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Regular Council Minutes

City Council Meetings. 14 de octubre de 2024.

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REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on October 14, 2024, at 7:18 p.m. with Council President Anderson presiding. Council members present were Mr. Hare, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Dr. Sudler, Mr. Rocha, and Mr. Lewis. Staff members present were Police Chief Johnson, Mr. Hugg, Ms. Marney, Ms. Melson- Williams, Fire Chief Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:33 p.m., prior to commencement of the Official Council Meeting. Council President Anderson declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. Pastor Sheila Lomax of Holy Trinity Church expressed frustration with the ongoing excuses and emphasized the need for tangible results. She asked what could be done collaboratively and inquired about the specific responsibilities of the city and the police, stressing that these duties should not fall solely on the church. Pastor Lomax pointed out that the church cannot fulfill the city’s obligations, just as the city cannot take on the church’s role. She further asked for clarity on where things currently stand and how the city and police plan to assist. Pastor Lomax underscored the importance of collective effort, noting that solving these challenges requires more than one person. She urged everyone to come together, stop making excuses, and take the necessary actions to move forward. Dr. Sudler requested more clarity on the process to ensure constituents understand exactly what to expect, acknowledging that this is a new procedure. He apologized for the complications they are currently facing and expressed confidence that Mayor Christiansen and the Chief of Police would be able to provide the necessary answers. Dr. Sudler emphasized his desire to stay informed and assured everyone that he, Mr. Anderson, and Mr. Boggerty, are committed to assisting and working together as a team to get the job done. He also pointed out a distinction between what can be done from a charter perspective and what can be done in practice under the charter, highlighting the need for clarity on these limitations. For the record, Mr. Boggerty clarified that he has had multiple conversations, including with the presiding Bishop of the Reformation, regarding the building and the efforts being made to address code enforcement issues. Pastor Leroy Bradshaw, Brotherhood/Sisterhood Team of Ministry, stated that the crime would still be there. They cannot blame the police or the people. He said that until they can start working as one, they will continue to have problems. They will never get rid of the homeless, they will always have the homeless. Pastor Bradshaw explained that they need to find resources to help the people. He is for the people and prayed that they are not blaming the church. Mr. EShed Alston, 406 Arnold Court, Dover, stated that he wanted to talk about the upcoming election. Mr. Aston stated that to his knowledge up to 40% of the citizens do not vote every year,

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 2 not even in a presidential year. He has been working on trying to get debates on either side so that the public would be knowledgeable about not only what is at stake but what is at risk. He believes America is at risk. Beverly Henry shared that she has worked on outreach efforts in Wilmington and volunteered at a place called Sojourner’s House, which operates differently from traditional rehabilitation centers. She explained that while typical rehabilitation centers discharge individuals within a few days, often without a structured plan, Sojourner’s House takes a more comprehensive approach. Ms. Henry noted that only two locations in Delaware offer Sojourner’s House services. The program not only supports individuals struggling with alcohol and drug addiction but also helps those experiencing homelessness. Sojourner’s House brings people off the streets and assists them in enrolling in Medicaid and completing job applications. Unlike other programs, they do not release individuals back into the public until they are ready. While Ms. Henry acknowledged that not everyone is prepared for the structure Sojourner’s House provides, she stressed that if they could engage some of the individuals on the street, those individuals could secure stable housing by the time they leave the program. Importantly, residents do not have to pay for it. Dr. Sudler recommended that Ms. Henry reach out to Pastor Sheila Lomax of Holy Trinity Church, suggesting that a partnership could begin there. He proposed organizing a healthcare fair with the involvement of Mr. Anderson, Mr. Boggerty, and himself. Dr. Sudler further suggested revitalizing and introducing Ms. Henry’s program to the community, starting in areas where it is most needed, such as New Street, and eventually expanding it throughout the city. Ms. Shereen Williams voiced concerns about the City of Dover’s employment practices, particularly regarding potential bias in hiring. She highlighted her qualifications, noting that she holds three (3) advanced degrees, including an Executive MBA in Innovation Management from Temple University and a degree in New Media Journalism from Full Sail University. Ms. Williams explained that she had applied for several positions with the City of Dover, including the Controller Treasurer position, for which her qualifications and professional experience far exceeded the minimum requirements. As evidence of her credentials, she submitted her resume, transcript, and cover letter for Council to review. Despite participating in two (2) interviews with the city, Ms. Williams did not receive a follow-up call or job offer. After her second interview, the interviewer escorted her from the building, commenting that she was overqualified for the role. Ms. Williams questioned why highly qualified candidates are being overlooked and whether unspoken biases might influence hiring decisions. She stressed that her concerns are not merely personal but reflect broader systemic issues within the city's hiring policies, which are intended to prohibit discrimination. She further asked how a candidate could be deemed overqualified based solely on an interview and requested clarification on the qualifications of the individual who was ultimately hired. Ms. Williams asked whether the chosen candidate's qualifications were indeed superior to hers. Responding to Mr. Anderson, Ms. Williams stated that she was interviewed for the Controller Treasurer position.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 3 Responding to Mr. Rocha, Ms. Williams explained that she had interviewed for other positions within the City of Dover but was neither hired nor provided with any feedback. She noted that she had recently applied for the Controller Treasurer position, believing she was overqualified for that role, as well as for every other position she applied for—yet she received no offer or further communication. In response to Mr. Lewis, Ms. Williams clarified that the position in question, for which she was deemed either unqualified or highly qualified, was the FOIA position. She added that personnel informed her she was considered overqualified for the role. Responding to Mr. Hare, Ms. Williams stated that she has an Executive MBA degree from Temple University, an Innovation Management degree from Temple University, a degree in New Medium Journalism, a master’s degree from Full Sail University, and a bachelor’s degree in social work from Delaware State University. Lachelle Paul, 501 Silverside Drive, emphasized the importance of addressing constituents' concerns regarding the policing process. She mentioned that she has spoken with the Police Chief multiple times about issues faced by residents on New Street, noting that several individuals have approached him personally. Ms. Paul inquired about the financial resources required to ensure that the budget accommodates the necessary number of officers to provide adequate protection in high-crime areas. She further questioned what actions are being taken to resolve these issues and ensure that the appropriate officers are deployed to effectively police these neighborhoods. She expressed that merely reacting to crime is insufficient; proactive policing is essential. With high crime rates in the area, she underscored the urgent need for effective solutions. Cleveland Wilson, Concerned Citizens of the Community, stated that they know that New Street is a high crime area, as in Capital Green and Manchester Square. He inquired about the actions that would be taken to address the issue and how long it would continue unresolved. Mr. Wilson emphasized that people must take action to make a difference. He noted that while additional meetings are necessary, they must also lead to meaningful action. James Mayhall, 228 Ann Avenue, expressed his concerns regarding an incident in which he was beaten and tortured while handcuffed by the Dover Police Department. He reported that he filed a complaint against the officers involved but was denied any action. Mr. Mayhall believes that Police Chief Johnson and Mayor Christiansen should resign from their positions. He stated that he had a video of himself being laughed at while attempting to file the complaint and questioned why he would return to the police station where he experienced abuse to report it. Additionally, Mr. Mayhall mentioned that he had submitted a FOIA request twice, both of which were denied. He emphasized his belief that Mayor Christiansen, Chief Johnson, and internal affairs are corrupt and stated his intention to prove it. Mayor Christiansen stated that he had a lengthy conversation regarding this matter and outlined the extent of his involvement. He also suggested alternative routes that Mr. Mayhall could pursue.