REGULAR

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held by video conference on February 28, 2022 at 6:30 p.m. with Council President Sudler presiding. Council members present via video or telephone were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mrs. Arndt (departed at 7:29 p.m. and returned at 7:31 p.m.), Mr. Rocha, Mr. Taylor, and Mr. Hare. Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg (arrived at 6:42 p.m.), Mrs. Melson-Williams, Chief Carey, Mr. Junge, and Ms. Bennett. Mayor Christiansen was absent. 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 were no members of the public that wished to speak during the Open Forum. INVOCATION The invocation was given by Elder Ellis Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Boggerty. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha 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. Rocha and carried by a unanimous roll call vote. PRESENTATION - 2021 DOVER FIRE DEPARTMENT ANNUAL REPORT Dover Fire Chief David Carey reviewed a Power Point presentation depicting highlights of the 2021 Annual Report for the Dover Fire Department. Responding to Mr. Anderson, Chief Carey stated that there were no serious injuries in 2021 and that members sustained minor injuries that they handled on their own. Responding to Mr. Anderson, Chief Carey explained they have talked about reaching out to Delaware Technical and Community College and Delaware State University about doing recruitment through their programs. He stated that Delaware Technical and Community College has a Paramedic

CITY COUNCIL MEETING OF FEBRUARY 28, 2022 PAGE 2 Program, as well as the Homeland Security Program. Chief Carey further explained that the Dover Fire Department has not reached that phase of recruitment, and he hopes to this year. The goal this year is to reach out to the area high schools. He stated that they used to go to local high schools every year, but with COVID that stopped. Responding to Mr. Anderson, Chief Carey stated that the bunk rooms at each station were $325,000 and the combined total was $650,000. The funding was provided through the state appropriations of the county money received and funded through donations received from the mailers sent out once a year. Chief Carey advised that it was at no cost to the City of Dover. He explained that they asked the city to waive the permit fees for the renovation because of being a volunteer organization and the fire department for the City of Dover but they asked for no money for the renovation. Responding to Mr. Neil, Chief Carey explained that over pressure is linked to a computer program, but it has to do with over pressurization of containers. He stated that if they go to a gas leak and it comes out to be that the system was over pressurized and it was released into the atmosphere there are relief valves on a gas line or on a propane tank that would release the excess gas into the atmosphere. Responding to Mr. Rocha, Chief Carey explained that there is a total of 213 members on the current roster, however only 44 are now active. He further explained that active means they make over 125 calls a year keeping their membership status. As a new member coming in, you need to make 125 calls a year to move on through the membership status. There are approximately 80 members that have ridden a fire truck in the past year, that could be one call or a thousand calls. However, there are only 44 active members. Responding to Mr. Rocha, Chief Carey explained that when referring to the 213, there are members that do not respond any longer. He gave the example of his father. He still comes to the firehouse, however, he does not ride the apparatus anymore. Chief Carey advised that the members do get the notification, but they do not ride fire apparatus any longer because their ability to perform the job is not quite what it used to be. Responding to Mr. Rocha, Chief Carey stated that if they had 60 to 65 volunteers that made 125 calls a year, he believes they would be doing well. He further explained that it is causing a strain on the active members. Chief Carey noted that the members attend training every Tuesday night and they are also training on the weekends to learn new information to become better firefighters, on top of responding to calls every day. Responding to Dr. Pillsbury, Chief Carey explained that if Dover was a paid fire department there would be shifts. Most paid departments run off of 4 shifts and it would take probably between 100 to 160 firefighters. He noted that it would cost roughly $14 or $15 million to have a paid fire department in the City of Dover. Responding to Dr. Pillsbury, Chief Carey stated that the City of Dover gives a contribution to the Fire Department in the amount of $360,000 a year. The donation is applied to the maintenance of

CITY COUNCIL MEETING OF FEBRUARY 28, 2022 PAGE 3 the fire apparatus and also funds half of the turnout gear. The City of Dover purchases half of that a gear for the firefighters and does maintenance on their air packs. Air tanks are what the firefighters wear on their back to go inside buildings and the rescue tools that are used on scene. Responding to Dr. Pillsbury, Chief Carey explained that with everything that the City does for the fire department now, including giving the yearly contribution, staffing five dispatchers and an administrative assistant at the Fire Department daily, the City's investment to the Fire Department is approximately 1.5 million. The City also pays the truck payments on the fire apparatus. An average fire truck, like the ladder truck in the slide show, that's a $1.8 million fire truck. It is an investment for the City of Dover to provide the citizens the best apparatus possible for the volunteer firefighters to do their job and to help them. He could not give a definitive answer, but stated it would not be what you would pay for a paid fire department. Chief Carey told council they are more than welcome to visit the fire department at any time. He told them to let him know and he will meet them at the Firehouse and do a walk through and show them the apparatus. He also said that they are planning an orientation night for City Council and area elected officials to have them attend the fire school to put on gear to better understand what firefighters go through and why they make some of the requests. Responding to Mr. Boggerty, Chief Carey explained that the Little Creek fire was very close to several of those at the Fire Department. He stated that all of the Dover firefighters that were there touched one of those victims at some point during the rescue. Whether it had been pulling the person out of the window, doing CPR on the roof of the porch, or taking them down the ladder and running them to an ambulance. He further explained that firefighters from Dover played a role in every part of the Little Creek fire. Responding to Mr. Boggerty, Chief Carey stated that the Chief called in St. Francis's Critical Incident Stress Management (CISM) team and a crisis intervention team to talk to several members during the Little Creek fire. They all met as a group afterwards and they provided some assistance. Chief Carey advised that the State of Delaware has a Critical Incident Stress Management (CISM) team as well that the department can utilize. He noted that all the fire companies, EMS workers, nurses, and the doctor that worked on the patients attended a meeting with CISM team at the Dover Police Department. They had a very good discussion and then they were broken down into groups by departments and had someone talk to them as well. Responding to Mr. Hare, Chief Carey stated that Delaware State University (DSU) has the most false alarms. He advised that the school had four the day before but none that day at DSU. Some of the alarms are from commercial businesses throughout the city. The Fire Marshal's Office is working hard on trying to get this resolved, but they need some help to push the issue and get things fixed. They are doing the best job that they possibly can to help. Responding to Mr. Taylor, Chief Carey explained how alarms are handled at the school, noting that Delaware State University’s police do check the buildings. He noted that there are some instances where they are not sure what is going on and they need the Fire Department on the scene. He further

CITY COUNCIL MEETING OF FEBRUARY 28, 2022 PAGE 4 explained that if they get there and they have smoke in the building, the firefighters automatically go. Responding to Dr. Pillsbury, Chief Carey stated that a fine is assessed through the City Fire Marshal’s Office, in accordance with the Dover Code. He advised that the amount was just increased and he thought it was $300.00; however, he was not certain. Responding to Dr. Pillsbury, Chief Carey explained that the City Fire Marshal’s Office issues a fine after three incidences. He further explained that after you have three false alarms, then you get your first fine and then every instance thereafter the fine amount increases, capping at $500.00. Chief Carey advised that the money goes to the City of Dover General Fund. Responding to Dr. Pillsbury, Chief Carey stated that he did not know the answer to whether or not Delaware State University students were being held accountable for false alarms, but he would find out and get back to Dr. Pillsbury. Responding to Dr. Pillsbury, Chief Carey explained that some of the calls that they respond to at Delaware State University are burnt food in a microwave, and another is when students are using a curling iron and somehow their hair smokes and sets the smoke detector off. Responding to Mr. Sudler, Chief Carey explained that if the smoke detector goes off because there is smoke, that is not a false alarm. The detector's actually acting as it is supposed to. A false alarm is if the smoke detector activates for no reason. Responding to Mr. Sudler, Chief Carey advised that if someone pulled the fire alarm and ran, that would be a malicious alarm. A false alarm would be the smoke detector in the ceiling just went off for no reason and activated the fire alarm. Chief Carey stated that sometimes it is caused by dust that gets into the smoke detector over time due to the lack of maintenance. He also noted that spider webs can get into smoked detectors causing the photoelectric eye inside the smoke detector to think it is smoke and activate the fire alarm. Chief Carey explained that is caused by a lack of maintenance and cleaning