Council Minutes

REGULAR COUNCIL MEETING The Regular Council Meeting was held on February 25, 2019 at 7:30 p.m. with Council President Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, Mr. Hare, and Mr. Lindell. Staff members present were Police Chief Mailey, Mrs. Mitchell, Mr. Hugg, Fire Chief Rhodes, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Slavin 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. The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Neil moved for approval of the agenda, seconded by Mr. Cole and unanimously carried. Mr. Neil moved for approval of the consent agenda, seconded by Mr. Lindell and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 28, 2019 The Minutes of the Regular Council Meeting of January 28, 2019 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen. PRESENTATION TO MAYOR AND CITY COUNCIL - DOVER LIONS CLUB On behalf of the Dover Lions Club, Mayor Christiansen presented City Council with a wooden plaque in honor of President’s Day. PRESENTATION - 2018 ROBBINS HOSE COMPANY (DOVER FIRE) ANNUAL REPORT Fire Chief Ronald Rhodes reviewed a presentation depicting highlights of the 2018 Annual Report for the Robbins Hose Company (Dover Fire). Mr. Polce asked if the Fire Department bills insurance companies in order to recoup the cost of HAZMAT and Rescue/EMS calls. Responding, Chief Rhodes advised that they do participate in rescue billing for reimbursement; however, he noted that reimbursement is made on a “first come, first served” basis. He stated that they have a company that handles the billing for them, and then at the end of the month, if they were eligible for reimbursement during that time, they would receive a check. Responding to Mr. Polce, Chief Rhodes stated that he would furnish the data on any money recouped through that process.

CITY COUNCIL MEETING OF FEBRUARY 25, 2019 PAGE 2 Responding to Mr. Hare, Chief Rhodes advised that the Fire Marshal’s Office issues fines for false alarms, as provided for in the Dover Code. Responding to Mr. Anderson, Chief Rhodes noted that their priorities for the coming year would be working with Mrs. Donna Mitchell, City Manager, to address issues at Station 2 and replacement of one of their engines. Mr. Hare moved for acceptance of the 2018 Annual Report of the Robbins Hose Company. The motion was seconded Mr. Anderson and unanimously carried. COUNCIL COMMITTEE OF THE WHOLE REPORT - JANUARY 26, 2019 The Council Committee of the Whole met on January 29, 2019 at 6:00 p.m., with Council President Slavin presiding. Members of Council present were Mr. Anderson (arrived at 6:01 p.m.), Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, Mr. Hare, and Mr. Lindell. Mayor Christiansen was also present. Mrs. Doyle (Utility) was present. Mrs. Haass (Utility) was absent. UTILITY COMMITTEE The Utility Committee met with Chairman Cole presiding. Evaluation of Proposals - Design and Construction of Parks and Recreation Building Mrs. Donna Mitchell, City Manager, reviewed the background and analysis regarding the design and construction of the Parks and Recreation Building to be sited adjacent to the John W. Pitts Center. Staff recommended awarding the contract to Dutchman Contracting to perform the Design and Construction of a new Parks and Recreation Building, Bid #19-0012PR, for the amount of $290,702. In response to Mr. Neil, Mrs. Mitchell explained that the budget was $260,000. She stated that staff was going to transfer funds from the Schutte Park improvements project to cover the difference, since that project would not be completed this year. Mrs. Mitchell noted that there was a change to this project for an additional bathroom because there was concern regarding the administrative staff and construction staff coming in from the field using the same bathroom. The Committee recommended awarding the contract to Dutchman Contracting to perform the Design and Construction of a new Parks and Recreation Building, Bid #19-0012PR, for the amount of $290,702, as recommended by staff. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF FEBRUARY 25, 2019 PAGE 3 Annexation Request - 2920 North DuPont Highway, Owned by NewWind Properties 2920 LLC Mrs. Donna Mitchell, City Manager, reviewed the Petition to Annex and Rezone Property located at 2920 North DuPont Highway, owned by NewWind Properties 2920 LLC. She advised members that the property does not have City water service, so it would have to use a well, and it does not have City sewer, and the developer will have to obtain approval from the Delaware Department of Transportation (DelDOT) and City of Dover to connect the sanitary sewer on the opposite side of Route 13. Mrs. Mitchell noted that the developer wants to utilize the existing well and connect to the City’s sanitary sewer system. She stated that the standard basis for sewer charges would apply, and impact fees for the sanitary sewer connection would be $17,816, based on the fixture count provided by the developer. Mrs. Mitchell advised that the monthly estimated sanitary sewer cost would be $194.70, if annexed into the City. She explained that, since the property will not have a water meter for the well, staff developed an average charge for a similar business and informed the developer that this would be the monthly fixed cost for sewer. Mrs. Mitchell stated that the developer would need to obtain necessary approval from DelDOT and the Delaware Department of Natural Resources and Environmental Control (DNREC) prior to construction, and the Office of Drinking Water for use of the well. She also noted that the applicant will need to abide by any federal, state or local laws for water quality. Mr. Neil asked what the Department of Public Works would need in terms of approval or verification, before moving forward. Responding to Mr. Neil, Mr. Jason Lyon, Water / Wastewater Manager, stated that DelDOT will have to approve the layout and maintenance of traffic, since the connection will require boring under Route 13, which is a State road. Additionally, the developer will have to provide a plan of action and show how they are actually going to connect to the sewer on the western side of Route 13. Mr. Lyon explained that, most likely, they will have a pit on each side of Route 13 and bore underneath to make the connection. He stated that this would require DNREC approval because it has responsibility over centralized sewer. Mr. Lyon advised that DNREC may have to approve the construction as well, depending on whether the business will produce more than 2,000 gallons of sewage per day. In response to Mr. Neil, Mr. Lyon stated that the property owner would need to have these approvals to get annexation. He informed members that, to his knowledge, the developer had done enough legwork with DelDOT to feel comfortable proceeding with the annexation request. Mr. Lyon stated that he felt that the constructability is feasible and should not be an issue, and a condition of the annexation should be that they have sanitary sewer. Mr. Anderson stated that he tended to have concerns with annexing properties, particularly noncontiguous properties that add to the infrastructure, and asked who would pay for the connection cost. He indicated that this was a high priority area in the 2008 Comprehensive Plan and asked if the pipe would be large enough to