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 4 Responding to Mayor Christiansen, Mr. Mayhall stated that he could file a lawsuit, but he would rather talk about it. He stated that he did go to the Attorney General’s Office and the FBI came and got a warrant. Dr. Sudler expressed that if that were the case, it would indicate a regression rather than progress. He acknowledged that he does not know all the specifics regarding the perception of the situation and offered his apologies for what occurred. Mr. Lewis agreed with Dr. Sudler. He believes that if this situation did occur, it would be disgraceful and appalling, and an investigation needs to be done. If not done by the Attorney General, but a higher authority, like the U.S. Attorney’s Office. Mr. Lewis would hope that the police would not do anything like this and hopes that Chief Johnson would be transparent with City Council and let them know what transpired and happened. INVOCATION The invocation was given by Bishop Carol Boggerty. Bishop Boggerty announced the upcoming Faith and Blue event. She explained that this initiative aims to bring together the faith community, as well as individuals who may not identify with a particular faith but believe in the importance of law enforcement in their communities. This initiative is not limited to Delaware; it is a nationwide effort to partner with law enforcement agencies, including police departments, capital police departments, correctional officers, and all those involved in law enforcement. The Faith and Blue event will take place on October 19, 2024, in the back lot of the Dover Police Department from 11:00 A.M. to 2:00 P.M. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Hare. ADOPTION OF AGENDA Mr. Anderson requested to strike Item #19, the sale and disposition of Excess Real Property – Adjacent to 600 Forrest Street, due to no agreement with the prospective buyer from the agenda. Mr. Rocha made a motion to strike Item #19 from the agenda, seconded by Mr. Lewis, and carried unanimously. Dr. Sudler requested to add the Appointment of Dr. Samuel Hoff to the agenda. He believed that the Ethics Commission needs to be at full capacity and Dr. Hoff is well qualified for the position. Mr. Neil moved for adoption of the agenda as amended, seconded by Mr. Boggerty. Mr. Lewis stated that he had read the proposed changes for the Ethics Commission and there was nothing that referred to the commissioners or the appointment of a Commissioner. He agreed with Dr. Sudler to add the appointment of Dr. Samuel Hoff to the Ethics Commission. Mr. Lewis expressed that his credentials and educational experience are beyond impressive in his opinion. Responding to Dr. Sudler, Mr. Anderson noted that there have been multiple proposals, including suggestions from three members advocating for the elimination of the Ethics

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 5 Commission in favor of aligning with the state. Mr. Anderson expressed his desire to wait for a decision on whether to amend the agenda, which ultimately was amended. He indicated that he wanted to hold off on adding any appointments to the agenda until they had a clearer direction following Tuesday's discussions. Dr. Sudler believed that Dr. Hoff would be amenable if they eliminated or eradicated the commission. He further believed that it would not affect them or Dr. Hoff in any adverse way. Dr. Sudler requested that they still honor Mayor Christiansen’s request by appointing Dr. Samuel Hoff during tonight’s meeting. Ms. Arndt agreed with Dr. Sudler and noted that, after reviewing Dr. Hoff’s resume and considering his potential contributions, she was comfortable with adding the appointment to the agenda. Mr. Boggerty believed that it would be beneficial if they agreed to support Mayor Christiansen and his appointment. Mr. Neil moved for adoption of the agenda as amended. The motion was seconded by Mr. Boggerty and carried unanimously. 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 requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Neil moved for adoption of the consent agenda, seconded by Dr. Sudler and carried by a unanimous roll call vote. PROCLAMATION – INDIGENOUS PEOPLE’S DAY The City Clerk read the following Proclamation into the record: WHEREAS, The Lenni-Lenape Native Americans originally lived in a huge territory that included what is now New Jersey, Pennsylvania, New York, and Delaware. The Lenni-Lenape, whose name Lenni means “Original”, and Lenape meaning “People” are indigenous to the Delaware Valley that includes the City of Dover; and WHEREAS, before the first cobblestone was laid by European colonists, the lands on Delmarva that would become Kent County were occupied by Native Americans, particularly the Lenni- Lenape. The Lenni-Lenape Tribe was the first to encounter the Europeans (Dutch, English, and Swedish) in 1524. The English settlers gave them the name Delaware Indians because they lived along the Delaware River, and the river, in turn was named after the governor of the Jamestown colony, Lord de la Warr; and WHEREAS, the peace-loving Lenni-Lenape were called the “grandfathers” or “ancient ones” by many other tribes and were considered to be among the most ancient of the Northeastern Nations. They were known as warriors and diplomats, often keeping peace and mediating

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 6 disputes between the neighboring Native Nations, and were admired by European colonists for their hospitality and mediation skills; and WHEREAS, in celebrating the traditions, cultures, and accomplishments of the Lenni-Lenape Tribe, we also acknowledge our city’s history of colonialism that has inflicted discrimination, deprivation, and genocide upon indigenous people. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 14, 2024, as Indigenous Peoples’ Day in the City of Dover and for all citizens to join in celebrating Indigenous Peoples’ Day and continue to promote the rich heritage and history of the First People of the First State. PRESENTATION – BIGGS MUSEUM UPDATE FROM HASSAN NAJAR, EXECUTIVE DIRECTOR Mr. Hassan Najar briefed members on the Biggs Museum. PUBLIC HEARING – ANNEXATION/REZONING REQUEST OF PROPERTY LOCATED AT 139 ACORN LANE Ms. Dawn Melson-Williams, Principal Planner, reviewed the Proposed Annexation/Rezoning of Property Located at 139 Acorn Lane #2024-14. Responding to Mr. Lewis, Ms. Melson-Williams stated that the building on the property is a single-family house, and the owner had a tenant living there at one point. She was not sure if there was a tenant present, but if there was, upon annexation into the City of Dover, the owner would need to comply with the city’s rental dwelling permit program. Ms. Melson-Williams noted that the property owner also owns other land within the city that has participated in the rental program. Responding to Mr. Lewis, Ms. Melson-Williams explained that annexing the property would benefit the city by making it eligible for city utilities, including a change in the electric rate, as it is already a City of Dover Electric customer. Additionally, if the property connects to city water and sewer services, the owner would be required to pay impact fees along with water and sewer rates for ongoing services. She further noted that annexation would ensure the property owner contributes to property taxes, which helps fund city services such as police and fire departments. Since the property is already within the Robbins Hose Dover Fire Company’s Fire District, the fire service coverage would remain unchanged. Ms. Melson-Williams added that annexation also clarifies additional opportunities for the property. The property is identified as an enclave area (category one) in the comprehensive plan, meaning the owner must pursue annexation to gain access to city water and sewer services. Responding to Dr. Sudler, Ms. Melson-Williams explained that one of the challenges was the applicant's attempt to join the meeting virtually. She noted that the applicant had reached out to both her and the clerk’s office for assistance. Dr. Sudler believed that the intended use of the land was a factor in the desire to have the property annexed into the city.