REGULAR CITY COUNCIL

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on November 13, 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, and Mr. Lewis. Staff members present were Chief Johnson, Ms. Peddicord, Mr. Hugg, Ms. Melson-Williams, Mr. Rodriguez, and Ms. Bennett. 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 Hare declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. INVOCATION The invocation was given by Elder Ellis B. Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Anderson 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. Neil moved for the adoption of the consent agenda, seconded by Mr. Boggerty, and carried out by a unanimous roll call vote. PROCLAMATION – GEOGRAPHIC INFORMATION SYSTEMS (GIS) DAY AND GEOGRAPHY AWARENESS WEEK The City Clerk read the following Proclamation into the record: WHEREAS, geography helps us to understand and engage with the world around us. GIS Day 2023 celebrates Geographic Information Systems (GIS), which are scientific frameworks for gathering, analyzing, visualizing, and mapping geographic data; and WHEREAS, geography is the science that deals with the description, distribution, and interaction of the diverse physical, biological, and cultural features of the earth’s surface. Geography can help us understand the planet’s movement, changes, and ecosystems. Topics that are relevant today are climate change, water availability, and natural resources GIS connects data to a map, integrating location data (where things are) with all types of descriptive information (what things are like there); and

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 2 WHEREAS, GIS helps users understand and visualize geospatial data (geodata), optimize planning and decision making, enhance emergency responses, disaster management, improve environmental management, and enhance business operations and marketing. The City of Dover’s GIS Division plays a vital role in the continued growth of the city and has been nationally recognized for its outstanding efforts in the advancement of GIS; and WHEREAS, the City of Dover acknowledges those that have chosen Geography and GIS as their profession or as part of their discipline to improve the lives of our citizens. The City of Dover recognizes and supports the efforts of nonprofits who work on geographic activities to improve conservation, human services, and various humanitarian efforts to better our world. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim November 15, 2023, as GIS Day, and November 13 – 17, 2023, as GEOGRAPHY AWARENESS WEEK in the City of Dover and urge all residents to participate in this special observance. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mr. Mike Walker, GIS Manager, Department of Public Works. PUBLIC HEARING – APPEAL OF DENIAL OF UTILITIES, SERVICES, OR APPROVALS – 34 NEW STREET – DOUBLE JR, LLC, AND JILL SUSSMAN Mr. David S. Hugg, III, City Manager, briefed members on the specifics of the appeal as it relates to the application of the Clean Hands Ordinance as it relates to the amounts owed to the city by individuals, landlords, and property owners. Mr. Hugg explained that the appeal is for the denial of services at 34 North New Street. Ms. Sussman was advised that the Clean Hands ordinance procedure, which the city has followed since it was enacted in 2012, would prevent the provision of utility services to 34 North New Street. Mr. Hugg explained that there was separately a proposed tenant for the property who also had obligations to the city. Mr. Hugg further explained that those obligations were satisfied, however, the tenant was not allowed to proceed because the landlord was in violation of the Clean Hands Ordinance. Mr. Hugg explained that years ago, Deputy City Solicitor William Pepper offered a legal opinion that supported the application of the Clean Hands Ordinance in this manner. Mr. Hugg further explained that this was reaffirmed recently by City Solicitor Nicholas Rodriguez and has been consistently applied by customer service and the city since that time. Mr. Hugg stated that Ms. Sussman is represented by legal counsel, and in accordance with the guidance that they have received from the city solicitor, any communications between staff and Ms. Sussman or her attorney without the city solicitor being involved is not permitted. Mr. Hugg also stated that for the record, he supported the determination by staff that the Cleans Hands ordinance applied in this manner. Responding to Mr. Rocha, Mr. Hugg explained that the property owner did not obtain a rental license. Responding to Mr. Sudler, Mr. Rodriguez explained that this was a new lease and that utilities had not been granted previously. Mr. Rodriguez stated that the decision that Deputy Solicitor William Pepper issued was due to customer service asking a specific question. He explained when you have a new lease, you have the right to ask for a copy of the lease, and it was never produced or maybe never requested. Mr. Rodriguez stated there was no lease and no utilities. Mr. Rodriguez further explained that Limited Liability Corporation (LLC) and Mr. Lynn’s client, Jill

