REGULAR

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on February 14, 2022 at 6:30 p.m. with Council President Sudler presiding. Council members present were Mr. Boggerty, Mr. Neil, Mrs. Arndt, Dr. Pillsbury (arrived via telephone at 6:45 p.m.), Mr. Rocha, Mr. Taylor, and Mr. Hare. Mr. Anderson was absent. Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Mrs. Melson- Williams, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to 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. There was no one present wishing to speak during the Open Forum. INVOCATION The invocation was given by Councilman Taylor. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council President Sudler. ADOPTION OF AGENDA Mr. Hare moved for adoption of the agenda, seconded by Mrs. Arndt and unanimously carried. ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Boggerty and carried by a unanimous roll call vote (Anderson absent). PRESENTATION - 2021 ANNUALL REPORT - DOWNTOWN DOVER PARTNERSHIP Ms. Diane Laird, Executive Director of the Downtown Dover Partnership, Ms. Tina Bradbury, Economic Development and Operation Manager, and Mr. Todd Stonesifer, President of the Downtown Dover Partnership Board, presented the 2021 Downtown Dover Partnership Annual Report. Mr. Neil complimented Ms. Laird, Mr. Stonesifer, and everyone at the Downtown Dover Partnership for their dedication.

CITY COUNCIL MEETING OF FEBRUARY 14, 2022 PAGE 2 Mr. Taylor thanked Ms. Laird and Mr. Stonesifer for their hard work. He then asked for the status of La Hacienda’s downtown location. Ms. Laird explained that La Hacienda was ready to go, however the State of Delaware required a new floor in the kitchen of the establishment. She is hopeful to see movement within a month. Mr. Taylor suggested that anytime there were these type of obstacles downtown, perhaps it was possible to handle it at the city level. Ms. Laird explained that she appreciated the support but that it was not a city concern at this point for La Hacienda. Mr. Boggerty asked Ms. Laird if the Schwartz Center, in conjunction with Delaware State University, was going to open for the public to use or rent soon. Following up, Mr. Boggerty asked if not soon, how far out it was from being open. Ms. Laird explained that it was too soon to say at this point. She further stated that they do have a plan to have several events at the Schwartz Center. Ms. Laird went on to state that there were some deferred maintenance conditions that have to be addressed and funding that needs to be raised so that it can be run by the University or transferred to an appropriate entity that can run it successfully. Mr. Boggerty followed up by asking about using the Duncan Center for small events and if it had normal usage for the public. He explained that he often has individuals inquiring about the availability of venues downtown that can be rented by the public. Ms. Laird explained that she was not certain about the Duncan Center being available for rent. Mr. Boggerty asked Ms. Laird if she had knowledge about other downtown businesses having issues with the State of Delaware Alcohol and Beverage Control licenses. Ms. Laird explained that there are not a lot of restaurants opening that need liquor licenses, but those who do are not seeing quick movement from the State of Delaware. Mr. Rocha asked about the plan in the downtown area and if any decisions were being made regarding the different types of businesses or if there was a plan to have a set number of restaurants, clothing stores, barber shops, etc. Ms. Laird explained that there was a community engagement process that begins by speaking to the stakeholders at all levels. She further explained that the engagement will also include an electronic survey that will go out broadly to the community and stakeholder groups. Ms. Laird stated a meeting would be held the following week to start designing the survey. Ms. Laird stated that in terms of specific types of businesses downtown it will be a combination of factors that go into the decision. She then explained that over the last several years they have compiled information and have created a top ten list of categories of businesses that they would like to see downtown. She stated the Black Swamp Artisanal Market coming downtown was the result of the market research and investigation. Ms. Laird explained that it is a combination of the data used that will show what businesses will be successful. She stated there are some great locations downtown for mixed use residential and commercial or retail. It is going to be an exploratory

CITY COUNCIL MEETING OF FEBRUARY 14, 2022 PAGE 3 process probably over the next two to three months. Ms. Laird noted that market analysis, community engagement, and planning will help it all come together. Mr. Neil moved for acceptance of the 2021 Annual Report for the Downtown Dover Partnership. The motion was seconded by Mr. Rocha and unanimously carried. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 24, 2022 The Minutes of the Regular Council Meeting of January 24, 2022 were unanimously approved by motion of Mr. Neil, seconded by Mrs. Arndt and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT - JANUARY 25, 2022 The Council Committee of the Whole Meeting was held by video conference on January 25, 2022 at 5:56 p.m., with Council President Sudler presiding. Members of Council present via video or telephone were Mr. Anderson, Mr. Boggerty, Mr. Neil, Mr. Hare, Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Dr. Pillsbury. Mayor Christiansen was also present. Civilian members present for their Committee meetings were, Ms. Jackson and Mr. Shelton (Safety Advisory and Transportation), Mr. McCutcheon (Utility), and Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration). Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Hare, and unanimously carried. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor, and unanimously carried. Annexation Request - 166 Mifflin Road, Owned by Ernestine Huff Ms. Dawn Melson-Williams, Interim Director of Planning and Community Development, reviewed the background and analysis regarding the annexation request. Responding to Mr. Sudler, Ms. Melson Williams stated that Category 1 is a high priority annexation area consisting of enclaves, meaning the properties, or that specific area, is totally surrounded by lands that are already within the City of Dover. In the case of 166 Mifflin Road, it is surrounded by lands that are in the city and this annexation will complete that portion of Mifflin Road. There are currently no specific incentives offered by the city to entice Category 1 areas into the city. A lot of the property owners seeking annexation do so either because their septic system is at its

CITY COUNCIL MEETING OF FEBRUARY 14, 2022 PAGE 4 life expectancy or they are interested in selling the property. Mrs. Melson-Williams advised, due to their proximity to municipal resources, the Delaware Department of Natural Resources and Environmental Control (DNREC) is less likely to allow for a new septic system to be installed. Responding to Mr. Sudler, Mr. Jason Lyon, Director of Water Wastewater, stated there is a $7,000 impact fee, which is the cost to connect the service to that property. He noted the cost is different for commercial and residential. The commercial cost is based on the number of fixed years and demand characteristics of the property. Mr. Lyon advised the cost of hiring a contractor to hook up water only can range between $1,000 and $5,000, depending on how far the contractor will have to go in the right-of-way to connect to the water line. In addition to the impact and contractor fees, if the property is on a state road, like Mifflin Road is, there may be additional costs related to traffic control that the Delaware Department of Transportation (DelDOT) may require. Mr. Lyon stated the sanitary sewer is more complicated due to its depth in some portions of the city, noting that the sanitary sewer can be upwards of 15 feet deep. He advised that it becomes a large excavation project for a contractor at that depth and those costs can be up to approximately $20,000 for just a sewer connection. Responding to Mr. Neil, Mr. Lyon stated the city provides payment plans for the impact fees; however, it does not provide payment plans for contractors because that is a third party and the city is not involved. Mr. Sudler stated he would like to look into ways to reduce the financial costs for their constituents, as well as look into constituents being double taxed by the county and city. Mr. Neil moved to recommend moving forward with the annexation of 166 Mifflin Road, as recommended by staff. The motion was seconded by Mr. Boggerty and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee's recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote (Anderson absent). Public Works Director and Director of Wastewater Reclassification Mr. David Hugg III, Interim City Manager, reviewed the background and analysis regarding the reclassification of Public Works Director and Director of Water Wastewater. Responding to Mr. Neil, Mr. Hugg stated that Public Works and Water Wastewater will remain two departments. Public Works will be responsible for sanitation, streets, and storm water and some of the engineering that falls under Public Works will now report to Water Wastewater.

CITY COUNCIL MEETING OF FEBRUARY 14, 2022 PAGE 5 Mr. Neil moved to recommend reclassification of the Public Works Director and Director of Wastewater, 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. Boggerty and carried by a unanimous roll call vote (Anderson absent). Mr. Neil moved for adjournment of the Utility Committee meeting, seconded by Mr. Anderson, and unanimously carried. Meeting adjourned at 6:20 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mrs. Arndt and unanimously carried. Evaluation of Bids - Diesel Powered Street Sweeper - Bid Number 22-0020PW Mr. Mark Nowak, Interim Public Works Director, reviewed the background and analysis regarding the evaluation of bid for the diesel powered street sweeper. Staff recommended awarding the contract to THC Enterprises, Inc. t/a Mid-Atlantic Waste Systems for the City of Dover 7.3 Cubic Yard Volumetric Capacity Street Sweeper #22-0020PW, for the amount of $268,452. Responding to Mrs. Arndt, Mr. Nowak stated water cannot be used if the temperature is below freezing because the water will freeze and damage the components of the sweeper. This model of street sweeper will allow the city to use the machine without water when the temperatures are below freezing. Mr. Hare moved to recommend approval of staff's recommendation, seconded by Mr. Boggerty and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee's recommendation to award the contract to THC Enterprises, Inc. t/a Mid-Atlantic Waste Systems for the City of Dover 7.3 Cubic Yard Volumetric Capacity Street Sweeper #22-0020PW, for the amount of $268,452. The motion was seconded by Mr. Boggerty and carried by a unanimous roll call vote (Anderson absent).

CITY COUNCIL MEETING OF FEBRUARY 14, 2022 PAGE 6 Booster Vaccine Incentive Mr. David Hugg III, Interim City Manager, reviewed the staff recommendation of a booster vaccine incentive brought forth by the COVID -19 Working Group. Staff recommended awarding four hours of administrative leave to staff who receive or have received the COVID-19 booster vaccine. Time must be approved for use by a Supervisor and used before June 30, 2022. Responding to Mr. Boggerty, Mr. Hugg confirmed this incentive is different from the COVID leave that is already in place. Currently staff who receives the vaccine and has side effects or tests positive for COVID-19 receive 40 hours of COVID leave. This incentive would be four hours of administrative leave for any staff that receive or have received the COVID-19 booster. Responding to Mr. Jonathan Contant, Civilian Committee Member, Mr. Hugg stated the effectiveness of the last campaign to receive the COVID-19 vaccine was not relevant. Many of the staff already received their vaccination prior to the start of the campaign. Responding to Mr. Sudler, Mr. Hugg stated there had been a significant number of positives and exposures across the city workforce. The number seemed to be trending down in the last week, but it has been in the triple digit range. Mr. Hugg advised that it had impacted their ability to carry out some functions, but he commended staff for jumping in and getting things done. He noted that staff had been very responsive to the guidelines and policies that have been put in place and that people are wearing masks, maintaining social distance and, in some cases, going back to virtual meetings to minimize the number of face to face contacts. Mr. Hugg went on to say people are still concerned about the pandemic, but feeling better. Mr. Hare moved to recommend approval of staff’s recommendation of awarding four hours of administrative leave to staff who receive or have received the COVID-19 booster vaccine. Time must be approved for use by a Supervisor and used before June 30, 2022. Additionally, Mr. Hare moved to recommend that any future staff recommendations regarding booster vaccination incentives be approved. The motion was seconded by Mr. Rocha and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee's recommendation, seconded by Mr. Boggerty and carried by a unanimous roll call vote (Anderson absent). Proposed Amendments to the City of Dover Charter Mr. Dave Hugg, Interim City Manager, reviewed the proposed amendments to the City of Dover Charter.

CITY COUNCIL MEETING OF FEBRUARY 14, 2022 PAGE 7 Referring to line 386, Mr. Neil stated that he would like to leave in the line that states “but no ordinance increasing the salary of the mayor or city council members shall become effective until the date of commencement of the terms of the mayor or council members elected at the next regular election.” He thought that line 386 becomes a check and a balance for the public. Mr. Neil stated the changes made to line 455 were very broad and he would like to have a legal opinion before moving forward. He agreed with striking the sidewalks section of the document, but questioned if Council should include the city being responsible for the Americans with Disabilities Act to reinforce the fact the city is following that. Mr. Contant agreed with Councilman Neil’s opposition to line 386, noting that it did serve as a check and balance. He stated he is not opposed to changing Council’s pay rate because it is low and has not been adjusted over time. Mr. Contant suggested if the Charter were to be changed, then determine a new base level of pay and tie it to an index that would automatically increase every year. Mr. Taylor agreed with Mr. Contant that Council’s salary should be tied to an index that is structured around attendance, increasing salaries to where they need to be in the beginning and then the index would apply for future pay increases. Mrs. Arndt reminded members that the background materials that Mr. Hugg had provided weeks and weeks ago mentioned that the provision at lines 388 and 389 was included in almost all of the municipal charters for the state. She suggested that it was pretty standard language for municipal charters in terms of the compensation not going into effect until after the next election. Mrs. Arndt advised that she would be in support of leaving that language in the charter. Mr. Anderson respectfully disagreed with the idea of not changing the charter regarding compensation. He noted that the documents provided by Mr. Hugg indicated that counties and some of the municipalities, including Georgetown and Wilmington, have this type of language in it. Mr. Anderson believed it had created a problem where the City has to play catch up every 20 years. He thought Council should set the authority for pay increases in the Charter and then set up a separate ordinance which establishes the different procedures. Mr. Anderson stated that he supports the amended charter as written. Mr. Sudler agreed with Mr. Anderson’s position on compensation. Referring to Section 44, Mr. Anderson stated he would like it to read that the budget must be presented by the last business day of May or on or before the fourth Monday in June. Noting the limit of 1/4 of one percent of taxable assessed value in Section 50, line 929, Mr. Anderson stated that the limit had been a stumbling block and requested Ms. Lori Peddicord, Controller/Treasurer, to look into the effect a change from 1/4 of one percent to one percent would have on the City’s bond rating.

CITY COUNCIL MEETING OF FEBRUARY 14, 2022 PAGE 8 Referring to Section 18, Mr. Anderson stated he would like to add a line around line 448 to include the regulation of rental properties. He advised that he would also like to clarify the city’s authority in other areas such as safe communities and land rental. Mayor Christiansen stated that he agreed with Councilman Neil, Councilwoman Arndt, and Mr. Contant and about leaving the provision in the Charter that increases not become effective until the next regular election. He believed it was imperative for the goodwill of the public that they represent on a daily basis, noting that it was important to have the confidence of the public. Mr. Sudler moved to recommend approval of the proposed amendments to the City of Dover Charter. The motion was seconded by Mr. Hare for discussion. Mr. Neil stated he was opposed to the motion on the floor and suggested that the items discussed at the meeting needed to be taken back to staff for further review. Mr. Anderson suggested that Section 53 be amended to indicate that the Police Chief be appointed by the mayor and confirmed by council. Mr. Sudler moved to rescind the motion for the sake of further discussion of the points that were brought forward. Mr. Neil moved to refer the proposed Charter amendments back to staff for consideration. 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. Boggerty and carried by a unanimous roll call vote. Mr. Shevock moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Contant and unanimously carried. Meeting adjourned at 7:13 p.m. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee met with Chairman Taylor presiding. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried.

CITY COUNCIL MEETING OF FEBRUARY 14, 2022 PAGE 9 Delaware State University Security Update Chief Bobby Cummings, Delaware State University, gave a brief update on Delaware State University Security and the goal of partnering with Dover Police Department. Safety Advisory and Transportation Committee Goals and Vision for 2022 Mr. Taylor reviewed a presentation of the Safety Advisory and Transportation Committee’s Goals and Vision for 2022. Mr. Sudler suggested that the city should partner with the state’s Historic Preservation Division to see if there is any state fund that could assist downtown business owners to upgrade their exterior and preserve historical features. Mr. Sudler stated he believed ordinances and restrictions for obtaining a liquor license or modifying a dwelling hinders businesses from coming downtown. Mr. Neil stated he appreciated Mr. Taylor’s presentation and noted that the Downtown Dover Partnership just awarded a contract to Mosaic that will bring the expertise that they do not have. Dr. Pillsbury volunteered to help Mr. Taylor and stated she had other ideas she would like to discuss. Mr. Neil moved for adjournment of the Safety Advisory and Transportation Committee meeting, seconded by Mr. Anderson and unanimously carried. Meeting adjourned at 8:00 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Neil and unanimously carried. Meeting adjourned at 8:00 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Boggerty and carried by a unanimous roll call vote (Anderson absent). MONTHLY REPORTS - DECEMBER 2021 By motion of Mr. Neil, seconded by Mr. Boggerty, the following monthly reports were accepted by consent agenda: City Assessor’s Report City Council’s Community Enhancement Fund Report City Manager’s Report City Planner’s Report Controller/Treasurer’s Budget Report Police Chief’s Report

CITY COUNCIL MEETING OF FEBRUARY 14, 2022 PAGE 10 CITY MANAGER'S ANNOUNCEMENTS Mr. David Hugg, III, City Manager, thanked Council members for the opportunity to serve as the City Manager. He stated that he looked forward to working closely with all of City Council as they work through the upcoming budget process and in putting together a diversity and inclusion plan going through the transformational leadership training process. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Taylor brought up the topic of Dover Interfaith Mission for Housing. He explained that at some point soon he would like to call a special meeting just to discuss Dover Interfaith. He stated that he has spoken to Ms. Jeanine Kleimo on several occasions, and he has asked Assistant City Manager Sharon Duca about how to get this process started. Mr. Taylor also stated that he would like to have a discussion on the police substation being placed downtown. He went on to explain that, in his opinion, one of the main reasons why there is not a lot of foot traffic is because people do not think it is safe downtown. He believes that perception should be dealt with head-on. Mr. Neil mentioned the passing of former City Councilman Irving Levitt. He explained that he did not know Mr. Levitt personally, however, he is occupying the same seat. He stated that Mr. Levitt had a lasting impact and, although he did not know him, that he has spoken to those who did know Mr. Levitt and they had very high praise. Mr. Sudler asked members of Council to observe a moment of silence for former Councilman Levitt. Mr. Boggerty congratulated City Manager Hugg on his appointment and acceptance of the position. He also recognized and thanked Councilman Rocha for doing a yeoman's job during the interview process and leading the search committee and thanked him for allowing him to serve on the search committee. Mr. Boggerty further stated that he remains a resource for the City Manager on topics such as Human Resources and Diversity, Equity, and Inclusion. He would be happy to lend his expertise in these areas. Mr. Neil moved for adjournment, seconded by Mr. Hare and unanimously carried. Meeting adjourned at 7:21 p.m. ANDRIA L. BENNETT CITY CLERK-SELECT

CITY COUNCIL MEETING OF FEBRUARY 14, 2022 PAGE 11 All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of February 14, 2022 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR AB/re/tm S:\AGENDAS-MINUTES-PACKETS\Council-Minutes\2022\02-14-2022 REGULAR.wpd