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 7 Responding to Dr. Sudler, Ms. Melson-Williams clarified that, to her understanding, the property currently relies on a septic system and a well, with concerns about the viability of continuing to use one or both. Responding to Dr. Sudler, Ms. Melson-Williams noted that during the Planning Commission meeting held on September 16, 2024, a public hearing was conducted regarding the annexation and rezoning request. However, no members of the public chose to speak either in favor of or against the proposal. Responding to Ms. Arndt, Ms. Melson-Williams pointed out that Acorn Lane has a “sawtooth” pattern throughout the corridor. The police chief would need to speak to emergency responses on behalf of the police departments due to the portions of the property being outside the city. She mentioned that Acorn Lane is a state-maintained road and already has some infrastructure in place. Mr. Anderson declared the Public Hearing opened at 7:56 p.m. There being no one present wishing to speak during the public hearing, Council President Anderson declared the Public Hearing closed at 7:56 p.m. Mr. Neil made a motion to adopt the Annexation Resolution #2024-14, seconded by Mr. Hare, and carried unanimously by a roll call vote. FINAL READING PROPOSED ORDINANCE #2024-28 – AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 139 ACORN LANE. Mr. Rocha moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Ms. Arndt, and unanimously carried. (The First Reading of the proposed ordinance was accomplished during the Council Meeting of August 12, 2024.) The City Clerk read the following Ordinance into the record as follows: ORDINANCE #2024-28 – AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 139 ACORN LANE. By motion of Mr. Neil, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote adopted Ordinance #2024-28 as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 139 ACORN LANE. WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 8 of property described below from RS-1 (Residential Single Family Zone) to R-10 (One Family Residence Zone). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from RS-1 (Residential Single Family Zone) to R-10 (One Family Residence Zone) on that property located at 139 Acorn Lane, consisting of 14,494+/- S.F. owned by Byler Investments, LLC. ADOPTED: October 14, 2024 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 23, 2024 The Minutes of the Regular Council Meeting of September 23, 2024, were unanimously approved by motion of Mr. Neil, seconded by Ms. Arndt, and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT OF – SEPTEMBER 24, 2024 The Council Committee of the Whole met on September 24, 2024, at 6:01 p.m. with Council President Anderson presiding. Members of Council present were Mr. Boggerty, Mr. Hare, Mr. Neil, Mr. Lewis, and Mr. Rocha. Ms. Arndt, Dr. Pillsbury, and Dr. Sudler were absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Dr. Jackson-Short, (Safety Advisory and Transportation), Mr. Wilson (Utility), Mr. Garfinkel, and Mr. Shevock (Legislative, Finance, and Administration). Ms. Smack (Safety Advisory and Transportation), and Mr. Iriowen (Utility) were absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Mr. EShed Alston, 406 Arnold Court, proposed that the city sponsor or host debates during this election year, which occurs every four years. He emphasized that these debates would provide a valuable opportunity for the community to learn more about the candidates from both the Republican and Democratic parties. Given Delaware’s status as the first state, Mr. Alston expressed that there is a civic obligation to educate those unfamiliar with the electoral process. He volunteered to participate in the initiative, describing it as an important learning experience and beneficial civic exercise for the entire community.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 9 SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Boggerty presiding. Adoption of Agenda Mr. Rocha moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Debriefing - Post-Mortem on the Phish Music Festival (Kay Sass, Emergency Management Coordinator, Jim Hosfelt, Dover Motor Speedway, and City of Dover Fire Marshal’s Office) Ms. Kay Sass, Emergency Management Coordinator, and Mr. Jim Hosfelt, Dover Motor Speedway, debriefed the Post-Mortem of the Phish Music Festival. Mr. Jason Osika, City of Dover Fire Marshal and Chief Johnson were present for questions. Committee Action was not required. Mr. Neil emphasized the importance of the Dover/Kent County Metropolitan Planning Organization (MPO) taking a serious look at the traffic and infrastructure issues concerning the entrance from Leipsic Road off Route 13, extending through Persimmon Tree Lane, and down to Route 9. He raised the concern due to the new apartments being constructed at the corner of Leipsic Road and Route 13. Mr. Neil emphasized the importance of maintaining the efficiency of the current system, which is built on the expertise of its people rather than its buildings or infrastructure. He believes this is essential to Dover's continued success in attracting and hosting major events, which provide significant value to the city. Responding to Mr. Lewis, Ms. Sass acknowledged that concerns were raised during their briefing regarding the use of certain drugs and the resulting behaviors. She emphasized that one of the key preventative measures for mitigating hazards was controlling and limiting the number of drugs that are entering the community. Ms. Sass noted that the Dover Police Department had already taken steps in this regard to address the issue effectively. Responding to Mr. Anderson, Ms. Sass stated that the estimated attendance for each day was roughly 32,000 people. Mayor Christiansen wanted to thank everyone who was involved in making Phish a success. He highlighted how the events hosted by Dover Motor Speedway have contributed to the city’s growth, bringing in significant revenues and attracting visitors who get to experience the beauty of Dover. Responding to Mr. Neil, Mayor Christiansen acknowledged his concerns regarding the implementation of a fire lien to facilitate easier exits for residents in

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 10 his community and along Persimmon Tree Lane, allowing them to avoid the detour through Route 13. He assured Mr. Neil that the Dover/Kent County Metropolitan Planning Organization (MPO) would be conducting a study to address the traffic conditions, which would include Leipsic Road and Persimmon Tree Lane. The goal of the study is to improve the egress and access the way it should be. Responding to Dr. Jackson, Ms. Sass stated that she did not have the revenue numbers. She had spoken with a few people, as far as hotels, and they did not have a ballpark figure yet to be able to determine the revenue that was brought to the city. Mr. Boggerty moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 6:27 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Neil presiding. Adoption of Agenda Mr. Rocha moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. Evaluation of Bids – Electric System Study (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the Electric System Study. Staff recommended awarding the contract to Kinectrics AES. Responding to Mr. Lewis, Mr. Waddell stated that the city had not used the company Kinectrics AES. Responding to Mr. Lewis, Mr. Waddell stated that they have reached out to other municipalities. They were timely with their communication and accurate with their deliverables. He noted that when he reached out to the municipalities, one municipality that he reached out to was Sacramento Municipal Utility. They are one of the largest municipalities in the country and they have put the company Kinectrics AES on a five (5) year program. Responding to Mr. Lewis, Mr. Waddell stated that the references that he reached out to were provided by the company, there were no references for the State of Delaware. Responding to Mr. Lewis, Mr. Waddell stated that the company has been utilized in other states, such as Maryland and Illinois, but not for the State of Delaware.