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 3 Sussman, are the owners of the property, and the decision that Deputy Solicitor Pepper issued was, whether you have a new lease, if either the tenant or the landlord owes the city any obligation, then utilities should not be granted until those obligations are taken care of. Mr. Rodriguez explained that the reason is if the tenant defaults or does not pay for the utilities, then it falls back on the landlord, and the city could go after the landlord for payment. He explained that was the answer Mr. Pepper gave customer service at the time. Mr. Rodriguez explained that council could change the ordinance, but it has been enforced since the opinion was given, and that he affirmed the enforcement when it came to him. He further explained that the landlord-tenant code does not apply because it is a new lease; the city is not cutting off services. Responding to Mr. Anderson, Mr. Kopp, Code Enforcement Supervisor, explained that there is an active rental permit on file for the property. Responding to Mr. Rocha, Mr. Kopp stated that the rental permit was renewed on March 31, 2023. Responding to Mr. Rocha, Ms. Marney, Customer Service Director, explained that it is code violations, taxes, and utilities that are owed. Ms. Marney stated it was a combination of all the debts. Ms. Marney explained that if the city is unable to collect the debts, then they will go through the lien and munitions process. She further explained that they make collection calls and attempt for the customer to resolve their debt prior to the city referring to processing liens or to their attorneys for processing collections. Responding to Mr. Rocha, Ms. Marney confirmed that it states in the Clean Hands ordinance the eligibility to receive city utilities and services. Ms. Marney referred to the list in Section B of the Clean Hands ordinance, further explaining that code enforcement violations would fall under miscellaneous charges. Responding to Mr. Rocha, Mr. Kopp explained that the first fine was issued on June 5, 2023, and that it was after the issuance of the rental permit. Mr. Kopp further explained that the license has not been revoked, and no utilities have been terminated; it is just preventing a new account from being obtained. Mr. Kopp confirmed that each unit is separate and some of the units have electricity. Mr. Kopp further explained that the specific unit in question is due to the fact that they are a new tenant, and they are not cutting electricity to current tenants. Responding to Mr. Rocha, Ms. Marney explained that this is just for 34 North New Street, there are general billings, which consist of code enforcement fines that were forwarded to customer service. Ms. Marney explained there is $2,900.00 outstanding, and there is a balance of $79.20 from a prior tenant for trash fees that are due, so the total for that property is $2,979.29. Ms. Marney stated there are other properties owned by the LLC and explained that the total is $7,547. The LLC paid the owed taxes on November 3, 2023. Ms. Marney stated that the majority of what is owed is general billing. Mr. Neil stated that he thinks the landlord should take some sort of action to make sure that this does not continue. Mr. Neil suggested that, if possible, the city should attempt to do what the IRS does: take the money that is paid in rent to pay it off. He explained that the IRS does this if someone owes money for taxes and expenses. This then would allow the tenant to stay in the rental as long as they are paying their utility bills. Mr. Neil stated that the city does not have enough housing; however, if the city could be the landlord in accepting the money to pay off the debt, it would resolve a lot of problems. Mr. Neil stated that the city taxpayers should not be

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 4 holding the bill on this. Mr. Neil stated they should take court action, take the lien, and take the money and then two problems will be resolved. Responding to Ms. Arndt, Mr. Kopp stated that the case is now in compliance. Mr. Kopp explained that the smoke detector, a life safety violation, has been addressed. Mr. Kopp explained that the case for Unit 1 was officially closed on September 19, 2023. He further explained there is still an open case for Unit 3. Responding to Mr. Boggerty, Mr. Kopp explained that the entire building is under one entity, one owner, Double JR, LLC. Responding to Mr. Boggerty, Ms. Marney explained that the other units had active tenants who had been there from 2019 to 2022. She further explained that the city would not disconnect their utilities unless the tenants did not pay their bill, and it happened to the unit in question. Ms. Marney explained that they disconnected utility service for those three delinquent bills totaling approximately $520.00. Ms. Marney further explained that customer service had been trying to work with the owner for several months to get the debts resolved. Ms. Marney explained that payment agreements were escalated to the City Manager’s office. Ms. Marney further explained that when customer service is not successful in collecting a debt or cannot come to an agreement, they would not just cut service to other units because they were current on their utility. Responding to Mr. Sudler, Mr. Kopp stated that the October 6, 2023 complaint was received by the code enforcement office from the occupants of the apartment. He further explained it is an active case and could not reveal any information except that it was not a life safety violation. Responding to Mr. Sudler, Ms. Marney explained that the collections specialist had been in contact by phone, email, and talked in person with the owner of Double JR, LLC on several occasions since July, and she emailed in August once and it got escalated to her. Responding to Mr. Neil, Mr. Rodriguez explained that intercepting the rent payment to clear up a debt of the owner would be a direct violation of the Landlord Tenant Code. The city would need to go to the General Assembly and have the code amended to have that ability. Mr. Sudler suggested contacting the state commission that handles the landlord-tenant code and checking the validity of the city’s Clean Hands ordinance. Mr. Neil stated that if they would do what they do for public utilities and then based on what the cost is for administration and maintenance, pay them an annual profit. He explained that based on that, you can be generous with the profit, and not have compounded rent increases. He stated that landlords would be encouraged to maintain the property and do what they are supposed to do. Sean Lynn, The Lynn Firm, 308 South State Street, Dover, DE 19901, on behalf of Jill Sussman, the member of Double JR LLC. Introduced himself and his client Jill Sussman. Mr. Lynn noted that Double JR LLC is a Delaware limited liability company. Mr. Lynn stated that, factually, Double JR LLC owns a building at 34 North New Street and has leased residential real estate in that building for a few years. Mr. Lynn stated that the unit that is being discussed is Unit #3. The Unit was rented to Mr. Sean Poore, and when he went to the city to have his electricity turned on in this unit, he was denied electric service due to the Clean Hands ordinance.

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 5 Mr. Lynn explained that this is problematic for several reasons. Number one is that the Clean Hands ordinance, which is set forth in Section 1.13 of the Delaware code, lays out who the ordinance applies to. In section B of Section 1-13, it states, specifically, "Obligations which must be current. Applicants for city services, utilities, permits, licenses, or approvals shall be current on all of the following obligations to the city, including interest, penalties, court costs, and/or attorney's fees if applicable, prior to receiving such approvals”. Mr. Lynn asserted the LLC was not the applicant for city services or utilities. The applicant is the tenant, Sean Poore. To say that if the tenant goes in and applies for city services, or for city utilities, if that tenant owes the city money, then perhaps the Clean Hands ordinance could be imputed against the tenant. That was not the case here. The applicant was the tenant, Sean Poore, not the LLC. Mr. Lynn explained that the second problem is an overarching problem, with the Clean Hands ordinance altogether, which he thinks is just wrong on its face. For example, if Mr. Neil and Mr. Boggerty buy real estate, they own it 50/50, and they create an LLC, Neil and Boggerty LLC. If Mr. Boggerty decides that he is going to stop mowing his grass one summer and then gets cited for that by the city for not mowing his grass. A strict application of the Clean Hands ordinance would say that the city could deny electric utility to the LLC owned by Mr. Boggerty and Mr. Neil because Mr. Boggerty owns half of the LLC. Mr. Lynn noted that he was going to take it to the next step, proportionately. For example, if those two gentlemen own 800 apartment units in the City of Dover. Using your interpretation of the Clean Hands ordinance, the city could turn off electricity to 800 apartments, because Mr. Boggerty did not mow his grass, and he owns 50% or more of an interest in an LLC that owns 800 apartment units. That was not the intent of the Clean Hands ordinance, it just simply was not. Mr. Lynn stated Ms. Sussman has a rental permit, number one (1). Despite the representations that were made earlier, she has a rental permit. There are no open violations with regard to these units. What is owed are fines, not fees. There is a distinction. If they look at the list, and this is right from the Dover Code, Section 1-13(b), "Obligations which must be current. Applicants for city services, utilities, permits, licenses, or approvals shall be current on all of the following obligations to the city, including interest, penalties, court costs, and/or attorney's fees if applicable, prior to receiving such approvals”. Mr. Lynn stated that Double J.R. LLC is current on their property taxes. Applicable Delaware real estate transfer taxes are current. Water, sewer, and electric connection/disconnection, front footage, and/or usage charges, they are current. Trash fees, current. Application fees, current. Permit fees, including building permits, building code, and inspection/reinspection fees - not fines, fees. Vacant building fees. Inspection fees. Charges for the cost of razing or demolition of buildings are done through public expenditures. Charges for duly authorized improvements or maintenance to the exteriors of buildings or property are done through public expenditure. They are current on all of these and there is a distinction between a fine and a fee. Mr. Lynn stated that there may be a fine, which his client contests, but a fine is not listed in the code. It says fee. The canons of statutory construction tell them that, when they are looking at an ordinance, they look at the plain language first. If they wanted to deny someone the ability to have electric utilities because they owe fines, then you would put fines in the code. She does not owe any fees. The unit, Unit #3, was never inspected. Respectfully, his client will assert that

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 6 Mr. Kopp came out to look at the unit. He did not inspect the unit; it was full of trash. The problem was a smoke detector, which has now been remedied. Mr. Lynn’s client will testify that Mr. Kopp did not even go into the unit. Mr. Lynn explained that for all of these reasons, he thinks that the Clean Hands ordinance is being wrongfully applied here. This entire time, while they have been debating this for months since his client has raised this issue, and since he wrote a letter to the City Manager, there has been an individual who has not had heat or electricity in a rental unit for all of this time. Mr. Lynn explained that what the Clean Hands Ordinance allows is for, first, an appeal to the City Manager. Mr. Lynn explained that he had written the City Manager a letter asking for an appeal to the City Manager, and they were denied that appeal. They never had an appeal before the City Manager. They had no choice but to come to council. Then just to make matters worse, what council should be aware of is that his client, while she is fighting this issue, while they are writing letters to the city, the City Manager sends out a city code enforcement inspector to violate her for having a tenant in a unit without electricity. Think about the justness and fairness of that, where they are denying her the ability to have electricity to a tenant, and then cite her for not having electricity for the tenant. That is just wrong and that is retaliatory on its face. Mr. Lynn stated that the Clean Hands ordinance just does not apply here and that utility services should be vested in the building. To the points that were raised, he thinks saliently by city council members, why did not she ask for a payment plan? Why has she not been trying to make this right? Taxes have been paid; fees have been paid. She has requested balance sheets from city staff to say, "What do I owe?" She has not been given them. Mr. Lynn explained that she had not been given the amounts, or she had been given several different amounts. To the point about a payment plan, she wants to do a payment plan but was never allowed to do a payment plan. She would be more than happy to make a payment plan. Mr. Lynn thinks that at the end of the day, all she wants to know is, "What do I owe, and for what?" To get one number, not five different numbers for what she owes. This young lady has had her own personal electricity at her house turned off throughout all of this. Mr. Lynn stated that the number cited, and he thinks it was by the electric department of $7,900, his client believes that some of that is what she personally is alleged to have owed, not Double J.R. LLC. He thinks that what she is telling them, and what she is saying to him now is that she has asked to know what those amounts are for, and the opportunity to contest them, but no one will give her those amounts. Mr. Lynn explained that they have written to the city trying to negotiate or find a compromise to this, to no avail. What he will tell them is that they tried to work this out, and get these answers, and it has not come to fruition. Responding to Mr. Neil, Ms. Sussman, the appellant, stated that she did not call her councilperson and that she has been a landlord for over ten years in multiple cities, counties, and states. She had never been through something like this and was not sure who to call so she called attorney Sean Lynn. Responding to Mr. Anderson, Mr. Lynn stated that he valued his input because he was here when the Clean Hands Ordinance was passed, it was Mr. Anderson’s first term on council, and he raised that issue specifically with council for the city and asked questions along those same lines saying, "Please tell me, “And that he just wanted to make sure because they had his letter. Mr. Lynn believes it was included in the packet, and he wrote specifically to Mr. Rodriguez saying, "Also,

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 7 it is my understanding that the crux of these issues, the alleged debt owed the City of Dover flowed from Ms. Jill Sussman's, the member of the above LLCs, installation of a pod or portable storage device on her personal property in Fox Hall. In reviewing the types of fines and fees to which the Clean Hands Ordinance applies, I do not see the type of fine or fee that Ms. Sussman individually allegedly owes to the city. The types of fees are enumerated in Sections 1-13 as follows," and then he quoted all the language which includes miscellaneous charges as they have set forth. Responding to Mr. Anderson, Mr. Lynn explained that he did not get an answer to that question and that they are basing their application of the Clean Hands Ordinance on Subsection 13, miscellaneous charges. There was no answer forthcoming from the City Manager's office or the city solicitor about which of these alleged fines or fees gave rise to the application of the Clean Hands Ordinance, which in and of itself, he believes that they would agree with him, is a problem, that he cannot get these responses from the city. Mr. Lynn stated that he believes what the city has testified to here today is that it was Subsection 6, permit fees, including building permits, building code and inspection, and reinspection fees. Again, these are not fees, they are fines, and they are two different things entirely, so they cannot say that they are going to deny a tenant electric service because of fines and then not have fines be one of those 13 enumerated items. Mr. Anderson stated that he does not disagree with the staff’s interpretation. However, Mr. Lynn made a case where he has doubts about the matter. Mr. Anderson further stated that he may not be willing to fight over doubts. Responding to Mr. Anderson, Mr. Lynn explained that his client would like a number that makes sense and the opportunity to sit down and find a compromise and get the units rented. Responding to Mr. Hare, Ms. Sussman explained that she gets a lot of mail and has an 11-month- old child at home, so she reads her mail only once or twice a month, it was less right after he was born. She further explained that she does not agree to a payment plan because she does not agree with some of the fines. Ms. Sussman explained that she is happy to pay reasonable amounts that make sense. Responding to Mr. Hare, Ms. Sussman explained that she is not saying that she will not pay the fines, however, she believes a compromise is in order, and being a landlord in some of the areas of the city is hard. She reads the code differently and states that so do other municipalities. Responding to Mr. Hare, Mr. Kopp explained that there are several different cases and different case numbers. Mr. Kopp explained that in this instance it was an annual housing inspection, where all units, common areas, hallways, exterior, etc. are inspected. Mr. Kopp clarified that these cases at 34 North New Street are separate from her personal property. Mr. Kopp explained that the original case was on April 13, 2023, for Unit 3 at 34 North New Street, and on October 16, 2023, an additional complaint was received for the unit. Mr. Kopp further explained that there have been no cases opened against these properties since April 13, 2023. Responding to Mr. Sudler, Mr. Hugg explained that he has twenty-seven pages of emails going back and forth with Ms. Sussman. He further explained that one of the emails has a list of the fines and violations dated August 25, 2023, sent to Ms. Sussman by customer service, and on October 13, 2023, there was a balance of all the items. He further explained that a customer statement was provided back as far as August 25, 2023, and that there have been multiple opportunities and multiple communications from customer service advising Ms. Sussman what

