REGULAR COUNCIL

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on December 13, 2021 at 6:30 p.m. with Council President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty (via WebEx), Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare. Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Mrs. Melson- Williams, Mr. Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to commencement of the Official Council Meeting. Council President Sudler declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. Mr. Stephen Hall, 326 North Bradford Street, Dover, requested suggestions for helping the youth at General’s Way relocate their basketball court. He also thanked council members for their help, although he hadn’t accomplished all of his goals. Mr. Thomas Dix, 664 Independence Boulevard, Dover, suggested the city would be best served if leaves were picked up the day before garbage collection. Ms. Lachelle Paul, 55 Glenn Street, Dover, spoke about upholding ethical boundaries at all times in all matters. INVOCATION The invocation was given by Elder Ellis Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Taylor. ADOPTION OF AGENDA Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. OATH OF OFFICE ADMINISTERED BY THE HONORABLE JAMES G. MCGIFFIN, JR. - FAMILY COURT JUDGE The Honorable James G. McGiffin, Jr., Family Court, administered the Oath of Office to First District Councilwoman Julia Pillsbury. ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Rocha and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 2 CERTIFICATE OF APPRECIATION - BICYCLE FRIENDLY COMMITTEE-BRONZE STATUS The City Clerk read the following Certificate of Appreciation into the record: CERTIFICATE OF APPRECIATION presented to Anthony Aglio James Galvin Dave Moses Chris Asay Kathleen Grier Gerry Pennington Julia Beaty Cpt. Chris Hermance Frances Riddle LaWanda Burgoyne David Hugg Andy Seigel Lisa Chase James Hutchison Officer Anthony Smith Tremica Cherry-Wall Lt. Paul Kuntzi Marilyn Smith Carolyn Courtney Kate Layton Lori Speed Eddie Diaz Robert LaFountain Hon. Ralph Taylor John Fiori Jayce Lesniewski James Wilson Jason Lyon Thank you all for your efforts in helping the City of Dover achieve Bronze Status as a Bicycle Friendly Community from the League of American Bicyclists. December 13, 2021 Robin R. Christiansen Mayor On behalf of the Mayor, members of Council, and the citizens of Dover, Mayor Christiansen and Councilman Taylor presented the Certificate of Appreciation to the Bicycle Friendly Committee. CERTIFICATE OF RECOGNITION - JUDY DIOGO - CENTRAL DELAWARE CHAMBER OF COMMERCE The City Clerk read the following Certificate of Recognition into the record: WHEREAS, President Judy Diogo of the Central Delaware Chamber of Commerce is retiring after 17 years of exemplary service to Central Delaware. She has served as an advocate, ally, and champion for large and small businesses before the Dover City Council and in collaboration with the City of Dover; and WHEREAS, as President of the Central Delaware Chamber of Commerce, Judy has spent a great deal of time and energy organizing events and activities, encouraging job growth and business