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 11 Responding to Mr. Lewis, Mr. Waddell stated that if they were unable to provide the models and information, they would need to come to Delaware to perform the work. He explained that much of the work could be done remotely from their office using modeling software. However, if in-person data collection is required, they would make arrangements to visit the city to gather the necessary information. Mr. Hare moved to recommend accepting the staff recommendation. The motion was seconded by Mr. Rocha and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Ms. Arndt and carried by a unanimous roll call vote. Mr. Neil moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 6:33 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. Discussion – Recreational Marijuana Land Uses, Related Zoning Regulations, and Review of the Marijuana Regulations Survey (David S. Hugg, III, City Manager and Ann Marie Townshend, Rossi Group) Mr. David Hugg, III, City Manager, and Ms. Ann Marie Townshend, Rossi Group reviewed the Recreational Marijuana Land Uses, Related Zoning Regulations, and Review of the Marijuana Regulations Survey. Committee Action was not required. Responding to Mr. Boggerty, Ms. Townshend believed that they were not phasing out medical facilities. She indicated that the expectation is for all facilities to apply for a recreational license, as the demand for recreational marijuana might lead to a few individuals visiting strictly medical facilities. Ms. Townshend noted that medical marijuana is not subject to the 15% tax, making it less expensive for those with a medical card. Additionally, individuals under 21 with a medical card would still be unable to purchase recreational marijuana, highlighting the necessity of maintaining the medical program. She mentioned that the issue has been referred to the office of the Marijuana Commissioner for further consideration. Responding to Mr. Boggerty, Ms. Townshend explained that there are multiple ways to manage the number of marijuana retail stores. The current draft ordinance

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 12 stipulates that recreational retail stores must be at least a mile apart from one another. She clarified that this approach is intended to allow for a natural cap on the number of stores. She acknowledged that a specific number of marijuana stores could be established but expressed concern about the practicality of this approach. For example, if there are three stores and four applicants seeking licenses, how would the city differentiate between them? This is why she favors a natural capping method while emphasizing that the final decision ultimately rests with the city. Mr. Hugg stated that the state will issue only 30 recreational marijuana retail licenses, meaning the process will involve a lottery. This significantly limits the likelihood of any one area having more than a couple of stores. He noted that Kent County has essentially allowed businesses to operate anywhere, which could lead to marijuana retail locations in various places, such as Rodney Village, Cheswold, or along Route 8. He explained that if a business won the lottery and was allowed to proceed, they could potentially establish one of the retail locations within the City of Dover, but outside the city limits. Mr. Hugg also mentioned that it would be feasible to set up a cap of one or two marijuana stores, acknowledging that while there might be a chance of not receiving any licenses, it is unlikely that any location would have more than one or two stores. Responding to Mr. Rocha, Ms. Townshend clarified that when imposing distance requirements, the measurements would be taken as the “crow flies.” She explained that the current draft of the ordinance specifies that the distance for marijuana facilities would be measured from the building footprint of the facility itself. However, for schools, the buffer distance would be calculated from the parcel boundary of the school, rather than from the building footprint. Responding to Mr. Rocha, Ms. Townshend noted that the distance from the school’s parcel boundary did not meet the 500-foot requirement, raising concerns about proximity to residential areas. She pointed out that the R-20 zoning district is adjacent to the shopping center to the south and a daycare as well. The draft amendment includes an exemption from the distancing requirement for a conversion license. Responding to Mr. Rocha, Ms. Townshend explained that the ordinance already stipulates that odors from cultivation must be non-detectable from outside the building. She noted that odor was one of the big concerns that came from the survey. However, she acknowledged that they cannot control the smell of someone smoking marijuana outside on their back porch. The ordinance requires all marijuana cultivation facilities to install the odor control technology necessary to ensure that no odor from cannabis products can be detected outside the building, on adjacent properties, in public rights of way, or within any other unit located in the same building. She clarified that while the ordinance sets the standard, it does not specify the technology required to achieve it. The language was adapted from regulations in a neighboring jurisdiction in Maryland that has experienced issues with odor control.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 13 Mr. Lewis noted that the state statute regarding odor and filtering is very stringent and suggested that Ms. Townshend consider including those requirements in the city ordinance. He estimated that the cost of proper ventilation could be around $100,000. Responding to Mr. Lewis, Ms. Townshend acknowledged his point, agreeing that having the requirements in the city ordinance would empower code enforcement staff to enforce them directly, rather than having to refer to state regulations. She pointed out that referring issues to the state can sometimes delay enforcement. Ms. Townshend emphasized that having city regulations in place can complement state regulations, ensuring a more efficient enforcement process. Mr. Hare commented that he would not oppose the issuance of a retail license if it were obtained, but he emphasized the urgency of making a decision due to the costs associated with applying for a retail license, which he noted is non- refundable. He expressed his belief that it is unfair to require individuals to apply without a clear decision in place. Furthermore, Mr. Hare stated that he does not support having a retail marijuana business in the Downtown Dover Business District. Responding to Mr. Anderson, Ms. Townshend explained that Amendment #2 was specifically written to accommodate existing organizations. She clarified that a date of January 1st was included in the draft ordinance to ensure that any businesses trying to be grandfathered in would have a clear cut-off date. She noted that Best Buds is the only facility that has been operational prior to January 1st. Responding to Mr. Anderson, Mr. Osika stated that he was not aware of any complaints from Best Buds. He is unsure on the code enforcement side, but he has not heard anything. Responding to Mr. Anderson, Mr. Hugg stated that his office has not heard of any regarding Best Buds. Responding to Mr. Anderson, Ms. Townshend stated that the state office of the Marijuana Commissioner has not had any issues with Best Buds. She noted that keeping the license is strictly regulated. Mr. Anderson made a motion to adopt the draft Amendment #2 into the draft ordinance. Responding to Mr. Anderson, Mr. Rocha stated that they did not need to take action tonight considering that Dr. Sudler, Ms. Arndt, and Dr. Pillsbury were not present. He does not feel comfortable with taking action. Responding to Mr. Rocha, Mr. Anderson stated that he would like to move forward to include the draft Amendment #2 to provide certainty for the business.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 14 He clarified that he would not be moving forward to release the ordinance at this time. Mr. Anderson made a motion to incorporate the language of draft Amendment #2 into the draft ordinance. The motion was seconded by Mr. Lewis and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Ms. Arndt and carried by a unanimous roll call vote. Responding to Mr. Garfinkel, Ms. Townshend explained that Best Buds and other marijuana businesses do not enter the Federal Reserve System to conduct their operations. She highlighted two key points: the business operates largely in cash, and the state has passed a statute allowing local banks, which are not under federal oversight, to provide banking services to these businesses. Responding to Mr. Hugg, Mr. Garfinkel stated that changing marijuana’s classification from Level 1 to Level 3 would require an act of Congress, which would enable its use within the Federal Banking System. Mr. Hugg noted that, to his understanding, there is legislation pending aimed at decriminalizing marijuana, which is why the industry currently operates as an all-cash business with no ability to process credit card transactions. Responding to Mr. Garfinkel, Ms. Townshend explained that the stringent security regulations are partly due to state requirements, which impose strict rules on tracking every piece of product. She emphasized that the security measures also minimize risk, noting that Best Buds has cameras installed both inside and outside the facility. No one can be in any part of the facility without being monitored by the cameras. Mr. Garfinkel is concerned more with money laundering than about robberies. Mr. Erik Czerwinski, 34 Maple Lane, is concerned about the unintended consequences of marijuana legalization and its sale, particularly highlighting issues along Route 13. He links the increased crime, drug usage, and homelessness in the area to the presence of marijuana shops. He stated that discussions had taken place regarding tax revenue and the advantages of maintaining the current approach, as all the revenue being generated was directed toward law enforcement and drug prevention efforts. Additionally, Mr. Czerwinski brought up the impact of marijuana on the black market, which he claims has grown due to the high cost and taxes on legal marijuana. He raises concerns that black market marijuana is cheaper and potentially more dangerous, as it may be laced with fentanyl. He also highlights the effect on local retail stores, particularly big box stores that are reluctant to operate near marijuana stores. Mr. Czerwinski encouraged a ban on marijuana in the city, pointing out that other towns in Delaware have already done so. He also criticized the reduction in distance requirements between marijuana dispensaries and schools or