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 8 she owes on various properties within the city. Mr. Hugg stated that it is the understanding of the city that the word “all” means all and if you are in violation, then you are in violation whether it is for this property or another and that has been the interpretation. Responding to Mr. Sudler, Mr. Hare explained that when he received the appeal, he was advised by the city solicitor to deny the appeal. He explained it was followed up again, and this is why this appeal was scheduled to get some type of resolution and move forward. Mr. Hare stated that he does not agree with denying the use of electricity to a unit and then giving a violation for not having electricity. Mr. Hare suggested getting a complete breakdown of everything and planning a meeting to get it resolved. Mr. Hare stated that it does not matter what the ordinances in other cities are; they go by the City of Dover ordinances. Mr. Sudler thanked Mr. Hare for answering his question; however, he explained that he was asking the question of City Manager Hugg. Mr. Sudler explained that he would take Mr. Hare’s response to his question. However, they asserted that the council serves at the pleasure of the constituents, and they need to do something about fixing the system. He further stated that the system is not working and is costing people money. Responding to Dr. Pillsbury, Chief David Carey, Dover Fire Department, stated that they always recommend having smoke detectors in every living space, and it is important to have them even if it is not occupied incase, they have a fire in that area. Someone may hear it while the fire is small, helping mitigate before it gets out of control. Chief Carey further explained that they have nothing to do with Code Enforcement, and how this issue was handled. Dr. Pillsbury stated that she believes that an imperative function of a landlord to have working smoke and fire detectors in every unit. Dr. Pillsbury further stated that it the responsibility of the landlord to check the smoke detectors. Responding to Mr. Sudler, Mr. Rodriguez stated that he believes the city manager does a wonderful job and has been unjustly accused in this situation. He further explained that the question really is Mr. Bill Pepper’s decision, that is the sole issue in the case, and they have gotten away from that. He explained that Mr. Pepper’s decision was with a new lease, which is that if the landlord owed any obligation to the city, then they could not have a lease. Mr. Rodriguez confirmed that this was his advice to the city manager. Mr. Rodriguez stated that if the council does not like how, it is being applied, then they can change it, but that is how it has been enforced since Bill Pepper’s decision. Responding to Mr. Boggerty, Ms. Sussman explained that the tenant was in the unit for 10 days while she tried to sort things out with the city. She explained that she moved him into another unit. Mr. Anderson made a motion to recess this public hearing for one month to allow the parties to work out a payment arrangement, seconded by Councilman Hare. Mr. Sudler stated that he has a concern about delaying this proceeding for 30 or 60 days. He suggested deciding tonight so that the can is not kicked down the road any further. Mr. Sudler stated that the issue should be dealt with and then allow the city to make the proper adjustments systemically.

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 9 Mr. Sudler read aloud Article 2, Section 30-20 Standards of Ethical Conduct on the council floor. Mr. Lewis stated that he has been sitting, listening to both sides and that he agrees with some of the things stated by Mr. Sudler. He explained that his concern is that this is something that has been going on for a while and if Ms. Sussman is in agreement to allow it to go on for another month and come to an amendable agreement or solution, he is fine supporting Councilman Anderson’s motion. Mr. Lewis stated that his concern is that the city solicitor did not respond to Mr. Lynn. Mr. Lynn stated that he did communicate with Mr. Rodriguez; however, he did not get a response to the question of an appellate pathway. Responding to Mr. Lewis, Mr. Rodriguez explained that he made a decision on it and was very clear about what the decision was and that they are going to follow Mr. Pepper’s previous decision. Responding to Mr. Lewis, Mr. Rodriguez stated that he affirmed Mr. Pepper’s decision. He explained that it had been standing for that long period of time and he thought it should not be changed. Ms. Arndt stated that as a general principle, if properties were kept up to code and safe for tenants and fines were paid when expected, then they would not be here today. Ms. Arndt further stated that she does not believe anything unethical or retaliatory has happened. Ms. Arndt stated that city staff have done their due diligence and provided documentation of the violation and processes that occurred. She further stated that there were some outstanding questions specific to amounts that they had not seen. Ms. Arndt explained that she would be in support of Councilman Anderson’s proposal to pause the hearing, get more information, and meet again. Mr. Hare stated that either through the LLC or personally, there are other properties in the city that have outstanding balances. Mr. Hare stated that the interpretation from Mr. Pepper, former Deputy Solicitor, reaffirmed by the current solicitor, was the final word. Mr. Hare explained that if they are in violation of any fine or fee in the city on any property, it affects them all. Mr. Hare requested a breakdown of each property and what is owed on each property. Council President Hare recessed the public hearing. Mr. Anderson made a motion to recess this public hearing for one month to allow the parties to work out a payment arrangement, seconded by Councilman Hare, and unanimously carried. Responding to Mr. Lynn, Mr. Anderson suggested his client sit down with city staff quickly and reach an arrangement because everybody is under the same constraints, as the timeframe can be determined by Mr. Lynn’s client. A meeting was scheduled between Mr. Lynn’s client and city staff for 1:00 p.m. on Tuesday, November 14, 2023.

