Council Packet

CITY OF DOVER, DELAWARE REGULAR CITY COUNCIL MEETING Monday, March 28, 2022 at 6:30 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA VIRTUAL MEETING NOTICE This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/zghurv Event number: 2333 035 6338 Event password: DOVER (if needed) If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts. The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's Streaming Player located at www.cityofdover.com under "Quick Links". OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.) The “Open Forum” segment is provided to extend the opportunity to the general public to share their questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda as a public hearing is prohibited during the Open Forum as an opportunity will be provided during consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from taking action since they are not in official session; however, they may schedule such items as regular agenda items and act upon them in the future. INVOCATION - Elder Ellis B. Louden PLEDGE OF ALLEGIANCE - Councilman Neil ADOPTION OF AGENDA 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. Page 1

REGULAR CITY COUNCIL MEETING - March 28, 2022 PAGE 2 PROCLAMATIONS 1. National Library Week 2022 PRESENTATIONS 2. Certificate of Appreciation - St. Patrick's Day Parade - Codi Canasa, Tabby Proud, and Kay Sass 3. Certificate of Congratulations - Dover High School - 2021 Delaware Interscholastic Athletic Association (DIAA) Unified Basketball Team-State Champions 4. Certificate of Recognition - Dr. Kevin Fitzgerald, Caesar Rodney School District Superintendent, Retirement CONSENT AGENDA ADOPTION OF MINUTES 5. Regular Council Meeting of March 14, 2022 6. Special Council Meeting of March 21, 2022 COMMITTEE REPORTS Council Committee of the Whole Report of March 15, 2022 Legislative, Finance, and Administration Committee 7. Evaluation of Bids – Vac Truck – Bid Number 22-0021PW (Mark Nowak, Public Works Director) (Committee recommendation: Awarding the contract to THC Enterprises, Inc. t/a Mid- Atlantic Waste Systems, for the City of Dover Truck Mounted Single Engine Jet/Vacuum Combination Sewer Cleaner, Bid #22-0021PW, for the amount of $399,040, as recommended by staff.) 8. Sale and Disposition of Excess Real Property - 710 and 715 Slaughter Street (Dave Hugg, City Manager) (Committee recommendation: 1. Determine that the property is excess property; 2. Authorize the City Manager to convey the excess property in accordance with Chapter 2, Section 2-422 D - Standard Method of Disposition and 2-422 (c) relating to recovery of costs unless requested by the City Council to dispose in accordance with Chapter 2, Section E - Exception to Standard Method of Disposition; and 3. Authorize the City Manager's Office to negotiate a final sale price, as recommended by staff.) Page 2

REGULAR CITY COUNCIL MEETING - March 28, 2022 PAGE 3 9. Proposed Charter Amendments to the City of Dover Charter (Dave Hugg, City Manager) (Committee recommendation: to send the City of Dover Charter amendments to Council for consideration, as discussed.) (Resolution No. 2022-02 Amendments to the City of Dover Charter will be considered in the latter part of the meeting.) (See Item #14) Special Council Committee of the Whole Report of March 22, 2022 Legislative, Finance, and Administration Committee 10. Evaluation of Bids - Switchgear Building for Garrison Oak Technology and Business Park (GOTBP) Substation (Paul Waddell, Electric Director) (Committee recommendation: Awarding the Switchgear Building for Garrison Oak Technology and Business Park Substation contract to Philadelphia Electric, as recommended by staff.) 11. Proposed amendment to Policy for Council Community Enhancement Fund Expenditures (Councilman Anderson) (Committee recommendation: Approval of the proposed amendment to the Policy for Council Community Enhancement Fund Expenditures) 12. American Rescue Plan Act (ARPA) Appropriation of Supplemental Funding (Tracey Harvey, CBDG Manager) (Committee recommendation: Approval of the recommendations of the Joint Subcommittee to Evaluate American Rescue Plan Act Funding Requests from Nonprofits.) APPOINTMENTS 13. Appointment Recommended by Council - Board of Assessment Appeals - Douglas M. Doyle Four-Year Term Expiring March 2026 (to fill the expiring term of Todd Stonesifer, Real Estate Brokerage of Sale) ITEMS NOT ON THE CONSENT AGENDA 14. Proposed Resolution No. 2022-02 - Amendments to the City of Dover Charter (Dave Hugg, City Manager) (Committee recommendation: Approval of the proposed amendments to the City of Dover Charter; adoption by City Council of Resolution No. 2022-02 requesting the General Assembly to amend the Charter and adoption of the subsequent Ordinance amendments.) CITY MANAGER’S ANNOUNCEMENTS COUNCIL MEMBERS’ ANNOUNCEMENTS Page 3

REGULAR CITY COUNCIL MEETING - March 28, 2022 PAGE 4 ADJOURNMENT THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING Page 4

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Item #2. CERTIFICATE OF APPRECIATION Presented to MS.KAYSASS It is with heartfelt gratitude and appreciation that we recognize the incredible undertaking of putting together the St. Patrick's Day Parade as a means for the community to·all come together for a large event for the first time since the pandemic in the City of Dover. Ms. Sass's dedication and commitment to the betterment of the community was evident by her willingness to go above and beyond. We thank you for your ability to inspire others and your overall commitment to making the City of Dover a place where people want to live, work and play. March 28, 2022 Robin R. Christiansen Roy Sudler, Jr. Mayor Council President Page 8

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Item #5. REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on March 14, 2022 at 6:30 p.m. with Councilman Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, and Mr. Taylor. Mr. Sudler was absent. Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Mrs. Melson- Williams, Mr. Rodriguez, and Mrs. 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 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 Mayor Christiansen 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. Boggerty and carried by a unanimous roll call vote. PROCLAMATION - DEVELOPMENTAL DISABILITIES AWARENESS MONTH The City Clerk read the following Proclamation into the record: WHEREAS, developmental disabilities are a group of conditions due to an impairment in physical, learning, language, or behavior areas. These conditions begin during the developmental period, may impact day-to-day functioning, and usually last throughout a person's lifetime WHEREAS, according to the Centers for Disease Control and Prevention (CDC) in the United States about one in six, or about 17%, of children aged 3 through 17 years have a one or more developmental disabilities. Page 11

Item #5. CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 2 WHEREAS, this year's theme "Worlds Imagined" seeks to raise awareness about the inclusion of people with developmental disabilities in all aspects of community life, as well as awareness of the barriers that people with disabilities still face in connecting to the communities in which they live. WHEREAS, this year we will celebrate the 32nd anniversary of the Americans with Disabilities Act (ADA), which prohibits discrimination against all Americans with disabilities and codified the protection of their civil rights. WHEREAS, early intervention, education, employment, and home and community - based services are vital to people with developmental disabilities. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim March 2022 as Developmental Disabilities Awareness Month in the City of Dover and continue to strive towards diversity, equity, and inclusion to ensure all citizens are treated with dignity. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mr. Michael Harris, President, Ms. Kristen Harvey, Executive Director, Mr. Emmanuel Jenkins, Administrative Assistant of the Delaware Developmental Disabilities Council and Ms. Liliana Burgos and Ms. Deja Harris. PROCLAMATION - WOMEN'S "HERstory" (HISTORY) MONTH The City Clerk read the following Proclamation into the record: WHEREAS, this year's theme: "Women Providing Healing, Promoting Hope" is both a tribute to the work of care givers and frontline workers during this pandemic and as a recognition of the many ways that women of all cultures have provided both healing and hope throughout history. Women's History Month celebrates the historic achievement in granting women the right to vote and honor those who shaped America's history and its future. Our history is filled with examples of the unfailing bravery of women in America who have made vital contributions in the face of discrimination and hardship; and WHEREAS, often overlooked and undervalued, collectively women have influenced our public policy and the building of viable institutions and organizations. They led the way in establishing a stronger and more democratic country by advocating basic human rights to ensuring access and equal opportunity for all Americans; and WHEREAS, women as public leaders succeeded against great odds and the diversity of their experiences has demonstrated both the challenges and the opportunities women in public service have faced. During the pandemic, women continue to lead as vaccine researchers, public health officials, educators, and countless heroines on the front lines. Page 12

Item #5. CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 3 NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim March 2022 as Women's "HERstory" (History) Month in the City of Dover and encourage all residents to honor and recognize the vital contributions made by women. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to the women who have served on City Council: Goldie Legates, Holly Malone, Beverly Williams, Tricia Arndt, and Julia Pillsbury, also posthumously recognizing Councilwomen Esther Frear and Sophia Russell. ANNEXATION/REZONING OF PROPERTY LOCATED AT 166 MIFFLIN ROAD Mrs. Dawn Melson-Williams, Interim 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 R-8 (One-Family Residence), as submitted. Ms. Ernestine Huff, speaking on behalf of her annexation request, stated that she has lived at 166 Mifflin Road for almost 40 years and that, over the years, there has continued to be confusion on what police to call and what services are provided due to her home (166 Mifflin Road) being between two houses that are both within the city limits. She further explained that she feels that her water and sewer in particular needed to be changed. Public Hearing - Zoning Classification Members considered a request for the rezoning of property proposed for annexation located at 166 Mifflin Road, consisting of 25,000 sf., owned by Ernestine Huff. The property is currently zoned RS-1 - Single Family Residence (Kent County zoning classification) and the proposed zoning is R-8 - One-Family Residence (City of Dover zoning classification). A public hearing was duly advertised for this time and place to consider the rezoning of property located at 166 Mifflin Road, owned by Ernestine Huff. Acting Council President Hare declared the public hearing open. There being no one present wishing to speak, the public hearing was closed. Adoption of Annexation Resolution No. 2022-01 Members considered Annexation Resolution No. 2022-01 for property located at 166 Mifflin Road, owned by Ernestine Huff. By motion of Mr. Rocha, seconded by Mr. Neil, Council, by a unanimous roll call vote (Sudler absent), adopted Resolution No. 2022-02, 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 Page 13

Item #5. CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 4 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 that certain lot, piece or parcel of land with the improvements thereon situated in East Dover Hundred, Kent County, State of Delaware, lying on the west side of Mifflin Road, short distance south of Delaware Route 8; being all of Lot 8 as shown on a plan of Atlantic Land Co., Inc., and being more particularly bounded and described in accordance with a recent survey by Robert L. Larimore, RLS, dated March 11, 1999, as follows, to wit: BEGINNING at an iron rod found in the westerly line of Mifflin Road at a corner for this lot and for lot 7, said point being located 1,602.3 feet south of the intersection of the west line of Mifflin Road (60.00 feet wide) with the south line of Delaware Route 8 (60.00 feet wide); THENCE from said point of beginning along the westerly line of Mifflin Road South 24 degrees 25 minutes East 100.00 feet to a point in the westerly line of Mifflin Road at a corner for lot 9; THENCE along line of Lot 9 south 65 degrees 35 minutes West 250.00 feet to a point at a corner for lot 9 in line of lands now or formerly of Eugene B. Gagen; THENCE along line of lands of Eugene B. Gagen North 24 degrees 25 minutes West 100.00 feet to a point at a corner for lot 7; Page 14

Item #5. CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 5 THENCE along line of Lot 7 North 65 degrees 35 minutes East 250.00 feet to the point of beginning and containing 25,000 square feet of land, be the same more or less. 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 15th day of March, 2022 at 12:01 a.m. ADOPTED: MARCH 14, 2022 Final Reading/Adoption of Rezoning Ordinance #2022-01 Members considered Ordinance #2022-01, rezoning property located at 166 Mifflin Road, owned by Ernestine Huff. Mr. Neil moved that the Final Reading of Ordinance #2022-01 be acknowledged by title only, seconded by Mrs. Arndt and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of January 10, 2022.) Mr. Neil moved for approval of the rezoning, as recommended by the Planning Commission. The motion was seconded by Mr. Boggerty and, by a unanimous roll call vote (Sudler absent), Council adopted Ordinance #2022-01, 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 166 MIFFLIN ROAD 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 RS-1 Residential Single Family Zone (Kent County zoning classification) to R-8 - One Family Residence Zone (City of Dover zoning classification) and SWPOZ (Source Water Protection Overlay Zone). 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 Page 15

Item #5. CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 6 RS-1 - Residential Single Family Zone (Kent County zoning classification) to R-8- One Family Residence Zone (City of Dover zoning classification) and SWPOZ (Source Water Protection Overlay Zone) on that property located at 166 Mifflin Road (on the west side of Mifflin Road approximately 300 feet south of Woodmill Drive, consisting of 25,000 S.F., owned by Ernestine F. Huff. (Tax Parcel: ED-00-076.14-01-02.00-000; Planning Reference: AX-22-01; Council District: 1) ADOPTED: MARCH 14, 2022 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 28, 2022 The Minutes of the Regular Council Meeting of February 28, 2022 were unanimously approved by motion of Mr. Neil, seconded by Mr. Boggerty and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT - MARCH 1, 2022 The Council Committee of the Whole Meeting was held by video conference on March 1, 2022 at 6:02 p.m., with Council President Sudler presiding (departed at 6:58 p.m.). Members of Council present via video were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare. Mayor Christiansen was absent. Civilian members present for their Committee meetings were Mr. Shelton (Safety Advisory and Transportation) and Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration). Dr. Jackson Short (Safety Advisory and Transportation) was absent. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee met with Chairman Taylor presiding. Adoption of Agenda Mr. Rocha moved for adoption of the agenda, seconded by Mrs. Arndt and unanimously carried. Quarterly Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects - Marilyn Smith, Director Ms. Marilyn Smith, Director of Dover/Kent Metropolitan Planning Organization, reviewed the presentation of the Dover/Kent MPO quarterly briefing. Responding to Mr. Anderson, Ms. Smith stated the Dover Air Cargo Freight Study indicated five routes that could be addressed for freight traffic. The majority of the roads were designed as residential and farm roads, not to handle heavy freight and Page 16

Item #5. CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 7 freight traffic. Ms. Smith noted that recommendations were made through the Dover Air Cargo Freight Study to make an easier and safer route for commercial traffic. One recommendation was for new sections of road to be built to better connect the Garrison Oak Business Park with Kent Aero Park and Route One. Ms. Smith advised that the recommendations that were made could be done one at a time or as one large phased project. Responding to Mr. Taylor, Ms. Smith stated Dover/Kent MPO has not completed any roundabout efficacy studies since she was hired. She also noted Delaware Department of Transportation would have further information on roundabout efficacy. Responding to Mr. Taylor, Ms. Smith explained she is continuing to research a federal grant to determine eligibility requirements for passenger rail and the federal grant would allow the Dover/Kent MPO to form a research team to study passenger rails and the viability in the area. Mr. Neil moved for adjournment of the Safety Advisory and Transportation Committee meeting, seconded by Mrs. Arndt and unanimously carried. Meeting adjourned at 6:33 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Anderson requested that Item #4, Report on Payment in Lieu of Taxes, be considered as Item #2. Mr. Hare moved for adoption of the agenda as amended, seconded by Mr. Neil and unanimously carried. Report on Payment in Lieu of Taxes (Dave Hugg, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background regarding the findings of Payment in Lieu of Taxes (PILOT). Mr. Contant suggested the City should pursue Senate Bill 83 and that city officials should seek to work with state representatives and senators to amend and remove anything but one hundred percent funding for the tax amount. He noted that the city has issues that need to be addressed and projects to bring to the people of the City of Dover. Mr. Contant also suggested that city officials should form a collective group of representatives and senators that represent Dover, Newark, and Georgetown. Page 17

Item #5. CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 8 Mr. Neil agreed with Mr. Contant and stated the City should move on Senate Bill 83 and move quickly. Mrs. Arndt asked staff to factor based on the percentage of property rather than varying the percentage based on population and to further analyze what the numbers are with and without Newark. Mr. Neil moved to recommend that the City Manager and staff meet with State Representatives and Senators to move forward with amending Senate Bill 83. The motion was seconded by Mr. Anderson and unanimously carried. Evaluation of Bids - Trailer Mounted Generator (Jason Lyon, Director of Water and Wastewater) Mr. Jason Lyon, Director of Water and Wastewater, reviewed the background and analysis regarding the Evaluation of Bids for the Trailer Mounted Generator. Staff recommended awarding the contract to Fidelity Engineering, LLC d/b/a Fidelity Power Systems, for the City of Dover Trailer Mounted Generator, Bid #22-0022WW, for the amount of $151,672. 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, seconded by Mr. Boggerty and carried by a unanimous roll call vote (Sudler absent). Draft Annual Comprehensive Financial Report (Lori Peddicord, Controller/Treasurer) Mr. Remi Omisore, CPA, MBA, CISA, CIA, Clifton Larson Allan Wealth Advisors, LLC reviewed the background and analysis regarding the findings of the Annual Comprehensive Financial Report. Responding to Mr. Neil, Mr. Contant stated on page 17 of the Draft Annual Comprehensive Report, FLIR is an acronym for Forward Looking InfraRed. Mr. Hare moved to recommend acceptance of the Draft Annual Comprehensive Financial Report. The motion was seconded by Mr. Contant and unanimously carried. By consent agenda, Mr. Neil moved for acceptance of the Draft Annual Comprehensive Financial Report, seconded by Mr. Boggerty and carried by a unanimous roll call vote (Sudler absent). Page 18

Item #5. CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 9 Mr. Hare moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Contant and unanimously carried. Meeting adjourned at 7:30p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Contant and unanimously carried. Meeting adjourned at 7:30 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 (Sudler absent). MONTHLY REPORTS - JANUARY 2022 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 Fire Chief’s Report Police Chief’s Report QUARTERLY REVIEW OF CAPITAL INVESTMENT PLAN (CIP) (OCTOBER, NOVEMBER, AND DECEMBER) Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of December 31, 2021. By consent agenda, Mr. Neil moved for acceptance of the Quarterly Report for the Capital Investment Plan (CIP) as of December 31, 2021. The motion was seconded by Mr. Boggerty and carried by a unanimous roll call vote (Sudler absent). APPOINTMENT - ETHICS COMMISSION -4 YEAR TERM TO EXPIRE JULY 2026 Mayor Christiansen requested the appointment of Mr. John Sadlowski to the Ethics Commission (to fill the expired term of Robin Case - term to expire July 2026) By consent agenda, Mr. Neil moved for approval of the appointment of Mr. John Sadlowski to the Ethics Commission, as recommended by Mayor Christiansen. The motion was seconded by Mr. Boggerty and carried by a unanimous roll call vote (Sudler absent). Page 19

Item #5. CITY COUNCIL MEETING OF MARCH 14, 2022 PAGE 10 SETTING OF PROPERTY ASSESSMENT APPEALS Staff recommended that the 2022 Property Assessment Appeals be scheduled for May 23, 2022 through May 27, 2022 from 9:00 a.m. until 4:00 p.m.; May 31, 2022 through June 3, 2022 from 9:00 a.m. until 4:00 p.m. (if needed); and one evening (if needed). The hearing times are subject to change. Mr. Neil moved for approval of the dates and times recommended by staff for the 2022 Property Assessment Appeals, seconded by Mr. Rocha and unanimously carried. (Mr. Sudler absent) CITY MANAGER'S ANNOUNCEMENTS None COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Anderson extended sympathy to the Pridemore Family for their loss. He also thanked the City of Dover and members of Council for the outreach of support after the passing of his mother-in-law Ms. Barbara Jones. Mr. Anderson wished Dr. Pillsbury a Happy Belated Birthday and reminded everyone that the St. Patrick’s Day Parade was this Saturday, March 19, 2022. He also suggested everyone check out Sweets and Treats studio’s Facebook page. Mr. Neil moved for adjournment, seconded by Mrs. Arndt and unanimously carried. Meeting adjourned at 6:53 p.m. ANDRIA L. BENNETT CITY CLERK-SELECT All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of March 14, 2022 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB S:\AGENDAS-MINUTES-PACKETS\Council-Minutes\2022\03-14-2022 REGULAR.wpd Page 20

Item #6. SPECIAL CITY COUNCIL MEETING A Special City Council Meeting was held on March 21, 2022 at 5:16 p.m. with Council President Sudler presiding. Members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mrs. Arndt, and Mr. Hare. Mr. Rocha, and Mr. Taylor were absent. Mayor Christiansen was also present. Council staff members present were Mr. Hugg, Ms. Peddicord, Mr. Rodriguez and Ms. Bennett. Other staff members present were Ms. Sass and Mr. Osika. ADOPTION OF AGENDA Mr. Hare moved for adoption of the agenda, seconded by Mrs. Arndt and unanimously carried Mr. Hare moved to recess into Executive Session pursuant to 29 Del. C. §10004(b)(4) - Strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining or pending or potential litigation, but only when an open meeting would have an adverse effect on the bargaining or litigation position of the public body. The motion was seconded by Mr. Anderson and unanimously carried. The Special Council Meeting recessed into Executive Session at 5:17 p.m. The Executive Session adjourned at 5:52p.m. ACTION RESULTING FROM THE EXECUTIVE SESSION Potential Litigation During the executive session, members of Council considered potential litigation. Mr. Anderson moved to accept the staff recommendations. The motion was seconded by Mr. Boggerty and carried by a unanimous roll call vote (Neil, Rocha, and Taylor absent). Mr. Hare moved for adjournment, seconded by Mr. Anderson and unanimously carried. The Special Council Meeting adjourned at 5:57 p.m. ANDRIA L. BENNETT CITY CLERK-SELECT All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of March 21, 2022 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB S:\AGENDAS-MINUTES-PACKETS\Council-Minutes\2022\03-21-2022 SPECIAL COUNCIL MEETING - ES ACTION (PUBLIC) - Potential Litigation - AB - RE.wpd Page 21

Item #7. COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole Meeting was held on March 15, 2022 at 6:00 p.m. with Councilwoman Arndt presiding in the absence of Council President Sudler. Members of Council present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mr. Rocha, Mr. Taylor and Mr. Hare. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Contant (via video) and Mr. Shevock (via video) (Legislative, Finance, and Administration). 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 Mr. Hare and unanimously carried. Evaluation of Bids - Vac Truck - Bid Number 22-0021PW (Mark Nowak, Public Works Director) Mr. Mark Nowak, Public Works Director, reviewed the background and analysis regarding the Evaluation of Bids for the Vac Truck, Bid Number 22-0021PW. Staff recommended awarding the contract to THC Enterprises, Inc. t/a Mid-Atlantic Waste Systems, for the City of Dover Truck Mounted Single Engine Jet/Vacuum Combination Sewer Cleaner, Bid #22-0021PW, for the amount of $399,040). Responding to Mr. Boggerty, Mr. Nowak explained the 2006 Vac Truck is being sold on www.GovDeals.com. Responding to Mr. Contant, Mr. Nowak stated the money being used to cover the overage cost of the Vac Truck is coming from money not being used for the Silver Lake Dam repair. Responding to Mr. Taylor, Mr. Nowak explained the Vac Truck does come with a warranty, and the city will use the warranty coverage when necessary. Mr. Hare moved to recommend awarding the contract to THC Enterprises, Inc. t/a Mid-Atlantic Waste Systems, for the City of Dover Truck Mounted Single Engine Jet/Vacuum Combination Sewer Cleaner, Bid #22-0021PW, for the amount of $399,040, as recommended by staff. The motion was seconded by Mr. Rocha and unanimously carried. Sale and Disposition of Excess Real Property - 710 and 715 Slaughter Street (Dave Hugg, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the sale and disposition of excess real property located at 710 and 715 Slaughter Street. Staff recommended to: 1. Determine that the property is excess property; 2. Authorize the City Manager to convey the excess property in accordance with Chapter 2, Section 2-422 D - Standard Method of Disposition and 2-422 (c) relating to recovery of costs unless requested by the City Page 22

Item #7. Council to dispose in accordance with Chapter 2, Section E - Exception to Standard Method of Disposition; and 3. Authorize the City Manager's Office to negotiate a final sale price. Responding to Mr. Neil, Mr. Hugg stated 710 and 715 Slaughter Street are both empty lots. 710 Slaughter street is a fair sized lot and easy to build on, however, 715 is much more narrow. Mr. Hugg explained there has been interest from an adjacent property owner in acquiring 715 Slaughter Street. Responding to Mayor Christiansen, Mr. Hugg stated the properties were acquired in a monition sale and the title of each property is in the name of the City of Dover. When the property is purchased, the purchaser will receive the title free and clear. Mr. Hugg also explained the city’s obligation on the property of 710 Slaughter Street is $14,397.11 and on 715 Slaughter Street it is $9,372.59. Mr. Hugg stated due to the city’s obligation and legal fees at the time of sale the minimum sealed bid for 710 Slaughter Street will be $15,300 and the minimum sealed bid for 715 Slaughter Street will be $10,400. Mr. Neil moved to recommend approval of the following: 1. Determine that the property is excess property; 2. Authorize the City Manager to convey the excess property in accordance with Chapter 2, Section 2-422 D - Standard Method of Disposition and 2-422 (c) relating to recovery of costs unless requested by the City Council to dispose in accordance with Chapter 2, Section E - Exception to Standard Method of Disposition; and 3. Authorize the City Manager's Office to negotiate a final sale price., as recommended by staff. The motion was seconded by Mr. Boggerty and unanimously carried. Proposed Charter Amendments to the City of Dover Charter, (Dave Hugg, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the proposed amendments to the City of Dover Charter. Staff recommended approval of the proposed amendments to the City of Dover Charter; adoption by City Council of the subsequent Resolution requesting the General Assembly to amend the Charter and adoption of the subsequent Ordinance amendments. Mr. Hugg provided a memo dated March 15, 2022, (Attachment #1) which explained that conduit bonds are bonds issued by a jurisdiction on behalf of a private party for the purposes of building or doing things that have a public benefit, such as hospitals, industrial parks, and airports. Mr. Hugg stated, the memo includes proposed language that would be enabling legislation only, it would set parameters for the City’s ability to issue conduit bonds in the future. Responding to Mr. Anderson, Mr. Hugg stated conduit bonds are a type of revenue bond and would need to used for a project that would generate revenue. Mr. Hugg further explained other uses for conduit bonds could be affordable housing, charter schools, and colleges. Mr. Hugg stated an advantage of conduit bonds is they are considered tax exempt. Conduit bonds sell at a slight increase over municipal revenue bonds because they are not tied to the faith and credit of the municipality, but they sell at a cheaper rate than commercial financing. Mr. Neil stated, he would encourage looking into conduit bonds and enabling legislation to permit the use in the City of Dover. Page 23

Item #7. Mr. Contant stated, he is in favor of finding unique ways to finance the city. Mr. Contant explained he is in full support of exploring what the city needs to do and what enabling language will be needed. Responding to Mr. Boggerty, Mr. Hugg stated conduit bonds would be available to investors and could be purchased through a bond broker. Responding to Mr. Boggerty, Mr. Anderson stated members of Council would not be prohibited in investing in conduit bonds because Council would be informed at the same time as the public. Responding to Mayor Christiansen, Dave Hugg stated the principle and interest obligation of a conduit bond is on the borrower. He further explained that conduit bonds provide a lower cost financing for a project that is a benefit to the public. Mayor Christiansen stated conduit bonds would be a great economic development tool. Responding to Mr. Rocha, Lori Peddicord, Controller/Treasurer, stated any bonding project and future bonds will need Council’s approval. Mayor Christiansen requested bond counsel to be present at a future Council Meeting to answer questions regarding conduit bonds. Mr. Taylor moved to amend City of Dover Charter, Section 9 - Meetings of mayor and council - Generally, Paragraph 4, line 382 to read as follows: In the event of the absence of council president, then the member of council selected by the council president shall assume the duties of the council president and shall be designated council president acting. Council president acting shall fulfill all of the duties and responsibilities of council president during their period of unavailability or absence. The motion was seconded by Mr. Anderson. Responding to Mr. Boggerty, Mr. Taylor recommended amending the motion to state: In the event of absence of the council president, then the senior member of council in terms of length of service as a councilmember or the council president’s designee shall assume the duties of the council president and shall be designated council president acting. In the event that two (2) or more members of council have the same seniority in terms of length of service as a councilmember, then the members of council shall vote and elect one of those as council president acting. Council president acting shall fulfill all of the duties and responsibilities of council president during their period of unavailability or absence. Mr. Neil stated he is in support of the motion, however after a period of time an election should be held to fill the vacancy left by the absence of the council president after a period of time. Mrs. Arndt stated the purpose of having it in the charter and to have a specific designated person is for those unforeseen circumstances, to have that continuity. She also agreed that it is a valuable opportunity for new members of council to get experience. Mr. Anderson stated the amended motion would allow a seamless transition in an incapacity situation. He further explained if the council president was out for only one meeting it would allow younger members of council experience. Page 24

Item #7. Mayor Christiansen stated during his 11 year term as Council President if he was unavailable to chair the meeting the Chair of Legislative, Finance, and Administration would chair. Mayor Christiansen agreed with Mr. Neil that after a time period of 30 days, if the council president is going to come back, that council put into place the opportunity for the members of council to elect a council president pro tempore, who will fill in until the return of the council president. Mr. Rocha and Mr. Taylor agreed with Mayor Christiansen and Mr. Neil, a provision should be added for an election of a council president pro tempore. Mr. Anderson moved to recommend staff to draft an amendment of Section 9 - Meetings of mayor and council - Generally, Paragraph 4, line 382 to read as follows: In the event of absence of the council president, then the senior member of council in terms of length of service as a councilmember or the council president’s designee shall assume the duties of the council president and shall be designated council president acting. In the event that two (2) or more members of council have the same seniority in terms of length of service as a councilmember, then the members of council shall vote and elect one of those as council president acting. Council president acting shall fulfill all of the duties and responsibilities of council president during their period of unavailability or absence. After a period of 30 days council will hold an election for a council president pro tempore, who will fill the vacancy until the council president returns. The motion was seconded by Mr. Rocha and unanimously carried. Mr. Hare moved to accept Section 12. Compensation; expenses - Mayor, council members, and other elected or appointed officials as amended. The motion was seconded by Mr. Anderson. Mr. Neil stated suggested pay increases should be tied to non-bargaining employees raises. Mr. Neil explained Section 12. Compensation; expenses - Mayor, council members, and other elected or appointed officials, line 441should include - 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. Mr. Hare stated he did not agree with Mr. Neil. Mr. Hare explained legislators and other municipalities tie their pay increases into the Fiscal Year Budget ordinance that is adopted annually. Mr. Rocha and Mr. Taylor agreed with Mr. Hare. Mr. Anderson stated the city is currently raising the salary of city employees to a minimum wage of fifteen dollars an hour. Mr. Anderson explained if the city is currently raising the salary of all low wage employees, council should be included, council is currently below minimum wage. Responding to Mr. Anderson, Mayor Christiansen stated the public has a safety valve in its mayor with a veto. Mayor Christiansen agreed that the council needs compensation and the mayor's office also needs to be evaluated as well. He further explained that the employees that make the city shine on a daily basis are the ones who are not being paid what they should be paid. Mayor Chrisitiansen further explained this is evident by the number of vacancies and the number of people that go elsewhere to work for the benefits and pay. Mr. Hare moved to amend the motion Section 12. Compensation; expenses - Mayor, council members, and other elected or appointed officials to include once council pay is established in the Page 25

Item #7. FY 23 budget all future council pay raises will be tied to non-bargaining employees. The motion was seconded by Mr. Boggerty. Mr. Contant noted he is opposed to striking Section 12. Compensation; expenses - Mayor, council members, and other elected or appointed officials, line 441 from the Charter. Responding to Mr. Contant, Mr. Hare explained the base pay is going to be discussed in the upcoming budget discussions. Responding to Mrs. Arndt, Mr. Hugg stated there would be a separate ordinance to set the compensation of the City Council and that ordinance will become part of the adoption of the Fiscal Year Budget. Mr. Hare moved to amend the motion Section 12. Compensation; expenses - Mayor, council members, and other elected or appointed officials to include once council pay is established in the Fiscal Year 2023 Budget all future council pay raises will be tied to non-bargaining employees. The motion was seconded by Mr. Boggerty. Motion carried 8 yes and 2 opposed (Mr. Neil and Mr. Contant)(Mr. Sudler was absent). Mr. Boggerty moved to amend Article III. City Manager, Section 33. The city manager generally, line 735 - the city manager must be a resident of Kent County within 180 days of the time of hire. The motion was seconded by Mr. Hare and unanimously carried. Mr. Anderson moved to amend City of Dover Charter, Section 5 Miscellaneous Provisions, Section 53. Police; mayor to be conservator of peace, line 1168 - to a majority vote. The motion was seconded by Mr. Hare. Mayor Christiasen stated he was opposed and it's imperative of the city to keep the two-thirds vote for the removal of the Police Chief. He stated the city put in place a selection process for the hiring of the Police Chief. Council should have continuity and a maintenance of standards in the two-thirds majority required to remove a Police Chief. Responding to Mr. Rocha, Mr. Anderson stated a two-thirds majority would be 6 councilmembers. Mr. Taylor agreed with Mayor Christiansen and supports the two-thirds majority. Mr. Anderson moved to amend City of Dover Charter, Section 5 Miscellaneous Provisions, Section 53. Police; mayor to be conservator of peace, line 1168 - to a majority vote. The motion was seconded by Mr. Hare and the motion failed with a vote of 1 yes and 9 opposed (Mrs. Arndt, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mr. Rocha, Mr. Taylor, Mr. Hare, Mr. Contant and Mr. Shevock)(Mr. Sudler was absent). Mr. Anderson moved to amend City of Dover Charter, Section 5 Miscellaneous Provisions Section 54. City Solicitor, line 1201 strike three-fourths and add majority. The motion failed due to lack of second. Mr. Neil moved to deny the recommended amendment of the City of Dover Charter Section 54. City Solicitor and to keep the city solicitor and deputy city solicitor appointed annually. Page 26

Item #7. The motion was seconded by Mr. Hare and unanimously carried. Mr. Hare moved to send the City of Dover Charter amendments to Council for a first reading as discussed. Mr. Shevock seconded the motion and unanimously carried Mr. Hare moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Contant and unanimously carried. 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 8:02 p.m. Roy Sudler Jr. Council President RE/ar S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\TEMPLATES\CCW Minutes TEMPLATE.wpd Attachments Attachment #1 - Conduit Bonds Page 27

Item #10. SPECIAL COUNCIL COMMITTEE OF THE WHOLE The Special Council Committee of the Whole Committee Meeting was held on March 22, 2022 at 6:00 p.m., with Council President Sudler presiding. Members of Council present were Mr. Anderson, Mr. Boggerty, Mr. Neil (via video), Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, Mr. Taylor (arrived at 6:13 p.m.), and Mr. Hare. Mayor Christiansen was also present. Civilian members present for their Committee meetings were and Mr. Contant and Mr. Shevock (via video). (Legislative, Finance, and Administration). COUNCIL COMMITTEE OF THE WHOLE Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Sudler moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. Evaluation of Bids - Switchgear Building for Garrison Oak Technology and Business Park (GOTBP) Substation (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director reviewed the background and analysis regarding the Evaluation of Bids - Switchgear Building for Garrison Oak Technology and Business Park. Staff recommended changing the award of ITB #22-0008EL from Siemens to Philadelphia Electric. Responding to Mr. Contant, Mr. Waddell confirmed there would be no difference in the work between Siemens and Philadelphia Electric. Mr. Waddell stated they would pay fifteen percent of Siemens Contract and would still spend roughly $100,000 less. Mr. Hare moved to recommend awarding the Switchgear Building for Garrison Oak Technology and Business Park Substation contract to Philadelphia Electric, as recommended by staff. The motion was seconded by Mr. Contant and unanimously carried. Proposed amendment to Policy for Council Community Enhancement Fund Expenditures (Councilman Anderson) Mr. Anderson reviewed the background and analysis for the proposed amendment to the Policy for Council Community Enhancement Fund Expenditures. Mr. Contant moved to recommend approval of the proposed amendment to the Policy for Council Community Enhancement Fund Expenditures. The motion was seconded by Mr. Hare and unanimously carried. Page 28

Item #10. SPECIAL COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 22, 2022 PAGE 2 American Rescue Plan Act (ARPA) Appropriation of Supplemental Funding Ms. Tracey Harvey, Community Development Block Grant Program Manager, reviewed the background and analysis for the American Rescue Plan Act (ARPA) Appropriation of Supplemental Funding. The Joint Subcommittee to Evaluate American Rescue Plan Act (ARPA) Funding Requests from Nonprofits recommended allocating funds for Housing and Community Service Projects in the City of Dover. The proposed grant funding allocations will be allocated to the sub-grantees that submitted eligible projects that addressed the connection between the negative economic harm of COVID-19 and how the use of the funding would address the harm. Responding to Mr. Contant, Ms. Harvey stated the grantees will submit monthly spending reports. She further explained the City hired an attorney to make ensure all grantees are in compliance with the reporting requirements. Ms. Harvey stated the Central Delaware Housing Collaborative has acquired a property next to property they currently own. Mr. Neil moved to recommend approval of the recommendations of the Joint Subcommittee to Evaluate American Rescue Plan Act Funding Requests from Nonprofits. The motion was seconded by Mr. Boggerty and unanimously carried. Mr. Hare moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 6:14 p.m. Mrs. Arndt moved for adjournment of the Special Council Committee of the Whole/Legislative, Finance, and Administration Committe meeting, seconded by Mr. Hare an unanimously carried. Meeting adjourned at 6:14 p.m. Roy Sudler Jr. Council President /re S:\AGENDAS-MINUTES-PACKETS\Committee-Minutes\2022\03-22-2022 SPECIAL CCW - RE - TM.wpd Page 29

Item #14. City of Dover MAYOR AND COUNCIL DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 1 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 2 That the City of Dover Legislative, Finance, and Administration Committee has conducted a thorough 3 review of the City of Dover Charter and has recommended amendments; and 4 BE IT FURTHER RESOLVED that the recommendations have been considered by City Council, which has 5 determined that the City of Dover Charter should be amended; and 6 BE IT FURTHER RESOLVED that the General Assembly of the State of Delaware is hereby respectfully 7 requested to amend the Charter of the City of Dover, which amendments, if adopted by the General 8 Assembly, would be as follows: 9 PART I - CHARTER AND RELATED LAWS[1] 10 Subpart A - CHARTER[2] 11 12 PREAMBLE [3] 13 We the people of the City of Dover, under the constitution and laws of the state of Delaware, in order to 14 secure the benefits of local self governmentself-government and to provide for an honest and accountable 15 council manager government do hereby adopt this charter and confer upon the city the following powers, 16 subject to the following restrictions, and prescribed by the following procedures and governmental structure. 17 By this action, we secure the benefits of home rule and affirm the values of representative democracy, 18 professional management, strong political leadership, citizen participation, and regional cooperation. 77 Del. 19 Laws, c. 130, § 1 20 ARTICLE I. POWERS OF THE CITY 21 22 Sec. 1.01. Powers of the City. 23 In addition to the powers specifically enumerated by statutes in Title 22 of the Delaware Code and 24 elsewhere, the City of Dover shall assume and have all powers which under the Constitution of the State it 25 would be competent for the General Assembly to grant by specific enumeration, and which are not denied 26 by statute. 77 Del. Laws, c. 130, § 2 27 (Amd. of 7-8-2009 (S.B. 165, § 2)) P.O. Box 475 ˜ Dover, Delaware ˜19903 Page 30 Community Excellence Through Quality Service

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 2 28 Sec. 1.02. Construction. 29 The powers of the city under this charter shall be construed liberally in favor of the city, and the specific 30 mention of particular powers in the charter shall not be construed as limiting in any way the general power 31 granted in this article. 77 Del. Laws, c. 130, § 2 32 (Amd. of 7-8-2009 (S.B. 165, § 2)) 33 34 Sec. 1.03. Intergovernmental Relations. 35 The city may participate by contract or otherwise with any governmental entity of this state or of the United 36 States in the performance of any activity which one or more of such entities has the authority to undertake. 37 77 Del. Laws, c. 130, § 2 38 (Amd. of 7-8-2009 (S.B. 165, § 2)) 39 40 Sec. 1.04. Municipal corporation continued; boundaries. 41 The municipal corporation of the State of Delaware, known as "the City of Dover" shall continue to be a 42 body politic and corporate. The boundaries of the City of Dover are hereby established and declared as 43 recorded on the official map of record in the Recorder of Deeds Office in and for Kent County and State of 44 Delaware as presently existing and as hereinafter amended. 77 Del. Laws, c. 130, § 2 45 (Amd. of 7-8-2009 (S.B. 165, § 2)) 46 Sec. 1.05. Procedure to extend boundaries. 47 The Citycity may, from time to time, extend its boundaries in accordance with Title 22, Chapter 1, Section 48 101 (22 Del. C. §101) through the following annexation processes: 49 (1) In the case where annexation is petitioned by all owners of all property considered for 50 annexation, no election shall be required. 51 For an annexation petition not requiring an election, such petition shall be processed in 52 accordance with procedures established for amendments to the zoning map, specified in 53 Dover Code, Appendix B - Zoning. All annexation petitions shall be processed concurrently 54 with the rezoning of the property considered for annexation and shall be subject to public 55 hearing before City Council. Public notice shall be completed in accordance with the 56 provisions of the Dover Code relating to amendment of the zoning map. 57 (2) In the case where annexation is not petitioned by all owners of all property considered for 58 annexation, such annexation shall be subject to an election, as follows: 59 (a) In order to extend the boundaries of Thethe City of Dover the council shall adopt a 60 resolution proposing the inclusion of all property considered for annexation within 61 the limits of Thethe City of Dover and calling for a special election to be held not 62 less than thirty (30) nor more than sixty (60) days after the adoption of the resolution, 63 in accordance with Title 22, Chapter 1, Section 101, Delaware Code. The resolution 64 shall contain a description of all property considered for annexation, the date of the Page 31

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 3 65 election, and the place or places of said election. The resolution shall be published 66 in at least two (2) issues of a newspaper of general circulation within the City of 67 Dover at least two (2) weeks prior to the day of said election. 68 (b) The annexation election shall be held by the city's election officers. Each owner of 69 the property considered for annexation shall be entitled to one (1) vote. Owners of 70 real estate in common shall be entitled to one (1) vote each. Life tenants shall be 71 entitled to one (1) vote each but the holders of the remainder interest or similar 72 interest subject to the life estate shall not be entitled to vote. Corporations, firms or 73 associations shall be entitled to one (1) vote, the same as private persons. 74 More than one (1) annexation election may be held on the same day; however, the 75 elections shall be separate. 76 The Councilcouncil of the City of Dover shall provide the ballots and shall bear the 77 cost of holding such annexation elections. The ballots shall briefly indicate the 78 property proposed for annexation and shall provide two (2) boxes on the ballot beside 79 which shall appear the words "FOR inclusion within Thethe City of Dover," and 80 "AGAINST inclusion within Thethe City of Dover." Each voter shall indicate their 81 preference by making a mark within the box beside the words expressing their 82 preference. 83 For the annexation election, the polls shall open at 11:00 a.m. to and remain open 84 until each eligible voter has cast their vote or until 8:00 p.m., whichever occurs first. 85 When the polls are closed the election officers shall publicly count the votes and 86 forthwith certify to the clerk of the council the number of votes cast for and against 87 inclusion within the city limits. At the next regular or special meeting of the council 88 the mayor and council shall receive the results of the election and make the same a 89 part of the minutes of said meeting. 90 If a majority of the votes cast in an annexation election are in favor of the inclusion 91 of that property, the council may thereupon adopt a resolution annexing said property 92 and including same within the limits of Thethe City of Dover. Upon the adoption of 93 a resolution of annexation a copy thereof certified by the clerk of councilcity clerk 94 and a plot of the area annexed shall be forthwith filed for record with the Recorder 95 of Deeds of Kent County, and the area so annexed shall for all purposes thenceforth 96 be part of Thethe City of Dover. 97 If a majority of the votes cast in an annexation election shall be against the inclusion 98 of that property within the limits of Thethe City of Dover, the proposed annexation 99 of said property shall be declared to have failed. Nothing in this Charter shall prohibit 100 the council from resubmitting a proposal for annexation to the eligible voters for said 101 property, or any portion thereof, under the authority of this section and in accordance 102 with the provisions thereof. 77 Del. Laws, c. 130, § 2; 79 Del. Laws, c. 106, § 1 103 (Amd. of 7-8-2009 (S.B. 165, § 2); Res. No. 2013-10 (S.B. 71), 3-11-2013 ) Page 32

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 4 104 Sec. 2. Status, general corporate powers, specific provisions for condemnation of property. 105 The inhabitants of the City of Dover within the boundaries defined in Section 1.04 of this Charter, or within 106 the boundaries hereafter established, shall continue to be a body politic and corporate, by the name of 107 "Thethe City of Dover," and under that name shall have perpetual succession; may have and use a corporate 108 seal; may sue and be sued; may hold and acquire by purchase, gift, devise, lease or condemnation, real 109 property and personal property within or without its boundaries for any municipal purpose, in fee simple or 110 lesser estate or interest, and may sell, lease, hold, manage, and control such property as its interest may 111 require; and shall have all other powers and functions requisite or appropriate for the government of the city, 112 its peace and order, its sanitation, appearance and beauty, the health, safety, convenience, comfort and 113 well-being of its population, and the protection and preservation of property, public and private. 114 Whenever it shall be necessary for any municipal purpose to condemn any real property or personal property 115 under this Charter, except as is herein otherwise specifically provided, the Councilcouncil must follow 116 applicable State Law. 77 Del. Laws, c. 130, § 3 117 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 3)) 118 Sec. 3. Employee pension, benefit and retirement systems authorized. 119 The City of Dover is hereby authorized, empowered and permitted to establish a system of pensions or 120 benefits through group insurance or otherwise as may be found proper and necessary, providing for life, 121 accident, health, hospitalization and death benefits, or any or either of them, for the regular employees of 122 the said "The City of Dover." The said "The City of Dover" is hereby authorized, empowered and permitted 123 to enter into an agreement or agreements with one or more insurance companies to provide a group insurance 124 plan or plans, as may be required or proper to carry out such system of pensions or benefits. The election 125 to exercise such authority on the part of the city shall be evidenced by an ordinance or resolution duly 126 adopted by the Councilcouncil of The the City of Dover as other ordinances or resolutions are adopted, and 127 the same shall be recorded in the official minutes of the said council. Such ordinance or resolution shall 128 provide for and establish a fund for the payment of the costs of such pension system or benefits by making 129 appropriations out of the treasury of the said "The City of Dover," or by requiring contributions payable from 130 time to time by the employees included in such plan or plans, or by a combination of both, or by any other 131 method not prohibited by law. The participation in any plan adopted shall be deemed to be mandatory by 132 the City of Dover and made a condition of employment and continuing employment. 133 The city council shall have power to enact ordinances for a pension or retirement system for the police of 134 the City of Dover, and to set aside a special fund for that purpose which fund shall be administered in 135 accordance with ordinances made and provided in that behalf and the laws of the State of Delaware. 136 Notwithstanding any statute to the contrary, the City of Dover shall have the power by ordinance to impose 137 and collect a tax, to be paid by the transferor or transferee as determined by council, upon the transfer of real 138 property within the city not to exceed one and a half percent (1.5%) or as amended by State law of the value 139 of the real property as represented by the document transferring the property. The provisions of Section 5401 140 and Section 5403 of Chapter 54, Title 30 of the Delaware Code shall apply with respect to any realty transfer 141 tax imposed by the City of Dover pursuant to the authority granted herein. The Council of the City of Dover 142 may adopt an ordinance or ordinances to provide for the effective administration and regulation of any tax 143 adopted pursuant to the authority conferred herein. If the taxing power and authority granted herein shall be 144 exercised by way of a stamp affixed to a document, the recorder of deeds in and for Kent County shall not Page 33

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 5 145 receive for record documents subject to said tax unless stamps provided by the City of Dover are affixed 146 thereto showing payment of the tax. 77 Del. Laws, c. 130, § 4 147 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 4)) 148 (Moved to 49B. Realty transfer tax) 149 ARTICLE II. MAYOR AND COUNCIL 150 151 Sec. 4. General powers and duties. 152 All powers of the city shall be vested in the city council, except as otherwise provided by law or this Charter, 153 and the council shall provide for the exercise thereof and for the performance of all duties and obligations 154 imposed on the city by law. 77 Del. Laws, c. 130, § 5 155 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 5)) 156 157 Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmencouncilmembers; 158 qualifications. 159 The council shall be the legislative body of the city and composed of nine (9) members nominated and 160 elected as herein provided. 161 The city shall be divided into four (4) election districts, the boundaries of which shall be established by 162 council so that they are nearly equal in population based on the latest federal decennial census information. 163 The district boundaries established for municipal elections shall be used for the next regular municipal 164 election and shall continue in effect until the next succeeding federal decennial census is made available for 165 use by municipalities in the State of Delaware. 166 At the regular municipal election held in April of 2012, the mayor shall be elected at-large. The term of 167 mayor elected at the April 2012 regular municipal election shall be for a period of three years, commencing 168 on the second Monday in May following his/her election and continuing for a term of three years until the 169 second Monday in May 2015, or until his/her successor has been duly elected and qualified. 170 Thereafter, commencing with the regular municipal election to be held in April of 2015, the The term of 171 mayor shall be for a period of four years commencing on the second Monday in May following his/hertheir 172 election and continuing for a term of four years until the second Monday in May, or until his/hertheir 173 successor has been duly elected and qualified. 174 At the regular municipal election held in April of 2012, four councilmen shall be elected by district voting 175 from each of the districts of the city. The term of the councilmen elected at the April 2012 regular municipal 176 election shall be for three years, commencing on the second Monday in May following their election and 177 continuing for a term of three years until the second Monday in May 2015, or until their successors have 178 been duly elected and qualified. 179 At the regular municipal election held in April of 2013, five councilmen shall be elected, four by district 180 voting being from the districts and one at-large. The term of the councilmen elected at the April 2013 regular 181 municipal election shall be for a period of four years, commencing on the second Monday in May following 182 their election and continuing for a period of four years until the second Monday in May, or until their Page 34

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 6 183 successors have been duly elected and qualified. 184 Thereafter, Commencing with the Regular Municipal Election to Be Held in April of 2013, the The terms 185 of the councilmencouncilmembers shall be for a period of four years, commencing on the second Monday 186 in May following their election and continuing for a term of four years until the second Monday in May, or 187 until their successors have been duly elected and qualified. The mayor and at-large 188 councilmancouncilmember shall be elected at alternating biennial regular municipal elections. 189 In order to be eligible to be elected as mayor or as a member of council, the person must as of the date of 190 the election be: 191 (1) A citizen of the United States and of the State of Delaware; 192 (2) A resident of the city and having continuously resided therein or in an area annexed to the 193 city during the two (2) years immediately preceding the day of the election; 194 (3) A resident of the election district from which they are seeking election, unless they are 195 seeking election as an at-large councilmancouncilmember or mayor; 196 (4) Eighteen (18) years of age or older; and 197 (5) Nominated therefore, as hereinafter provided; and. 198 (6) A registered voter of the City of Dover. 199 Holding Other Office. Except where authorized by law, no council memberscouncilmembers shall hold any 200 other elected public office, city office, or city employment during the term for which the member was elected 201 to the council. No former council memberscouncilmembers shall hold any compensated appointive office 202 or employment with the city until one year after the expiration of the term for which the member was elected 203 to the council, unless granted a waiver by the Board of Ethics (Ethics Commission)board of ethics (ethics 204 commission). 77 Del. Laws, c. 130, § 6; 78 Del. Laws, c. 2, § 1; 78 Del. Laws, c. 213, § 1; 79 Del. Laws, 205 c. 105, § 1. 206 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 6); Ord. No. 2010-23, 8-23-2010 (S.B. 8); 207 Res. No. 2011-11 (S.B. 165), 10-10-2011; Res. No. 2013-09 (S.B. 69), 3-25-2013) 208 Sec. 6. Municipal election; dates, time, and place of elections. 209 Regular municipal elections shall be held biennallybiennially on the third Tuesday in April. All other 210 municipal elections that may be held shall be known as special municipal elections. At each such municipal 211 election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The council may designate the places 212 of election and make all necessary rules and regulations not inconsistent with this Charter or with other laws 213 of the State of Delaware for the conduct of elections, for the prevention of fraud in elections, and for the 214 recount of ballots in case of doubt or fraud. At alternating biennial regular municipal elections held on the 215 third Tuesday in April, five councilmencouncilmembers shall be elected for a term of four years, four of 216 whom shall be elected by district voting from each of the districts as designated by council and one of whom 217 shall be elected by at largeat-large voting by all voters of the city, as provided in section 5 of this Charter. 218 At the next biennial regular municipal election held on the third Tuesday in April, four 219 councilmencouncilmembers shall be elected by district voting from each of the districts as designated by 220 council for a term of four years, and a mayor shall be elected by at-large voting by all the voters of the city 221 for a term of four years, as provided in section 5 of this Charter. 77 Del. Laws, c. 130, § 7; 78 Del. Laws, 222 c. 213, § 2. Page 35

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 7 223 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 7); Res. No. 2011-11 (S.B. 165), 224 10-10-2011) 225 Sec. 7. NominationNominating petitions for candidates for council and mayor. 226 The mode of nomination of candidates for the council and for mayor shall be by petition, signed by not less 227 than ten (10) nor more than twenty-five (25) electorsregistered voters of the city, filed with the clerk of 228 councilcity clerk. In the years when a mayor is to be elected, nominating petitions for candidates for 229 mayor shall be accepted no sooner than the first working day of January and not later than the last 230 working day of January onat or before 4:30 p.m. on the second Friday of February bienially Nominating 231 petitions for candidates for council andshall be accepted no sooner than the first working day of 232 January and not later than the last working day of January biennially onat or before 4:30 p.m. on the 233 last working day in January biennally for candidates for mayor in the years when a mayor is to be elected. 234 Should the second Friday of February fall on a legal holiday, the filing date shall be 4:30 p.m. on the next 235 working day thereafter which is not a legal holiday. 236 Whenever a petition nominating a person for the office of mayor or councilmancouncilmember shall have 237 been filed as above prescribed, the name of such person shall be printed on the ballot for the regular biennial 238 municipal election as a candidate for the office for which they were nominated, provided they possess the 239 qualifications prescribed by this Charter for a candidate for such office. 240 241 No nominating petition shall designate more than one person to be voted for as a member of council or as 242 mayor. 243 The signers of a nominating petition for a member of the council must be electorsregistered voters of the 244 city residing in the city election district in which the nominee resides; but the signers to theof a nominating 245 petition for the mayor and for the at-large councilmancouncilmember may be registered voters of the city 246 electors residing in the city at-large. 247 There must be attached to each nominating petition an affidavit of the circulator thereof, stating the number 248 of signers and that each signature appended thereto was made in their presence, and is the genuine signature 249 of the person whose name it purports to be, and that all of said signers are entitled to vote at the regular 250 municipal election referred to; and, in the case of a petition nominating a candidate for 251 councilmancouncilmember running from a particular district and to be elected by district voting, that the 252 circulator of the petition verily believes that each signer of said petition is a resident of the same city election 253 district in which the nominee resides. 254 With each signature shall be stated the place of residence of the signer, giving the street and numberaddress 255 or other description sufficient to identify the same. The form of the nominating petition shall be substantially 256 as follows: 257 We, the undersigned, electors of The registered voters of the City of Dover, hereby nominate 258 ___________, who resides in the ___________ City District of the said City of Dover, for the office 259 of Councilmancouncilmember (or for the office of Mayormayor as the case may be) to be voted 260 for at the regular municipal election to be held in the said City, on the ________ day of ________ 261 in the year ________; and we individually certify that we are qualified to vote for a candidate for the 262 office named, and that we have not signed any other nominating petition for that office, and that our 263 places of residences are truly stated after our signatures. Page 36

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 8 264 Name 265 Street and numberaddress 266 (Space for Signatures) 267 STATE OF DELAWARE 268 KENT COUNTY 269 SS. 270 ________ being duly sworn (or affirmed) deposes and says that they were the circulator of the foregoing 271 petition paper containing ___ signatures, and that the signatures appended thereto were made in his/hertheir 272 presence, and are the signatures of the persons whose names they purport to be, and that they verily believes 273 the residence of each signer thereof to be truly stated, and that all of said signers are entitled to vote at the 274 regular municipal election referred to in said paper; and, in case the petition is nominating a candidate for 275 councilmancouncilmember to be elected from a specific district by district voting, that each signer of said 276 petition is a resident of the same city election district in which the nominee resides. 277 278 (Signed) 279 Subscribed and sworn to (or affirmed) before me this ________ day of ________ 280 ___________ Justice of the Peace (or Notary Public) 281 77 Del. Laws, c. 130, § 8; 78 Del. Laws, c. 213, § 3. 282 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 8); Res. No. 2011-11 (S.B. 165), 283 10-10-2011) 284 Sec. 8. Election board; counting of votes; determination of winners; tie votes; persons eligible to vote; 285 voter registration; official ballots and voting machines; absentee ballots. 286 There is hereby created the election board which shall be a non-elected body to oversee the municipal 287 elections, as well as to serve as an advisory board to Councilcouncil on such matters as voter registration, 288 municipal elections, election rules and regulations, and polling locations for City elections. The board shall 289 be composed of five (5) members, serving three (3) years terms, to be appointed by the Mayormayor and 290 confirmed by council at the Annual Meeting, or as necessary to fill vacancies as they occur. One member 291 shall be appointed from each district into which the city has been divided for election purposes, and one 292 member shall be appointed on an at largeat-large basis. The City Clerkcity clerk shall serve as a liaison 293 member of the board. Upon expiration of the term of appointment, a member shall serve until his/hertheir 294 successor has been duly appointed. If a vacancy occurs during the term of any member of the election board, 295 a person residing in the same numbered district shall be appointed to fill the remainder of said term. 296 Members serve without salary, but shall be paid a per diem allowance as specified by Citycity ordinances. 297 To be eligible for appointment to the election board, each prospective member shall be a citizen of the 298 United States, a registered voter within the Citycity, and have resided within the geographical boundaries 299 of the Citycity for one year preceding the appointment. The Mayormayor and members of Councilcouncil, 300 their parents, spouse, or children, shall not be eligible for appointment to the election board. 301 302 Election board members will voluntarily remove themselves from the election board prior to 303 participating in any campaign to elect a candidate. Upon certification of the election results, the 304 election board member shall resume their duties on the board. If a majority of councilmembers 305 determine that a conflict of interest or a potential conflict of interest exists regarding an election board Page 37

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 9 306 member and a candidate, then the election board member shall be temporarily removed from the 307 election board. 308 All elections shall be held by an election board. The City Clerkcity clerk may designate such other persons 309 as he/shethey shall deem necessary to assist the members of the election board in the conduct of the election 310 and counting of the ballots. Should any or all of the members of the election board be absent from the place 311 of election at 7:00 a.m. on the day of the election or fail or neglect to act in the conduct of such election 312 during the time the polls are open and until the ballots are counted and the results of the election certified, 313 the voters of the city present at such time may choose from the qualified voters of the city such person or 314 persons as shall be necessary to fill places made vacant by the absence or neglect aforesaid. 315 316 When the polls are closed, the election board shall publicly count the votes and shall certify the results of 317 the election to each of the persons elected and to the council. The candidate for the office of mayor who 318 receives the highest number of votes cast for that office shall be declared to be elected mayor; the candidate 319 for the office of at-large councilmancouncilmember who receives the highest number of votes cast for that 320 office shall be declared to be elected at-large councilmancouncilmember; and the candidates for the offices 321 of councilmencouncilmember from each district who receive the highest number of votes cast by voters 322 who reside in that district and cast votes for councilmencouncilmember of that district shall be declared to 323 be elected to that office. In the event of a tie vote for any office, a special election for said office(s) only shall 324 be held within thirty (30) days and the registration books shall remain closed until the outcome of the special 325 election is determined. 326 327 Every resident of the City of Dover who shall have reached the age of eighteen (18) years by the time of the 328 election and who is properly registered to vote shall be entitled to vote at all regular or special municipal 329 elections. A voter will be considered properly registered to vote if they are properly registered to vote for 330 state elections in accordance with Title 15 of the Delaware Code as amended. 331 The council shall provide for the use of voting machines in all regular and special municipal elections in 332 conformity with Title 15 of the Delaware Code. by ordinance duly adopted by council. Voting machines 333 shall be used in accordance with Title 15 of the Delaware Code and by ordinance duly adopted by council. 334 The names of the candidates for each office shall be listed in alphabetical order on the voting machines 335 under the name of the office to which they seek election. The voters shall designate their choice of 336 candidates in accordance with the regular method of operation of voting machines. The council may provide 337 sample ballots plainly marked as such and printed on paper of any color except white to be distributed to 338 any voter or candidate who requests them prior to or during the election. 339 Any qualified voter, duly registered, who shall be unable to appear to cast their ballot at any election either 340 because of being in the public service of the United States or of this state, or because they will be 341 unavoidably absent from the city on the day of the election, or because of his/hertheir sickness or physical 342 disability may cast a ballot at such election by absentee ballot to be counted in the total of such election. The 343 council may provide the rules and regulations for such absentee voting by ordinance for all elections. 77 Del. 344 Laws, c. 130, § 9,10 345 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, §§ 9, 10)) Page 38

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 10 346 Sec. 9. Meetings of mayor and council-Generally. 347 At 7:30 p.m. onOn the second Monday in May following a regular municipal election, the mayor and 348 council shall meet at the usual place for holding council meetings and the newly elected officers shall 349 assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity. Such 350 meeting shall be called or known as the annual meeting. Thereafter, the council shall hold regular meetings 351 at such times as may be prescribed by ordinance, but not less frequently than once each month. Special 352 meetings may be called and held as prescribed by ordinance. All meetings of the council shall be open to 353 the public except scheduled executive sessions. 354 At the annual meeting held on the second Monday in May, the members of council shall elect one of their 355 members to serve as council president, such term to be in effect until the next regularly scheduled annual 356 meeting or until a successor is elected. The council president shall serve as vice-mayor. The Councilcouncil 357 president shall preside over regular and special council meetings. 358 The mayor shall preside over the annual meeting and quarterly town meetings, and at the annual meeting 359 present a state of the city message and offer mayoral appointments for council confirmation. The mayor, 360 upon recommendation from the council president, will present council appointments for council approval. 361 In the event of absence of the council president, then the senior member of council in terms of length of 362 service as a councilmancouncilmember or the council president’s designee shall assume the duties of the 363 council president and shall be designated council president acting. In the event that two (2) or more members 364 of council have the same seniority in terms of length of service as a councilmancouncilmember, then the 365 members of council shall vote and elect one of those as council president acting. Council president acting 366 shall fulfill all of the duties and responsibilities of council president during his/hertheir period of 367 unavailability or absence. After a period of 30 days council will hold an election for a council president 368 pro tempore who will fill the vacancy until the council president returns. 369 (Amd. of 7-12-2005 (S.B. 126)) 370 371 Sec. 10. Meetings of mayor and council-Procedure. 372 Five (5) of the members elected to the council shall constitute a quorum to do business, but a less number 373 may adjourn from time to time and may compel the attendance of absent members in such manner and under 374 such penalties as may be prescribed by ordinance. 375 376 No ordinance, resolution, motion or order shall be valid unless it shall have (1) the affirmative vote of a 377 majority of the members elected to the council, and (2) the written approval of the mayor, or the vice-mayor 378 in those cases where the vice-mayor is authorized to act as mayor as provided in section 15 hereof, provided 379 that in the absence of such approval by the mayor, or the vice-mayor as the case may be, the council may, 380 after not less than seven (7) days nor more than thirty-five (35) days after the prior vote, pass or adopt the 381 said ordinance, resolution, motion or order which did not receive the approval of the mayor, or the 382 vice-mayor, by the affirmative vote of two-thirds of the members elected to council. 383 Whenever the council shall adopt an ordinance, resolution, motion or order, it shall be the duty of the mayor, 384 or the vice-mayor, to signify his/hertheir approval or disapproval thereof in writing to the clerk of the 385 council city clerk within seven (7) days thereafter. The clerk of the councilcity clerk shall forthwith notify 386 the members of the council of such approval or disapproval. Page 39

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 11 387 Motions to adjourn meetings of council and orders to compel the attendance of absent members shall not 388 require the approval of the mayor or vice-mayor. 389 A councilmancouncilmember shall abstain from voting on a matter that he/she feelsthey feel would involve 390 the consideration of his/hertheir own official conduct, on a matter in which he/she hasthey have a financial 391 interest, in a matter in which he hasthey have a conflict of interest or in accordance with a policy adopted 392 by council. 393 The yeas and nays shall be taken upon the passage of every ordinance and resolution and entered together 394 with the text of the ordinance or resolution upon the journal of the proceedings of the council. The journal 395 shall be deemed conclusive evidence of the facts stated therein except in the case of fraud. 396 The city council may adopt any standard code of technical regulations by reference thereto in an adopting 397 ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for 398 ordinances generally except that: 399 (1) The requirements for distribution and filing of copies of the ordinance shall be construed to 400 include copies of the code of technical regulations as well as of the adopting ordinance, and 401 (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance 402 shall be authenticated and recorded by the city clerk. 403 Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution 404 or for purchase at a reasonable price. 77 Del. Laws, c. 130, § 11 405 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 11)) 406 407 Sec. 11. Council to be judge of election results and qualification of members; power to fix procedure. 408 The council shall be the judge of the election results and qualification of its members and, in such cases, 409 shall have power to subpoena witnesses and compel the production of all pertinent books, records and 410 papers; but the decision of the council in any such case shall be subject to review by the courts. The holding 411 over members shall constitute the council for the purpose of determining election contests. The council shall 412 determine its own rules and order of business and keep a journal of its proceedings. It shall have power to 413 compel the attendance of absent members, and may punish its members for disorderly behavior. 414 (Amd. of 7-12-2005 (S.B. 126)) 415 Sec. 12. Compensation; expenses-Mayor, council members, and other elected or appointed officials. 416 The city council shall determine the annual salary and emoluments of the mayor, council members, and other 417 elected or appointed officials by ordinance to be adopted annually with the adoption of the Fiscal Year 418 Budget ordinance. Once council’s annual salary is established in Fiscal Year 2023, all future council 419 pay raises will be tied to increases for non-bargaining employees., but no ordinance increasing the salary 420 of the mayor or city council members shall become effective until the date of commencement of the terms 421 of the mayor or council members elected at the next regular election. The mayor and council members shall 422 receive their actual and necessary expenses incurred in the performance of their duties of office. 77 Del. 423 Laws, c. 130, § 12 424 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 12)) Page 40

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 12 425 Sec. 13. Vacancies; forfeiture of office; filling of vacancies. 426 (a) Vacancies. The office of mayor or a council membercouncilmember shall become vacant 427 upon the member'stheir death, resignation, or removal from office or forfeiture of office in 428 any manner authorized by law. 429 (b) Forfeiture of Office. A council memberThe mayor or councilmember shall forfeit that 430 office if theythe council member: 431 (1) Fails to meet the residency requirements, 432 (2) Violates any express prohibition of this charter, 433 (3) IsAre convicted of a crime involving moral turpitude, or 434 (4) Fails to attend three consecutive regular meetings of the council without being 435 excused by the council. 436 In the case of any such vacancy or of any vacancy created by death, resignation or otherwise for which said 437 vacancy shall be less than six months or less in duration from the next regular or special election, the 438 office shall remain vacantvacancy shall be filled at the next regular or special election if there is 439 sufficient time to meet the requirements of the Dover Code of Ordinances, the City of Dover Charter, 440 and Title 15 of the Delaware Code. If such vacancy should be in excess of six months in duration, a special 441 election shall be held to fill such vacancy, this special election to be held no sooner than 3060 days from the 442 date of the vacancy, but said special election to be held no later than 6090 days after the date of the vacancy. 443 If council fails to call for a special Electionelection, the special Electionelection shall be called by the 444 Election Boardelection board. 77 Del. Laws, c. 130, § 13 445 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 13)) 446 447 Sec. 14. Duties of mayor. 448 The mayor shall be the executive and chief official of the city. The Mayormayor shall have the powers and 449 perform the duties conferred and imposed by this Charter and ordinances of the city. The mayor shall preside 450 at the annual meeting of the council and at all quarterly town meetings. The council president shall preside 451 at all other meetings of the council. The mayor shall have no vote on council matters of any nature 452 whatsoever. The mayor is an ex officio member of all committees, but shall have no vote. 453 (Amd. of 7-12-2005 (S.B. 126)) 454 455 Sec. 15. Council president/vice-mayor, duties of. 456 At each annual meeting, the council shall elect one of their number as council president who shall also serve 457 as vice- mayorvice-mayor. During a vacancy in the office of mayor or during the absence or disability of 458 the mayor, the vice-mayor shall have all the powers and duties of the mayor, except as hereinafter provided. 459 The council president and vice-mayor shall retain his/hertheir right to vote as councilmancouncilmember 460 at all times although he/shethey may be acting as the mayor, unless the mayor's absence appears to be Page 41

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 13 461 indefinite or extended, in which case council shall pass a resolution appointing the vice-mayor as mayor until 462 the mayor's position is either filled in accordance with section 13 hereof or the mayor returns to his/hertheir 463 duties, which resolution shall provide that the vice-mayor shall have the right to approve or disapprove 464 council action in accordance with section 10 hereof, in which case the vice-mayor shall lose his/hertheir 465 vote as councilmancouncilmember until further action is taken by council. 466 (Amd. of 7-12-2005 (S.B. 126)) 467 468 Sec. 16. City clerk. 469 The city council shall appoint an officer of the city who shall have the title of city clerk.The city clerk shall 470 be appointed by a majority vote of the city council to hold office until their successor has been duly 471 chosen and qualified, but subject to removal at any time by the council. The city clerk shall give notice 472 of council meetings to its members and the public, keep the journal of its proceedings and perform such 473 other duties as are assigned by this charter or ordinance or by the council or by state law. 77 Del. Laws, c. 474 130, § 14 475 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 14)) 476 477 Sec. 17. Controller/treasurer. 478 At the annual meeting the council shall elect a Controller/treasurerThe controller/treasurer shall be 479 appointed by a majority vote of the city council to hold office until the next annual meeting of the council, 480 or until his/hertheir successor has been duly chosen and qualified, but subject to removal at any time by the 481 council. 482 483 The Controllercontroller/treasurer shall be the custodian of all the city funds and shall deposit them in a 484 banking institution designated by the council. 77 Del. Laws, c. 130, § 15 485 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 15)) 486 487 Sec. 18. Ordinances authorized; maximum penalty for violation. 488 The council is hereby vested with the authority to adopt ordinances of every kind relating to any subject 489 coming within the powers and functions of the city, or relating to the government of the city, its peace and 490 order, its sanitation, appearance and beauty, the health, safety, convenience and comfort of its population, 491 and the protection and preservation of property to include regulation of rental properties, safe 492 communities, and land rentals, and to fix and impose and enforce the payment of, fines and penalties for 493 the violation of any such ordinance; as such penalties will be provided by the Dover Code of Ordinances 494 and no provision in this Charter as to ordinances on any particular subject shall be deemed or held to be 495 restrictive of the power to adopt ordinances on any subject not specifically enumerated. 77 Del. Laws, c. 130, 496 § 16 497 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 16)) Page 42

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 14 498 Sec. 19. Power of council to define and abate nuisances. 499 The council shall have power to define nuisances and cause their abatement. The operation of any 500 instrument, device, or machine of any kind whatsoever, that shall cause electrical interference with radio or 501 television reception within the limits of the city shall, at the option of the council, be deemed to be a 502 nuisance. 503 (Amd. of 7-12-2005 (S.B. 126)) 504 505 Sec. 20. Power of council to provide for fire protection measures. 506 The council shall have power to adopt all measures requisite or appropriate for protection against fire. To 507 this end the council may adopt ordinances prohibiting the use of building materials that the council deem 508 would create a fire hazard, and may zone or district the city and make particular provisions for particular 509 zones or districts with regard to buildings and building materials. This power shall be deemed to embrace 510 new buildings or additions to or alterations of existing structures of every kind. The council shall have the 511 power to condemn any building or structure or portion thereof that it deems to be a health hazard or 512 constitutes a fire menace or to require or cause the same to be torn down, removed, or so altered as to 513 eliminate the health hazard or menace of fire. 514 (Amd. of 7-12-2005 (S.B. 126)) 515 516 Sec. 21. Power of council to adopt zoning ordinances. 517 The council may adopt zoning ordinances limiting and restricting to specified districts, and regulating 518 therein, buildings and structures according to their construction and the nature and extent of their use. 519 520 (Amd. of 7-12-2005 (S.B. 126)) 521 522 Sec. 22. Power of council to regulate construction of buildings and require permits; building inspector 523 authorized. 524 The power of the council to adopt ordinances for the safety of the city and its population shall be deemed 525 to embrace the right to prescribe the height and thickness of the walls of any building and the kind and grade 526 of materials used in the construction thereof. 527 528 The council may provide for the issuance of building permits and forbid the construction of a new building 529 or the addition to or alteration and repair of an existing building except when a building permit has been 530 obtained therefore. The council may appoint a building inspector and prescribe his/hertheir powers and 531 duties. 532 (Amd. of 7-12-2005 (S.B. 126)) Page 43

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 15 533 Sec. 23. Power of council to create city planning commission; members generally. 534 The council may create a city planning commission for the development, improvement, and beautification 535 of the city, and prescribe its powers and duties. No member of the planning commission may hold at the 536 same time, any elected city office. 537 Members of any planning commission created by the city shall consist of two (2) members from each council 538 district and one member serving at largeat-large. 539 All members of the planning commission must be residents of the City of Dover. 540 Each appointed member of the commission shall receive per diem reimbursement for expenses to be paid 541 quarterlymonthly for preparation and attendance at each meeting of the planning commission attended in 542 an amount to be set by council. 543 (Amd. of 7-12-2005 (S.B. 126)) 544 545 Sec. 24. Power of council to franchise or license public utilities and common carriers. 546 The council shall have the right to grant or refuse franchises or licenses to public utilities and common 547 carriers and fix the terms and conditions thereof and to regulate their use of the streets, lanes, alleys, 548 rights-of-way, and air space or airways of the city. 549 (Amd. of 7-12-2005 (S.B. 126)) 550 551 Sec. 25. Power of council to operate light, power or water plant. 552 The council shall have power to operate a light, power and water plant for the city, and to do all things 553 necessary for its maintenance and operation. The council may at their option transmit electric current and/or 554 water from its said plant to places or properties outside of the city limits upon such terms, charges and 555 conditions as they shall determine. 556 The council shall have power to adopt ordinances, rules and regulations in regard to the use for public or 557 private purposes of electric current distributed and or water furnished by the city and the amount to be paid 558 by the users thereof, and fix fines and penalties for any willful or negligent injury or damage to its water and 559 light plant, and to any objectionable use in connection with its light and water system, and to any 560 interference with or obstruction of the said system. 561 562 (Amd. of 7-12-2005 (S.B. 126)) 563 564 Sec. 26. Power of council with reference to sewers. 565 The council shall have superintendence and supervision of the sewers and the sewer system of the city. They 566 shall have power to install any or additional sewers in the city. The council may by condemnation 567 proceedings take for sewer purposes, private land, or the right to use private land under the surface thereof, 568 for the laying of sewer mains. The proceedings by condemnation under this section shall be the same as 569 prescribed by Section 27 of this Charter with regard to the laying out of new streets, and the resolutions 570 referred to in said section shall be modified to cover the case contemplated by this present section. Page 44

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 16 571 The council shall have power to make all ordinances, rules and regulations regarding the sewers and sewer 572 system of the city and the use thereof, and may fix fines and penalties for the violation of the provisions of 573 such ordinances. The council may require any property in the city to be connected with the water and sewer 574 mains and to compel the owner of such property to pay the cost of such connection and the tapping fee or 575 charge therefore. The connecting with the water or sewer mains and the tapping thereof shall be under the 576 regulation and control of the council. 577 The council may extend the sewer system of the city to places outside of the city limits upon such terms, 578 charges and conditions as it shall determine. 579 The council is hereby authorized to impose a charge or rent for the use of the sewer system of the city, both 580 within and without the limits of the city, and in addition to the connection or tapping charges. 581 (Amd. of 7-12-2005 (S.B. 126)) 582 583 Sec. 27. Power of council to lay out, locate, abandon, etc., streets, sidewalks, etc. 584 The council shall have power and authority to lay out, locate, accept, and open new streets and to widen and 585 to alter existing streets or parts thereof, and to vacate or abandon streets or parts thereof, whenever they shall 586 deem it for the best interest of the city. 587 Whenever, the land comprehended or included in any street, or part thereof, vacated or abandoned under this 588 section is owned by the city, the council may, in their discretion, sell such land either at private or public sale 589 and for such consideration as the council shall deem proper, and shall have the right and power to convey 590 to the purchaser or purchasers thereof a good and sufficient title thereto. 591 The word 'street' shall be deemed and held to comprehend and include sidewalks, lanes and alleys. 592 (Amd. of 7-12-2005 (S.B. 126)) 593 594 Sec. 28. Power of council to pave streets, sidewalks, etc. and levy assessment for public improvements; 595 municipal lien docket. 596 The council shall have power to pave or repave, or to cause to be paved, or repaved, the streets and 597 sidewalks of the city, or any part or portion thereof, with such material or materials as it shall determine. 598 The power hereby conferred shall be exercised in the following manner, pursuant to Chapter 98 - Streets, 599 Sidewalks, Storm Sewers and Other Public Places of the Dover Code, to wit: 600 SIDEWALKS 601 A. The city council, at such time as it shall determine that the condition or conditions of a particular 602 street or streets, or portion thereof, requires that sidewalks be laid, or that the sidewalks then existing, if 603 there be sidewalks laid, should be improved, or upon the petition of a majority of persons owning property 604 along any of the streets, or a portion of any of the streets of the said city, asking that the sidewalks abutting 605 on said street or streets, be improved, or that sidewalks be laid where there are none at the time of the filing 606 of the petition, may direct the property owner or owners to lay or replace sidewalks with such material or 607 materials, as, in the judgment of the said Council of the City of Dover, may seem best under the Page 45

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 17 608 circumstances. 609 It shall be the duty of the city manager to give at least fifteen (15) days notice in writing to the owner or 610 owners of the property affected by the action of the said council. Said notices shall be served in the manner 611 following: A copy thereof shall be delivered personally to the owner or owners of said property, or a copy 612 thereof shall be left with the tenant in possession of the property, or a copy thereof shall be sent by registered 613 mail to the last known post office address of the owner or owners of the said property or properties so 614 affected. Service of such notice by either of said methods shall be sufficient to bind the owner or owners 615 under the provisions of this Charter. 616 It shall be the duty of the owner or owners, after notice shall have been given in either of the ways above 617 designated, to forthwith cause the said sidewalks to be laid or the improvement or alterations thereof to be 618 made, as directed in said notice. 619 Upon the failure of the owner or owners to lay or cause to be laid or improved or altered, the sidewalks or 620 portion thereof, according to the direction of said notice, it It shall be the duty of the City Managercity 621 manager to cause the said sidewalks to be laid or altered or improved, as the case may be., according to the 622 terms of such notice. 623 624 STREETS 625 B. The council shall adopt an ordinance or resolution stating, in effect, that on a named day and at a 626 named hour and place, the council will meet to consider the question of paving or repaving, with specified 627 material or materials, the named street in front of the property of named owners, and, of assessing the cost 628 thereof against the owners. Said ordinance or resolution shall be published at least one week prior to the 629 meeting aforesaid in at least one issue of a newspaper published in the city. The council shall hold a meeting 630 in accordance with said ordinance or resolution and shall hear thereat the named owners of property and 631 other residents of the city appearing on the questions presented in said ordinance or resolution. 632 After such hearing, the council shall decide, either at said meeting or at a subsequent meeting, whether or 633 not to proceed with the paving or repaving specified in said ordinance or resolution; provided, however, that 634 the council shall not proceed with such improvement if, at or prior to the hearing aforesaid, the council shall 635 be presented with a written objection thereto signed by a majority of the owners of real property in front of 636 which such paving or repaving was contemplated. It shall be the duty of the city manager to cause said 637 streets to be laid or altered or improved, as the case may be. The provisions of this subsection, relating 638 to the paving or repaving of streets, shall be deemed to apply to and include curbs and gutters. 639 SPECIAL ASSESSMENTS 640 C. The city shall have the authority to levy and collect special assessments upon property in a limited 641 and determinable area for special benefits accruing to such property as a consequence of any 642 municipal public work or improvement, and to provide for the payment of all, or any part of, the cost 643 of the work, service or improvement out of the proceeds of such special assessments. 644 When the term "owner" or "owners" is used with respect to special assessments, it shall be deemed 645 to mean the person or persons who owned the property in question at the time of the enactment of 646 the assessment ordinance, and, any change in ownership thereafter shall not be deemed to affect any 647 of the steps or proceedings described in this Charter with respect to special assessments. Page 46

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 18 648 The council shall also have the authority to enact ordinances which provide for the levy and 649 collection of assessments against property owners for the cost of installation of sanitary sewers, 650 storm sewers, water mains, streets, sidewalks, street lights, curbs, gutters and other public 651 improvements. 652 Such ordinances shall prescribe: 653 (1) The basis to determine the amount which shall be assessed upon the properties abutting the 654 public work or improvement; 655 (2) What portion of corner properties shall be considered frontage and what portion side frontage 656 and whether there shall be any exemption on side frontage; 657 (3) Payment provisions providing for payment in installments, except that assessments for 658 current services or service connections shall be payable within one year; and 659 (4) Rules under which individual appeals shall be heard. 660 All special assessments and all water and sewer service charges shall be liens and shall be entered in the 661 municipal lien docket as liens. 662 The council may provide for the payment of special assessments for whatever purpose levied by 663 installments, but assessments for permanent improvements shall be paid in annual or more frequent 664 installments, and, assessments for current services shall be payable within one year. 665 MUNICIPAL LIEN DOCKET 666 D. A docket known as the "City of Dover Municipal Lien Docket" shall be prepared and maintained by 667 the city manager. The docket shall be substantially the same in form as the judgment docket for Kent 668 County and shall contain an index according to the name of the owner against whom such lien has 669 been assessed. All taxes and all charges for water service, sewer service, garbage service, electric 670 service, grass cutting services and debris removal, dangerous building ordinance costs and 671 assessments, special assessments for municipal improvements of any nature, and all other charges 672 or assessments made by the city against property owners may be recorded in the municipal lien 673 docket and shall be and constitute a lien upon all of the real estate of the taxable against or upon 674 whom such taxes and/or charges are laid or imposed, of which such taxable was seized at any time 675 after such taxes and/or charges have been levied and imposed, situate in the City of Dover. All liens 676 so recorded shall continue in full force and effect until the same plus accrued costs have been paid 677 in full. Upon payment in full of the lien and all costs, it shall be the duty of the city manager to enter 678 forthwith upon the docket the date of final payment and the words "satisfied in full." Failure to 679 record liens in the municipal lien docket shall not affect liens otherwise provided for in 25 Del.C. 680 section 2901, et seq. 681 682 (Amd. of 7-12-2005 (S.B. 126)) Page 47

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 19 683 Sec. 29. Streets, sidewalks, etc. to be under control of council; power of council to prescribe grades 684 thereon and regulate traffic. 685 The streets, sidewalks, lanes and alleys in the city shall be under the supervision, management and control 686 of the council, and the council may prescribe the grades thereof and adopt ordinances regulating the use 687 thereof and the traffic thereon. 688 689 (Amd. of 7-12-2005 (S.B. 126)) 690 691 Sec. 30. Power of council to provide for disposal of garbage and sewage. 692 The council shall have power to provide for the incineration or other sanitary disposal of litter, debris, refuse, 693 garbage and sewage. 694 (Amd. of 7-12-2005 (S.B. 126)) 695 696 Sec. 31. Power of council to regulate parking and provide parking lots. 697 The council shall have power to adopt ordinances regulating the parking of automobiles and motor vehicles 698 within the city, and may lease or purchase land to be used for parking purposes. 699 700 (Amd. of 7-12-2005 (S.B. 126)) 701 702 Sec. 32. Council to determine salaries of city appointees and employees. 703 The salaries or emoluments of all city appointees and city employees shall be determined by the council 704 through the pay system and Collective Bargaining Agreements as amended. 705 (Amd. of 7-12-2005 (S.B. 126)) 706 707 ARTICLE III. CITY MANAGER 708 709 Sec. 33. The city manager generally. 710 The council shall appoint a city manager who shall be the chief administrative officer of the city. The City 711 Managercity manager need not, when appointed, must be a resident of the city or the stateKent County 712 within 180 days of the time of hire. No member of the council shall, during the time for which elected, be 713 chosen as city manager. The manager shall be appointed for an indefinite term but shall be removable at the 714 pleasure of the council. Before the manager may be removed he/shethey shall, if he/shethey so demand, be 715 given a written statement of the reasons alleged for his/hertheir removal and the right to be heard publicly 716 thereon at a meeting of the council prior to the final vote on the question of his/hertheir removal, but 717 pending and during such hearing the council may suspend him/herthe city manager from office. The action 718 of the council in suspending or removing the manager shall be final, it being the intention of this Charter 719 to vest all authority and fix all responsibility for such suspension or removal in the council. In case of the 720 absence or disability of the manager the council may designate some qualified person to perform the duties 721 of the office during such absence or disability. 722 (Amd. of 7-12-2005 (S.B. 126)) Page 48

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 20 723 Sec. 34. Responsibility of manager; powers of appointment and removal. 724 The city manager shall be responsible to the council for the proper administration of all affairs of the city 725 placed in his/hertheir charge, and to that end, except as otherwise provided herein, he/shethe city manager 726 shall have the power to appoint and remove all employees in the administrative service of the affairs of the 727 city under his/hertheir charge. All such appointments shall be without definite term. 728 (Amd. of 7-12-2005 (S.B. 126)) 729 730 Sec. 35. Appointments and removals. 731 Neither the city council nor any of its members shall in any manner control or demand the appointment or 732 removal of any city administrative officer or employee whom the city manager or any subordinate of the city 733 manager is empowered to appoint, but the council may express its views and fully and freely discuss with 734 the city manager anything pertaining to appointment and removal of such officers and employees. The city 735 administrative officers and employees can be assured of due process in accordance with Title 19 of the 736 Delaware Code. 77 Del. Laws, c. 130, § 17 737 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 17)) 738 739 Sec. 36. Interference with administration. 740 Except for the purpose of inquiries, and investigations by council under Sec. 39, the council or its members 741 shall deal with city officers and employees who are subject to the direction and supervision of the city 742 manager solely through the city manager, and neither the council nor its members shall give orders to any 743 such officer or employee, either publicly or privately. 77 Del. Laws, c. 130, § 18 744 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 18)) 745 746 Sec. 37. Duties of the manager. 747 It shall be the duty of the city manager to supervise the administration of the affairs of the city under 748 his/hertheir charge; to make such recommendations to the council concerning the affairs of the city as may 749 seem to him/her desirable to the city manager; to keep the council advised of the financial conditions and 750 future needs of the city; to prepare and submit to the council the annual budget estimate; to prepare and 751 submit to the council such reports as may be required by that body; and to perform such other duties as may 752 be prescribed by this Charter or required of him/herthem by ordinance or resolution of the council. 753 (Amd. of 7-12-2005 (S.B. 126)) 754 755 Sec. 38. Right of manager to sit in council meetings. 756 The city manager and such other officers of the city as may be designated by vote of the council, shall be 757 entitled to seats in the council, but shall have no vote therein. 758 (Amd. of 7-12-2005 (S.B. 126)) 759 Page 49

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 21 760 Sec. 39. Investigations. 761 The city council may make investigations into the affairs of the city and the conduct of any city department, 762 office, officer, employee, or agency and for this purpose may subpoena witnesses, administer oaths, take 763 testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the 764 exercise of these powers by the council shall be a Class A misdemeanor punishable by existing State Law. 765 77 Del. Laws, c. 130, § 19 766 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 19)) 767 768 Sec. 40. Other functions of city manager. 769 The city manager shall have charge of the light and water plant operated by the city, and of the light and 770 water and sewer systems of the city. The City Managercity manager shall have charge of the supervision 771 of the streets, gutters, curbs and sidewalks of the city and of all work relating thereto. The City Managercity 772 manager shall have charge of the administration of all provisions of this Charter and ordinances and 773 regulations of the council relating to affairs of the city, when not otherwise provided for by this Charter or 774 by any ordinance or resolution of the council. The City Managercity manager shall ex officio be the 775 collector of taxes for the city. It shall be his/herthe city manager's duty to collect all water rents and fees 776 for the tapping of water mains and sewers, all charges for electric current and all city revenue from any 777 source whatsoever. The City Managercity manager shall pay over to the Controllercontroller/treasurer at 778 least monthly, and oftener if required by council, all moneys received or collected by him/herthem and by 779 any employee under him/herthe city manager. 780 The City Managercity manager shall keep a full and strict account of all moneys received and all transfers 781 made by him/herthem to the Controllercontroller/treasurer and such accounts shall be at all times open to 782 inspection by the council. The City Managercity manager shall make such reports and at such times as the 783 council shall direct. 77 Del. Laws, c. 130, § 20 784 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 785 786 Sec. 41. 787 This section has been intentionally left blank. 788 789 ARTICLE IV. FINANCIAL AFFAIRS 790 Sec. 42. Signing of warrantsPayments, Receipts, Accounting, Reporting, and Bonding. 791 The Controllercontroller/treasurer shall pay out no money except upon warrant signed by the city manager 792 and countersigned by the mayor. 793 The mayor and the city manager shall sign no warrants on the Controller/treasurer except pursuant to 794 appropriations, contracted awards for services or products, or resolutions theretofore made by the council. 795 The Controllercontroller/treasurer shall keep a true and detailed account of all moneys received and of all 796 moneys paid out by him/herthem. The Controllercontroller/treasurer shall preserve all vouchers for moneys Page 50

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 22 797 paid by him/herthem. His/herThe controller/treasurer's books and accounts shall at all times be open to 798 inspection by the council or the mayor or the city manager. 799 The Controllercontroller/treasurer shall make such reports and at such times as the council may direct. 800 The Controllercontroller/treasurer shall be required to give bond in such amount and in such form and with 801 such surety as the council shall determine or approve. 77 Del. Laws, c. 130, § 20 802 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 803 804 Sec. 43. Fiscal year. 805 The fiscal year of the city shall begin the first day of July and shall end with the next succeeding thirtieth 806 day of June. 807 (Amd. of 7-12-2005 (S.B. 126)) 808 809 Sec. 44. Annual budget. 810 On or before the second Monday Tuesday of May of each year, the city manager shall prepare and submit 811 to the council, a draft budget, presenting a financial plan for conducting the affairs of the city for the 812 ensuing fiscal year. The total of proposed expenditures shall not exceed the total of anticipated income. 813 The budget shall include the following information: 814 1. A detailed statement showing the expenses of conducting each department and office of the 815 city for the current year and last preceding fiscal year. 816 2. A detailed estimate of the expenses of conducting each department and office of the city for 817 the ensuing fiscal year with reasons for the increases and decreases recommended. 818 3. The amount of the debt of the city together with a schedule of maturities of bond issues. 819 4. A statement showing the amount required for interest on the city debt and for paying off any 820 bonds maturing during the year and the amount required for the sinking fund. 821 5. An itemized statement of all anticipated income of the city with a comparative statement of 822 the amounts received by the city from each of the same or similar sources for the last 823 preceding and current fiscal years. 824 6. An estimate of the amount of money to be received from taxes. 825 7. Such other information as the city manager may think desirable or as may be required by the 826 council. 827 The council shall on or before the second fourth Monday in the month of June in each year adopt a budget 828 for the succeeding fiscal year. The council shall, so far as possible, adhere to the budget so adopted in the 829 making of appropriations. Page 51

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 23 830 Sec. 45. Payment of claims; issuance of warrants after approval of city manager; reports by manager 831 thereon to council. 832 No claim against the city shall be paid except on an order on the Controllercontroller/treasurer, signed by 833 the city manager, and approved and countersigned by the mayor. The city manager shall examine all 834 payrolls, bills and other claims and demands against the city and shall issue no warrant for payment, unless 835 he/shethe city manager finds that the claim is proper and in proper form and correctly computed. 77 Del. 836 Laws, c. 130, § 20 837 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 838 839 Sec. 46. Annual audit. 840 Annually in the month of July the council shall have the finances of the city and the books and accounts of 841 the city manager and the Controllercontroller/treasurer audited by a certified accountant. 842 843 As soon as practicable after such audit has been completed, the council shall cause to be made and published 844 a report of the city's finances for the preceding fiscal year. 77 Del. Laws, c. 130, § 20 845 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20)) 846 847 Sec. 47. General assessment; levy on utility property; lodging tax. 848 The Citycity shall cause to be made a true, just, and impartial valuation and assessment of all real property 849 within the city, locating each parcel of real property by street and number or other description. The assessor 850 or assessors shall be appointed by a majority vote of the Councilcouncil at its annual meeting by majority 851 vote thereof to hold office until their successor has been duly chosen and qualified, but subject to 852 removal at any time by the council. Before entering upon the duties of office, an assessor shall be sworn 853 or affirmed by the Mayormayor to perform the duties of the assessor's office with fidelity and without favor 854 or partiality. 855 Whenever Councilcouncil shall direct, as set forth in Chapter 102 - taxation, article I - in general, Section 856 102-1 - valuation and assessment, of the Dover Code of Ordinances, all real property in the City of Dover 857 shall be reassessed by an outside mass appraisal company or a consortium of appraisers chosen by 858 Councilcouncil. The mass appraisal company or consortium of appraisers shall be licensed to conduct 859 business in the State of Delaware and the City of Dover and shall employ appraisers who are licensed by the 860 Delaware Division of Professional Regulation. This assessment shall be in lieu of the valuation and 861 assessment made by the assessor or assessors appointed by Councilcouncil as described herein above and 862 in lieu of the assessor's duties described herein above. 863 864 The assessor or assessors shall include supplemental assessments made annually for the purposes of (1) 865 adding property not included in the last assessment or (2) increasing or decreasing the assessment value of 866 property which was included in the last annual assessment. 867 The annual assessment date for all real property shall be January 1st of each year. The assessment of all 868 property shall be at its true value in money as of the assessment date. True value in money shall be the fair 869 market value. Page 52

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 24 870 The general assessment shall be set down by the assessor or assessors in two (2) or more copies, as the 871 Councilcouncil shall direct, and shall be delivered to the Councilcouncil as soon as made. The 872 Councilcouncil shall, on the first day of April of each year, cause a copy of the general assessment to be 873 posted in two (2) public places in the city for ten (10) days. The assessor shall notify the public of an appeal 874 deadline of thirty (30) days from the date of general assessment posting. 875 The Councilcouncil may direct that appeals from any assessment be heard by a committee, known as the 876 Board of Assessment Appealsboard of assessment appeals, of not less than three (3) members appointed 877 by the Councilcouncil. The Board of Assessment Appealsboard of assessment appeals shall sit at a stated 878 place and time to hear the appeals of all taxpayers dissatisfied with the assessment of their properties, shall 879 collect such information as they consider proper and necessary, and shall report their findings. 880 881 Notice of the place and time that the Board of Assessment Appealsboard of assessment appeals will sit 882 to hear appeals shall be posted with the general assessment in two (2) public places for a period of ten (10) 883 days. Notice of the posting of the copies of the general assessment and of the place and time of the meetings 884 of the Board of Assessment Appealsboard of assessment appeals shall be published in at least one issue 885 of a newspaper published in the city. 886 The assessment as revised and adjusted by the Board of Assessment Appealsboard of assessment appeals 887 or Superior Courtsuperior court shall be the basis for the levy and collection of taxes for the city. 888 The Councilcouncil shall have the right to levy and collect taxes on gas mains, telephone, telegraph, 889 communications systems, or trolley poles or other erection of like character within the limits of the city, 890 together with the wires thereon strung; and to this end the Councilcouncil may at any time direct the same 891 to be included in or added to the general assessment. 892 893 The Councilcouncil may impose and collect a lodging tax of no more than 3% of the rent, in addition to the 894 amount imposed by the State, for the occupancy of any room in a hotel, motel, or tourist home, as defined 895 under § 6101 of Title 30 of the Delaware Code, which is located within the boundaries of the City of Dover. 896 Nothing contained in this section shall be deemed or held to invalidate or otherwise effect any assessment 897 made prior to the approval of this section or any tax levied thereunder. 77 Del. Laws, c. 130, § 21; 78 Del. 898 Laws, c. 217, § 1 899 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 21); Res. No. 2011-12 (S.B. 166), 900 11-28-2011; H.B. 255 , 7-17-2019) 901 902 Sec. 48. Maximum budget. 903 The council shall in the month of June of each year determine the amount of money to be raised for the city 904 for general purposes for the next fiscal year not exceeding two (2) percent of the total taxable assessment 905 for a general tax, and shall also determine the amount of money required to be raised in such year by the city 906 for interest, sinking fund and redemption of the bonds of the city. A reasonable sum for delinquencies, 907 discounts and costs of collection may be added by the council to the amounts aforesaid. The amounts 908 determined as aforesaid together with any additional sum or sums authorized to be levied and collected, as 909 in this section hereinafter provided, shall be levied and collected by the council on the property and persons 910 assessed as aforesaid and in accordance with such assessment and according to a rate established by the 911 council. Page 53

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 25 912 The amounts to be levied and collected by the council shall include all special ad valorem taxes, special 913 taxes, and ad valorem taxes levied in connection with or pursuant to Chapter 17 or Chapter 18 of Title 22 914 of the Delaware Code. 915 (Amd. of 7-12-2005 (S.B. 126); Amd. of 5-16-2017 ( H.B. 116 ), § 1) 916 917 Sec. 49. Payment and collection of taxes; errors and delinquents in assessments. 918 All taxes shall be paid to the collector of taxes. For all taxes not paid on or before July 31st in the calendar 919 year that they are assessed, there shall be added and collected a one and one-half percent (1.5% (18% per 920 annum)) for every month or fraction of a month after the 31st day of July that said taxes remain unpaid. 921 It shall be the duty of the collector of taxes to proceed forthwith to collect all taxes unpaid by the first day 922 of October in the calendar year that they were assessed and in the collection of said taxes he/shethey shall 923 have all the powers conferred upon or vested in the Receiver of Taxes and County Treasurer for Kent 924 County. 925 The council shall have the authority to allow errors and delinquents in the assessment. 926 The provisions of §8705, Title 9 of the Delaware Code shall be deemed and held to apply to all taxes laid 927 and imposed under the provisions of this Charter. 928 The provisions of this Section 49 shall apply to all special ad valorem taxes, special taxes, and ad valorem 929 taxes levied by the council in connection with or pursuant to Chapter 17 or Chapter 18 of Title 22 of the 930 Delaware Code. 931 (Amd. of 5-16-2017; ( H.B. 116 ), § 2) 932 933 Sec. 49A. Assessment, payment, and collection of taxes for new construction. 934 In the event that the mayor and council of the City of Dover desire to collect and levy taxes on newly 935 constructed property not taxed by virtue of the city's annual assessment, the city may enact an ordinance to 936 do so provided that: At the beginning of each quarter of each year, there shall be an increase in the valuation 937 and assessment of all newly constructed real property within the city, locating each parcel of real property 938 by street and number or other description. Property shall be deemed to be newly constructed when the city 939 permits occupancy and use (Certificate of Occupancy) or when new construction is being used or occupied 940 for its intended purpose. The said valuation and assessment shall be made by an assessor or assessors who 941 shall be electedappointed by council in accordance with the provisions set forth in Section 47 of this 942 Charter. 943 The aforementioned assessment shall be during the months of January, April, July, and October of each year. 944 Any new construction with an added value of $25,000 or less shall not be realized until the next annual 945 assessment roll. The property owner may appeal any assessment for new construction in accordance with 946 Section 47 of this Charter. 947 The aforementioned assessment shall be deemed a general assessment for all property with new construction. Page 54

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 26 948 The council may direct appeals from any general assessment for new construction in accordance with 949 Section 47 of this Charter. 950 Nothing in this section contained shall be deemed or held to invalidate or otherwise affect any assessment 951 made prior to the approval of this section or any tax levied thereunder. 952 953 All taxes shall be paid to the collector of taxes. Said taxes shall be paid within thirty (30) days of billing and 954 those taxes not paid shall accrue a penalty in the amount of one and one-half (1½) percent per month. For 955 every tax that is not paid as prescribed herein, the tax collector shall have all the powers conferred upon or 956 vested in the Receiver of Taxes and County Treasurer for Kent County. 957 The council shall have the authority to allow errors and delinquents in the assessment. 958 959 The provisions of 9 Del. C. § 8705 and 25 Del. C. §§ 2901 through 2905, as they may from time to time be 960 amended, shall be deemed and held to apply to all taxes laid and imposed upon the provisions of this 961 Charter. 77 Del. Laws, c. 130, §22 962 (Amd. of 7-12-2005 (S.B. 126)) 963 Sec. 49B. Realty transfer tax. 964 Notwithstanding any statute to the contrary, the City of Dover shall have the power by ordinance to 965 impose and collect a tax, to be paid by the transferor or transferee as determined by council, upon the 966 transfer of real property within the city not to exceed one and a half percent (1.5%) or as amended 967 by State law of the value of the real property as represented by the document transferring the 968 property. The provisions of Section 5401 and Section 5403 of Chapter 54, Title 30 of the Delaware 969 Code shall apply with respect to any realty transfer tax imposed by the City of Dover pursuant to the 970 authority granted herein. The council of the City of Dover may adopt an ordinance or ordinances to 971 provide for the effective administration and regulation of any tax adopted pursuant to the authority 972 conferred herein. If the taxing power and authority granted herein shall be exercised by way of a 973 stamp affixed to a document, the recorder of deeds in and for Kent County shall not receive for record 974 documents subject to said tax unless stamps provided by the City of Dover are affixed thereto showing 975 payment of the tax. 77 Del. Laws, c. 130, § 4 976 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 4)) 977 (Moved from Sec. 3. Employee pension benefit) 978 979 Sec. 50. Debt limit. 980 (a) Whenever the needs of the city shall require more money than is at the time in the city 981 treasury from current receipts, the council shall be authorized and empowered to anticipate 982 current revenue by borrowing such sums as shall be needed not in excess of one (1) percent 983 of the total taxable assessment for a general tax. The amount so borrowed shall be paid back 984 out of current revenue received thereafter. 985 986 To exercise the power aforesaid the council shall adopt a resolution to that effect, which 987 resolution shall require the affirmative vote of at least three-fourths of all the members of the Page 55

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 27 988 council, and the approval of the mayor. The indebtedness created under this section shall be 989 evidenced by the bond, or note, of the city, and the faith and credit of the city shall be 990 deemed to be pledged thereby. 991 (b) The mayor and council is hereby authorized and empowered to borrow from time to time on 992 the faith and credit of Thethe City of Dover sums of money for such purposes as may be 993 deemed necessary and proper by the mayor and council of the said city which purpose shall 994 be consistent with the powers conferred upon the mayor and council of Thethe City of Dover 995 by the Charter thereof, as amended, for the management and maintenance of the said city and 996 for these purposes the mayor and council shall have full power and authority to issue bonds 997 of the said "Thethe City of Dover." 998 The aggregate of the amounts so borrowed together with all other bonded indebtedness for which the full 999 faith and credit of the City of Dover has been pledged shall not at any time exceed a sum equal to 5 percent 1000 of the total assessed value of real property situate within the bounds of the City of Dover as such boundaries 1001 shall from time to time appear. 1002 The said bonds shall be issued in one or more series, shall bear such date or dates, shall mature at such time 1003 or times, shall bear interest at such rate or rates, shall be payable at such time or times, and at such place or 1004 places, shall be in such denominations, and shall contain such other provisions as the mayor and council may 1005 provide and shall be set forth in the said bonds. Said bonds may or may not be coupon bonds and may be 1006 registered or otherwise as the mayor and council deem advisable. 1007 1008 The mayor and council shall direct and effect the preparation and sale of said bonds at such time or times, 1009 at such price or prices, and upon such terms as the said mayor and council deem advisable, and all the 1010 monies arising from the sale of said bonds shall be used for the municipal purposes of Thethe City of Dover 1011 specified in the resolution authorizing their issue. 1012 The form of said bonds and of any coupons which may be thereunto attached shall be as prescribed by the 1013 mayor and council, and all such bonds shall be signed by the mayor and the treasurer of Thethe City of 1014 Dover and sealed with the corporate seal thereof. Facsimile signatures of the mayor and treasurer and a 1015 facsimile of the corporate seal may be imprinted upon such bonds and any coupons attached to said bonds 1016 in lieu of the signatures of the said mayor and treasurer in their own handwriting and of the affixing of the 1017 corporate seal itself. 1018 Said bonds of Thethe City of Dover shall be exempt from all state, county and municipal taxes. 1019 1020 The mayor and council of Thethe City of Dover are hereby authorized and required to levy and raise by 1021 taxation in each and every year such sums of money as may be required to pay the interest accrued on said 1022 bonds while all or any of said bonds remain unpaid, and the said mayor and the city council are further 1023 authorized and required to levy and raise by taxation, from time to time such sum or sums of money as shall 1024 be needed to establish such sinking funds as the said mayor and the city council may at their discretion 1025 authorize for the redemption of said bonds, or any of them, at or before their maturity and such sum or sums 1026 of money as shall be required to otherwise redeem any or all of said bonds at or before their maturity. Taxes 1027 for interest and for redemption of said bonds shall be levied and raised as taxes for general municipal 1028 purposes in the said city are levied and raised and shall be in addition to those levied and raised for any and 1029 all other municipal purposes. A statement appearing in the bonds issued under the provisions of this section 1030 to the effect that the bonds have been duly authorized shall be deemed and held to be conclusive evidence Page 56

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 28 1031 in favor of the lawful holder of any such bonds that the terms and conditions of this section have been fully 1032 met and complied with. 1033 1034 (c) Bonds may be authorized and issued pursuant to subsection (b), without a referendum vote, 1035 by a resolution of the council which shall have the affirmative vote of three-fourths of the 1036 members thereof and the approval of the mayor, for the following purposes: 1037 (i) To finance capital projects, including, but not limited to, public storm sewers, water 1038 mains, sewer mains, streets and public buildings provided that no more than 1/4 of 1039 one percent (.2511%) of taxable assessed value of real property of aggregate principal 1040 amount of general obligation bonds may be issued at any one time pursuant to this 1041 clause and any new bonds issued pursuant to this clause may not cause the total 1042 aggregate principal amount of general obligation bonds outstanding at any one time 1043 to exceed one percent of the total taxable assessment for a general tax at the time 1044 such new bonds are issued; and 1045 (ii) to refund bonds secured by the city's full faith and credit, prior to their stated 1046 maturity, provided that (A) the present value of the aggregate principal and interest 1047 payments of the refunding bonds are not greater than the present value of the 1048 aggregate principal and interest payments on the bonds to be refunded determined by 1049 discounting at the effective interest rate on the refunding bonds, calculated based on 1050 the internal rate of return: and (B) at the time of issuance of the refunding bonds there 1051 are deposited in escrow, pledged to secure the refunded bonds, sufficient monies 1052 and/or direct obligations of, or obligations the principal of and interest on which are 1053 guaranteed by, the United States government, which, without regard to any 1054 reinvestment earnings, will be sufficient to pay when due all interest, principal and 1055 redemption price on the refunded bonds at maturity or upon earlier call for 1056 redemption. 1057 (iii) to issue tax exempt or taxable municipal conduit bonds to make proceeds 1058 available to a private entity in furtherance of projects that benefit the general 1059 public. Such bonds may be issued for but limited to industrial and housing 1060 projects, economic development and redevelopment projects, public facilities, 1061 schools, hospitals and other large scale projects. The conduit borrower shall, 1062 unless otherwise determined by the city in the bond document, be responsible 1063 for interest and principal payments on the bonds and for the obligation in event 1064 of default. Such bonds shall not be backed by the full faith and credit of the city, 1065 by taxation, or by municipal assets. 1066 (d) Except for bonds issued pursuant to subsection (c) hereof, all bonds issued under the 1067 provisions of subsection (b) shall first be approved by a referendum vote of the qualified 1068 voters (as herein defined) of Thethe City of Dover. Notice of the holding of such referendum 1069 election shall be authorized by resolution of the mayor and council, published once a week, 1070 for at least three (3) consecutive weeks in at least one newspaper circulated in Thethe City 1071 of Dover, Delaware. Such notice shall be set out in summary form the amount and purposes 1072 of such bond issue, the date and place of holding the referendum election and the hours the 1073 polls will be open. Page 57

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 29 1074 At said referendum election "qualified voter" shall mean every natural person who is a resident or a 1075 nonresident taxable of the city, of the age of eighteen (18) years or upwards. Each qualified voter shall be 1076 eligible to vote and shall have one vote. 1077 1078 The City Assessorcity assessor or his/hertheir designee shall attend the election with the last city assessment 1079 and tax payment records for the inspection of the election officers. The referendum election shall be held 1080 at such date as the mayor and council shall designate. The referendum election shall be held at such suitable 1081 place in said city as the mayor and council shall designate in said published notice. The polls shall be open 1082 from 7:00 a.m. (local time), and shall close at 8:00 p.m. (local time). The judge of the election shall, in the 1083 case of a tie vote on the bond issue cast the deciding vote, otherwise judge of the election shall refrain from 1084 voting, but the election clerks may vote. 1085 The total votes cast for and the total votes cast against the bond issue shall be certified as correct by at least 1086 two (2) of the election officers and delivered to the mayor, or to the clerk of councilcity clerk immediately 1087 after the total vote count has been certified. 1088 The mayor and council shall at the next regular meeting after the election, or at a special meeting, receive 1089 the results of the referendum election and make the same a part of the minutes of said meeting, whereupon 1090 if a majority of the votes cast were for the bond issue bonds herein provided for may be issued and sold as 1091 provided in subsection (b), but if at such referendum election the majority of the votes cast were against the 1092 bond issue, then no bonds shall be issued nor shall any money be borrowed pursuant to the resolution 1093 submitted to the referendum. 1094 1095 (e) In addition to the power otherwise granted in this section, the mayor and council may issue 1096 special assessment revenue bonds to finance those public projects for which the city may levy 1097 and collect special assessments pursuant to Section 28 of this Charter. Such bonds shall not 1098 obligate the faith and credit of the city, but shall be payable solely from the proceeds of the 1099 special assessments which are pledged to the payment thereof. Such bonds shall be 1100 authorized without a referendum vote by a resolution of the council which shall have the 1101 affirmative vote of three-fourths of the members thereof and the approval of the mayor. 1102 (f) After authorization of the sale of bonds as provided in this section and in anticipation of the 1103 sale and issuance of said bonds, the mayor and council may borrow money and issue notes 1104 of the city for the purpose and to the extent of the amount of bonds authorized to be sold, less 1105 the amount of any bonds theretofore issued under such authority. The said borrowing shall 1106 be authorized by a resolution of the council which shall have the affirmative vote of 1107 three-fourths of the members thereof and the approval of the mayor, and the note or notes 1108 thereby authorized shall be signed by the mayor and treasurer of the city. When issued and 1109 signed in accordance with this subsection (f), the faith and credit of the city shall be deemed 1110 to be pledged for the repayment of all said notes, except those issued pursuant to subsection 1111 (e) hereof. 1112 The note or notes issued in anticipation of a bond issue may be renewed from time to time, but the proceeds 1113 of the sale of such bonds shall, to the extent necessary, be first used to pay and retire such notes. Said notes 1114 may be redeemed at par and accrued interest at any time prior to their maturity if the right so to do shall have 1115 been reserved. Page 58

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 30 1116 (g) For the purposes of the debt limitations prescribed in this section, (i) any bonds which have 1117 been refunded pursuant to subsection (c)(ii) shall be treated as no longer outstanding; and (ii) 1118 bonded indebtedness, principal amount of bonds and bonds outstanding shall be determined 1119 without regard to original issue discount. 77 Del. Laws, c. 130, § 23; 78 Del. Laws, c. 225, 1120 §1 1121 (h) Any and all provisions of this Section 50 and any other section of this Charter limiting the 1122 amounts of indebtedness to be incurred or taxes to be levied or collected by the council shall 1123 not apply to any indebtedness incurred or any special ad valorem taxes, special taxes, or ad 1124 valorem taxes levied or collected pursuant to or in connection with Chapter 17 or Chapter 1125 18 of Title 22 of the Delaware Code. 1126 (Amend. of 7-12-2005 (S.B. 126); Amend. of 7-12-2007 (S.B. 146), §§ 1, 2, Amd. of 7-8-2009 (S.B. 165, 1127 § 23); Res. No. 2012-02 (S.B. 173), 1-23-2012; Amd. of 5-16-2017 ( H.B. 116 ), § 3) 1128 Editor's note(s)-It should be noted that Charter Resolution No. 2012-02 (Senate Bill No. 173) was approved 1129 by the Delaware General Assembly and was signed by said Assembly on April 19, 2012. 1130 ARTICLE V. MISCELLANEOUS PROVISIONS 1131 1132 Sec. 51. Trees. 1133 Trees being among the chief beauties of the city, and their preservation requiring that they be treated with 1134 special care and intelligence, the city manager is empowered to appropriate annually an amount of money 1135 adequate for their care and preservation. The City Managercity manager may be given authority to take 1136 necessary or appropriate action to prevent injuries to trees from electric wires or from any other source or 1137 cause whatsoever, and to combat the pests and diseases to which they are subject, and when necessary to 1138 employ tree experts provided that they do not exceed the appropriation made by the council. 1139 (Amd. of 7-12-2005 (S.B. 126)) 1140 1141 Sec. 52. 1142 This section intentionally left blank. 1143 1144 Sec. 53. Police; mayor to be conservator of peace. 1145 There shall be a city police force, the number thereof and their salaries shall be determined by the council, 1146 but they shall be chosen and appointed by the mayor. The mayor is hereby vested with all the powers of a 1147 conservator of the peace within the city limits. The Mayormayor shall appoint a Chief of Policechief of 1148 police, subject to confirmation by city council and removal at any time by the Mayormayor, with the 1149 affirmative vote of two-thirds of the members elected to city council, and in accordance with applicable 1150 laws. The members of the police force shall be subject to his/her direction and orders delivered through the 1151 proper chain of command and in accordance with applicable laws and ordinances. They shall preserve peace 1152 and order, and compel obedience within the city limits to the ordinances of the city and the laws of the state. 1153 They shall have such other duties as the council and the mayor shall prescribe by ordinance. 1154 1155 Each member of the police force shall be vested with all the power and authority within the city limits and 1156 within one mile outside of said limits, (and, in the case of the pursuit of an offender, without limit) of a Page 59

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 31 1157 constable of Kent County. 1158 (Amd. of 7-12-2005 (S.B. 126)) 1159 1160 Sec. 54. City solicitor. 1161 At the annual meeting the council shall elect a city solicitor for the term of one year or until his/hertheir 1162 successor has been duly chosen and qualified. 1163 The city solicitor may be removed during his/hertheir term by a vote of three-fourths of the members elected 1164 to the council. 1165 The city solicitor shall be an attorney at law who shall have practiced in the State of Delaware for at least 1166 five (5) years. The Citycity solicitor shall be the chief legal adviser of and attorney for the city. It shall be 1167 his/herthe city solicitor's duty, either personally or by such assistants as they may designate, to attend 1168 meetings of the council; to give advice in writing, when so requested, to the council or the city manager; to 1169 prosecute or defend, as the case may be, all suits or cases to which the city may be a party; to prosecute for 1170 all offenses against the ordinances of the city and for such offenses against the laws of the state as may be 1171 required of him/herthem by law; to prepare all contracts, bonds and other instruments in writing in which 1172 the city is concerned, and to endorse on each his/hertheir approval of the form and correctness thereof; and 1173 to perform such other duties of a legal nature as the council may by ordinance require. In addition to the 1174 duties imposed upon the solicitor by this Charter or required of him/herthe solicitor by ordinance or 1175 resolution of the council he/shethey shall perform any duties imposed upon the chief legal officers of 1176 municipalities by law. 1177 At the annual meeting the council shall elect a deputy city solicitor for the term of one year or until his/her 1178 their successor has been duly chosen and qualified. The deputy city solicitor shall be an attorney-at-law 1179 entitled to practice law in the State of Delaware, and shall serve in such manner as shall be determined by 1180 the city solicitor to be necessary and proper. 1181 1182 (Amd. of 7-12-2005 (S.B. 126)) 1183 1184 Sec. 55. Printed copies of ordinances and resolutions to be proper evidence. 1185 Printed copies of the ordinances and resolutions of the City Council of Dover, published by authority of the 1186 council, shall be admitted as evidence thereof in all courts, and in pleading it shall not be necessary to recite 1187 or draw them out at largeat-large. 1188 (Amd. of 7-12-2005 (S.B. 126)) 1189 1190 Sec. 56. Repeal of prior acts. 1191 All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter are hereby 1192 repealed. 1193 (Amd. of 7-12-2005 (S.B. 126)) 1194 Page 60

Item #14. DRAFT PROPOSED COUNCIL RESOLUTION NO. 2022-02 PAGE 32 1195 Sec. 57. Severability. 1196 If any part of this Charter, as it may from time to time be amended, are held to be unconstitutional, such 1197 holding shall not be deemed to invalidate the remaining portions of this Charter or amendments thereto. 1198 (Amd. of 7-12-2005 (S.B. 126)) 1199 Approved March 23,1931. 1200 State law reference(s)-36 Del. Laws, c. 158; 37 Del. Laws, c. 150; 37 Del. Laws, c. 151; 37 Del. Laws, c. 1201 152; 38 Del. Laws, c. 99; 40 Del. Laws, c. 159; 46 Del. Laws, c. 1; 46 Del. Laws, c. 275; 46 Del. Laws, c. 1202 283; 47 Del. Laws, c. 219; 47 Del. Laws, c. 313; 47 Del. Laws, c. 314; 47 Del. Laws, c. 330; 48 Del. Laws, 1203 c. 323; 48 Del. Laws, c. 334; 48 Del. Laws, c. 336; 49 Del. Laws, c. 314; 49 Del. Laws, c. 318; 51 Del. 1204 Laws, c. 92; 51 Del. Laws, c. 93; 52 Del. Laws, c. 112; 52 Del. Laws, c. 136; 54 Del. Laws, c. 96; 54 Del. 1205 Laws, c. 165; 56 Del. Laws, c. 49; 59 Del. Laws, c. 98; 59 Del. Laws, c. 165; 60 Del. Laws, c. 301; 60 Del. 1206 Laws, c. 311; 60 Del. Laws, c. 456; 61 Del. Laws, c. 147; 62 Del. Laws, c. 100; 64 Del. Laws, c. 5; 64 Del. 1207 Laws, c. 143; 65 Del. Laws, c. 28; 65 Del. Laws, c. 479; 66 Del. Laws, c. 63; 66 Del. Laws, c. 180; 66 Del. 1208 Laws, c. 361; 66 Del. Laws, c. 365; 67 Del. Laws, c. 7; 68 Del. Laws, c. 16; 68 Del. Laws, c. 18; 68 Del. 1209 Laws, c. 20; 68 Del. Laws, c. 339; 69 Del. Laws, c. 09; 69 Del. Laws, c. 31; 71 Del. Laws, c. 64; 72 Del. 1210 Laws, c. 277; 73 Del. Laws, c. 114; 73 Del. Laws, c. 284; 75 Del. Laws, c. 175; 76 Del. Laws, c. 119; 77 1211 Del. Laws, c. 130; 78 Del. Laws, c. 213; 78 Del. Laws, c. 217; 78 Del. Laws, c. 225, § 1; 79 Del. Laws, c. 1212 105, § 1; 79 Del. Laws, c. 106, § 1 1213 ADOPTED: * 1214 S:\CHARTER AND CODE AMENDMENTS-WORKING FILES\CHARTER 2022\RESOLUTION NO 2022-02 Request to the General Assembly - Charter Amendments.wpd 1215 1216 ROBIN R. CHRISTIANSEN ROY SUDLER, JR. 1217 MAYOR COUNCIL PRESIDENT 1218 Actions History: 1219 March 28, 2021 - Scheduled for Consideration by City Council Page 61