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 15 residential areas, arguing that this would imply the city is not an appropriate location for marijuana sales. Ms. Cindy Christiansen, 714 Carol Street, would like to know the negatives since they are always hearing about the positives of marijuana. Ms. Christiansen expressed frustration that the presentation from the Rossi Group failed to highlight any negatives, especially when tax money was spent on such a study. It seemed to focus solely on the positives of marijuana sales. She emphasized her frustration with allowing corporations to openly sell marijuana near sensitive locations, such as daycares and schools, like Town Pointe Elementary, regardless of whether the legal distance is 500 or 1,000 feet. She feels that even these distances are too close. As a resident of Dover, Ms. Christiansen was concerned about the image the city presents particularly as it aims to attract tourists and businesses. She highlighted that other nearby towns, such as Dewey Beach, Rehoboth, Millsboro, and Fenwick have rejected marijuana sales because the community does not want it. Ms. Christiansen noted that the absence of any negative findings in the Rossi Group’s presentation is troubling, especially given the time and resources dedicated to its development. Mr. Aaron Epstein, 516 Jeff Avenue, Chief Operating Officer of CannTech Research, operating as Best Buds, expressed concerns regarding the future of the business in Dover. Best Buds has been a provider of medical cannabis for residents and patients, serving about 2,500 individuals over the past two years. Mr. Epstein highlighted the potential threat to the business if they are not grandfathered in under new regulations, which would allow them to continue operating. Without this allowance, they could face closure, as their current operations are not sustainable as a medical-only facility, incurring significant financial loss. Best Buds prides itself on being one of the only two unionized cannabis shops in the state, offering staff members benefits, livable wages, and paid time off. Additionally, they have had no incidents of diversion or violence at their facility, a fact confirmed by the local police, who reported no notable issues at the site. Their comprehensive security measures, based largely on their hiring practices, contribute to this success. Mr. Epstein argued that the ban on cannabis would penalize those who lack transportation and rely on local access to cannabis products. He emphasized that the legalization of cannabis in Delaware was, in part, to address racial disparities and that prohibition disproportionately affects disadvantaged communities. He clarified that 50% of their sales are conducted by debit, with the other half in cash, as credit card companies are prohibited from processing cannabis transactions. He explained that they are in regulatory limbo, having applied for a conversion license that hinges on the city’s zoning approval. Without this approval, they are unable to move forward. Mr. Epstein urged the city council not to ban cannabis sales, as doing so would undermine the very communities the law was intended to help. Ms. Jean Dowding, 73 Greentree Lane, expressed concerns about the potential presence of marijuana businesses in Downtown Dover, particularly near small businesses. Representing these businesses, Ms. Dowding emphasized the

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 16 importance of buffer zones and urged the council to reconsider allowing recreational marijuana sales in the downtown area. The survey indicated that a majority of people supported the establishment of buffer zones to keep marijuana businesses away from certain areas. Ms. Dowding pointed out that recreational marijuana is still new to the community, and there may be challenges ahead. One of her concerns is the difficulty small business owners may face in determining whether their employees are under the influence after lunch breaks. She urged the council to avoid placing marijuana businesses near sensitive areas like daycare centers and schools, as highlighted by the survey results. Sale and Disposition of Excess Real Property – 423 Collins Drive (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the sale and disposition of 423 Collins Drive. Staff recommended approving the sale/donation to Central Delaware Habitat for Humanity. Responding to Mr. Rocha, Mr. Hugg stated that there was a decision from council, but his recommendation was to recover from Habitat for Humanity the $19,000 that they originally paid for and let them claim the rest of it as a donation. Responding to Mr. Neil, Mr. Hugg stated that there would be no more mowing and he would be saving money. The sale of the property would be $19,000 and it would return to the tax rolls. It would be a taxable property. Mr. Neil moved to recommend accepting the staff recommendation. The motion was seconded by Mr. Hare. Responding to Mr. Lewis, Mr. Hugg stated there are no liens and the property is appraised at $39,200. Responding to Mr. Lewis, Mr. Hugg stated that there is $19,000 in the property and has been maintaining the property since it was bought in 2014. One estimate that he received was that it would cost them $1,700 for mowing and maintenance of the property. Responding to Mr. Lewis, Mr. Hugg stated he was not aware of any parcels that were donated to Habitat for Humanity within the past year. He noted that they have made donations to Habitat for Humanity, but he was not sure specifically when or where. Responding to Mr. Garfinkel, Mr. Hugg stated that Habitat for Humanity made an offer for $24,000 and he recommended that they recoup the original capital investment that was made. Habitat for Humanity did not ask for a discount. It was council’s decision to decide to accept the $19,000 offer. Mr. Garfinkel believed that the taxpayers would want them to accept the higher offer. He does not understand why they are doing counteroffers when there is no counteroffer.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 17 Mr. Garfinkel is unsure of what the process would be, but he would like to see the amendment changed so it would be $24,000. Mr. Neil explained that the transformation of the city is largely due to the efforts of Habitat for Humanity. Habitat for Humanity has been significant, particularly in fostering equity and arranging loans to help people become homeowners. He emphasized that the small financial investment required is far less important than having someone who genuinely cares about the property, rather than being sold to someone who would simply rent it out. He believes one of the city’s challenges is the lack of property owners who live within the city and have a personal stake in the well-being of their homes and neighborhoods. The financial amount involved in the process is minimal compared to the benefits of having a dedicated homeowner, who will care for the property and community, rather than seeing it as a business opportunity for renting. Mr. Neil shared that he regularly attends meetings and welcomes new families moving into the Fourth District, and occasionally in other areas. He supports the lower amount for the property, arguing that it is a small difference compared to the value of having individuals who will care for the safety and upkeep of their homes and communities. Mr. Hare stated that he agreed with Mr. Neil. If it was a contractor trying to buy the property to build, maybe then they should hold out and get more money. He explained that Habitat for Humanity is a good organization that does good for people in need and helps people who can get affordable housing. Mr. Garfinkle stated that he does not understand why they are always bidding against themselves and giving things away when they do not have to. Mr. Garfinkel moved to amend the motion to sell the property for $24,000. The motion was seconded by Mr. Anderson and carried by a roll call vote of seven (7) yes (Boggerty, Rocha, Lewis, Anderson, Shevock, Garfinkel), two (2) no (Hare and Neil), and three (3) absent (Pillsbury, Arndt, Sudler). By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Ms. Arndt and carried by a unanimous roll call vote. Sale and Disposition of Excess Real Property – Adjacent to 600 Forest Street – Parcel ID: ED-05-076.12-02-75.00 (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the sale and disposition of 600 Forest Street. Staff recommended approving the sale of surplus to the adjacent property owner. Mr. Hare moved to recommend accepting the staff recommendation for the sale of 600 Forest Street for the amount of $54,600. The motion was seconded by Mr. Lewis and unanimously carried.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 18 By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Ms. Arndt and carried by a unanimous roll call vote. Discussion – Update on the State Pension (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the update on the State Pension. Committee Action was not required. Responding to Mr. Shevock, Mr. Hugg stated that they honestly do not know the exact number of people wanting to participate. There are about 200 employees outside of the Police Department, including those already in the city’s existing pension plan and others in the 401(k) and 457 plans. He estimated there are around 100 or so who might potentially be interested in joining the state plan. One factor that complicates this is its longstanding proposal that the city does not buy back employees' previous service time. However, there are options available where new participants could choose to buy in some of their time themselves. They need to ensure that employees fully understand these options before making any decisions, so gathering more information and clarifying these choices is essential. Mr. Hugg stated that if an employee is in the existing city pension plan, they are not eligible to join the state pension plan. However, if they are in one of the Roth- based plans, such as the 401(a) or 457 plans, they may or may not be eligible. For employees in the Police or Fire Department, they are already covered by the state's public safety pension plan. So, when the city breaks it down, that leaves them with around 109 eligible employees, as 77 are not eligible. Most of those who are not in the police plan are in the Mission Square 457 plan, and there are also significant numbers in the 401(a) plan. Employees in these plans could continue with them if they joined the state pension plan, but the city would no longer provide the matching contribution. That is why it is crucial they clearly explain all of this and gauge employees' interest before moving forward. Responding to Mr. Hugg, Mr. Hare stated that it has been a long time, and his position is that they need to take action. Assign someone to this and have an answer within 30 days. If employees want to join the plan, they should either allow them to do so this week or send out a notice to all employees stating that if they do not hear from them within two weeks, they will not be enrolled. They need to do something because it is not fair to those who want to join the plan but are not being given the opportunity Responding to Mr. Hare, Mr. Hugg stated that he agrees with the idea, but he does think that they need more public education on what the plan entails. Responding to Mr. Hugg, Mr. Hare stated that they have had a year to get public education. Responding to Mr. Hare, Mr. Hugg stated that they have not received it yet.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 19 Responding to Mr. Hugg, Mr. Hare stated that they should take action and have an updated report within 30 days so they can move forward. It is simply not fair to the employees to keep delaying this. Mr. Hare noted that if Mr. Hugg does not want to do it, then they should find someone who will. Responding to Mr. Hugg, Mr. Anderson stated that he believes that they need to start moving things forward while continuing the education process. They cannot afford to put everything on hold, as they have a deadline of January 1st, and the resolution needs to be completed before then. They need to ensure that they lay the groundwork that Ms. Poole has outlined. He explained that they had asked all three unions if their employees were interested in the plan, and all had confirmed their interest. Two of them even stated it was a top priority. So, assuming the unions represent their members accurately, he believes that they have enough support to move forward. He agrees with Mr. Hare that they should have a clear picture within 30 days. They must provide proper education since people have legitimate questions. The key factor in whether employees join or not will likely depend on whether they can buy in their previous service time. For example, someone who has worked for 20 years and can buy in time to retire in five years will want to know if that option is available. This has been a major concern among employees, and it is something that they need to address. Furthermore, once this plan is in place, they will be able to advertise the pension in their recruitment efforts without adding future liability to the city. They will continue making the same contributions they already are to the 401(k) and 457 plans, and it could potentially be lower depending on employee choices. If, in 30 days, it turns out that employees change their minds once they see the details, let Council know. Council is not trying to force anyone into anything. However, once the plan is set, please ensure all legal aspects are airtight. They need to make sure that everyone has access to the right information and that no one can come back years from now, claiming they did not know or made the wrong decision. Send the information to employees’ emails, post it on the website, and ensure full transparency. Responding to Mr. Neil, Mr. Hugg stated that contacting union representatives and asking them to circulate this information would be his first step because they have much better contacts. Responding to Mr. Hugg, Mr. Neil suggested reaching out to those who are not represented by the unions also, so that they cover their basis. Responding to Mr. Hugg, Mayor Christiansen also recommends having someone from the city side, perhaps Human Resources, who can explain the benefits clearly, alongside the union leadership. While the unions understand the benefits, it is important to have someone who can provide a balanced view, explaining the pros, cons, and potential challenges of choosing certain pension plans. He believes that is crucial.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 20 Responding to Mayor Christiansen, Mr. Hugg stated that it is Human Resources' responsibility to ensure that they reach every employee and, as he mentioned, explain the benefits. A crucial part of the state pension plan involves the provisions related to eligibility, retirement age, and particularly the buy-in options. These are important criteria that need to be clearly communicated. Responding to Mr. Hugg, Mr. Hare emphasized that while he agrees Human Resources should be involved, he believes it is ultimately Mr. Hugg's responsibility to ensure it gets done. If Human Resources is unable to manage this, then it is Mr. Hugg's duty to find someone who can. Jason Osika, 160 Fawn Path Drive, City of Dover Fire Marshal, stated that first, he wanted to thank Council for considering this matter. He knows that they have been supportive, and Council President Anderson, has been particularly proactive regarding this pension issue. Mr. Osika understands how they feel; he is there representing his employees and others as well. This was supposed to be implemented back in January of this year, and here they are, approaching October. There is growing frustration among employees about the delays in getting this done. Mr. Osika stated that he had already noted that recruitment and retention are crucial. This issue is not just about the 199 eligible employees; it is about addressing the vacancies that the city currently has. A better pension plan is an important benefit to offer to potential applicants. Mr. Osika explained that the Fire Department was able to navigate this with a volunteer Fire Chief and has already integrated a new employee into this plan. He has just returned from the Delaware Volunteer Firefighter’s Association’s conference, where the State Pension Office made a complete presentation with three representatives explaining the Firefighter and Police pension options, as well as the 30-year pension with buy-in options. Mr. Osika acknowledges that there is still a lot of work to be done, but the process has dragged on, which is frustrating. One recommendation he has is that they could create an Excel document in about three days. If supervisors list their employees and indicate which plan they are in and whether they are interested, they could gather the necessary information quickly. The city needs to consider all new hires coming in as well. Responding to Mr. Rocha, Mr. Osika stated that he has a copy of the presentation from the conference and that he can provide it to the City Clerk’s Office, and they can send it out to everyone. Additionally, he will get them the contact information for the representative that Chief Carey used. It was a bit easier for him since he handled it for the Newark Fire Department, and he was able to work directly with that representative when the City of Dover hired the new employee in the fire department. This situation is a bit more complex, as existing employees will also want to participate, not just new hires. However, he can get that information to council.