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 10 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 23, 2023 The Minutes of the Regular Council Meeting of October 23, 2023, was unanimously approved by motion of Mr. Neil, seconded by Mr. Boggerty, and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT - OCTOBER 24, 2023 The Council Committee of the Whole met on October 24, 2023, at 6:00 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler. Mayor Christiansen was also present. Civilian members present for their committee meetings were Dr. Short (via WebEx), and Ms. Smack (Safety, Advisory, and Transportation), Mr. Iriowen, and Mr. Pugh (Utility), and Ms. Smith (Legislative, Finance, and Administration). Mr. Shevock (Legislative, Finance, and Administration) was absent. ADOPTION OF AGENDA Mr. Neil moved to amend the agenda to change the order of committees, as follows: Legislative, Finance, and Administration Committee; Safety, Advisory, and Transportation Committee; and Utility Committee. The motion was seconded by Mr. Rocha and unanimously carried. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Boggerty moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Recommendation of Award for McKee Generation Station Abatement and Demolition (Paul Waddell, Electric Director, and The Energy Authority) Ms. Michelle Straley, The Energy Authority, reviewed the background and analysis regarding the overview and final recommendation for the McKee Generation Station abatement and demolition. Staff recommended awarding the contract to Total Wrecking & Environmental, LLC. Mr. Boggerty expressed concern about the lack of diversity represented by Total Wrecking & Environmental, LLC, on their website. Mr. Boggerty questioned what they would be giving back to the community because the community needs jobs, and their website does not have an area for subcontractors to apply. Mr. Boggerty stated that there must be a conscious approach to finding vendors who represent diversity and bring money back into the city. Mr. Neil stated that he was in support of the contract because it was about half of what the budget was. Mr. Neil also emphasized support for what Mr. Boggerty stated, and he too asked that in the future, everyone consider looking at diversity in suppliers.

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 11 Mr. Sudler stated that the constituents of Dover need an opportunity to bid, participate, and receive jobs from the use of tax dollars. Mr. Sudler stated that he cannot support the current bid due to the lack of reinvestment in the city and diversity and inclusion. Responding to Mr. Sudler, Mr. Waddell stated that during the process, the only information that was requested was that of primary contractors and not any possible subcontractors. Responding to Mr. Boggerty, Mr. Waddell stated that they could negotiate with the vendor to do a job fair within the city since they did state that they would need to hire laborers. Mr. Rocha stated that the council needs to move forward with changing the code to benefit minority businesses within the city. Mr. Rocha explained that there are things that need to be put in place before recommending these changes. Mr. Rocha stated that council is working diligently on the issue. Mr. Neil moved to recommend awarding the contract to Total Wrecking & Environmental, LLC., as recommended by staff. The motion was seconded by Ms. Arndt and carried by a roll call vote of eight (8) yes (Pillsbury, Boggerty, Neil, Smith, Arndt, Rocha, Anderson, Hare), two (2) no (Sudler, Lewis), and one (1) absent (Shevock). By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone) per the Transforming Downtown Dover: Capital City 2023 Plan (Dawn Melson-Williams, Principal Planner) Ms. Dawn Melson-Williams, Principal Planner, reviewed the background and analysis regarding the potential revisions to the zoning ordinance for the C-2 zone (Attachment #1). Staff recommended allowing staff to draft text amendment language from presented concepts of revisions of the C-2 and associated provisions of the zoning ordinance. Responding to Mr. Rocha, Ms. Melson-Williams stated that currently, the building height requirement is six stories and seventy-five feet, and one of the proposals is to increase the maximum building height to ten stories and one hundred and twenty- five feet. The maximum number of stories for any zoning district in the City of Dover is ten. The Dover Air Force Base and the areas in that vicinity fall under a zoning overlay called the Airport Environs Overlay Zone, and the maximum height is sixty feet. Ms. Melson-Williams stated that there are some FAA regulations and aeronautic provisions that would have to be met but nothing specifically tied to the Air Force Base. Responding to Mr. Neil, Ms. Melson-Williams stated that the construction of a building has several implications from a code perspective. The type of construction will dictate how tall the type of construction can be built, and the provisions are

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 12 part of the building code. Ms. Melson-Williams also stated that the fire code has similar provisions of height versus how the building must be protected, and a certain number of stories would require a specific foundation. Responding to Mr. Sudler, Ms. Melson-Williams stated that the initial outreach went to a group of stakeholders and that there was an opportunity for the public to participate in a series of workshops. Ms. Melson-Williams stated that the Fire Marshal’s office will have an opportunity to give input on the NFPA and the state fire regulations. Mayor Christiansen stated that standpipe systems, as well as fire pumps, will be required in a building to make sure that the water goes to the top floor. Dover Fire has two 100-foot ladder trucks that cover about 85 feet. Mayor Christiansen stated that in any building above six stories, a ladder truck would not be used; the fire would be fought from inside. Mr. Hare moved to recommend that staff proceed with drafting an ordinance based upon the timetable, as recommended by staff. The motion was seconded by Mr. Boggerty and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 6:45 p.m. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Lewis presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. N. State Street – Transportation Alternatives Program (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the Transportation Alternatives Program. Staff recommended allowing staff to submit a Transportation Alternatives Program Application to DelDOT for improvements to N. State Street. Responding to Mr. Lewis, Mr. Lyon stated that the project is not currently listed in the budget. Responding to Mr. Lewis, Mr. Lyon stated that before 1964 the city owned and operated all the roads within the city limits including State Street. However, in 1964 the city entered into an agreement with DelDOT which stated that the state