of the systems and he recommended annual cleaning. Responding to Mr. Sudler, Chief Carey stated that in the past they have used survey monkey. He went on to explain that in the past couple years, and this past December, they used a survey for training. They asked what the firefighters would like to see when it comes to training, what have they done too much of, what they would like to see more of, and what training would interest them in the future. Responding to Mr. Sudler, Chief Carey explained that the training survey was the first they have done through Microsoft Teams and it worked out well and the fire department is transitioning to Microsoft teams. Responding to Mr. Sudler, Chief Carey explained that he did have someone on the Diversity, Equity and Inclusion committee but that person left and is now working in the Code Enforcement

CITY COUNCIL MEETING OF FEBRUARY 28, 2022 PAGE 5 Department. Responding to Mr. Sudler, Chief Carey explained that they treat everyone equally and everyone is provided the same training and the same opportunities. It does not matter how old the person is, or where they came from. The fire department needs hands and bodies to help perform the job. Responding to Mr. Sudler, Chief Carey stated that they have eight women who are active. Mr. Hare moved to accept the 2021 Dover Fire Department Annual Report, seconded by Mr. Neil and unanimously carried. PRESENTATION - 2021 PLANNING AND INSPECTIONS ANNUAL REPORT Mrs. Dawn Melson-Williams, Interim Planning and Community Development Director, reviewed a Power Point presentation depicting highlights of the 2021 Annual Report for the Planning and Inspections Department (Exhibit #1). Mr. Hugg commended the Planning and Inspections staff for all the work that they had done during the year while he was in the department. He stated that something that Mrs. Melson-Williams did bit fully touch on was how valuable the planning staff is in the economic development and business recruitment efforts. Mr. Hugg stated that they provide information, mapping, and zoning information. Responding to Mr. Neil, Mrs. Melson-Williams explained that the estimated number of vacant buildings is 160. She went on to say that vacant buildings can be a dynamic number in that if they become occupied, then they are no longer on the vacant building list. The number registered in a calendar year does not necessarily mean that they are still vacant as of January 1st the next year because there is some fluctuation with vacancies. Mrs. Melson-Williams stated that she would look for more hard, detailed numbers. There are some vacant buildings that have been vacant for a significant period of time and there is a vacant building fee that impacts the owner. Mrs. Melson- Williams noted that there may be some that are just recently vacant that have been recently registered on that list, but she would get more information Responding to Mr. Taylor, Mrs. Melson-Williams explained that EV charging stations are a new piece of technology coming on the scene, but the City code currently does not have that as a requirement. The planning staff have been encouraging EV charging stations in new development projects by asking, have you looked at them, are they planning for that infrastructure. There are jurisdictions that have made that a part of their code requirements and there are building code revisions that also make EV a requirement in new construction to some level. Mrs. Melson-Williams advised that it is certainly something that the Planning Department thinks the City needs to be looking at, given the percentage of the various part manufacturers who are striving to meet certain percentages in the not so distant future. She advised that the Planning Department would love to have a hybrid or an EV vehicle as part of their fleet. She also noted that there are several staff members in the Planning Department that have a hybrid or EV vehicle as personal vehicles. Mrs. Melson-Williams stated that the population is moving in that direction and the City certainly wants

CITY COUNCIL MEETING OF FEBRUARY 28, 2022 PAGE 6 to be prepared whether it is in a public setting where they can make use of a charging station or whether they would like to do that at home to make sure that the electric infrastructure serving their home can also handle it as well. Responding to Mr. Rocha, Mrs. Melson-Williams stated that in the area of the Northeast corner of Governor's Avenue and Water Street, there have been small steps towards what will become a Kent County Family Court and in fact there is a first reading referral this evening. She further explained that the area has some environmental challenges that the project team has most significantly been working with the Division of Natural Resources and Environmental Control and the Environmental Protection Agency. They have seen one parking lot project for one of the properties that has a building on the green, but has a rear parking. They need to plan for it. They have received a series of demolition permits for the remaining buildings located on that east side of Governor's Avenue. They are in for review and hopefully the State of Delaware will have their contract on board to take care of those which have been on our vacant buildings list. Responding to Mr. Rocha, Mrs. Melson-Williams explained that there are a number of things working behind the scenes, there is rezoning on the agenda this evening and applications that they expect this spring related to site development activities that will need to appear before the Historic District Commission and Planning Commission. Responding to Mr. Rocha, Mrs. Melson-Williams stated that the Northeast corner of McKee and College Roads did go through a conditional use site plan review in recent months for a Royal Farms with a car wash facility in addition to gas pumps. That location is currently in the Site Development Plan Review process. She explained that they have not finalized their plan at this point, but there is no indication that they have abandoned that plan. It is time to figure out their entrances with DelDOT and get those approvals and the final detailing of that project. She stated that it is a more recent application to the Planning Commission. Responding to Mr. Anderson, Mrs. Melson-Williams explained that one program is the Downtown Development District Program. She stated that the Planning Department could gather some more hard numbers. There is some information in the presentation that gives the main focus on housing opportunities that have taken advantage of that program, but there are some numbers and they do track it by year. She responded that the department could put together some information and perhaps give the City Council an update on the Downtown Development District program overall, especially since they are going to be moving into what we believe is a process for renewal of that district. Responding to Mr. Anderson, Mrs. Melson-Williams explained for that location there was some anticipation of a potential Golden Corral. The property has a site plan that was a master plan for several multi-tenant buildings and it did have a restaurant site on it. She further explained that it did have final plan approval, but we've not seen forward movement for taking the next step to actually move forward with the full process of permitting for that location. They are not doing anything at the moment, but it is still possible. Responding to Mr. Sudler, Mrs. Melson-Williams explained that she is not fully versed in the vacant

CITY COUNCIL MEETING OF FEBRUARY 28, 2022 PAGE 7 buildings ordinance provisions, but she believes there is relief from the vacant building fee if the property is actively listed for sale. It could be listed for sale, but she does not know if the City of Dover Code goes into the intent behind the posting for sale. It is a program that has been in place for a number of years that is probably due a look at it again to see what is working and what is not working in that program. So we could certainly take a look at that. She further explained that there are certain thresholds or criteria that must be met in order for the fee to not apply to a particular location. Responding to Mr. Sudler, Mrs. Melson-Williams explained that she is not as familiar with that portion of the vacant buildings ordinance, however she does think that it sets up a time frame that even if you have had it listed for a certain period of time, that it if it hasn’t sold then a registration fee is imposed. Responding to Mr. Sudler, Mrs. Melson-Williams stated that certain divisions of the department have not had openings for a hiring process in a number of years. The front office staff are office assistant level positions. She further explained that she was not privy to what the application pool looked like the last time they had to fill a position in that area. She stated they do have three individuals that currently serve there, but the question of racial diversity across the department is probably similar to what it is citywide at this point. Responding to Mr. Sudler, Mrs. Melson-Williams explained that the Human Resources Department is involved in the posting all job openings and are the initial recipient of the applications that are filed. She further stated that in her experience of hiring practices in the past, all applications were forwarded to the staff department head or supervisor for review as part of the selection of whittling the applicant pull down to a manageable interview set. Mr. Sudler stated that to assist Council in understanding some of the concerns or issues surrounding diversity would be helpful for the Human Resources Department to do an annual report. It could also help in regards to some of the applications, some of the qualifications, and some of the concerns we may see for why we are having a problem with selecting more diverse employees. Mr. Sudler stated that a lot of questions that the Diversity, Equity and Inclusion Committee have are in regards to the workforce, work environment, and conditions, Mr. Sudler stated that he believes Human Resources should help the Diversity, Equity and Inclusion Committee have a better understanding as to what areas we need to strengthen.. Mr. Boggerty responded to the discussion stating that there is an annual Human Resources report required by the Federal Government titled EEO-1. Mr. Neil moved to accept the 2021 Planning and Inspections Annual Report, seconded by Mr. Rocha and unanimously carried.

CITY COUNCIL MEETING OF FEBRUARY 28, 2022 PAGE 8 ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF FEBRUARY 10, 2022 The Minutes of the Special Council Meeting of February 10, 2022 were unanimously approved by motion of Mr. Neil, seconded by Mr. Rocha and bore the written approval of Mayor Christiansen. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 10, 2022 The Minutes of the Regular Council Meeting of January 10, 2022 were unanimously approved by motion of Mr. Neil, seconded by Mr. Rocha and bore the written approval of Mayor Christiansen. SPECIAL ELECTION TO FILL VACANCY - ROBBINS HOSE COMPANY-THIRD ASSISTANT FIRE CHIEF JAMES IANNUCCI (TERM TO EXPIRE DECEMBER 13, 2022) Fire Chief Carey received a letter of resignation from Third Assistant Fire Chief Wesley Liberto. In accordance with the City Code and the By-Laws of the Robbins Hose Company, nominations were held during the February 7, 2022 Regular Monthly Meeting and, as a result of the nominations being opened, there was only one nomination to fill the vacant position. The nominations were closed in accordance with By-Laws and there will be no election as a result of the sole nominee. Therefore, the vacancy as a result of the resignation has been filled by James Iannucci as he is our newly elected 3rd Assistant Fire Chief and meets the requirements to hold the position. By consent agenda, Mr. Neil moved for acceptance of the Third Assistant Fire Chief for Robbins Hose Company No. 1, as submitted, with a term to expire December 13, 2022. The motion was seconded by Mr. Rocha and carried by a unanimous roll call vote. REZONING REQUEST FOR PROPERTIES LOCATED AT 411 S. GOVERNORS AVENUE, 429 S. GOVERNORS AVENUE, 435 SOUTH GOVERNORS AVENUE, 439 SOUTH GOVERNORS AVENUE/117 W. WATER STREET, 441 S. GOVERNORS AVENUE, AND 447 S. GOVERNORS AVENUE- FIRST READING OF PROPOSED ORDINANCE #2022-02 A request was received to rezone properties located at 411 S. Governors Avenue, 429 S. Governors Avenue, 435 South Governors Avenue, 439 South Governors Avenue/117 W. Water Street, 441 S. Governors Avenue, and 447 S. Governors Avenue consisting of 1.74 +/- acres, owned by the State of Delaware and an alley. The properties are currently zoned IO (Institutional and Office Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone), and the proposed zoning is IO (Institutional and Office Zone) subject to SWPOZ (Source Water Protection Overlay Zone) and H (Historic District Zone). (Tax Parcels: ED-05-077.09-03-37.00-000, ED-05-077.09-03-48.00-000, ED-05-077.09-03-50.00-000, ED-05-077.09-03-51.00-000, ED-05-077.09-03-52.00-000, ED-05- 077.09-03-61.00-000, and an alley; Planning Reference: Z-22-01 and HI-22-02; Fourth Council District) Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of Proposed Ordinance #2014-02 as read by the City Clerk, by title only, as follows:

CITY COUNCIL MEETING OF FEBRUARY 28, 2022 PAGE 9 ORDINANCE #2022-02 AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES LOCATED AT 411 S. GOVERNORS AVENUE, 429 S. GOVERNORS AVENUE, 435 SOUTH GOVERNORS AVENUE, 439 SOUTH GOVERNORS AVENUE/117 W. WATER STREET, 441 S. GOVERNORS AVENUE, AND 447 S. GOVERNORS AVENUE Responding to Mr. Anderson, Mrs. Melson-Williams stated that the request is to expand the boundaries of the Historic District to fully encompass that block on the east side of Governor’s Avenue to the north of West Water Street. The land holdings that are targeted for redevelopment as the Family Court Structure places part of the holdings within the Historic District while others are not. She further explained that the attempt for rezoning is to bring the entire land holding into the Historic District Zone. It clarifies the process so that the entire building would be in the Historic District rather than half of a building. The use of the property is governed by the Institutional and Office Zone (IO) that is applied to the property. Responding to Mr. Anderson, Mrs. Melson-Williams further explained that bringing the property into the Historic District, makes a more clear definition of the boundaries of the historic district in that area. She went on to say that the buildings are not subject to what would be the provisions for demolition in the Historic District. There is one building at the corner of Bank Lane and Governors Avenue that has already moved through the appropriate process for review because of its location in the Historic District and Historic District Commission did grant Architectural Review Certification to demolish the property. Mrs. Melson-Williams then stated that with a property in the Historic District there is some greater flexibility when it comes down to placement of the building related to maintaining character and street scape of the general area. It is advantageous for the entire tracked area to be within the Historic District. The more deliberative process and questions would play out through the review process of the rezoning application before the Historic District Commission and Planning Commission and returning to City Council in April. Mr. Hare moved to refer the request to the Planning Commission on March 21, 2022, the Historic District Commission on March 24, 2022, and set a public hearing for April 11, 2022 at 6:30 p.m. The motion was seconded by Mr. Neil and unanimously carried. CITY MANAGER'S ANNOUNCEMENTS Mr. Hugg, City Manager, stated that the Frito-Lay Company, who is located presently in Tudor Industrial Park, has just announced that they will be occupying a 7,200 square foot new warehouse on Lafferty lane that is under construction. The City of Dover continues to see expansion of economic development. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Anderson expressed that he was very happy that the Downtown Dover Partnership has stepped up to have the St. Patrick's Day Parade and the Pet Parade on March 19th. He encouraged everyone to go through their Facebook or web page to get more details. He stated that it is good to have the

CITY COUNCIL MEETING OF FEBRUARY 28, 2022 PAGE 10 parade back after missing it two years. Clerk's Office Note: The St. Patrick’s Day Parade is being organized by Codi Canasa, Agape Body Piercings, and Kay Sass, City of Dover. Mr. Taylor thanked his colleagues for their support for the application to the National Park Service. He explained that after communicating with Mr. Hugg, he would like for everyone to disregard all messaging from this point forward until they hear back from the State of Delaware Department of Natural Resources and Environmental Control. He also wished that all African Americans had a healthy, happy, and prosperous Black History Month. He would like to continue to recognize the accomplishments of people of color throughout the rest of this year. Mr. Boggerty announced he would like to bring awareness that our most recognized high school in the area, Dover High School Boys Basketball Team has a playoff game against Polytech High School tomorrow evening at 7:00 p.m. and Wednesday, the Dover High School Girls Basketball Team play Padua High School at 7:00 p.m. He encouraged everyone to get behind our local sports teams. Mr. Neil moved for adjournment, seconded by Mr. Hare and unanimously carried. Meeting adjourned at 8:28 p.m. ANDRIA L. BENNETT CITY CLERK-SELECT All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of February 28, 2022 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB S:\AGENDAS-MINUTES-PACKETS\Council-Minutes\2022\02-28-2022 REGULAR.wpd Exhibit Exhibit #1 - 2021 Planning and Inspections Annual Report