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 21 Ms. Kay Sass, Public Affairs Emergency Management representative and AFSCME president, wanted to clarify that the unions that she has spoken with are more than willing to assist. However, she does have a concern about distributing the PowerPoint that Jason has provided, which she also possesses. It includes information relevant to both the fire and police sides, and she believed this could be confusing for city staff. Ms. Sass recommends that they contact the State to obtain an updated version that removes any information not relevant to our city employees. This way, they can prevent any potential confusion, and she believes the necessary changes can be made quite easily. Phillip Williams, Customer Service expressed concerns on behalf of his team regarding the establishment of a state pension, which he believes would be highly beneficial. Having been with the city for nine years, he noted that a pension would serve as a significant incentive for him personally. He shared that the team is currently very frustrated and feels overworked due to being short-staffed, leading to a revolving door of employees. Mr. Williams believes that introducing a pension could help attract more candidates to their team. Over the past couple of years, they have experienced an unprecedented number of vacancies within the city. He emphasized the importance of considering the implementation of a state pension to retain current employees and bring in new talent, thereby alleviating the burden on those who are already in the workforce. Mr. Hare moved to have staff provide an updated report at the Council Committee of the Whole Meeting on October 29, 2024, during the Legislative Finance and Administration Committee session. This report should include information on the employees who have been contacted regarding their interest in joining the pension plan, detailing the number of employees who wish to participate and those who do not. The motion was seconded by Mr. Lewis and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Ms. Arndt and carried by a unanimous roll call vote. Sole Vendor Purchase Approval for the VirTra Training System Chief Thomas Johnson, Chief of Police, reviewed the background and analysis regarding the sole vendor purchase approval for the VirTra Training System. Staff recommended approving the sole source vendor purchase for the VirTra Training System. Responding to Mr. Lewis, Chief Johnson explained that the majority of the funding for the VirTra Training System was provided by the State’s Grant in Aid Legislation. The remaining funds would come from the Special Law Enforcement Assistance Fund, and he was able to secure a grant over the summer to help cover

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 22 costs. Chief Johnson emphasized that all the funding was fully covered by external sources, with no financial burden on the city. Mr. Hare moved to recommend accepting the staff recommendation. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Ms. Arndt and carried by a unanimous roll call vote. Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 8:27 p.m. Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 8:27 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Ms. Arndt and carried by a unanimous roll call vote. MONTHLY REPORTS – AUGUST 2024 By motion of Mr. Neil, seconded by Mr. Arndt, the following monthly reports were accepted by consent agenda: City Council’s Community Enhancement Fund Report City Manager’s Report Controller/Treasurer’s Budget Report Fire Chief’s Report Police Chief’s Report APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN Dover Public Library Advisory Commission Shemaine E. Johnson-Moore - Five -Year Term to Expire June 2029 By motion of Mr. Neil, seconded by Mr. Arndt, the Dover Public Library Advisory Commission appointment was accepted by consent agenda. SALE AND DISPOSITION OF EXCESS REAL PROPERTY – 423 COLLINS DRIVE (DAVID S. HUGG III, CITY MANAGER) Mr. Boggerty stated that during a discussion at a recent Town Hall Meeting they would sell some of the properties and use the proceeds to establish a community fund. The fund could be reinvested back into the community in various ways. One suggestion was to allocate the funds to incentivize nonprofit organizations or day workers by offering them a small stipend to assist with cleaning up the area. The initiative could be piloted in partnership with community policing, using a model similar to “adopt a block” or “adopt a street.” There could be an ongoing program where individuals volunteer, contingent on the availability of their funding.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 23 Mr. Boggerty moved to amend the recommended motion by adding all proceeds would be earmarked for a community development fund. The motion was seconded by Mr. Hare. Responding to Mr. Lewis, Mr. Boggerty clarified that he was referring to using the proceeds from the sale of the property at 423 Collins Drive to establish a community development fund. He suggested that moving forward, whenever properties from the community are sold, the community should benefit from those sales. It could include reinvesting proceeds into the local area through initiatives such as leases or partnerships, ensuring that the community sees tangible returns. Mr. Anderson explained that the fund and its parameters would be developed by Council in Committee. It was just an earmark at the time, but the idea was to have the opportunity to develop it with everyone’s input. Responding to Mr. Lewis, Mr. Hugg stated that any revenues from properties that are sold go into the general fund. It is simply part of the appropriation that is done each year in the budget. Responding to Mr. Lewis, Ms. Marney stated that the revenues that they receive go into the general fund and help with any short flows in the budgetary process. Responding to Mr. Lewis, Mr. Hugg stated that it should not hurt them if they take the money and decimate it somewhere else when budget time comes. Responding to Mr. Anderson, Mr. Hugg explained that any unexpected revenue from property sales would typically be classified as miscellaneous revenues and be deposited into the general fund. During the budget process, these funds would contribute to the overall fund balances allocated to various budget items. He noted that it is not unusual for municipalities to have dedicated funds, such as a park reserve fund, which is specifically used for park-related purposes that arise from land developments where there is not adequate space for public parks. There are other options in which the funds from property sales, based on selected criteria, could be set aside for future use. Dr. Sudler expressed his support for the conceptual model, emphasizing the opportunity to engage small business contractors in cleanup efforts within the City of Dover. He noted that while these contractors would like to be compensated, the amount does not need to be substantial; rather, it should enable them to secure bids. This approach would allow minority and small business contractors, who often lack Type C insurance, to compete for larger projects by providing them with opportunities to bid on smaller, local initiatives. Dr. Sudler highlighted that this strategy would not only aid in cleaning up the city but also support small businesses, creating a win-win situation for both the community and the contractors. He suggested that allocated funds could be utilized to facilitate this process, allowing small businesses to participate meaningfully in city projects and ensuring they receive a fair opportunity for contracts typically awarded to larger companies. Mr. Boggerty expressed his concerns that the funds are not always guaranteed. He pointed out that there was enthusiasm from local individuals in Dover about the opportunity to participate, but the lack of guaranteed funding could pose an issue.

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 24 Mr. Neil suggested that the Council establish specific parameters for the allocation and expenditure of funds. For example, they could agree to spend only a portion of the fund if a minimum threshold is met, such as providing $25,000 only if they receive at least $50,000. He emphasized the importance of determining who would receive funds and in what amounts. The key is to secure approval and then hold a Council Committee of the Whole meeting to discuss how to manage the available resources. Responding to Mr. Lewis, Mr. Boggerty stated that yes, they are just using that property as an example because that is their primary focus now, but all areas, such as the Lincoln Park and Stoney Creek Development, there are other areas that it would assist with, it would not be just native to downtown but spread throughout the city to help beautify the city. Responding to Dr. Sudler, Ms. Duca stated that they are collaborating with the police department in the areas of Lincoln Park and Stoney Creek. She mentioned that the police have some ideas in mind to address the concerns and aim to implement them sooner rather than later, assuring that it is on their radar. Dr. Sudler suggested that, since there is already a pole set up near Bertrand Drive, a black camera similar to those on College Road and in other locations should be installed. He noted that this would be a good opportunity to help deter illegal dumping in the area. Responding to Mr. Lewis, Ms. Duca explained that there have been instances in the past where streetlights were shot at, as evidenced by the glass found on the fixtures. This raises concerns about potential damage to cameras, particularly the surveillance cameras identified for use in the area. She noted specific concerns from DNREC and similar agencies regarding the loaning of their cameras due to the risk of damage. Ms. Duca indicated that they are collaborating with the police department on an enforcement grant. This grant would facilitate the acquisition of cameras similar to those already deployed in the field, providing a more permanent solution for the area. She mentioned that there are several cameras located throughout the city. Police Chief Johnson stated that they have been examining the problem for some time. He mentioned that when a new grant opportunity was announced in the email thread, they realized they had some flexibility with an existing grant they already possessed. In addition to the Burn grant and the JAG grant, they are working to find space in their current grant award to add camera capabilities in the areas being discussed, as well as other locations. Chief Johnson noted that there are longer-term plans that would involve better infrastructure to provide wider visibility. Unfortunately, it is a waiting game for the contractor with the expertise needed to integrate into the fiber system. This process is more complex than simply splicing and attaching components. He emphasized that they are making slow and steady progress and may have an upcoming meeting to explore tapping into an existing program. Mr. Rocha suggested connecting with the Dover Housing Authority to explore potential synergies, particularly in light of the mention of Lincoln Park. He proposed that, in cases of evictions or residents moving out, increased monitoring should be implemented as they exit the premises. Additionally, Mr. Rocha recommended providing a dumpster during these transitions

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 25 to facilitate the disposal of unwanted items. He emphasized the importance of discussing available resources with the Housing Authority to ensure a coordinated approach. Mr. Anderson stated that the Dover Housing Authority has been very cooperative with them regarding cleanup. He noted that much of the debris appears to be dumped from out of town. He added that implementing the proposed measures could help eliminate one potential source of the issue. Dr. Sudler expressed concerns regarding safety issues stemming from individuals placing beds and flammable items in the area. He emphasized that even something as simple as lighting a match or smoking a cigarette nearby could ignite a fire. Dr. Sudler clarified that his focus was not only on environmental pollution but also on the significant fire hazard this situation presents. Responding to Dr. Sudler, Chief Carey reported that early in the morning, there was a suspicious fire on the highway that the fire marshal’s office is currently investigating. He indicated that the fire likely originated from the trash that had accumulated along the fence. Chief Carey emphasized that this poses a potential hazard throughout the city, particularly in areas prone to illegal dumping. Dr. Sudler emphasized the importance of prioritizing the installation of cameras in areas where illegal dumping occurs. He advocated for placing one of the black cameras in these locations to provide relief to the community. Dr. Sudler noted that if a camera can be installed on College Road, then similar measures should be taken in areas experiencing dumping. He highlighted that residents want to take pride in their community and that, as representatives, they must ensure that community resources are utilized effectively, enabling residents to live in a clean and safe environment. Mr. Hare made a motion to approve the sale as amended, seconded by Mr. Rocha. Responding to Mr. Lewis, Mr. Anderson clarified that the property was being sold for $24,000 from the vote at the Committee of the Whole Meeting on September 24, 2024. Mr. Hare made a motion to approve the sale as amended. Mr. Rocha seconded the motion and carried by a unanimous roll call vote. APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN ETHICS COMMISSION Dr. Samuel B. Hoff – to fill the unexpired term of Jonathan Sadlowski – term to expire July 31, 2026. Dr. Sudler made a motion to adopt the appointment of Dr. Samuel Hoff to the Ethics Commission, seconded by Mr. Hare, and carried by a unanimous roll call vote. CITY MANAGER'S ANNOUNCEMENTS Mr. Hugg wanted to recognize Tim Bailey from the Central Delaware Habitat for Humanity. He acknowledged that they have been working closely with Habitat for Humanity for several years,

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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 26 trying to identify properties that fit within their mission. Mr. Hugg commended the remarkable work Habitat for Humanity has accomplished in the city and expressed his appreciation for their efforts. MAYOR’S ANNOUNCEMENTS Mayor Christiansen had no announcements. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Boggerty recognized Mr. Wolfgang and his staff at the City of Dover Warehouse. They were down to 30,000 test kits left and they gave 10,000 test kits to the YWCA for their work throughout the state last week. Mr. Anderson announced that the council meeting scheduled for November 11, 2024, would be canceled in observance of Veteran’s Day. He also noted that the Committee of the Whole meeting would take place the following day, November 12, 2024, if there were items on the agenda. The meeting adjourned at 8:25 p.m. ANDRIA L. BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by the City Council during their Regular Meeting of October 14, 2024, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB

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