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 13 maintains between the curb and the curb, but nothing outside of the curb. Mr. Lyon stated therefore the city is responsible for the upgrades to the sidewalk and the curb, the inner portion, not the face. Ms. Arndt stated that North State Street is an iconic streetscape within the city, and she would like to see the aesthetics of the street, the brick sidewalks, and the beautiful trees kept in mind when looking at the upgrades and improvements. Responding to Mr. Sudler, Mr. Lyon stated that the state is responsible for the vertical piece of the curb. Mr. Lyon stated that under the agreement if the top of the curb is destroyed, the city is responsible for the repairs. Mr. Lyon stated that DelDOT has 87 separate agreements with the City of Dover. Responding to Ms. Smack, Mr. Lyon stated that the project would take about two years to complete. Responding to Mr. Lewis, Mr. Lyon stated that the project would need to be put into the general fund budget and budgeted in the future capital program. Mr. Neil moved to recommend allowing staff to submit a Transportation Alternatives Program application to DelDOT for improvements to North State Street, as recommended by staff. The motion was seconded by Mr. Boggerty and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote. Mr. Lewis moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 6:56 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Boggerty moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Evaluation of Bids – Turnberry Pump Station Replacement (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the Turnberry Pump Station replacement bids. Staff recommended awarding the contract to Teal Construction for the Turnberry Pump Station Replacement, RFP #24-0002WW, for $1,148,888. Mr. Boggerty stated that Teal Construction has a dropdown on their website for subcontractors all the way down to flaggers and that is the type of company that should be awarded bids.

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 14 Mr. Sudler expressed his appreciation for Mr. Lyon and his due diligence by listening to the sentiment of council. Mr. Hare moved to accept the staff recommendation. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote. Well #9 Change Order (Jason Lyon, Director of Water and Wastewater) Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis of the Well #9 Change Order. Staff recommended approving the change order request from AECOM, Inc. in the amount of $27,400, in accordance with the City of Dover Purchasing Policy and Procedures. Responding to Mr. Iriowen, Mr. Lyon stated that the fence is an eight-foot fence, that is black wrought iron and has a candy cane shape to deter people from trying to climb it. Mr. Lyon stated that it is like the fence around the substation towards Silver Lake Park on Park Avenue. Mr. Anderson moved to accept the staff recommendation. The motion was seconded by Ms. Arndt and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote. 2023 Electric Service Handbook Revisions (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director, reviewed the 2023 Electric Service Handbook revisions. Staff recommended approving the presented revisions to the Electric Service Handbook. Mr. Hare moved to accept the staff recommendation. The motion was seconded by Mr. Boggerty and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote. Evaluation of Bids – Electrical Substation Multiplexer Upgrade (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director, reviewed the background and analysis of the Electrical Substation Multiplexer Upgrade bids. Staff recommended awarding the contract to Avista Realtime for the Electrical Substation Multiplexer Upgrade, RFP #24-0005EL, for $149,814.

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 15 Mr. Hare moved to accept the staff recommendation. The motion was seconded by Ms. Arndt and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote. Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 7:09 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 7:09 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Boggerty and carried by a unanimous roll call vote. MONTHLY REPORTS – September 2023 By motion of Mr. Neil, seconded by Mr. Boggerty, the following monthly reports were accepted by consent agenda: City Assessor’s Report City Council’s Community Enhancement Fund Report City Manager’s Report City Planner’s Report Controller/Treasurer’s Budget Report Fire Chief’s Report Police Chief’s Report APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT By consent agenda, Mr. Neil moved for approval of the following appointments, seconded by Mr. Boggerty, and carried by unanimous roll call vote. Dover Human Relations Commission – Fourth District Appointment – Bishop Marion Lott, Sr. – Three-Year Term (3) to Expire February 2026 ELECTION OF OFFICERS – ROBBINS HOSE COMPANY – YEAR 2024 FIRE LINE OFFICERS The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. Members were provided the results from the November 7, 2023, Robbins Hose Company Election for consideration as follows: Fire Chief - David Carey Deputy Fire Chief - Sean Christiansen First Assistant Chief - Sierra Brown Second Assistant Chief - Brian Bashista Third Assistant Chief - James Iannucci Fourth Assistant Chief - Jason Boc First Fire Line Captain - Chad Knotts Second Fire Line Captain - Troy Christiansen