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 3 expansion, contributing to the area's workforce and economic development, and partnering with area organizations in and around the City of Dover for the overall good of Central Delaware; and WHEREAS, under Judy's leadership and influence, the CDCC has prospered, experiencing significant membership growth, and strengthening its impact and voice in the Dover area business community by demonstrating that the 5-star nationally accredited Chamber is, without a doubt, THE essential resource for businesses in Central Delaware; and WHEREAS, the efforts of Judy and the CDCC had a significantly positive impact on the preservation of businesses throughout the recent global pandemic, as they were connected with much needed information and supplies; and WHEREAS, the CDCC is an integral part of TEAM Dover with the Dover Air Force Base and has won the Abilene Award four times, three of which under Judy's leadership; and WHEREAS, the work begun by President Diogo during her 17 years of service will continue to influence the future of Central Delaware for many years to come. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby award this Certificate of Recognition on December 13, 2021 to Judy Diogo and commend her for being an outstanding leader and role model who has unselfishly given to this community and extend sincere best wishes for continued success in her retirement. On behalf of the Mayor and Council, Mayor Christiansen presented the Certificate of Recognition to Ms. Diogo. Ms. Diogo thanked her colleagues and family members who have stood by her along the way, noting that it takes a village to make things happen. REQUEST FOR WITHDRAWAL OF REZONING APPLICATION - PROPOSED ORDINANCE #2021-25 - LANDS OF NEW BURTON STORAGE, LLC. AT 1427 NEW BURTON ROAD A public hearing was duly advertised for this time and place to consider rezoning of property located at 1427 New Burton Road (Lands of New Burton Storage, LLC), consisting of 1.0487 +/- acres, owned by New Burton Storage, LLC. The property is currently zoned C-1A (Limited Commercial Zone) and the proposed zoning is C-3 (Service Commercial Zone). Council President Sudler advised members that staff received a request from the property owner to withdraw the rezoning application. Mr. Hare moved for approval of the request to withdraw the rezoning application for property located at 1427 New Burton Road, owned by New Burton Storage, LLC. The motion was seconded by Mrs. Arndt and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 4 ANNEXATION/REZONING OF PROPERTY LOCATED AT RAYMOND STREET, RAILROAD AVENUE, AND GROVE STREET Mrs. Dawn Melson-Williams, Interim Director of Planning and Community Development, reviewed the Petition to Annex and Rezone property. The Planning Commission recommended in favor of the annexation. Public Hearing - Zoning Classification Members considered a request for Annexation Clarification Amending the Zoning Map of the City of Dover by Annexing the segments of right-of-way in the vicinity of Tax Parcels: ED-05-067.00-02- 53.00-000 and ED-05-067.00-02-56.00-000. The rights-of-way, known as portions of Raymond Street (aka Jason Street), Railroad Avenue, and Grove Street and identified on a plan titled "Plot of Land Belonging to The College Settlement Company," dated 1899, have a total area of 1.6791+/- acres. Annexation Areas: Area 1: Right-of-way segment of Raymond Street (aka Jason Street) from Mishoe Street to Railroad Avenue at the railroad corridor. Width of 35 feet. Area Size: 0.6447 acres +/- (28,084 SF); Area 2: Right-of-way segment of Railroad Avenue from Raymond Street and extending north approximately 1090.24 feet parallel to the railroad corridor. Width of 35 feet. Area Size 0.8737 acres +/- (38,057 SF); Area 3: Right-of-way segment of Grove Street from Raymond Street and extending north approximately 200 feet to previously abandoned portion of Grove Street. Width of 35 feet. Area Size: 0.1607 acres+/- (7,000SF) (Planning Reference: AX-21-04; Council District 4) A public hearing was duly advertised for this time and place to consider the rezoning of property located at Raymond Street, Railroad Avenue, and Grove Street owned by The College Settlement Company. Council President Sudler declared the public hearing open. There being no one present wishing to speak, Council President Sudler declared the public hearing closed. Adoption of Annexation Resolution No. 2021-26 Members considered Annexation Resolution No. 2020-26 for property located at Raymond Street, Railroad Avenue, and Grove Street, owned by The College Settlement. By motion of Mr. Neil, seconded by Mr. Rocha, Council, by a unanimous roll call vote, adopted Resolution No. 2021-26, 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

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 5 WHEREAS, the Mayor and Council, upon recommendation of the City Planner and Planning Commission, deem it to be in the best interest of the City of Dover to include these right-of-way areas within the limits of the City of Dover to reduce an enclave of the City boundary and to clarify portions of right-of-way that should have been annexed in the past with adjoining properties; 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: That the following described areas, 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: Raymond Street (Jason Street) ALL that certain piece, parcel, and tract of land lying and being situate in the East Dover Hundred, Kent County, Delaware and being a portion of the right- of-way for Raymond Street (aka Jason Street), lying between easterly right-of-way of Mishoe Street and the easterly right-of-way of Railroad Avenue as recorded on the plan titled "Plot of Land Belonging to The College Settlement Company", dated 1899 and recorded on Plot Book A, Page 85, and now being more particularly bounded and described by Pennoni Associates Inc. as follows: BEGINNING at a point on the southerly right-of-way of Raymond (Jason) Street (35' wide right-of- way) at its intersection with the easterly right-of-way of Railroad Avenue (35' wide right-of-way), said point also being at the northwesterly corner of Lot 168 of the aforesaid plan, thence crossing to the northerly right-of-way of Raymond (Jason) Street along the easterly right-of-way of Railroad Avenue and along the westerly terminus of Raymond (Jason) Street; North 34° 41' 03" West, 35.48' to a point on the northerly right-of- way of Raymond (Jason) Street, also being the southwesterly corner for Lot 202, thence along the northerly right-of-way of Raymond (Jason) Street and along Lot 202, crossing the southerly terminus of Grove Street (35' wide right-of-way), and Lots 189-196, inclusive, and an unplatted property; North 45° 55' 24" East, 799.19', more or less to a point, being at the intersection of the extension of the easterly right-of-way line of Mishoe Street (52'wide right- of-way), thence crossing to the aforesaid southerly right-of-way of Raymond (Jason) Street; South 45° 08' 14" East, 35.01' to a point on the southerly right-of-way of Raymond (Jason) Street, thence along the southerly right-of-way of Raymond (Jason) Street and crossing the northerly terminus of Mishoe Street and Lots 177-168, inclusive; South 45° 55' 24" West, 805.62', more or less, to the point and place of beginning, be the contents thereof what they may. Containing within this parcel 28,084 square feet or 0.6447 acres of land, more or less.

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 6 Railroad Avenue ALL that certain piece, parcel, and tract of land lying and being situate in the East Dover Hundred, Kent County, Delaware and being a portion of the right- of-way for Railroad Avenue, lying between southerly right-of-way of Raymond Street (aka Jason Street) and the northerly boundary of the land recorded on the plan titled "Plot of Land Belonging to The College Settlement Company", dated 1899 and recorded on Plot Book A, Page 85, and now being more particularly bounded and described by Pennoni Associates Inc. as follows: BEGINNING at a point on the easterly right-of-way of Railroad Avenue (35' wide right-of-way) at its intersection with the southerly right-of-way of Raymond (Jason) Street (35' wide right-of- way),said point also being at the northwesterly corner of Lot 168 of the aforesaid plan, thence along an extension of the southerly right-of-way of Raymond (Jason) Street and crossing to the westerly right-of-way of Railroad Avenue; South 45° 55' 24" West, 35.48' to a point on the westerly right-of- way of Railroad Avenue, said point along being on the easterly right-of-way of lands now or formerly of Delaware Railroad, thence along the westerly right-of-way of Railroad Avenue and the easterly right-of-way of lands now or formerly of Delaware Railroad); North 34° 41' 03" West, 1090.24, more or less to a point, thence crossing to the easterly right-of-way of Railroad Avenue; North 55° 19' 01" East, 35.00' to a point on the easterly right-of-way of Railroad Avenue, said point also being the northwesterly corner of Lot 215, thence along the easterly right-of-way of Railroad Avenue and Lot 215-202, inclusive, and crossing the westerly terminus of Raymond (Jason) Street; South 34° 41' 03" East, 1084.45', more or less, to the point and place of beginning, be the contents thereof what they may. Containing within this parcel 38,057 square feet or 0.8737 acres of land, more or less. Grove Street ALL that certain piece, parcel, and tract of land lying and being situate in the East Dover Hundred, Kent County, Delaware and being a portion of the right- of-way for Grove Street, lying between northerly right-of-way of Raymond Street (aka Jason Street) and a portion of Grove Street previously abandoned to adjoining lands, Grove Street as recorded on the plan titled "Plot of Land Belonging to The College Settlement Company", dated 1899 and recorded on Plot Book A, Page 85, and now being more particularly bounded and described by Pennoni Associates Inc. as follows: BEGINNING at a point on the westerly right-of-way of Grove Street (35' wide right-of-way) at its intersection with the northerly right-of-way of Raymond (Jason) Street (35' wide right-of-way), said point also being at the southeasterly corner Lot 202, 203, and a part of 204; North 33° 48' 55" West, 201.00', to a point, thence crossing to the easterly right-of-way of Grove Street; North 45° 55' 24" East, 35.57' to a point on the easterly right-of-way of Grove Street, said point also being the northwesterly corner of Lot 189, thence along the easterly right-of-way of Grove Street and the westerly side of Lot 189; South 33° 48' 55" East, 200.00' to a point on the northerly right- of-way of Raymond (Jason) Street, thence crossing to the westerly right-of- way of Grove Street along the northerly right-of-way of Raymond (Jason) Street and along the southerly terminus of Grove Street; South 45° 55' 24" 35.57'area to the point and place of beginning, be the contents thereof what they may. Containing within this parcel 7,000 square feet or 0.1607 acres of land, more or less.

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 7 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. That the certified copy of this resolution of annexation, together with a plot of the areas annexed, shall be filed for record with the Recorder of Deeds of Kent County. That the effective date of this resolution shall be the 14th day of December 2021 at 12:01 a.m. ADOPTED: December 13, 2021 Final Reading/Adoption of Rezoning Ordinance #2021-23 Member considered Ordinance #2021-23 rezoning property located on Raymond Street, Railroad Avenue, and Grove Street. Mr. Neil moved that the Final Reading of Ordinance #2021-23 be acknowledged by title only, seconded by Mr. Hare and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of October 11, 2021.) Mr. Neil moved for approval of the rezoning, as recommended by the Planning Commission. The motion was seconded by Mr. Anderson and, by a unanimous roll call vote, Council adopted Ordinance #2021-23, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY INCLUDING PROPERTY LOCATED AT RAYMOND STREET, RAILROAD AVENUE, AND GROVE STREET 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 add the property described below in the form of Improved and Unimproved Right-of-Way to the City of Dover Zoning Map; and WHEREAS, it is deemed that the land in question is Right-of-Way and therefore does not require a zoning classification be assigned. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That from and after the passage and approval of this ordinance the Zoning Map of the City of Dover has been amended by including Improved and Unimproved Right-of-Way on that property located at Raymond Street (aka Jason Street), Railroad Avenue, and Grove Street (Right-of-way located northeast of the intersection of College Road and the Lands of Delmarva Railroad) consisting of 1.6791 acres +/-.

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 8 (In the vicinity of Tax Parcels: ED-05-067.00-02-53.00-000 and ED-05-067.00-02-56.00-000; Planning Reference: 19 AX-21-04; Council District: 4) ADOPTED: December 13, 2021 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 22, 2021 The Minutes of the Regular Council Meeting of November 22, 2021 were unanimously approved by motion of Mr. Neil, seconded by Mr. Hare and bore the written approval of Mayor Christiansen. CO U N C I L C O M M I T T E E O F T H E WH O L E REPO RT - NOVEMBER 23, 2021 The Council Committee of the Whole Meeting was held on November 23, 2021 at 6:00 p.m. with Council President Sudler presiding. Members of Council present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Mrs. Arndt, Mr. Rocha, and Mr. Taylor. Mr. Hare was absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration) and Dr. Jackson-Short and Mr. Shelton (Safety Advisory and Transportation). LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Taylor moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Evaluation of Bids - Switchgear Building for Garrison Oak Technology & Business Park (GOTBP) Substation Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the Switchgear Building for Garrison Oak Technology & Business Park (GOTBP) Substation. He noted that they received five bids and, although Siemens was not the low bidder, their submission fully met the specifications and included commissioning in the price, which could provide a cost savings of $20,000 to $30,000 over the Anixter ABB bid. Staff recommended awarding RFP #22-0008EL for the switchgear building for Garrison Oak Technology & Business Park (GOTBP) substation to Siemens in the amount of $1,187,158. Mr. Boggerty moved to recommend approval of staff's recommendation, seconded by Mr. Neil and unanimously carried.

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 9 By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Rocha and carried by a unanimous roll call vote. Evaluation of Bids - Transformer for Garrison Oak Technology & Business Park (GOTBP) Substation Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the Transformer for Garrison Oak Technology & Business Park (GOTBP) Substation. Staff recommended awarding RFP #22-0009EL for the Transformer for Garrison Oak Technology & Business Park (GOTBP) Substation to Anixter (GE 1b) in the amount of $814,188. Responding to Mr. Contant, Mr. Waddell stated he was unsure where the money would be coming from. He had heard that there was cash on hand from previous management or that it may come from a reserve account. Responding to Mr. Sudler, Mr. Waddell stated Ms. Peddicord would have the answer to where the money was coming from. He noted that he did not have access to the software system that would show what account the funds would come from. Mr. Waddell stated he had been in talks with Ms. Peddicord and Mr. Dill and the typical process was to receive final approval for equipment from Council, then have a Purchase Order in hand and he would have to pay 10 percent up front. Responding to Mr. Contant, Mr. Waddell stated this was the fourth bid for this project and the total was $2.3M of a $7M budget. He noted that this would be considered major equipment that would require a lot of foundation work. Mr. Waddell advised that, once approval of the evaluation of bids was granted, it would go to the City's engineering contractor and they would provide plans for the construction side that would go out for bid. He stated that they were currently on budget with projected costs of equipment. Mr. Rocha moved to recommend awarding RFP #220009EL to Anixter (GE 1b) in the amount of $814,188, as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Rocha and carried by a unanimous roll call vote. Evaluation of Bids - LED Security Lights for City Lighting Upgrade Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the LED Security Lights for the City lighting upgrade. Staff recommended awarding RFP #22-0012EL to Denney Electric in the amount of $163,680.

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 10 Responding to Mr. Anderson, Mr. Waddell stated the LED Security Lights are 15-20 watt bulbs that would replace 1,550 conventional 100 watt bulbs, resulting in a financial savings to the City. Mr. Waddell stated that Denney Electric was the second lowest bidder and, although Irby was the lowest, they priced an incorrect photocell and, if corrected, it would have put Irby outside the total cost. Responding to Mr. Neil, Mr. Waddell stated the control center for communicating with the 618 lights was defective and another one has been ordered for replacement at no cost to the City. Responding to Mr. Sudler, Mr. Waddell stated the LED Security Lights went out for bid twice due to a clerical error on the part number. He advised that, after speaking with Mr. Wolfgang, he contacted the companies that had bid on the initial Request for Proposals (RFP) to let them know it was being retracted and re-released with the correct part number. Mr. Neil moved to recommend awarding RFP #22-001EL to Denney Electric, as recommended by staff. The motion was seconded by Mr. Shevock and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Rocha and carried by a unanimous roll call vote. Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mrs. Arndt and unanimously carried. Meeting adjourned at 6:17 p.m. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee met with Chairman Taylor presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mrs. Arndt and unanimously carried. Creation of an Ad - Hoc Committee to Discuss the Effects and Implementation of Proposed Ordinance #2021-26 - Creating a New Chapter 28 - Dawdling (Councilman Ralph Taylor, Jr.) Mr. Taylor, briefed Committee members on the creation of an ad-hoc committee to discuss the effects and implementation of Proposed Ordinance #2021-26, which would create a new Chapter 28 - Dawdling.

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 11 Responding to Mr. Taylor, Mr. Sudler stated he would recommend that members include the American Civil Liberties Union (ACLU), the National Association for the Advancement of Colored People (NAACP), a representative from Delaware State University, and the Interdenominational Ministerial Alliance (IMA) or any other faith-based religious organization that expressed interest in being on the committee. Ms. Leandra Casson Marshall, 3 Starboard Court, advised that she would like to join the committee representing herself and the Interdenominational Ministerial Alliance (IMA). Responding to Mr. Taylor, Mrs. Arndt stated that City Council was awaiting a legal opinion to determine if Council was moving forward with the ordinance as proposed. She suggested that before forming a committee or discussing how it should be implemented, Council members should await the legal opinion to see if the proposed ordinance could be implemented legally. Responding to Mr. Taylor, Mr. Sudler stated the synopsis of the legal opinion was to check with the ACLU and the community. Responding to Mr. Sudler, Mrs. Traci McDowell, Interim City Clerk, stated that she thought the discussion of the legal opinion would take place with Mr. Rodriguez, City Solicitor, in an executive session . She noted that this item was added to the agenda to discuss the formation of the Ad-Hoc Committee to work on the ordinance, with the assistance of the ACLU and other groups. Responding to Mr. Taylor, Mr. Neil stated that bringing in the ACLU and a lawyer associated with the NAACP to look at the ordinance was a good idea. He noted that the purpose of the committee was to un-demonize something that was needed. Mr. Neil advised that the ordinance would not add a criminal aspect to a person, only a fine. He stated that the City of Dover was being hurt by what was happening in the downtown area, businesses are drying up, and people do not want to visit the downtown. Responding to Mr. Taylor, Mr. Boggerty stated he was looking forward to serving on the committee and would keep an open mind and come to a resolution that does not appear to target anyone. Mr. Boggerty advised that he was also a member of the Downtown Dover Partnership Committee on Safety and Advisory and the issues with downtown businesses at a certain point had nothing to do with people feeling it was dangerous, it had to do with the economy, sustainability, and parking. Responding to Mr. Taylor, Dr. Jackson stated it was important to look at who was being targeted and who was creating the issues and then identify ways to help resolve the issues before looking into creating an ordinance. Dr. Jackson advised that she suggested the formation of an ad-hoc committee to discuss the ordinance and noted that, until they received all the information, they were moving blindly.

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 12 Responding to Mr. Taylor, Mr. Shelton stated that it was important to understand how this would benefit the City of Dover and to get people involved. He noted that he would like to involve students from Delaware State University or a Dover High School Student to have them discuss what was going to provide a better understanding; however, he suggested understanding the legal ramification before moving forward. Reverend Rita Paige, 355 Rita Wilma Road, advised that she would like to serve on the committee to represent the IMA Social Action Committee. Responding to Mr. Taylor, Mr. Neil stated that the Police Department would be able to advise them about who is creating the disturbances. Responding to Mr. Taylor, Mr. Boggerty stated that adding an addendum to the nuisance ordinance to hold businesses accountable for the actions of the people in and around their businesses at a certain time could solve some of the problems. He noted that every other business around Dover that has had a nuisance issue had been closed or has taken appropriate action to resolve the issues. Mr. Michael Hermann, 14697 John Peel Road, Galena, Maryland stated that he agreed with Mr. Shelton that representatives of this committee should reflect the population they were trying to target. Mr. Sudler stated that in 2018 they spoke with the community, the Department of Justice, Alcohol Tobacco and Firearms (ATF), and the Mayor's Office to look at their nuisance laws and did adjust the ordinance. He advised that, if a business was negligent and knew that their patrons were not in compliance with the rules and regulations, they would be fined $1000. Dr. Jackson stated that she was present for the discussion in 2018 and she agreed with Mr. Sudler. She also stated that until they could identify the people involved they could not bring them to the table. Mr. Anderson moved to recommend tabling Creation of an Ad-Hoc Committee to Discuss the Effects and Implementation of Proposed Ordinance #2021 - 26 - Creating a New Chapter 28 - Dawdling until the January Safety Advisory and Transportation Committee meeting. The motion was seconded by Mr. Neil and unanimously carried. (City Clerk’s Office Note: This item was removed from the Consent Agenda and considered during the latter part of the meeting.) Mr. Neil moved for adjournment of the Safety Advisory and Transportation Committee meeting, seconded by Mr. Rocha and unanimously carried. Meeting adjourned at 7:01 p.m. Mr. Neil moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Rocha and unanimously carried.

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 13 Meeting adjourned at 7:02 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Rocha and carried by a unanimous roll call vote. MONTHLY REPORTS - October 2021 By motion of Mr. Neil, seconded by Mr. Rocha, the following monthly reports were accepted by consent agenda: City Assessor’s Report City Council’s Community Enhancement Fund Report City Manager’s Report City Planner’s Report Controller/Treasurer’s Budget Report Fire Chief’s Report Police Chief’s Report APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - ETHICS COMMISSION - BRANDY M. WALKER (TO FILL THE EXPIRED TERM OF GARY COY) TERM TO EXPIRE JULY 2025 Mayor Christiansen requested the appointment of Brandy M. Walker to the Ethics Commission for a five-year term to expire July 2025. By consent agenda, Mr. Neil moved for approval of the appointment of Brandy M. Walker, as recommended by Mayor Christiansen. The motion was seconded by Mr. Rocha and carried by a unanimous roll call vote. RECONSIDERATION - DEVELOPMENT OF DAWDLING ORDINANCE (CREATION OF AN AD-HOC COMMITTEE TO DISCUSS THE EFFECTS AND IMPLEMENTATION OF PROPOSED ORDINANCE #2021-26 - CREATING A NEW CHAPTER 28 - DAWDLING (COUNCILMAN RALPH TAYLOR, JR.) During their Regular Meeting of October 26, 2021, members of the Council Committee of the Whole/Safety Advisory and Transportation Committee considered Ordinance #2021-26 Creating a New Chapter 28 - Dawdling. The Ordinance was tabled by the Committee at that time. During their Regular Meeting of November 23, 2021, members of the Council Committee of the Whole/Safety Advisory and Transportation Committee considered development of a dawdling ordinance (creation of an ad-hoc committee to discuss the effects and implementation of proposed ordinance #2021-26 - creating a new chapter 28 - dawdling). The Committee recommended tabling the creation of an ad-hoc committee to discuss the effects and implementation of Proposed Ordinance #2021 - 26 - Creating a New Chapter 28 - Dawdling until the January Safety Advisory and Transportation Committee meeting. Mr. Taylor said he believes that openly discussing Dawdling prior to any legal opinion and any real in-depth conversation was a mistake and it led to some conversations that were incomplete and

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 14 inaccurate. He explained that now was their opportunity to fix some things; however, a large number of citizens have expressed their displeasure with the proposal. Council listened to the citizens and decided that rather than attempt to create an ad-hoc committee to discuss exactly what the dawdling ordinance was designed to do, it would review the current loitering ordinance as a community to determine how to enforce the ordinance, but leave every citizen with their dignity. Mr. Taylor suggested that anyone who wanted to be a part of the ad-hoc committee should apply online at the City’s website. Council President Sudler advised members that the current recommendation was to discontinue discussion of Ordinance #2021-26, Dawdling. Mr. Rocha asked if discontinuing the conversation about dawdling meant dissolving the bill and starting from scratch. He requested more clarification. Mr. Taylor stated that some of the dawdling language is similar to the loitering language; however, they will not pursue the dawdling ordinance. Mr. Sudler clarified that they would be setting aside, vacating, and abandoning discussion of the dawdling ordinance and not revisiting it. Mr. Rocha moved to officially abandon Proposed Ordinance #2021-26 - Dawdling and allow the ad-hoc committee under the leadership of Councilman Taylor to review the current loitering ordinances on the books for update. The motion was seconded by Mr. Anderson and carried by a unanimous roll call vote. Mr. Boggerty, noting that the loitering ordinance pertains to parks and recreation, requested to co- chair the ad-hoc committee. Mr. Taylor agreed and thanked Mr. Boggerty for his assistance. INTERIM CITY MANAGER'S ANNOUNCEMENTS None. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Taylor extended prayers to the Daisey family. He expressed how much Mr. Daisey meant to him. Mr. Taylor also expressed his gratitude to Ms. Faye White for the invitation to speak at Luther Village. He also spoke about how the river walk was progressing nicely and how he believes it will be an incredible community effort. During announcements Mr. Taylor suggested the following: • Moving Council members’ remarks from the end of the meeting to an item after the Pledge of Allegiance • Modifying the agenda to add elected official’s comments or updates. • Suggested Council Committee of the Whole Meetings should be offered via Facebook Live to allow real time communication with constituents. Mr. Anderson wished everyone a Happy Holiday. He also extended condolences to the Daisey

CITY COUNCIL MEETING OF DECEMBER 13, 2021 PAGE 15 family. He thanked the members of all the neighborhood watch associations for their dedication. Mr. Anderson also reminded residents that Dover Police Department provides a vacation watch list service that allows homes to be monitored by police on patrol in the city while the resident is on vacation. Mr. Hare introduced and congratulated Ms. Andria Bennett on being hired as the new City Clerk- Select. Council President Sudler welcomed Ms. Bennett to the City of Dover family. He also announced that there will be no meetings on December 27 or 28th. Mr. Sudler wished Councilman Boggerty and Councilman Rocha a happy birthday. He also wished a Merry Christmas and a Happy New Year to all Dover constituents and neighboring municipalities. Dr. Pillsbury thanked everyone and said she was honored to be there, noting that she was really looking forward to her term on City Council. Mr. Hare moved for adjournment, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 7:25 p.m. TRACI A. McDOWELL INTERIM CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of December 13, 2021 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR