schedule in Subsec. (c)(1) In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded or been found guilty of causing or permitting the same nuisance at the same location within the past 12 months, or for every day that the violation of section 114-32 continues as per subsection (b) of this section. Subsec. (c)(1) Minimums—Any fine assessed pursuant to subsection (a) of this section shall be no less than the following minimum: First offense $50.00 Second offense $100.00 Third and subsequent offenses $250.00 ( Ord. No. 2022-09 , 10-10-2022) ADOPTED: October 23, 2023 CITY MANAGER'S ANNOUNCEMENTS No Announcements from Ms. Duca. MAYOR’S ANNOUNCEMENTS No Announcements from Mayor Christiansen. COUNCIL MEMBERS' ANNOUNCEMENTS Ms. Arndt, Third District Councilwoman, announced that on Thursday, October 26, 2023, there will be a Trunk or Treat event at Schutte Park from 5:30 p.m. to 7:30 p.m., and on Saturday,

CITY COUNCIL MEETING OF OCTOBER 23, 2023 PAGE 26 October 28, 2023, also at Schutte Park, there will be a ribbon cutting for the new dog park at 10:00 a.m. Mr. Boggerty, At-Large Councilman, announced that there will be a District One Town Hall meeting on November 2, 2023, at Maple Dale Country Club from 6:30 p.m. to 8:30 p.m. Meeting adjourned at 7:31 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of October 23, 2023, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB Exhibits Exhibit #1 – “Public Safety – Crime Statistics” – Attorney General Kathy Jennings

EXHIBIT #1 City Council Meeting of October 23, 2023

300 Nationally, murders fell 250 by 12% in 2021, and 6% in 2022. In 2022, 200 violent crime rates fell by just 1.6%. 150 In Delaware, gun 100 violence has fallen 30% since 2020 — and 50 summer shootings have fallen by 50%. 0 2020 2021 2022 2020 2021 2022

50 45 40 35 30 Shootings in Dover have also fallen sharply — 25 37% since 2021, and 20 even more since the height of the pandemic. 15 10 5 0 2021 2022 2023 (Thru Sept) 2021 2022 2023 (Thru Sept)

4500 4000 3500 3000 Despite the drop in violent crime, 2500 Delaware’s inmate 2000 population has fallen by 24% since December 1500 2018. 1000 500 0 2017 2018 2019 2020 2021 2022 2023 Sentenced Inmates Jennings Administration

Weapon 18% The most common Property leading charge for a 4% sentenced inmate in Drug Violent 5% Delaware is a gun 57% offense (18%). The least Other Public Order 16% common is simple drug possession (<0.1%).

25.00% At the same time, 20.00% the recidivism rate has fallen sharply for the first time in a 15.00% decade. 10.00% Since 2019, the three-year return to prison rate has fallen 5.00% by 12 points — a 60% decrease. 0.00% 2014 2015 2016 2017 2018 3-Yr Return to Prison Rate Jennings Administration

Pre-SB 7 Unsecured/OR 26% Cash After strengthening our 38% bail laws, the proportion Secured of gun offenses and other 36% Post-SB 7 violent felonies that received secured or cash Unsecured/OR bail sharply increased. 17% The use of cash bail alone Secured Cash grew by 21 points — a 24% 59% 44% increase.

AUTO THEFTS Change in total auto thefts (EOY pace) Kia and Hyundai thefts are singlehandedly driving a sharp increase in auto thefts statewide. +264 These two makes alone represent 37% of all stolen vehicles in +116 Delaware. Without them, auto thefts would -266 be down at the end of this year. Thefts (w/o Kia, Hyundai) Hyundais Kias