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 16 By consent agenda, Mr. Neil moved for acceptance of the Fire Line Officers for Robbins Hose Company No. 1 for the Year 2024, as submitted. The motion was seconded by Mr. Boggerty and carried by a unanimous roll call vote. DOVER FIRE DEPARTMENT STATION 2 SITE IMPROVEMENTS CHANGE ORDER (JASON LYON, WATER/WASTEWATER DIRECTOR) Jason Lyon, Director of Water and Wastewater, gave a brief overview of the Dover Fire Department Station 2 site improvements change order. Mr. Boggerty moved that council approve the change order request from Gateway Construction, Inc. in the amount of $19,500, in accordance with the City of Dover Purchasing Policy & Procedures, seconded by Mr. Neil and unanimously carried. FINAL READING - PROPOSED ORDINANCE #2023-11 The First Reading of the Proposed Ordinance #2023-11 was accomplished during the Council Meeting of October 23, 2023. Council President Hare reminded members of the public that copies of the proposed ordinance 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 the proposed ordinance be acknowledged by title only, seconded by Mr. Anderson, and unanimously carried. (The First Reading of the proposed ordinance was accomplished during the Council Meeting of October 23, 2023.) By motion of Mr. Anderson, seconded by Mr. Neil, Council, by a unanimous roll call vote, adopted Ordinance #2023-11, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 30 – Standards of Ethical Conduct and Ethics Commission, Article III – Ethics Commission, Section 30-71. Established; composition; removal; terms of office; vacancies; chairperson; quorum; compensation; legal counsel be amended as follows: Sec. 30-71. – Established; composition; removal; terms of office; vacancies; chairperson; quorum; compensation; legal counsel (a) Established; composition; removal. The city ethics commission is hereby established to administer and implement this chapter. The ethics commission shall consist of five members, all residents of the city, appointed by the mayor and confirmed by the city council. No member of the commission shall hold any elected or appointed office under the government of the United States or the state, county, or city. Members of the ethics commission may be removed by the mayor, with the concurrence of the city council, for substantial neglect of duty, gross misconduct in office, or a violation of this chapter. (b) Terms of office; vacancies. A member of the ethics commission shall be appointed for a term of office of five years and until his successor has been appointed and has qualified. The members shall be appointed for staggered terms of office, and until their successors have been appointed. When a vacancy occurs in the membership of the ethics commission, it shall be filled by appointment for the unexpired portion of

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 17 the term in the same manner as the original appointment. (c) Chairperson; quorum. The ethics commission shall elect a chairperson from among its membership. Three members of the ethics commission shall constitute a quorum, and, if a quorum is present, a vacancy on the ethics commission shall not impair the right of the remaining members to exercise all the powers of the ethics commission. Disciplinary hearings may be conducted, and sanctions may be imposed only by the affirmative action of at least three members; otherwise, the ethics commission may delegate authority to the chairperson to act for the ethics commission between meetings. (d) Compensation. Members of the ethics commission shall receive no compensation. (e) Legal counsel. The city solicitor shall provide legal counsel to the ethics commission and shall be the legal representative of the ethics commission in connection with its duties hereunder, on a case-by-case basis, or determine that outside counsel is needed and obtain such outside counsel for a particular matter. CITY MANAGER'S ANNOUNCEMENTS City Manager David S. Hugg, III had no announcements. MAYOR’S ANNOUNCEMENTS Mayor Christiansen announced that the Interdenominational Ministries Association, in conjunction with the City of Dover and the Mayor’s office, will have a turkey giveaway for the less fortunate in our community on November 16, 2023, from 5:00 p.m. until 8:00 p.m. Mayor Christiansen also reminded everyone of the Christmas Tree Lighting on November 30, 2023, at 5:00 p.m. and the Dashing Through Dover Electric Light Parade on Saturday, December 16, 2023, at 6:00 p.m. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Hare reminded everyone that the Regular Council Meeting scheduled for Monday, November 27, 2023, and the Council Committee of the Whole scheduled for Tuesday, November 28, 2023, have been canceled. Mr. Hare also announced that Mr. Neil turns 90 years old on Sunday, November 26, 2023. Mr. Lewis wished everyone a Happy Thanksgiving and announced that Tracy Palmer Ministries is having a community Thanksgiving dinner at People’s Church, 46 South Bradford Street, on Thursday, November 16, 2023, at 5:30 p.m. He stated that they are looking for volunteers if anyone would like to participate. Mr. Lewis also announced that he held a community clean-up on Saturday, November 4, 2023, in the Second District. The clean-up was held in Clearview Meadows and Stoney Creek. He explained that he had multiple volunteers from DSU fraternities, sororities, and members of the community. The clean-up was held in conjunction with Make Delaware Beautiful. He explained that Make Delaware Beautiful will supply the residents with the equipment and put them in contact with the state representative who will pay for the dumpster out of their Community Clean Up Funds. Mr. Lewis also thanked Matt McDonald from the Delaware State News on his last day of reporting in the City of Dover. Mr. Boggerty announced that it is achievement week and that for 112 years, and incorporated for

CITY COUNCIL MEETING OF NOVEMBER 13, 2023 PAGE 18 78 years, Omega Psi Phi Fraternity, Inc., has made an impact around the city. He stated that he stands on the shoulders of one of the former members, Mr. Hart Castle. Mr. Boggerty thanked Omega Psi Phi and urged others to thank a Q when they see the purple and gold around the city. ADJOURNMENT Mr. Hare moved for adjournment of the Regular Council meeting, hearing no objection, the meeting adjourned at 8:37 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of November 13, 2023, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB