Council Minutes

REGULAR COUNCIL MEETING The Regular Council Meeting was held on September 23, 2019 at 7:30 p.m. with Council President Hare presiding. Council members present were Mr. Anderson (departed at 8:01 p.m. and returned at 8:05 p.m.), Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Cole, Mr. Polce (departed at 8:13 p.m. and returned at 8:15 p.m.), Mr. Taylor, and Mr. Lindell. Staff members present were Major Stump, Mrs. Mitchell, Mr. Hugg, Deputy Fire Chief O'Connor, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present (departed at 8:00 p.m.). OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Hare declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. Mr. Dave Humes, 252 Sloan Court, Wilmington, Delaware, spoke about Delaware Goes Purple and the need for a greater awareness of substance abuse. Ms. Claudia Johnson, 1602 Serenity Lane, Sanibel Island, Florida, spoke about the hardship that the vacant building and clean hands ordinances place on the residents. The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance. ADOPTION OF AGENDA Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil 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 - SPECIAL COUNCIL MEETING OF SEPTEMBER 9, 2019 The Minutes of the Special Council Meeting of September 9, 2019 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 9, 2019 The Minutes of the Regular Council Meeting of September 9, 2019 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen. PRESENTATIONS - RECOGNITION OF SERVICE - BICYCLE AND PEDESTRIAN SUBCOMMITTEE Gerry Pennington (October 2016 - August 2019) Mr. Pennington was not present for the presentation.

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 2 Fran Riddle (October 2016 - September 2019) On behalf of the Mayor and Council, Mayor Christiansen presented the certificate to Ms. Riddle. James A. Hutchison III (April 2013 - September 2018) Mayor Christiansen presented Mr. Hutchison with a Dover Cup in appreciation of his service on the Bicycle and Pedestrian Subcommittee. Andrew Siegel (October 2015 - August 2019 Mayor Christiansen presented Mr. Siegel with a Dover Cup in appreciation of his service on the Bicycle and Pedestrian Subcommittee. PROCLAMATION - COMMUNITY PLANNING MONTH The City Clerk read the following Proclamation into the record: WHEREAS, change is constant in every community and affects all of us, and community planning can help manage change in a way that provides better choices for how people work and live. Community planning provides an opportunity for all residents to be involved in making choices that determine the future of their community and requires public officials and citizens who understand, support, and demand excellence in plan development and implementation; and WHEREAS, the American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions that sound planning and plan implementation make to the quality of our communities and environment; and WHEREAS, the 2019 National Community Planning Month theme, "Planning for Infrastructure That Benefits All," highlights how well-planned infrastructure projects, including roadways, transportation systems, housing, parks, and even broadband networks strengthen communities, boost the economy, expand opportunity and promote equitable development. NOW THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the month of October 2019 as COMMUNITY PLANNING MONTH in the City of Dover, and encourage all citizens to join me in recognizing the participation and dedication of the staff of the City of Dover Department of Planning and Inspections, members of the City of Dover Planning Commission and the valuable contributions made by other community and regional planners and our partner agencies at the State and County levels. We extend our heartfelt thanks for the continued commitment to public service by these professionals and private citizens. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mr. Dave Hugg, Director of Planning and Community Enhancement.

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 3 PROCLAMATION - CYBERSECURITY AWARENESS MONTH The City Clerk read the following Proclamation into the record: WHEREAS, we recognize the vital role that technology has in our daily lives and in the future of the City of Dover. Today many citizens, schools, libraries, businesses, and other organizations use the Internet for a variety of tasks, including keeping in contact with family and friends, managing personal finances, performing research, enhancing education, and conducting business. Critical sectors are increasingly reliant on information systems to support financial services, energy, telecommunications, transportation, utilities, healthcare, and emergency response systems; and WHEREAS, Internet users and our information infrastructure face increasing threats of malicious cyber-attacks, invasion of privacy from spyware and adware, and significant financial and personal privacy loss due to identity theft and fraud. The National Cyber Security Alliance's 2019 Cybersecurity Awareness Month theme, "Own IT. Secure IT. Protect IT." emphasizes the role each individual plays in online safety and stresses the importance of taking proactive steps to enhance cybersecurity at home and in the workplace; and WHEREAS, Delaware's DigiKnow Campaign is aimed at increasing the understanding of cyber threats and empowering the public to be safer and more secure online. Maintaining the security of cyberspace is a shared responsibility in which each of us has a critical role, and awareness of computer security essentials will improve the security of the City of Dover information infrastructure and economy. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 2019 as CYBERSECURITY AWARENESS MONTH in the City of Dover and urge all citizens to learn about cyber security and put that knowledge into practice. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mr. Andy Siegel, IT Director. PROCLAMATION - FIRE PREVENTION WEEK The City Clerk read the following Proclamation into the record: WHEREAS, the City of Dover is committed to ensuring the safety and security of all those living in and visiting our City, and fire is a serious public safety concern both locally and nationally. The National Fire Protection Association's 2019 Fire Prevention Week theme, "Not Every Hero Wears a Cape. Plan and Practice Your Escape!" effectively serves to remind residents to take personal steps to increase fire safety; and WHEREAS, homes are the locations where people are at greatest risk from a fire. It is vital for residents to identify places in their homes where fires can start and eliminate those hazards, and have a planned and practiced home fire escape plan; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; therefore, residents should install smoke alarms in every sleeping room, outside each separate sleeping area,

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 4 and on every level of the home. Residents should listen for the sound of the smoke alarm and if it sounds, respond by going outside immediately to the designated meeting place. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 6 - 12, 2019 as FIRE PREVENTION WEEK in the City of Dover and urge all residents to be aware of their surroundings, look for available ways out in the event of a fire or other emergency, respond when the smoke alarm sounds by exiting the building immediately, and to support the many public safety activities and efforts of the City of Dover's fire emergency services. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Deputy Fire Chief O'Connor. PROCLAMATION - HALLOWEEN TRICK-OR-TREAT The City Clerk read the following Proclamation into the record: WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the observance of the Halloween Trick-or-Treat custom of emerging from their homes as ghosts, witches, princesses, cartoon characters, caped crusaders, or action heroes and traveling with friends and family door to door throughout the neighborhood to gather treats; and WHEREAS, parents are urged to join in the festivities by accompanying their children throughout their journeys in celebrating Halloween Trick-or-Treat and motorists are urged to drive with extra caution and to be ever watchful of our youngsters making their rounds; and WHEREAS, it is requested that residents indicate their willingness to welcome children by keeping their porch or exterior lights on and that youngsters call only on homes which are lighted. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim that the HALLOWEEN TRICK OR-TREAT observance be held on the 31st day of October 2019, between the hours of 6:00 p.m. and 8:00 p.m. in the City of Dover and urge all residents, both young and old, to make this a happy and safe occasion for our children. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Cole Warren and Rory Copple. Mayor Christiansen noted that Ms. Amber Luff, Cole and Rory’s mother, would be leaving her position in the City Clerk’s Office. He stated that she had done an exemplary job and that her smiling face would be missed. PROCLAMATION - RECOVERY MONTH The City Clerk read the following Proclamation into the record: WHEREAS, mental and substance use disorders affect all communities nationwide, but with commitment and support, people with these disorders can achieve healthy lifestyles and lead rewarding lives in recovery. By seeking help, people who experience mental and substance use

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 5 disorders can embark on a new path toward improved health and overall wellness. The focus of Recovery Month this September is to celebrate their journey with the theme "Join the Voices for Recovery: Together We Are Stronger" and to spread the message that treatment is effective, and people can and do recover every day; and WHEREAS, the impact of mental and substance use disorders is apparent in our local community. In 2017, 346 Delawareans died from drug overdoses and opioids accounted for 84% of the deaths and preliminary estimates for 2018 indicate 419 overdose deaths across the state, a 21% increase from 2017. In 2018, first responders administered 3,728 doses of naloxone, which is a 30% increase compared to 2,861 doses in 2017; and WHEREAS, through Recovery Month, people become more aware and able to recognize the signs of mental and substance use disorders, which can lead more people into needed treatment. Managing the effects of these conditions can help people achieve healthy lifestyles, both physically and emotionally; and WHEREAS, the Recovery Month observance continues to improve the lives of those affected by mental and substance use disorders by raising awareness of these diseases and educating communities about the prevention, treatment, and recovery resources that are available. Local resources include the City of Dover Police Department's ANGEL Program, and the State of Delaware's Help is Here program and, nationally, The Herren Project is an available resource. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim September 2019 as RECOVERY MONTH in the City of Dover and call upon our community to observe this month with compelling programs and events that support this year's Recovery Month theme "Join the Voices for Recovery: Together We Are Strong," and take a stand against substance abuse by participating in Delaware Goes Purple. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Reverend Carol Harris. ANNEXATION/REZONING OF PROPERTY LOCATED AT 2920 NORTH DUPONT HIGHWAY, OWNED BY NEWWIND PROPERTIES 2920 LLC Council President Hare advised members that this item was postponed during the Council meeting of July 22, 2019. Mr. David Hugg III, Director of Planning and Community Development, reviewed the Petition to Annex and Rezone property. The Planning Commission recommended the annexation of the property with the zoning designation of C-4 (Highway Commercial), as submitted. Public Hearing - Zoning Classification Members considered a request for rezoning of property proposed for annexation located at 2920 North Dupont Highway, consisting of 0.57 +/- acres, owned by NewWind Properties 2920 LLC. The property is currently zoned BG (General Business)(Kent County zoning classification) and the proposed zoning is C-4 (Highway Commercial)(City of Dover zoning classification).

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 6 A public hearing was duly advertised for this time and place to consider the rezoning of property located at 2920 North Dupont Highway. Council President Hare declared the public hearing open. There being no one present wishing to speak, Council President Hare declared the public hearing closed. Adoption of Annexation Resolution No. 2019-03 Members considered Annexation Resolution No. 2019-03 for property located at 2920 North Dupont Highway, owned by NewWind Properties 2920 LLC. By motion of Mr. Neil, seconded by Mr. Cole, Council, by a unanimous roll call vote (Anderson absent), adopted Resolution No. 2019-03, as follows: A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del.C.§ 101); and WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described, within the limits of the City of Dover; and WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all owners of all property considered for annexation, no election shall be required. For an annexation petition not requiring an election, such petition shall be processed in accordance with procedures established for amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All annexation petitions shall be processed concurrently with the rezoning of the property considered for annexation and shall be subject to public hearing before City Council. Public notice shall be completed in accordance with the provisions of the Dover Code relating to amendment of the zoning map. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, along with all adjacent paths, sidewalks, roadways, and rights-of-way in their entirety, shall be annexed to and included within the limits of the City of Dover: ALL those certain lot, piece or parcel of land with the improvements thereon erected situated in East Dover Hundred, Kent County, and State of Delaware, lying on the northeast intersection of Maxwell Street and U.S. Route #13, being bounded on the west by Route #13, on the north by lands of Lee F. Slaughter, Jr. on the east by lands of Carl F. McNatt and on the south by Maxwell Street and being more particularly

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 7 described in accordance with a survey by Earl D. Smith, Professional Land Surveyor, dated November 4, 1991, amended November 15, 1991, as follows, to-wit: BEGINNING at a pipe found at the intersection of the north line of Maxwell Street with the east line of U.S. Route #13; thence running from said point of Beginning with the east line of U.S. Route #13 North 40 deg. 00 min. West 200.00 feet to a concrete monument at a comer for this lot and for lands of Lee F. Slaughter, Jr.; thence running with said lands of Lee F. Slaughter, Jr. North 50 deg. 00 min. East 125.00 feet to a P.K. nail at a comer for this lot and lands of Carl F. McNatt; thence running with said lands of Carl F. McNatt South 40 deg. 00 min. East 200.00 feet to an electric pole in the north line of Maxwell Street; thence running with said north line of Maxwell Street South 50 deg. 00 min. West 125.00 feet to the point and place of Beginning and containing 25,000 square feet of land be the same more or less. TOGETHER with all of the party of the first part's right, title and interest, if any, in and to (I) any improvements thereupon, and (ii) any rights, alleys, ways, waters, privileges, appurtenances and advantages to the same, belonging or in any way appertaining (collectively, the "Real Estate"). The Real Estate is conveyed subject to all easements, conditions, restrictions, agreements and out-conveyances of record that lawfully apply to the Real Estate or any part thereof. BEING the same lands and premises which CKI, LLC, a Delaware limited liability company, by Deed dated March 18, 2003 and recorded May 8, 2003 in the Office of the Recorder of Deeds in and for Kent County, State of Delaware in Deed Book 537, Page 285, did grant and convey unto Realty Income Corporation, a Maryland corporation, in fee. 2. That the above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs then in force, effective upon such lands being included within the limits of the City of Dover. 3. That the certified copy of this resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County. 4. That the effective date of this resolution shall be the earlier of the 31st day of March, 2020 at 12:01a.m. or the date of the closing of the Permit issued by Kent County for the site development project as reported to the City of Dover Department of Planning and Inspections. ADOPTED: SEPTEMBER 23, 2019 Final Reading/Adoption of Rezoning Ordinance #2019-01 Members considered Ordinance #2019-01, rezoning property located at 2920 North Dupont Highway, owned by NewWind Properties 2920 LLC.

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 8 Mr. Neil moved that the Final Reading of Ordinance #2019-01 be acknowledged by title only, seconded by Mr. Cole and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of January 14, 2019.) Mr. Neil moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Cole and, by a unanimous roll call vote, Council adopted Ordinance #2019-01, 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 2920 NORTH DUPONT HIGHWAY 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 of property described below from BG - General Business (Kent County zoning classification) to C-4 - Highway Commercial (City of Dover zoning classification). 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 BG - General Business (Kent County zoning classification) to C-4 - Highway Commercial (City of Dover zoning classification) on that property located at 2920 North DuPont Highway (on the east side of North DuPont Highway and adjacent to the north side of Maxwell Street), consisting of 0.57+/- acres (25,000 S.F.), owned by NewWind Properties 2920 LLC. (TAX PARCEL: ED-00-057.02-01-08.00-000; PLANNING REFERENCE: AX-19-01; COUNCIL DISTRICT: 3) ADOPTED: SEPTEMBER 23, 2019 (The effective date of the City zoning classification of the property will be contingent upon the effective date of Resolution No. 2019-03 annexing the property into the City of Dover.) C O U N C I L CO MMI T T E E O F T H E WH O L E R E PO R T - SEPTEMBER 10, 2019 The Council Committee of the Whole met on September 10, 2019 at 6:01 p.m., with Council President Hare presiding. Members of Council present were Mr. Anderson, Mr. Sudler (arrived at 6:03 p.m.), Mr. Neil, Mr. Slavin, Mr. Cole, Mr. Polce, Mr. Taylor, and Mr. Lindell (arrived at 6:23 p.m.). Mayor Christiansen was also present (departed at 6:25 p.m.). Civilian members present for their Committee meetings were Mr. Caldwell and Col. Dix, Retired, (Parks, Recreation, and Community Enhancement), and Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration).

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 9 PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairman Anderson presiding. ADOPTION OF AGENDA Mr. Neil moved for approval of the agenda, seconded by Mr. Taylor and unanimously carried. Presentation - Dementia Friendly Delaware (Lindy Scott) Ms. Lindy Scott reviewed a presentation entitled "Dementia Friendly Delaware, Addressing a Growing Need in the State". Responding to Mr. Sudler, Ms. Scott advised that they were finalizing the training process but that it would only be about an hour long and could be done either in person or through the web. Mr. Caldwell asked if the training would involve family members as well. In response, Ms. Scott stated that they wanted to train City workers first and then there would be an outreach effort for caregivers as well. Mr. Neil thanked Ms. Scott and Lieutenant Governor Bethany Hall-Long for making healthcare issues a priority. Mr. Anderson indicated that he had some questions regarding how exactly the program would work and the different organization involved, and that he would contact Ms. Scott for additional information. Mr. Neil moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting. The motion was seconded by Mr. Taylor and unanimously carried. Meeting adjourned at 6:16 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Council President Hare presiding in the absence of Chairman Lindell, who assumed the Chair upon his arrival at 6:23 p.m. ADOPTION OF AGENDA Mr. Neil moved for approval of the agenda, seconded by Mr. Anderson and unanimously carried.

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 10 Public Hearing - Proposed Ordinance #2019-16 Amending Chapter 102 - Taxation of the Dover Code by inserting a new Article VII - Lodging Tax Mr. Neil read the following statement into the record: “The Mayor and I serve as the City's representatives on the Kent County Tourism Board. I have witnessed the renaissance of this Board since 2015 into a vibrant, moving forward force to bring visitors to Dover and Kent County. A look at Delaware's Quaint Villages, the Kent County Tourism website shows why more and more visitors have reasons to come and are coming here. I took the Certified Tourism Ambassador Training program and passed, which disproves the statement that "You Can't teach Old Dogs New Tricks." As the worse Lacrosse Player in the University of Maryland history, I love DE Turf because it brings a continuing flow of visitors to this area... but so does NASCAR, Firefly, College Graduations, Homecoming Football Games, the State Legislature, the Kent County Tourism outreach and the miscellaneous other reasons that bring people here. I do know that Hotel/Motel owners receive top dollar when demand is high. They also pay fees to booking agents if rooms are booked through those agencies including those with agreements with DE Turf... plus a fee if they have an agreement with DE Turf. Should we implement this Lodging Tax, they will NOT pay that tax nor will the City Taxpayers. It is a lot cheaper to pay the small additional fee than to pay for the gas to travel to New Castle or Sussex County to stay... and more convenient too. If the City uses this additional money for infrastructure, as I hope it will be used, then I regard this as a User Fee that currently falls solely on the City Taxpayers. Keep in mind, during the recession, much of the infrastructure, including machinery, was extended far beyond its life expectancy. The emergency repairs of these infrastructure items cost far more than scheduled replacement would cost. Since both the City and the County can levy this Tax, I certainly will seek a reasonable approach in the amount to set, but it will be implemented. City taxpayers deserve no less.” Mr. Hare declared the public hearing open. Mr. K.C. Sheth, 21 St. Annes Court, noted that he had been a City resident for 50 years, and had served on the City's Board of Adjustment for 27 years, and as former Chairman of the Board for Kent County Tourism. He expressed concern regarding the proposed lodging tax, explaining that it would negatively impact the hotel industry in the City, especially since property and school taxes were just

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 11 increased. Mr. Sheth stated that he thought that infrastructure was an issue for every resident of the City, so they should carry the burden equally. Mr. Victor Schimp, 163 Stonewater Way, stated that he had been a resident of Dover since 1969 and had worked in the hospitality industry since 1973, starting at the age of 14. He informed members that he had served as a former Chairman of the Delaware Hotel and Lodging Association, former Chairman of Kent County Tourism, and as former Chairman of the Central Delaware Chamber of Commerce, so he has a vested interest in the hotel industry, tourism, and business in general, and cannot sit idly by and watch the industry get hit with a potential 75% increase in public accommodations tax (PAT). He expressed concern regarding the adverse impact that a City and County lodging tax would have on the hotel industry. Mr. Schimp noted that he had heard talk regarding a slowdown approach to the tax increase of 1% or 1.5% and suggested that the legislation be rewritten with a 1% or 1.5% cap. Ms. Bessie Crain, 855 Townsend Boulevard, asked why a nonprofit organization was benefitting from this lodging tax and what the monies would be used to fund, noting that no one was providing any information. Responding, Mr. Lindell clarified that, in regard to a nonprofit organization benefitting, Kent County was considering a lodging tax which would go to DE Turf. He stated that the City was not part of that proposal. Mr. Lindell noted that he thought members planned to discuss what the proposed lodging taxes would fund following the public hearing. Mrs. Sara Herbert, 223 North Bradford Street, expressed concern regarding the proposed lodging tax. She referenced an article from the Delaware State News, indicating that if both the County and City measures are implemented, the lodging tax rate in the City of Dover limits would rise to 14%, making it the highest hotel tax in the state. She stated that she thought it was Council's job to protect businesses and not make it harder on them. Mrs. Herbert stated that it was her understanding that Kent County Levy Court would be the body to approve the countywide increase, and noted that she was hearing that the rate would be set at 1%, however, she did not trust it. She expressed concern that the County had not yet scheduled discussions regarding the tax and questioned why the City would set a tax rate and meet to discuss this matter on September 23, 2019 before they know what Kent County Levy Court is going to do. Mrs. Herbert explained that if the City and County both set lodging tax rates at 3%, then the rate will be up to at least 14%. She stated that she thought that a City tax should go to the City and no where else, noting that the City's downtown and infrastructure need work. Mrs. Herbert also expressed concern that the lodging tax legislation was pushed through the state legislature at the last minute and was unfair and poorly thought out, noting that DE Turf bragged about the fact that they were not going to use any tax money, and they are a nonprofit that has been making a profit. Mr. Sam Chick, 115 West Loockerman Street, expressed concern regarding the negative impacts the proposed lodging tax increase would have on the economy of Dover, noting that it would be an increase for the hoteliers because there is already

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 12 an 8% state lodging tax in Delaware. He indicated that the tax would not only impact hotel occupancy but all businesses, explaining that by taking the money through the lodging tax, it could not be spent in the City. Mr. Chick noted that he did not feel it was fair to impose another tax, especially since taxes were recently increased, but stated that he did not disagree with the principle that the City should get some lodging tax. He suggested that if the City wanted a lodging tax, they should go back to the General Assembly and ask them for a portion of the existing 8%. In response to Mr. Chick, Mr. Neil stated that the 8% that the state collects is divided among the counties for tourism uses, with the smallest portion going to Kent County and the largest to New Castle County. He noted that he did not think that the lodging tax would keep anyone from staying in Dover, explaining that they would have to stay somewhere if they want to see their child play at DE Turf. Responding, Mr. Chick stated that five-eighths of the state lodging tax goes to the General Fund, so there is plenty of money sitting there. He suggested that there are other ways to approach this than increasing taxes. Mr. Chick questioned why people would want to stay in or build a hotel in Dover if the taxes are higher in the City than they are in the surrounding County or any of the municipalities. He suggested that it would be better for Council to maintain what they have, explaining that he thought it would make the City more competitive for lodging and more hotels would be built here because it would be more of an economic advantage than the rest of the state. Mr. Joe Fitzgerald, speaking on behalf of the Delaware Hotel Lodging Association, expressed opposition to the tax increase and concern regarding the potential economic impact of the tax. He stated that the Delaware Hotel Lodging Association was very concerned about the manner in which the legislation was passed by the General Assembly. He explained that, while they were only enabling legislation for the City and County, he thought they still merited a committee hearing and should have gone through the regular process so stakeholders could have an opportunity to weigh in on how they thought these taxes would affect them. Mr. Schimp clarified that the 8% state PAT is currently allocated as follows: 5% to the General Fund, 1% to the State Tourism Office, 1% to beach replenishment, and 1% allocated to the three counties based on the proportion of lodging revenue. Mr. Hare noted that when the General Assembly passed the enabling legislation for New Castle and Sussex Counties, they stipulated that they could only tax unincorporated areas; however, the legislation for Kent County did not include that stipulation. He expressed concern that Kent County is not treated equally, noting that Kent County does not receive equal treatment regarding payment of in lieu of taxes (PILOT) either. Mr. Hare stated that he thought the County would implement a 3% lodging tax and if the City implements a 1.5% lodging tax, the City would have the lowest lodging tax in the state. He stated that the County's tax would all go to DE Turf, which he thought would guarantee no future property tax increases from the County, explaining that it would be difficult to raise taxes and give $1M to a nonprofit. Mr. Hare stated that the money collected from the City's lodging tax

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 13 would be used to help reduce expenses within the City, which would benefit everyone. Mr. Anderson moved to amend line 8 of Proposed Ordinance #2019-16 by inserting after rent, "starting with an initial rate of 1.5%." The motion was seconded by Mr. Neil. Responding to Mr. Contant, Mr. Anderson stated that the total revenue for a 1.5% lodging tax rate was still being projected and unknown, but the revenue projections would be approximately $350,000, plus or minus $50,000. Mr. Sudler stated that he thought it was apparent that the City's hoteliers would endure a financial hardship with the proposed lodging tax, and without stating how the City plans on utilizing the funds, he could not currently support any initiative for a lodging tax. Mr. Slavin stated that he was sensitive to the comments regarding the stacking of taxes, explaining that while it is a decision for the City to raise its own taxes, the City has a beneficial relationship with Kent County Levy Court and has always tried to have a peaceful coexistence, so he thought they needed to take that into account. He stated that he thought that any motion passed by the Committee should specifically state that any revenues raised go to infrastructure deferred maintenance in the City. Mr. Slavin also suggested that if the City were to set an initial rate of 1.5%, it should be stepped specifically in .5% increments over a period of time, to allow the ability to take the rate back down if needed. Mr. Anderson stated that he thought that the state lodging tax was basically an 11% tax now with the rates that had been set by the counties and municipalities. He explained that the Committee motion's would set a level, which he hoped would be an example to the county not to exceed. Mr. Anderson stated that since people had not stayed away from other places in the state that had implemented lodging taxes, he did not think they would stay away from Dover, since Dover is a place that tourists come and enjoy. He explained that he thought the motion was reasonable because it provides some measure of economic certainty. Mr. Anderson cautioned that if the City did not set a level now, it would leave the door open for the County to set a higher level, up to 3%, and he wanted the money to stay in the City to help make it a more economically vibrant place with better infrastructure and to keep taxes lower. Mr. Neil stated that it was very clear that the City's infrastructure was in need because the tax rate was kept so low during the recession and continued to be low for a long period of time, and any time there is an emergency repair required, it costs more. He explained that he did not think that the lodging tax would hurt the hotels, particularly if they are charging the maximum amount that they can because there are not enough rooms in the area for the people. Mr. Neil noted that the customers would be paying the tax, not the hotel, and they expect to pay it, like they do elsewhere. He stated that, at least they get a break in Delaware because there is no sales tax.

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 14 Mr. Contant stated that he is always cautious about raising taxes or creating new taxes, because he questions what will stop the government from doing it in the future to the detriment of the economy. He noted that while he disagreed with the way the General Assembly passed the legislation at the end of their session with the traditional committee process, he could see that some people are worried about it being a race to 3%. Mr. Contant indicated that he thought that if the City sets the precedent, it might make the County back off a little bit. He stated that he likes the idea of step increases, so that the City can see the impact over time, and that he would like to see that implemented as an amendment to the proposed ordinance. Mr. Hare noted that he had heard from some hoteliers that DE Turf often cancels events a few weeks out and hotels have to deal with large blocks of room reservations being cancelled. He suggested that DE Turf take some responsibility for the compensation of hotels when they cancel events. Mr. Hare also encouraged those who participated in the public hearing to also express their concerns to Kent County Levy Court. Mr. Cole indicated that he agreed with using the lodging tax revenue for infrastructure and that he also liked the idea of .5% step increases. Mr. Slavin stated that members could amend the motion on the floor or they could ask that the motion be withdrawn and a new motion be put on the floor. Mr. Anderson stated that he did not want to withdraw his motion because they need the certainty. He explained that he thought that the rate was fair and that it would be a huge mistake to do it otherwise because the City would not necessarily get enough revenue to accomplish its goals with a .5% tax. Mr. Anderson stated that he thought they would just be delaying the inevitable. Mr. Taylor stated that he did not think the .5% increments seemed to be enough at a time and Mr. Anderson's motion seemed to be fair; however, he was concerned for the local businesses because of the recent increases in school and property taxes. He stated that he could not support it as is. Mr. Polce referred to information he reviewed during the Committee meeting of July 9, 2019. He stated that the article titled "The Impact of the Hotel Room Tax: An Interrupted Time Series Approach," published in the National Tax Journal in December 1992, demonstrates the debate on the hotel or lodging tax in the early '90s and the propensity to sway a consumer's habit on a lodging tax. He also reviewed an article published in January 28, 2019 by the National Conference of State Legislatures (NCSL), noting that it demonstrates that no data can be borne out that a marginal increase could sway a consumer's behavior. Mr. Polce noted that the term "marginal" is really critical in this debate, in the fact that members have to decide what marginal is. He explained that the discussion throughout this process had led to a deliberate decision and members were now talking about a 1.5% rate which is $1.50 on $100, regardless of whether it is done as a step increase or implemented at

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 15 the time the ordinance is enacted. Referring to local hotel data from Travelocity on July 26, 2019, Mr. Polce stated that the cost of a room at Dover Downs was $198, and asked if members thought $1.98 would impact the consumer's decision whether or not to come to Dover. He noted that he had recently traveled to Dublin, Ireland where his lodging tax rate was 23% and he never considered spending time outside of Dublin as a result. Mr. Polce stated that individuals are drawn to Dover for DE Turf, NASCAR, Firefly, First Fridays, etc. and consumers determine what they are willing to pay, not the industry. Responding to Mr. Taylor's concerns regarding the recent tax increases, Mr. Polce stated that the citizens of Dover are bearing the City's decision regarding the property tax increase, and those living within the Capital School District are paying as a result of the referendum. He advised that members have to be mindful that each tax has implications and are coming from different funding sources and potential funding sources. Mr. Polce stated that he thought it was also important to keep in mind that research showed that the vast majority of hotel taxes are not coming from those who live within their same geographical hub. He expressed his opinion that the proposal was a very reasonable compromise. Mr. Lindell stated that he did not support a 3% lodging tax; however, the state legislature provided the City with enabling legislation allowing "up to 3%" and he indicated that he thought the City's legislation should remain consistent. He stated that he agreed with the suggestion that the tax should be implemented in increments and that he thought any revenue that comes of this definitely needs to go to infrastructure. Mr. Slavin reminded everyone that the Committee would send a recommendation to Council regarding the proposed ordinance and then Council would hold two readings, one in two weeks and one in four weeks, and at each of those occasions, there would be an opportunity for public input. He stated that they do business like that because they do not like to fight on the floor, explaining that they like to hear what the concerns are and then bring things to the floor once they have worked them out and hopefully they can achieve that compromise. Mr. Slavin expressed his opinion that members had carried this matter as far as they could, explaining that the Committee has the option to take the spirit of the dialogue and pass the matter onto Council without a recommendation and Council could then continue the dialogue in two weeks. He stated that hopefully in the two intervening weeks members would have time to sit down and work out a compromise, noting that he thought they had certainly exhibited an ability to move on this issue. Mr. Hare noted that no public hearings would be held regarding this matter during the Council meetings in two and four weeks. Responding, Mr. Slavin stated that Council can always vote to suspend the rules and have a public hearing. Mr. Hare indicated that the Committee could recommend that Council set a public hearing, however, he stated that he thought that they would hear a lot of the same comments.

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 16 Mr. Neil stated that after the vote was completed on the current motion, he would have a motion to designate the funds generated from this tax to go to the infrastructure. Mr. Hare advised members that the First Reading was already accomplished, so the Final Reading would be held during the meeting on September 23, 2019. The motion to amend line 8 of Proposed Ordinance #2019-16 by inserting after rent, "starting with an initial rate of 1.5%," failed by a roll call vote of seven no (Sudler, Slavin, Cole, Taylor, Lindell, Hare, and Contant) and four yes (Anderson, Neil, Polce, and Shevock). Mr. Slavin moved to advance Proposed Ordinance #2019-16 without any recommendation from the Committee and for a public hearing to be scheduled for the next Council meeting on September 23, 2019. The motion was seconded by Mr. Cole. Mr. Anderson reminded everyone that if no public hearing is scheduled for this particular matter, anyone wishing to speak about it can do so during the open forum segment of the Council meeting. The motion to advance Proposed Ordinance #2019-16 without any recommendation from the Committee and for a public hearing to be scheduled for the next Council meeting on September 23, 2019 was carried by a roll call vote of eight yes (Neil, Slavin, Cole, Polce, Taylor, Lindell, Shevock, and Contant) and three no (Anderson, Sudler, and Hare). 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. (A Public Hearing and Final Reading of the ordinance will take place during the latter part of the meeting.) Proposed Ordinance #2019-17 - Amending Appendix C - Downtown Redevelopment and Appendix D - Downtown Dover Business Improvement District (Sponsor: CCW/LF&A Committee) This matter was deferred during the Council Committee of the Whole/Legislative, Finance, and Administration Committee meeting of July 23, 2018. Mr. Slavin advised that credit for the introduction of this proposed ordinance was owed to Mr. Taylor, who, like many members of Council, expressed an interest in the status of the City's downtown. Mr. Slavin stated that this is a taxation issue, explaining that the Business Improvement District (BID) tax is levied against property owners within the very area the City is trying to revitalize, and it is levied in addition to property taxes. He reminded members that, two or three years ago, Council was successful in rolling the rate back to zero and had left it at zero. Mr. Slavin stated that he thought that the City should just eliminate this provision from the tax rules entirely, because it is not necessary at this point. He informed

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 17 members that he had repeatedly heard from downtown property and business owners that they felt that this tax was unfair to them because it was an additional property tax. Mr. Todd Stonesifer, 115 North State Street, advised members that he wants to see the downtown area revitalized and thrive, explaining that he has lots at stake as a property owner in the BID and President of Destination Downtown Dover, which is a nonprofit whose mission is to energize the heart of Delaware, which is Dover's downtown area. He stated that Destination Downtown Dover is responsible for a portion of First Fridays, as well as History, Heritage and Hops, and Oktoberfest, from which the funding all goes back into improvement of the downtown area. Mr. Stonesifer informed members that the biggest complaint he hears is in regard to building stock. He explained that economic development 101 says that if an individual who wants to open a business in downtown Dover has to bring a very outdated building up to current Code, pay property tax, and then pay a secondary BID tax, and will probably take their idea outside the BID. Mr. Stonesifer indicated that eliminating the BID tax would support the effort of trying to improve downtown Dover. He also suggested the possibility of implementing more incentives and educating people who have an interest in those incentives. Mr. Anderson stated that the City had implemented a number of incentives for downtown Dover, so it makes sense to also eliminate disincentives. He reminded members that Council had set the BID tax rate at zero the past couple of years, and he thought that the proposed ordinance would formalize that decision. Mr. Anderson noted that his only concern was in regard to any possible legal implications and, since he had yet to see any indication that there would be any unforeseen legal issues, he was in support of the proposed ordinance. Mr. Neil moved to recommend adoption of Proposed Ordinance #2019-17, seconded by Mr. Taylor and unanimously carried. 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. (The First Reading of the ordinance will take place during the latter part of the meeting.) Evaluation of Requests for Proposals - Collection Agency Services Mrs. Donna Mitchell, City Manager, reviewed the background and analysis regarding the evaluation of requests for proposals (RFPs) for Collection Agency Services. Staff recommended approval of IC System of St. Paul, MN for Collection Services and authorization for the City Manager to negotiate and sign a final agreement with IC System of St. Paul, MN for Collection Services. Fees are based on a percentage of revenue collected. Mrs. Mitchell advised that the collection agency adds an 18% fee to the amount of the collection; however, she suggested having Mr. Matt Harline, Assistant City

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 18 Manager, determine whether the City would get a better collection rate if they take the 18% out of the City's collection instead. She explained that the City would only get 82% on the dollar, instead of 100%; however, the City was not getting anything with the 18% add-on fee arrangement with the last collection agency. Mrs. Mitchell stated that she wanted Council's authorization to negotiate less than 100% in order to get a great collection, noting that she would not go below the 18% reduction. Responding to Mr. Polce, Mrs. Mitchell explained that the agency would still be collecting 100% of the debt; however, they would take their fee from the City instead of adding it onto what the customer already owes. She stated that she wanted to look at the analysis to determine if they would be able to collect more by doing it this way because they did not have much success with the previous agency which was adding on the customer fee. Mr. Contant stated that, based on his experience trying to collect money on behalf of his homeowners' association (HOA), the HOA found they were more successful in getting money from people when the HOA paid the collection agency fee out of the money collected instead of adding it onto the overall price. He explained, for example, that if someone owed $100, the collection agency fee would be paid from the $100 collected, instead of collecting $118. Mr. Contant stated that he thought that some people were just not willing to pay the additional amount, so they would not pay at all. Mr. Contant asked what the collection success rate is for ICS. Responding, Mrs. Patricia Marney, Customer Service Director, advised that they collected $11M in 2017 and $13M in 2018, noting that they have 700,000 accounts. She stated that she was not sure that answered Mr. Contant's question and that she would be happy to get that information. Mr. Contant stated that he would be interested in knowing that information; although, he noted that, according to the Staff Evaluation Matrix, he thought that it appeared that ICS met the rest of the City's criteria better than the other companies. Mr. Anderson expressed his support for Mrs. Mitchell having the authority to run an analysis. He stated that he thought that if they were dealing with people who were not paying, and then the amount changes once they agree to pay, it might psychologically take them back to not want to pay. Mr. Anderson noted that he could understand Mrs. Mitchell's interest in wanting to try another way, since the City tried it by adding on the fee and only got a 2% success rate, while the national average tends to be approximately 30% for collections. Mr. Sudler stated that Mrs. Mitchell had gained his trust in her insight because she has been accurate and precise when it comes to numbers and analogy in the past. He expressed his support and faith in Mrs. Mitchell's assessment. Mr. Taylor stated that Mrs. Mitchell also has his support. He noted that, as a business owner with approximately 4,000 customers, if he hired a collection agency and they got 50% of what was owed, that would be better than 100% of nothing.

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 19 Mr. Neil moved to recommend approval of staff's recommendation of IC System of St. Paul, MN for Collection Services, and authorization for the City Manager to negotiate and sign a final agreement with IC System of St. Paul, MN for Collection Services. Fees are based on a percentage of revenue collected. The motion was seconded by Mr. Sudler and unanimously carried. 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. Evaluation of Bids - FY 19 Street and Alley Program Mrs. Donna Mitchell, City Manager, reviewed the evaluation of bids for the FY 19 Street and Alley Program, noting that the program is based on Community Transportation Fund (CTF) funding, and is prevailing wage projects. She stated that Grassbusters Landscaping, Inc. was currently doing most of the work for the City, they had been doing a good job, and there had not been any problems. Mrs. Mitchell advised that these CTF funds would basically complete the remainder of the streets in the Lincoln Park development. Staff recommended awarding a unit price contract, based upon Bid #19-0024PW for the FY 19 Street & Alley Program to Grassbusters Landscaping, Inc. based on the Prevailing Wage unit prices for each work item submitted. The estimated value of the contract is $483,294. Work will be performed in strict accordance to the Bid Specifications. Mr. Sudler moved to recommend awarding a unit price contract, based upon Bid #19-0024PW for the FY 19 Street & Alley Program to Grassbusters Landscaping, Inc. based on the Prevailing Wage unit prices for each work item submitted. The estimated value of the contract is $483,294. Work will be performed in strict accordance to the Bid Specifications, as recommended by staff. The motion was seconded by Mr. Anderson and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee's recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote. Fiscal Year 2019/20 Edward Byrne Justice Assistance Grant Program - In-car Camera/Computer Systems and Interview Room System Upgrade Mrs. Donna Mitchell, City Manager, reviewed the background information regarding the Fiscal Year 2019/20 Edward Byrne Justice Assistance Grant Program. Staff recommended approval of the grant project, as requested. Responding to Mr. Sudler, Mrs. Mitchell explained her understanding that the Smyrna Police Department Mental Health Partnership Program was where a counselor rides along with the police officers for people with opioid issues. Mr. Polce advised that the Mental Health Partnership Program is a nationally recognized model where they embed a practitioner with a clinical background in

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 20 with the police to respond for intervention for individuals with either chronic persistent mental illness or substance use disorder. He stated that when the idea was originally pitched to the Dover Police Department, they decided to abstain and the monies were reappropriated to Smyrna. Mr. Polce noted that the initial concern was that the Dover Police Department did not have enough officers in the community policing division, which is where the embedded practitioner would best fit. He explained that the program is very successful in Smyrna and there are also programs in Oceanview, and Georgetown, and it was his understanding that Milford was also attempting to start a pilot program. In response to Mr. Sudler, Mr. Anderson stated that this is a joint grant application for Dover and Smyrna and each agency decides what to do with their funding. He explained that this partnership had been ongoing for many years and because Dover is the larger entity, it has the capacity to act as the administrative agent. Mr. Neil moved to recommend approval of the grant project, as requested. The motion was seconded by Mr. Anderson and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee's recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote. Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Shevock and unanimously carried. Meeting adjourned at 7:49 p.m. Mr. Neil moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Shevock and unanimously carried. Meeting adjourned at 7:50 p.m. 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. APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - ETHICS COMMISSION - FIVE-YEAR TERM - NANCY H. WAGNER (TO FILL THE EXPIRED TERM OF NANCY J. SHEVOCK - TERM TO EXPIRE JULY 31, 2024) Mayor Christiansen recommended the appointment of Nancy H. Wagner to the Ethics Commission for a five-year term to expire July 31, 2024 (to fill the expired term of Nancy J. Shevock). By consent agenda, Mr. Neil moved for approval of the appointment, as recommended by Mayor Christiansen. The motion was seconded by Mr. Lindell and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 21 PUBLIC HEARING/FINAL READING - ORDINANCE #2019-16 A public hearing was duly advertised for this time and place to consider approval of proposed amendments to Chapter 102 - Taxation of the Dover Code by inserting a new Article VII - Lodging Tax. Mr. Neil moved that the Final Reading of proposed Ordinance #2019-16 be acknowledged by title only, seconded by Mr. Lindell and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of July 22, 2019.) Council President Hare advised that the amendment imposes a local lodging tax of up to 3% of the cost of the rent, in addition to the amount imposed by the State and the County, for any room or rooms in a hotel, motel or tourist home, as defined in 30 Delaware Code section 6101, within the boundaries of the City of Dover. Council President Hare declared the hearing open. There being no one present wishing to speak during the public hearing, Council President Hare declared the hearing closed. Mr. Slavin advised that amendment language had been prepared which would establish the tax beginning, as recommended by Councilman Anderson, on July 1, 2020, at the rate of one-half of 1% for the balance of the calendar year 2020, and then the rate itself would be 1% for 2021 and 1 ½ % for subsequent years. The language also specifies that all of the lodging tax revenue that the City receives would be accounted for in a committed fund balance account to be used only for infrastructure. Mr. Slavin moved for adoption of the amendment, as presented. The motion was seconded by Mr. Neil. Mr. Anderson expressed concern that the amendment did not include an exclusion for displaced individuals who are using the lodging as their permanent home. Mr. Sudler advised that he would not be supporting any taxation or lodging tax initiative, believing that, based on his discussions with his constituents, it was not the right time. The motion for adoption of the amendment, as presented, was carried by a roll call vote of eight yes (Anderson, Neil, Slavin, Cole, Polce, Taylor, Lindell, and Hare) and one (1) no (Sudler). Mr. Polce moved for adoption of Ordinance #2019-16, as amended. The motion was seconded by Mr. Neil and, by a roll call vote of seven yes (Neil, Slavin, Cole, Polce, Taylor, Lindell, and Hare) and two (2) no (Anderson and Sudler), Council adopted Ordinance #2019-16, as follows:

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 22 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 102 - Taxation of the Dover Code be amended by inserting a new Article VII - Lodging Tax, as follows: ARTICLE VII - Lodging Tax Sec. 102-190. - Local lodging tax. (a) A local lodging tax is hereby levied of up to 3% of the cost of the rent, in addition to the amount imposed by the State and the County, for any room or rooms in a hotel, motel or tourist home, as defined in 30 Del. C. §6101, within the boundaries of the City of Dover. The tax will be implemented beginning July 1, 2020 at the rate of one half of 1% for 2020; 1% for 2021; and 1 ½% for subsequent years. (b) The local lodging tax, pursuant to this ordinance, is the responsibility of the occupant of the room and shall be collected at the time the rental is paid. Operators of the hotel, motel or tourist home are responsible for the collection of the local lodging tax and the remittance of the taxes to the City of Dover within 20 days after the end of each calendar month, in accordance with procedures established by the City Manager and using forms designated by the City Finance Department. The tax imposed shall be shown on the billing to the occupant as a separate and distinct item. (c) Lodging tax receipts will be accounted for in a Committed Fund Balance account to be used only for infrastructure. (d) No local lodging tax pursuant to this ordinance shall be collected for reservations or contracts for lodging executed or completed before July 1, 2020. ADOPTED: SEPTEMBER 23, 2019 FIRST READING - PROPOSED ORDINANCE #2019-17 Council President Hare reminded the public that copies of the proposed ordinance were available at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed ordinance will take place during the Council Meeting of October 14, 2019. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2019-17 AMENDING APPENDIX C - DOWNTOWN REDEVELOPMENT AND APPENDIX D - DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT

CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 23 CITY MANAGER'S ANNOUNCEMENTS Mrs. Donna Mitchell, City Manager, announced that OktDoverFest was scheduled for the following weekend. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Neil announced that September 29th would mark the start of Jewish New Year, 5780, and that Rosh Hashana begins with the High Holy days ending October 8th and 9th with Yom Kippur, the Day of Atonement. He wished the members of the Jewish faith in Dover, L'Shana Tova, Happy New Year, may you be inscribed in the Book of Life. Mr. Slavin announced that the sad news that came to Council members this week was twofold. One, that they were losing Ms. Amber Luff, as the mayor had mentioned, but also Ms. Denise Devine was leaving them for the private sector. He asked members to join him in thanking her for all of the work she has done for the City over the years. Mr. Anderson advised everyone who was interested in Delaware Goes Purple that Mr. Chris Herren would be one of the speakers and that it would be a great, free, event. He noted that free tickets could be obtained at Eventbrite. Mr. Hare wished Councilman Sudler a happy birthday on September 28th. Mr. Neil moved for adjournment, seconded by Mr. Sudler and unanimously carried. Meeting adjourned at 8:17 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of September 23, 2019, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\09-23-2019 Council Minutes.wpd