CITY COUNCIL MEETING OF FEBRUARY 25, 2019 PAGE 4 accommodate future annexations in this area. Responding to Mr. Anderson, Mr. Lyon stated that all of the costs will be borne by the contractor and developer. He noted that the impact fee mentioned by Mrs. Mitchell is essentially the cost for the life of the infrastructure and to get service to this property. Mr. Lyon advised that he had not yet seen the plans indicating the size they were planning to bore under the road; however, he supposed that the developer was only going to put in the lateral that could supply his property. The Committee recommended approval of the annexation. The motion was seconded by Mr. Hare and carried with Mr. Anderson voting no. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Lindell and carried by a unanimous roll call vote. MONTHLY REPORTS - DECEMBER 2018 By motion of Mr. Neil, seconded by Mr. Lindell, 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 Fire Chief's Report Police Chief's Report QUARTERLY REVIEW - CAPITAL INVESTMENT PLAN (CIP) (OCTOBER, NOVEMBER, AND DECEMBER) Members were provided the Capital Investment Plan (CIP) Report for October, November, and December 2018. By consent agenda, Mr. Neil moved for acceptance of the Quarterly Capital Investment Plan (CIP) Report for October, November, and December 2018. The motion was seconded by Mr. Lindell and carried by a unanimous roll call vote. APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN Mayor Christiansen recommended the following appointments/reappointments: Election Board - Cherritta L. Matthews (Second District) - Three-Year Term to Expire May 2021 (Reappointment) Silver Lake Commission - One-Year Terms to Expire May 2019 Marie E. Kozel (to fill the expired term of Ann Marie Townshend) Michael W. Lewis (to fill the unexpired term of James A. Burcham)

CITY COUNCIL MEETING OF FEBRUARY 25, 2019 PAGE 5 By consent agenda, Mr. Neil moved for approval of the appointments, as recommended by Mayor Christiansen. The motion was seconded by Mr. Lindell and carried by a unanimous roll call vote. SELECTION OF POLLING PLACE FOR 2019 REGULAR MUNICIPAL ELECTION Staff recommended utilizing Dover First Seventh-day Adventist Church at 647 Wyoming Avenue as the Second District polling place for the April 16, 2019 Regular Municipal Election. It was noted that the Second District was the only district with an election this year. Mr. Anderson, noting that he was in favor of this location, asked how much it would cost to rent the facility. Mrs. Traci McDowell, City Clerk, advised that there would be a donation to the church in the amount of $150. Mr. Anderson moved to utilize Dover First Seventh-day Adventist Church at 647 Wyoming Avenue as the Second District polling place for the April 16, 2019 Regular Municipal Election. The motion was seconded by Mr. Neil and unanimously carried. REZONING REQUEST FOR PROPERTY LOCATED AT 878 SOUTH STATE STREET - FIRST READING OF PROPOSED ORDINANCE #2019-08 A request was received to rezone property located at 878 South State Street, consisting of 9,600 S.F.+/-, owned by Andre M. and Jane J. Beauregard. The property is currently zoned R-8 (One-Family Residence) and the proposed zoning is C-1 (Neighborhood Commercial). (Tax Parcel: ED-05-077.17-03-51.00-000, Second Council District; Planning Reference: Z–19-04) Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required. Mr. Neil moved to refer the request to the Planning Commission on March 18, 2019 and set a public hearing for April 8, 2019 at 7:30 p.m. The motion was seconded by Mr. Cole and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of Proposed Ordinance #2019-08 as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 878 SOUTH STATE STREET FINAL READING - PROPOSED ORDINANCE #2019-02 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of January 28, 2109. Council President Slavin 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. Sudler moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Neil and unanimously carried.

CITY COUNCIL MEETING OF FEBRUARY 25, 2019 PAGE 6 Mr. Anderson, noting that, unfortunately, the ordinance is currently unenforceable, stated that he did not plan to vote in favor of the amendment because he objects to the idea that the local government was preempted. He stated that the problem, in his view, was with the state law, not with a logical expression of the local government that child rapists should not be living next to day cares. Mr. Anderson stated that he thought that the state law had two issues. One, it lets people that have committed these horrendous crimes out of prison way too soon and it keeps people in prison who have committed lesser crimes way too long. Mr. Anderson stated that the second issue was that a problem was created because of the way the state defines sex offenders. He said that the state has people on the sex offender registry who do not belong on the registry, but they are afraid to take them off because they don't want someone to say that they are weak on the issue. On the other hand, there are people who get mixed up and get into a situation like this by the definition, who should have a method to appeal their being on the registry, and people who have been caught up in crimes and were added in the registry, some cases decades after their offenses, when the law was amended, and for relatively minor offenses. Mr. Anderson stated that he hoped the state would pay as much attention in looking at revising the state law, so it is a more just law, as they did with preempting a logical expression of the local government for the safety of its citizens. Mr. Lindell stated that he understood Mr. Anderson's concern about the lack of local input and asked if the state had solicited any input from local governments, or the City of Dover, or the Dover Police Department, regarding the change in the statute. Responding, Mr. Polce advised that when the state was going to revise this specific section of the code, the League of Local Governments was included in the dialogue through several iterations of the legislation and there were a number of stake holder engagements. Mr. Polce advised that this amendment is in compliance to federal regulation and law as well. Mr. Neil stated that he agreed with Councilman Anderson and suggested that they may have to contact Senators Carper and Coons in order to get changes in the federal law. Mr. Lindell asked Police Chief Marvin Mailey what the compliance rate was with the current sex offender registry. Responding, Chief Mailey advised that, while he did not have the data in front of him, he does see reports on violations all the time and they do not have that many people who fail to follow the guidelines set forth by their probation or parole officers. By motion of Mr. Anderson, seconded by Mr. Sudler, Council, by a roll call vote of seven (7) yes (Sudler, Neil, Cole, Polce, Hare, Lindell, and Slavin) and one (1) no (Anderson), adopted Ordinance #2019-02, as follows: CITY OF DOVER ORDINANCE #2019-02 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-7 - Registered Sexual Offenders of the Dover Code be amended to read as follows:

CITY COUNCIL MEETING OF FEBRUARY 25, 2019 PAGE 7 Sec. 70-7. - Registered sexual offenders. (a) Registration required. Sex offenders, as defined under the provisions of 11 Del. C., c. 41, § 4120A, shall register their places of residence and employment as required under the provisions of 11 Del. C., c. 41, § 4120. (b) Prohibited activities for sexual offenders. (1) It is unlawful for any sexual offender to participate in a holiday event or practice involving children under 18 years of age, such as distributing candy or other items to children on Valentine's Day, Halloween, Christmas, or any other holiday or event. Participation is to be defined as attendance at, or taking part of, or cooperation with an event. (2) It is unlawful for any sexual offender to wear costumes for the primary purpose of entertaining, attracting, or encouraging interaction with children. (3) Any person designated a sexual offender shall be required on October thirty-first of each year or any other day upon which Halloween is celebrated to: a. Avoid all Halloween related contact with children; b. Post a sign at his/her residence stating, "No candy or treats at this residence." Such signs shall be in letters at least two inches high and shall be legible from the street or road adjacent to the residence; c. Except for lighting provided on a year round basis by a sexual offender or the owner or manager of a multi-family residential unit for the purpose of security or walkway or hallway illumination, all outside residential lighting shall be off during the evening hours after 5:00 p.m., and no exterior holiday decorations shall be exhibited on the sexual offender's residence or on the property upon which the residence is located. (4) Holiday events or practices in which the sexual offender is the parent or guardian of the child or children involved, and where no non-familial children are present, are exempt from this section. (f) Penalties. Any person who violates this section shall be fined in accordance with Appendix F-Fees and Fines, section 70-7. Every day that a violation occurs shall constitute a separate offense. (Ord. No. 2012-08, 4-9-2012; Ord. No. 2013-08, 7-8-2013) ADOPTED: FEBRUARY 25, 2019 CITY MANAGER'S ANNOUNCEMENTS Mrs. Donna Mitchell, City Manager, reminded members that the concrete work is still ongoing at Mockingbird Avenue and New Street, and that the Lakewood Place water main replacement was

CITY COUNCIL MEETING OF FEBRUARY 25, 2019 PAGE 8 ongoing. Noting that all members had received an email and a bulletin post, she stated that, based on equipment constraints, they would not be street sweeping during the winter months and that it would resume again on April 1st. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Slavin wished Councilman Polce a happy birthday on March 10th. Mr. Anderson encouraged citizens who are interested in getting involved in city government to go to the City’s website and fill out the application for the City Committees. He noted that the election was coming up, and there will be new appointments coming up in May, so he wanted to encourage everyone to go ahead and get involved. Mr. Anderson noted that there were a couple of important things happening with the Police Athletic League and the Dover Police Department and he yielded to Police Chief Marvin Mailey. Chief Mailey announced that Dover Police PAL Incorporated would be holding a basketball skills camp on Saturday, March 23rd, at the Pitts Center between 9:00 a.m. and noon. He noted that it is free to boys and girls, fifth grade through eighth grade, and pre-registration is online at www.doverpolice.org. Chief Mailey thanked the City of Dover Parks and Recreation Department for partnering with them on this outreach effort. Mr. Lindell congratulated the Dover High School Boys Indoor Track and Field team for their state title the first week of February. He also noted that the boy's basketball team at Dover High had won the Henlopen Conference Title Friday night, in front of the home crowd. Mr. Hare congratulated the Public Works Department on its Annual Chili Cook Off. Mr. Neil moved for adjournment, seconded by Mr. Cole and unanimously carried. Meeting adjourned at 7:57 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of February 25, 2019, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\02-25-2019 Council Minutes.wpd