REGULAR COUNCIL MINUTES & EXHIBITS

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on January 9, 2023, at 6:30 p.m. with Councilman Anderson presiding. Council members present were Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Rocha (via Webex), Mr. Taylor, and Mr. Hare. Mr. Sudler was absent. Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Mrs. Gray, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:21 p.m., prior to the commencement of the Official Council Meeting. Acting Council President Anderson declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. Faye White, 101 Babb Drive, Unit 2219, Dover, explained that she sent a letter to the City on August 24, 2021, and spoke at the September 12, 2022, Regular Council meeting regarding obtaining one of the empty buildings downtown. She stated that she is the CEO of the nonprofit organization, A Second Chance, and would like a building downtown. She asserted that council has the authority to dispose of empty buildings/land/lots within the City limits. She asked the council to consider her request. INVOCATION The invocation was given by Elder Ellis Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Anderson ADOPTION OF AGENDA Mr. Hare moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried (Sudler absent). 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 (Sudler absent). CERTIFICATE OF CONGRATULATIONS – DOVER HIGH SCHOOL FOOTBALL TEAM The City Clerk read the following Certificate of Congratulations into the record:

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 2 CERTIFICATE OF CONGRATULATIONS presented to The Dover High School Football Team for an outstanding 2022 Football season. We commend the following student-athletes for their outstanding performance: Players Tyrone Abrams Taishaun Allen Dominick Eacho Elijah Bowers Rasheed Branch-Calhoun Connor Briggs Vincent Buttillo Amir Byrom Dashaun Cole Jaheim Cole William Cooke Nahseem Cosme Kaseem Cotton Keegan Countryman Tamir Darden Jefferson NohaRidge Eliazard Frasly Francois Jordan Ghyll Christopher Grady Jalyn Hamilton Tyrone Harrell Jamar Harris Bryant Hartwell Jason Hoskins Zah’mere Jackson Troy Johnson Cameron Jones Jakwon Kilby Tysean Milligan Shameek Morris Lucas Nichols Jaden Parker Jamal Parker John Parker Marc Patterson Jonathan Payne Jaylen Peace Ryan Perkins Nevon Pierce Jaylen Powell Connor Ridgway Daniel Shockley Jamir Simmons Nasir Snipes-Guzman Michael Stevenson Ja’Khai Tilghman Jeremiah Walker Nicolas Whiteman Jamil Williams Nehemiah Williams Brandon Yoder Managers Mekhi Boyd Justin Carreras Eric Carter Mubarak Hall Darius Stevens Zayir Veal The entire team and Coaches Chip Knapp, Jason Hunt, David Norman, Robert Skripko, C.C. Trott, Carl Batson, Issiah Chavis, Quan Harris, Alex Kemp, Eugene Scott, Hayden Vidrine, and Holden Vidrine are applauded for their remarkable achievement. We enjoyed cheering you on and look forward to next season. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 12, 2022 The Minutes of the Regular Council Meeting of December 12, 2022, were unanimously approved by motion of Mr. Neil, seconded by Mr. Boggerty, and bore the written approval of Mayor Christiansen (Sudler absent). MONTHLY REPORTS - NOVEMBER 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

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 3 PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCE #2022-21 A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments to Appendix B - Zoning, Article 3 - District Regulations, Section 20A – Industrial Park Manufacturing Zone – Business and Technology Center (IPM2) Mr. Neil moved that the Final Reading of Proposed Ordinance #2022-21 be acknowledged by title only, seconded by Ms. Arndt, and unanimously carried (Sudler absent). (The First Reading of the ordinance was accomplished during the Council Meeting of November 28, 2022.) Ms. Mary Ellen Gray, Director of Planning and Community Development, explained that the key components of the proposed text amendment include adding a purpose and intent section that articulates the purpose and intent of the business and technology zone. Ms. Gray further explained that it includes the addition of the truck terminal use, the clarification and the addition of accessory use, the addition of indoor and recreation amusement establishment uses, and the addition of the following conditional uses: a builder’s/contractor’s yard, a vocational education facility, associated retail uses in conjunction with an accessory to a permitted use, and the addition of a craft distillery and microbrewery, as well as the addition of a definition of a vocational education facility. Ms. Gray further explained that because this is a text amendment proposed in the zoning ordinance, a public hearing and recommendation by the Planning Commission are required. The review occurred on December 19, 2022, at the Planning Commission meeting after it was heard by council on November 28, 2022, at the First Reading. The Planning Commission voted 9 to 0 to recommend adopting the text amendment. Acting Council President Anderson declared the hearing open. There being no one present wishing to speak during the public hearing, Acting Council President Anderson declared the hearing closed. Mr. Hare moved for the adoption of the ordinance, as recommended by the Planning Commission. The motion was seconded by Mr. Neil, and, by a unanimous roll call vote (Sudler absent), Council adopted Ordinance #2022-21, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Appendix B – Zoning, Article 3 Section 20A Industrial Park Manufacturing Zone – Business and Technology Center (IPM2) be amended as follows: APPENDIX B – ZONING ARTICLE 3 - DISTRICT REGULATIONS Section 20A. Industrial park manufacturing zone – Business and Technology Center (IPM2)

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 4 Sec. 20A.A Purpose and Intent. The industrial park manufacturing zone – Business and Technology Center (IPM2) is established for the following: (a) To provide locations for the development of light to moderate industrial manufacturing, warehousing, distribution, logistics, research, and technology establishments as well as offices and professional services which could be compatible with residential uses. (b)To provide employment opportunities for nonoffensive industries, businesses, and technologies in close proximity to centers of population. (c) To include guidelines and performance standards which will control and confine any offensive features such as noise, vibration, heat, smoke, glare, dust, objectionable odors, toxic waste, or unsightly storage. Sec. 20A.1. 20A.1 Uses permitted. No building or premises shall be used and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following, and in accordance with performance standards procedure as set forth in article 5, section 8, and subject to site development plan approval as set forth in article 10, section 2: 20A.11 Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking, or any other type of manufacturing, industrial, or technological processing of any goods, materials, products, instruments, appliances, biotechnology, and devices. 20A.12 Research, design, testing, and development laboratories. 20A.13 Offices and corporate support operations for business and professional services, data management, financial services, insurance, and health care industries. 20A.14 Agricultural or farm uses as defined and permitted in article 3, section 1.11. 20A.15 Production of electricity provided that the power source used shall be gas, oil solar, or wind. 20A.16 Warehousing, transshipment and distribution, and logistics support and trucking terminals. 20A.17 Printing, publishing, binding, and packaging. 20A.18 Accessory uses: a) On-site offices, clinics, food service facilities, recreation facilities, and child day care services collocated within the permitted use and limited to exclusive use by employees, and such other accessory uses and structures clearly incidental to, and customary to, and associated with the permitted use.

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 5 20A.19 Indoor recreation and amusement establishments. 20A.2 Conditional uses: The following uses may be permitted as conditional uses if approved by the planning commission in accordance with the provisions and procedures set forth in article 10, section 1 and any specified requirements set forth below: 20A.21 Building contractor’s yard provided that: (a) Outside storage is within a completely enclosed and secure area and appropriately screened from public view and not in any required setback from property lines. 20A.22 Vocational education facility 20A.23 Associated retail uses in conjunction with and accessory to a permitted use, provided that the associated retail use does not occupy more than 30 percent of the gross floor area of the building or group of buildings on a lot. Parking shall be provided at a rate of one parking space per 300 square feet of retail space for the exclusive use of retail customers in addition to the bulk parking requirements of this zoning district for a particular use. 20A.24 Craft distillery and microbrewery provided that: (a) All permits and approvals required by the Delaware Alcoholic Beverage Commission are obtained and remain in full force and effect. (b) All aspects of the distilling or brewing process are completely confined within a building, including storage of all materials and finished products. (c) Such establishment may offer to the public, various activities ancillary to its distilling and/or brewing process, including by way of example: tours of the premises, educational classes, demonstrations, tasting rooms, and retail sales areas limited to the sale of beer, mead, cider, or spirits brewed or distilled on the premises for consumption off-premises and other retail items. (d) On-site consumption or tasting associated with a craft distillery or microbrewery establishment shall be permitted. Any area associated with on-site consumption or tasting shall not operate as a stand-alone bar or tavern, shall be located on the premises of the craft distillery or microbrewery establishment, and shall be ancillary to the primary use. "Ancillary" for purposes of this section means subordinate, auxiliary, smaller, and less intensive than the primary use. On-site consumption or tasting of alcohol shall be limited to those products brewed or distilled on the premises, except as otherwise permitted by Delaware Law. (e) All food sales shall be limited to prepackaged snack items or those food items prepared by a food establishment licensed by the State of Delaware.

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 6 (f) Outdoor seating and gathering areas shall be permitted subject to the following requirements: i. Permanent and temporary outdoor seating and gathering areas shall be subject to building permit application and approval requirements. ii. Outdoor seating and gathering areas and ancillary improvements shall include physical barriers from public rights-of-way and physical and visual barriers from adjoining properties. Physical barriers along public rights-of-way shall restrict access from the public rights-of-way to the outdoor seating and gathering areas and shall not exceed four feet in height. Barriers along adjoining property lines shall create a physical and visual barrier consisting of fencing six feet in height or vegetation at least six feet in height. iii. Maximum occupancy and points of ingress/egress shall be clearly marked. Occupancy of outdoor seating and gathering areas shall not exceed one person per 15 square feet of the outdoor seating and gathering areas identified in the building plans or any other occupancy limit established by the City of Dover. iv. All structures and uses related to outdoor seating and gathering areas and facilities are subject to the Dover Code of Ordinances, Chapter 22 and Chapter 46. v. The occupancy of outdoor seating and gathering areas shall be included when calculating the building requirements and minimum parking standards required by the City of Dover and the State of Delaware. vi. Tables, chairs, umbrellas, equipment, games, and any other items provided in connection with outdoor seating and gathering areas shall be maintained in good repair and shall be secured during non-business hours in a safe and orderly manner. vii. Any licensing required by the Delaware Alcoholic Beverage Control Commissioner for outdoor seating and gathering areas shall be obtained. 20A.3 Uses prohibited. The following uses are specifically prohibited: 20A.31 Residences, except those existing at the time of adoption of this amendment. 20A.32 Manufacturing uses involving primary production of the following products from raw materials: Asphalt, cement, charcoal, and fuel briquettes; chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, and carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) of an explosive nature, potash, and synthetic resins, pyroxylin, rayon yarn, and hydrochloric, nitric, phosphoric, picric, and sulphuric acids; coal, coke, and tar products, including gas manufacturing; explosives,

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 7 fertilizers, glue, and size (animal); linoleum and oil cloth; matches; paint, varnishes, and turpentine; rubber (natural or synthetic); and soaps, including fat rendering. 20A.33 Storage, except that which is incidental to the primary use on the lot. 20A.34 The following processes: nitrating of cotton or other materials; magnesium foundry; reduction, refining, smelting, and alloying of metal or metal ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, and lubricating oil; distillation of wood or bones; and reduction and processing of wood pulp and fiber, including papermill operations. 20A.35 Operations involving stock yards, slaughter houses, and slag piles. 20A.36 Storage of explosives, and bulk or wholesale storage of gasoline above the ground. 20A.37 Dumps. 20A.38 Quarries, stone crushers, screening plants, and storage of quarry screenings, accessory to such uses. 20A.39 Junkyards, automobile dismantling plants, or storage of used parts of automobiles or other machines or vehicles or of dismantled or junked automobiles. 20A.4 Site development plan approval. Site development plan approval, in accordance with article 10, section 2 hereof, shall be required of land zoned IPM2 prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. 20A.5 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8. BE IF FURTHER ORDAINED: That Appendix B – Zoning, Article 12 – Definitions be amended by inserting the text indicated in bold, blue font in appropriate alphabetical order: Vocational education facility: Services or instruction which are geared toward training for a specific occupation or set of skills. ADOPTED: JANUARY 9, 2023 ANNEXATION/REZONING OF PROPERTY CONSISTING OF THREE PARCELS ON THE NORTH SIDE OF WEST DENNEYS ROAD AND WEST OF CARLISLE DRIVE; PARCEL A LOCATED AT 57 ROCKY ROAD, OWNED BY GEORGE L. CRAIG JR. AND DEBORAH J. CRAIG; PARCEL B, LOCATED AT 4085 WEST DENNEYS ROAD, OWNED BY ROBERT G. KELLER AND GLORIA K. KELLER; PARCEL C AN UNADDRESSED PARCEL ON WEST DENNEYS ROAD, OWNED BY BRUCE A. BURKETT

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 8 Ms. Mary Ellen Gray, Director of Planning and Community Development, reviewed the Petition to Annex and re-zone the property. The Planning Commission recommended the annexation of the property with the zoning designation of RM-2 (Medium Density Resident Zone) and partially subject to the source water protection overlay zone, as submitted. Public Hearing - Zoning Classification Members considered a request for rezoning of properties consisting of three parcels on the north side of West Denneys road and west of Carlisle Drive; Parcel A, located at 57 Rocky Road, is owned by George L. Craig Jr. and Deborah J. Craig; the property is currently zoned AR-Agricultural Residential District (Kent County zoning classification), and the proposed zoning is RM-2 - Medium Density Residence Zone and partially subject to the SWPOZ (City of Dover zoning classification). Parcel B located at 4085 West Denneys Road, is owned by Robert G. Keller and Gloria K. Keller; the property is currently zoned RM-Multifamily Residential District (Kent County zoning classification), and the proposed zoning is RM-2-Medium Density Residence Zone and partially subject to the SWPOZ (City of Dover zoning classification). Parcel C, an unaddressed parcel on West Denneys Road, owned by Bruce A. Burkett; the property is currently zoned AR-Agricultural Residential District (Kent County zoning classification), and the proposed zoning is RM-2 - Medium Density Residence Zone. A public hearing was duly advertised for this time and place to consider the rezoning of the property consisting of three parcels on the north side of West Denneys road and west of Carlisle drive; Parcel A, located at 57 Rocky Road, owned by George L. Craig Jr. And Deborah J. Craig; Parcel B, located at 4085 West Denneys Road, owned by Robert G. Keller and Gloria K. Keller; Parcel C, an unaddressed parcel on West Denneys Road, owned by Bruce A. Burkett. Acting Council President Anderson declared the public hearing open. Pam Scott, Saul, Ewing, LLP, 1201 North Market Street, Wilmington, Delaware. Ms. Scott spoke on behalf of the applicants, Jack Lingo Asset Management, LLC, who are the equitable owners of the property. Ms. Scott explained that the property is on the city’s comprehensive development plan as being in a priority 2 annexation area, which means that the annexation of these properties is considered consistent with the comprehensive plan. Ms. Scott further explained that in addition to being part of the comprehensive plan, if the properties were to be annexed into the city, they would be appropriately rezoned medium-density residential, which is also consistent with the city’s comprehensive plan. Ms. Scott stated that the city has determined that there is sufficient infrastructure available to accommodate the proposed project for development and is consistent with the surrounding community. Mark Slater, 22 Ardsley Circle, Dover, Delaware. Mr. Slater explained that he has two concerns with the rezoning, the first is the number of houses that would end up on these properties. He explained that the main concern would be the property value reduction if it is denser than what Carlisle Village currently is. Mr. Slater explained that his second concern is the traffic on West Denneys. Mr. Slater stated that if the access to these houses that would probably be built on this

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 9 land if the access is on West Denneys, that area right there on the map is kind of dangerous. There is an S-curve there, and there are a decent number of accidents regularly. Geneva and Michael Warren, 42 Ardsley Circle, Dover, Delaware. Ms. Warren stated that she opposes the building because of the added traffic that would come with the building of the additional facilities. She explained that her daughter, who lives right around the corner if she goes to pick her daughter up from school, it is hard to leave her development. She was also thinking that if they build these additional houses on West Denneys Road, she too will have that same experience at West Denneys Road. So that is going to be one of her concerns and if she can piggyback off from the value of the homes. They live in Carlisle Village, they live in a very nice quiet development, and they love it there. They are thinking with the additional homes that it may become really busy and a lot of noise and much traffic and things of that nature. City Clerk Ms. Bennett read an email submission (Exhibit 1) for the Annexation/Rezoning public hearing into the record. Responding to Mayor Christiansen, Ms. Gray explained that a traffic analysis study is premature at a rezoning stage. Ms. Gray stated that items to be considered for rezoning are whether the uses are permitted, would be compatible with the existing uses and the zone in the area concerned, whether there are adequate public services and infrastructure exist and whether the needs of any additional demand as a result of such change, and whether the proposed use is by the city’s current comprehensive plan. Ms. Gray explained that they are not at the site plan approval stage and are not looking at a proposed use. She further explained that they are just looking at what is allowed. Another thing to consider is that this is zoned in the county and there is nothing to preclude this is also developed in the county for residential use. Mr. Neil stated that he wanted to emphasize two things. One of which is really what the city’s Planning Director has already stated. They are looking at the fact that they have a desperate need for housing and it is more desperate than anybody can presume. Mr. Neil continued to state that even in terms of protecting other properties, this is to be set for medium density. Two, the fact that if there is flooding, that will be something that will be taken up within the development because they are required to have the resources to move that water through drains, swales, and whatever else because that is a problem. Mr. Neil noted that this is why the zone recognizes that there is an over zone dealing with water and that all of this is premature. Mr. Neil explained that this emphasizes the fact that if traffic is a problem, Del-DOT is going to be stepping in and saying, yay, nay, or they have got to straighten this road. The city has the MPO where they can direct and request that it be done. The MPO can also make sure it becomes a priority to have Del-DOT work on this particular road if it is a state-maintained road. If it is not a state- maintained road then it is a city road, and the city will have to handle it. The city knows that there are problems because there are problems now. Mr. Neil stated that the fact is, they are calling for this property to be used for housing, which is a desperate, desperate need for the city. There is also a need for the public to be able to have additional housing coming in. Mr. Neil continued to state that in regard to planning, the people who are here to object to it will have another opportunity to say, “I do not like this, I do not like what is planned.” That is when it comes to digging in the ground and fixing it up. Mr. Neil stated that this is just to allow them to do this and that he thinks it is something that they do need.

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 10 Responding to Mr. Hare, Ms. Gray confirmed that the proposed properties are currently in the county and that one lot is approved, one is zoned RM multi-family residential, and the other is zoned agricultural residential. Mr. Hare stated that he would disregard the email that was read into the record. He explained that, as far as he is concerned that it could be coming from another contractor who is trying to get the property. Mr. Hare stated that if someone is not willing to sign for it, he knows in the Ethics Commission that if you do not sign for it is not considered. Responding to Mr. Anderson, Ms. Gray stated that she was looking at the utility report, referring back to that. Ms. Gray stated that the properties are not currently served by the City of Dover Electric and explained that any future redevelopment with an electric service provider will be evaluated. The properties are not currently served by the City of Dover Water Sanitary Sewer. She further explained that water and sanitary sewer services are available to be hooked into, so should this project move forward for development, then the developer would have to pay for the development of the infrastructure to provide the connection for the water and sewer. Responding to Mr. Anderson, Ms. Gray explained that there would be appropriate impact fees for city services. Adoption of Annexation Resolution No. 2022-08 Members considered Annexation Resolution No. 2022-08 for property consisting of three parcels on the north side of West Denneys road and west of Carlisle Drive; Parcel A, located at 57 Rocky Road, owned by George L. Craig Jr. and Deborah J. Craig; Parcel B located at 4085 West Denneys Road, owned by Robert G. Keller and Gloria K. Keller; Parcel C, an unaddressed parcel on West Denneys Road, owned by Bruce A. Burkett. By motion of Mr. Neil, seconded by Dr. Pillsbury, Council, by a unanimous roll call vote (Sudler absent), adopted Resolution No. 2022-08, as follows: A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del. C.§ 101); and WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described, within the limits of the City of Dover; and WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all owners of all property considered for annexation; no election shall be required. For an annexation petition not requiring an election, such petition shall be processed in accordance with procedures established for amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All annexation petitions shall be processed concurrently with the rezoning of the property considered for annexation and shall be subject to a public hearing before City Council.

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 11 Public notice shall be completed in accordance with the provisions of the Dover Code relating to the 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: Parcel A (Tax Map Parcel No.: ED-00-056.00-01-40.00-000) BEGINNING at a point on the northly side of West Denneys Road - KCR #100 (25’ from centerline) said being the southwesterly boundary corner for lands now or formerly of Robert G. & Gloria K. Keller, where it joins the northeasterly boundary corner for lands herein described. Said point being located by the following (5) courses & distances from a 25’ radius junction curve joining the southwesterly side of Carlisle Drive (60’ Wide) with the northwesterly side of West Denneys Road. 1. With an arc curving to the left A=116.40’ R=997.23’ CB=S 52⁰37’37” W CD=116.34’ to a point another point of curvature. 2. With an arc curving to the left A=258.98’ R=617.98’ CB=S 34⁰51’41” W CD=257.09’ to a point. 3. S 22⁰52’19” W, 60.48’ to a point. 4. S 17⁰59’54” W, 96.64’ to a point of curvature. 5. With an arc curving to the right A=183.15’ R=495.86’ CB=S 28⁰34’42” W CD=182.11’ to a point of beginning. THENCE from the point of beginning, along the westerly side of West Denneys Road – KCR#100 the following (2) courses & distances. 1. With an arc curving to the right A=63.55’ R=495.86’ CB=S 42⁰49’54” W CD=63.51’ to a point. 2. S 48⁰00’36” W, 37.09’ to a point, a corner for lands now or formerly of the Church of God, Trustees. Thence by the same, with Church of God, Trustees the following (2) courses & distances: 3. N 50⁰27’45” W, 535.91’ to a point. 4. S 51⁰22’57” W, 188.44’ to a point in the line of lands now or formerly of David & Veronica Gonce. THENCE by the same, with David & Veronica Gonce the following (4) courses & distances: 1. N 38⁰01’21” W, 904.08’ to a point. 2. S 44⁰25’05” W, 169.00’ to a point. 3. S 13⁰46’11” E, 292.99’ to a point. 4. S 23⁰33’43” W, 145.23’ to a point. THENCE by the same and with lands now or formerly of William M. & Joan R. Warrington and Gerald P. & Lura J. Johnson, S 35⁰40’37” W, 561.02’ to a point, a corner for lands now or formerly of Michael A. & Karen L. Belton. Thence by the same and with lands now or formerly of Alvin D. & Evelyn L. Rohm, Chase A. Bechtol, Albert E. Muchille, and Brandon & Sabrina Fansler, N 20⁰16’02” W, 1373.79’ to a point, a corner for lands now or formerly of Brandon B. Pollitt. THENCE by the same, N 71⁰49’49” E, 799.65’ to a point, a corner for lands now or formerly of DEL-HOMES, Inc. THENCE by the same, and with lots 351 thru 355 of Carlisle Village section 3, S 61⁰01’56” E, 608.69’ to a point, a corner for lands now or formerly of Robert G. & Gloria K. Keller.

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 12 THENCE by the same with Robert G. & Gloria K. Keller the following (3) courses & distances. 1. S 27⁰58’15” W, 309.00’ to a point. 2. S 48⁰43’51” E, 1096.00’ to a point. 3. S 47⁰08’55” E, 172.65’ to the first mentioned point or place of beginning. Containing within said metes and bounds 27.5834 +/- acres. Parcel B (Tax Map Parcel No.: ED-00-056.00-01-41.00-000) BEGINNING at a point on the northly side of West Denneys Road - KCR #100 (25’ from centerline) said being the southwesterly boundary corner for lands now or formerly of Bruce A. Burkett, where it joins the northeasterly boundary corner for lands herein described. Said point being located by the following (2) courses & distances from a 25’ radius junction curve joining the southwesterly side of Carlisle Drive (60’ Wide) with the northwesterly side of West Denneys Road. 1. With an arc curving to the left A=116.40’ R=997.23’ CB=S 52⁰37’37” W CD=116.34’ to a point another point of curvature. 2. With an arc curving to the left A=210.53’ R=617.98’ CB=S 37⁰06’28” W CD=209.51’ to a point of beginning. THENCE from the point of beginning, along the westerly side of West Denneys Road – KCR#100 the following (4) courses & distances. 1. With an arc curving to the left A=48.45’ R=617.98’ CB=S 25⁰06’07” W CD=48.44’ to a point. 2. S 22⁰52’19” W, 60.48’ to a point. 3. S 17⁰59’54” W, 96.64’ to a point of curvature. 4. With an arc curving to the right A=183.15’ R=495.86’ CB=S 28⁰34’42” W CD=182.11’ to a point of lands now or formerly of George L. & Deborah J. Craig. THENCE by the same, with George L. & Deborah J. Craig. the following (3) courses & distances: 1. N 47⁰08’55” W, 172.65’ to a point. 2. N 48⁰43’51” W, 1096.00’ to a point. 3. N 27⁰58’15” E, 309.00’ to a point in the line of lot 356, Carlisle Village section 3. THENCE by the same, and with lots 357 thru 362 of Carlisle Village section 3, and lands now or formerly of Wilson M. Dennis, Phillis P. Palmer, and Shannon L. Schilling, S 61⁰01’56” E, 824.11’ to a point, a corner for lands now or formerly of Bruce A. Burkett. THENCE by the same with Bruce A. Burkett the following (2) courses & distances. 1. S 37⁰06’26” W, 209.72’ to a point. 2. S 62⁰16’59” E, 420.19’ to the first mentioned point or place of beginning. Containing within said metes and bounds 10.5661 +/- acres. Parcel C (Tax Map Parcel No.: ED-00-056.00-01-42.00-000) BEGINNING at a point on the northly side of West Denneys Road - KCR #100 (25’ from centerline) said being the southwesterly boundary corner for lot 1, Carlisle Village, Section 1, where it joins the northeasterly boundary corner for lands herein described. Said point being located by an arc curving to the left A=116.40’ R=997.23’ CB=S 52⁰37’37” W CD=116.34’ from a 25’ radius junction curve joining the southwesterly side of Carlisle Drive (60’ Wide) with the northwesterly side of West Denneys Road. THENCE from the point of beginning, along westerly side of West Denneys Road – KCR #100 with an arc curving to the left A=210.53’ R=617.98’ CB=S 37⁰06’28” W CD=209.51’ to a point, a corner for lands now or formerly of Robert G. & Gloria K. Keller.

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 13 THENCE by the same the following (2) course and distances: 1. N 62⁰16’59” W, 420.19’ to a point. 2. N 37⁰06’26” E, 209.72’ to a point, a corner for lot 6 of Carlisle Village section 1. THENCE by the same and with lots 1 thru 6 of Carlisle Village section 1, S 2⁰15’18” E, 420.16’ to the first mentioned point or place of beginning. Containing within said metes and bounds 1.9662 +/- acres. 2. That the above-described properties 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 10th day of January 2023, at 12:01 a.m. ADOPTED: JANUARY 9, 2023 Final Reading/Adoption of Rezoning Ordinance #2022-25 Members considered Rezoning Ordinance #2022-25 for property consisting of three parcels on the north side of West Denneys road and west of Carlisle Drive; Parcel A located at 57 Rocky Road, owned by George L. Craig Jr. and Deborah J. Craig; Parcel B located at 4085 West Denneys Road, owned by Robert G. Keller and Gloria K. Keller; Parcel C, an unaddressed parcel on West Denneys Road, owned by Bruce A. Burkett. Mr. Hare moved that the Final Reading of Ordinance #2022-25 be acknowledged by title only, seconded by Mr. Neil, and unanimously carried (Sudler absent). (The First Reading of the ordinance was accomplished during the Council Meeting of November 14, 2022.) Mr. Neil moved for approval of the rezoning, as recommended by the Planning Commission. The motion was seconded by Dr. Pillsbury, and, by a unanimous roll call vote (Sudler absent), Council adopted Ordinance #2022-25, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THREE (3) PROPERTIES LOCATED ON THE NORTH SIDE OF WEST DENNEYS 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 located at 57 Rocky Road (Parcel A) described below from AR (Agricultural Residential District)(Kent County Zoning Classification) to RM-2 (Medium Density Residence Zone), and partially subject to the SWPOZ (Source Water Protection Overlay Zone)(City of Dover zoning classifications). WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 14 of property located at 4085 West Denneys Road (Parcel B) described below from RM (Multifamily Residential District) (Kent County Zoning Classification) to RM-2 (Medium Density Residence Zone), and partially subject to the SWPOZ (Source Water Protection Overlay Zone)(City of Dover zoning classifications). WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of an unaddressed property located on the north side of West Denneys Road (Parcel C) described below from AR (Agricultural Residential District) (Kent County Zoning Classification) to RM-2 (Medium Density Residence Zone) (City of Dover zoning classifications). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: A. 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 AR (Agricultural Residential District)(Kent County Zoning Classification) to RM-2 (Medium Density Residence Zone), and partially subject to the SWPOZ (Source Water Protection Overlay Zone)(City of Dover zoning classifications) on that property located at 57 Rock Road (Parcel A) (located on the north side of West Denneys Road and west of Carlisle Drive), consisting of 27.5834+/- acres., owned by George L. Craig and Deborah J. Craig. (Parcel A; Tax Parcel: ED-00-056.00-01-40.00-000; Planning Reference: AX-22-03; First Council District) B. 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 RM (Multifamily Residential District) (Kent County Zoning Classification) to RM-2 (Medium Density Residence Zone), and partially subject to the SWPOZ (Source Water Protection Overlay Zone)(City of Dover zoning classifications) on that property located at 4085 West Denneys Road (Parcel B) (located on the north side of West Denneys Road and west of Carlisle Drive), consisting of 10.5661+/- acres., owned by Robert G. Keller and Gloria K. Keller. (Parcel B; Tax Parcel: ED-00-056.00-01-41.00-000; Planning Reference: AX-22-03; First Council District) C. 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 AR (Agricultural Residential District)(Kent County Zoning Classification) to RM-2 (Medium Density Residence Zone) on an unaddressed parcel on West Denneys Road (Parcel C) (located on the north side of West Denneys Road and west of Carlisle Drive), consisting of 1.9662+/- acres., owned by Bruce A. Burkett. (Parcel C; Tax Parcel: ED-00-056.00-01-42.00-000; Planning Reference: AX-16-01; First Council District) ADOPTED: JANUARY 09, 2023

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 15 CITY MANAGER'S ANNOUNCEMENTS City Manager Hugg shared his 2023 Looking Forward, Observations, and Speculations with members of council. (Exhibit 2) CITY MAYOR’S ANNOUNCEMENTS Mayor Christiansen was not present to give announcements. COUNCIL MEMBERS' ANNOUNCEMENTS Councilman Boggerty thanked everyone for their warm congratulations, thoughts, and prayers. He thanked everyone for being team Dover even when they are debating. He further explained that during an interview, he stated that while the council members are different, they each have one thing in common: they want what is best for the City of Dover. Councilman Taylor announced that he will resign from City Council on February 1, 2023. He explained that four years ago, his wife Jean told him he had four years, and that is it. Mr. Taylor explained that they have purchased a home outside the city limits and will take possession on February 1, 2023. Mr. Taylor stated that it has been 32 years with him and the city having boots on the ground. He stated that he loves the city; however, it is time for a change, and change is good. Mr. Taylor explained that he had permitted himself to leave three months ago but was stubborn and was going to give the Mayor one heck of a race. He stated that he was going to honor his promise to his wife and that they will take possession of their new home and make it their primary residence and be happy. Mr. Taylor followed up, stating it has been an honor working with everyone over the past four years. Mr. Taylor respectfully requested that the Safety, Advisory, and Transportation Committee Chair position be filled immediately due to the decisions being made. Mr. Taylor suggested that Mr. Boggerty would be a great fit. He further stated that Mr. Boggerty has a very balanced approach. Councilman Anderson asked Chief Johnson to thank his staff for Law Enforcement Appreciation Day and reminded everyone that the City Council stands with the men and women of law enforcement in the City of Dover. Mr. Anderson thanked the officers for their dedication to the city, its citizens, and those who come in and work, visit and worship. He stated that they make our city safer so we all can do our jobs in the community, and we thank them. Mr. Anderson then reminded everyone that Dr. Martin Luther King Day is coming up on Monday, January 16, 2023, and that there is an event at Delaware State University at noon. He suggested letting Council President Sudler and the Inner-City Cultural League, Inc. know if anyone on the council is interested in attending. Mr. Anderson also reminded everyone that there is a breakfast for Martin Luther King Day at Modern Maturity Center, and doors open at 7:15 a.m. Councilman Anderson reminded everyone of the Special Council Meeting that will take place on Thursday, January 26, 2023, from 6:00 p.m. to 8:00 p.m. in Council Chambers. Councilman Neil reminded everyone of Coffee with a Cop on Tuesday, January 17, 2023, from 5:00 p.m. to 7:00 p.m. at McGlynn’s.

CITY COUNCIL MEETING OF JANUARY 09, 2023 PAGE 16 The meeting adjourned at 7:27 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of January 9, 2023, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB \\VMFILEPRINT\CityClerk\AGENDAS-MINUTES-PACKETS\Council-Minutes\2023\01-January\01-09-2023 REGULAR COUNCIL MINUTES.doc Exhibits Exhibit #1 – Annexation Public Hearing Email Submission Exhibit #2 – 2023 Looking Forward – City Manager Hugg

Exhibit #1 From: James To: City Clerks Office Subject: EXTERNAL: Proposed annexation and rezoning of properties of lands of Craig,Keller,andBurkett Date: Saturday, January 7, 2023 12:50:19 PM WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I have an issue of the proposed annexation and rezoning of the lands of Craig Keller and Burkett. I saw the yellow sign and I see where the entrance to this proposed annexation property would be. West Indies road around that sharp curve has many accidents. Putting a new development subdivision or apartment complex on those curves will cause even more accidents and maybe cost lives. There are already too many cars and tractor trailers going up and down West Indies road in this area. This annexation should not be done because safety of people's lives is more important than building a whole bunch of apartments or homes in that low section always holding water land. When we get heavy rain the water runs out of those woods down the road into Carlisle village. Whoever develops in there is going to either have flooding issues on their property or they're going to raise the property and Carlisle village the church on the other side of the property and homes over there will then have flooding problems this area is not a good area for development in my opinion. My biggest concern is the amount of traffic on West Indies road and this this property entryway is going to be in these curves causing many more accidents. I oppose this annexation for the safety of all who travel and live on West Indies road. Sincerely James

Exhibit #2 2023 – Looking Forward; Observations and Speculations I try not to make unsupported predictions, but as 2022 comes to an end I’ve been cogitating about what we have learned and where we might be headed in 2023. By no means a complete list, and without hard evidence in some instances, the following are my observations and expectations (and speculations). They are in no priority order and reflect only my thinking about the subject; with the caveat that I might be totally off course. Just thought there might be value in sharing. Inflation – The good news is that inflation, at least as measured by the Philadelphia South Regional CPI appears to be in decline. The month-to-month average was up marginally but the 12-month average for November was at 7.1% (seasonally unadjusted) for all urban consumer commodities. This is down from over 8% the previous month and from highs over 10% a few months ago. Many will take credit for this trend but actions by the Federal Reserve are primary. The Federal Reserve has indicated it may increase interest rates at least once more to control inflation. For the City, a slowing of inflation impacts on the costs of goods and services we purchase and may temper higher costs of construction. Fuel prices, for example, are now below a year ago favorably impacting our vehicle fuel costs; an area where budgeted amounts are proving inadequate. Interest rates – While the Federal Reserve’s actions to control inflation appear to be working, higher rates are beginning to be reflected in slowed housing lending, mortgages, and credit. This has caused some development deals to be suspended. The city has already lost one land sale opportunity in GOBTP as the increased cost of borrowing caused the project to become risky. Higher interest rates could have varied impacts on the city’s ability to borrow for capital projects or lend funds to foster redevelopment. Wholesale energy – As an electric utility our costs for purchased power drive the amount we pay for energy and the costs we must build into our utility rates and charges. Just this year the city was forced to impose a PPCA debit on customers’ bills, increasing their monthly charges significantly. At budget time we were experiencing costs in the $8-$9 MMBtu range for wholesale energy. Those costs have begun to trend lower, although colder weather forecasted for this winter and resumed LNG exports are anticipated to cause prices to escalate. For the moment lower costs have a positive benefit on purchases and energy hedges. The wholesale energy market is too volatile to count on reduced costs anytime soon, and unfortunately any relief for customers.

Any change to the PPCA at this point would be premature and subject to reconsideration next fiscal year based on economic conditions. Developer interest/investment/economy – Despite the factors above, the city continues to see interest from developers/investors. Some are clearly tire-kickers, but we have been approached by parties looking for good opportunities and recognizing the competitiveness in certain sectors (manufacturing, logistics, rental housing). Although one deal fell through, we currently have two agreements of sale and a couple of LOI’s for property at Garrison Oak, two large logistics/warehouse projects are under development at Lafferty Lane and Enterprise Business Park, and Kent Economic Partnership has 26 active projects in play, many of which are Dover focused. And we continue to see retail projects moving forward in such areas as banking and food. Most economic observers suggest that there is still a large amount of private resources seeking good investment opportunities. But the lack of an ample trained, dependable workforce is critical. One large employer continues to consider leaving Dover and another often doesn’t have enough employees show up to be able to run the third shift. Employee shortages are adversely affecting our economy across every sector. City finances – Fortunately, city revenues are tracking favorably compared to our budget. We have not experienced significant budget-busters, nor have we seen extraordinary or unanticipated revenue windfalls. Revenues could be tempered if the economy falls into a recession and our confidence in upcoming years is low. Wage and benefit increases associated with wage equity, benefit costs increase, and retirement issues will pose a significant challenge both this year and next while deferred vehicle replacement is already driving maintenance costs to new levels and supply chain issues are delaying infrastructure projects while also pushing up costs. A proposed legislative change in the Real Estate Transfer Tax formula (a bill was just introduced in the House) could make some investments more attractive resulting in added revenues, but the State continues to consider and enact unfunded mandates of all types. State Government/General Assembly – A new and probably more progressive General Assembly takes office in January. Prior General Assemblies and the Governor, in my opinion, have tended to be more moderate conservative, so I expect to see more focus on social and environmental concerns such as climate change and clean energy, electric vehicles, homeless rights, police funding and oversight, local land use control, etc. Many of these will result in additional unfunded mandates and/or limitations on local authority; a concern over what was Senate Bill 305 (Climate Change) last year proposed granting the Secretary of DNREC very broad powers that impact local development and land use control. Building strength in numbers through the Delaware League of Local Governments (DLLG) and other cooperative associations will be vital in the next session. DLLG also believes

that most of the “new” money from DEFAC (and any surplus this year) will be absorbed by inflation related costs and probably not available for local projects. Cybersecurity – The ever-increasing threat of cyber-attacks, along with rapidly changing technology, make this a significant issue looking forward. More funding from federal grants for both Information Technology (IT), that underlies our business processes, and Operational Technology (OT), that controls our water and electric grids, is very likely. On the IT side, Delaware received approval for over 2.2M of federal grant dollars for the current fiscal year, with 80% going to county and municipalities. Cooperation with the state is key, as future funding in the out-years is contingent on matching funds and the state would like to simplify the process by providing the match themselves. Additional funding opportunities on the electrical OT side are likely later this fiscal year as we look for opportunities to further secure our infrastructure against both cyber and physical threats. Federal funding – The Biden administration has and continues to pump federal funding into infrastructure, inflation reduction, housing, and recovery from pandemic and economic downturns. Last year Congress reestablished “earmarks” in the budget process, and a part of the upcoming federal budget as well. While these funds are attractive, they raise questions of the City’s capacity to efficiently utilize grants and loans and they come with various constraints such as addressing social and environmental equity (Justice40 requirement), clean energy and climate change, and disadvantaged neighborhoods. The city is slated to get congressional earmarks for police cameras and water system enhancements. Housing – Aside from federal funding emphasis on housing, local rental housing rates are up by over 10% (based on CPI) with local rents over $1200/month and up. Rental housing inventories are tight as well, making it difficult for low to moderate income persons to afford. New single-family construction and inventories are also very tight according to local realtors; they anticipate a slowing in construction and resales as interest rates increase (despite continued building in the area). Fortunately, aggressive code enforcement and the efforts of NCALL/Neighbor Good Partners and Central Delaware Habitat for Humanity have reduced the number of vacant and problematic properties (but many of these previously provided substandard but “affordable” housing). Housing for homeless or seriously underhoused individuals/families is almost non- existent and hard to locate due to NIMBY opposition. Future of the Downtown – The long-awaited master plan is nearing completion and hopefully will generate excitement and investor/entrepreneurial interest. DDP has set up a capital building improvement grant program with solid interest. The fire-damaged building on W. Loockerman Street has been

demolished. The new State Family Court building construction is underway. But we await any large-scale project proposals. The plan will call for various streetscape and utility investments, signage and wayfinding, parking changes, removal of large trees, increased policing, and other public improvements, of which costs to the city budget are not yet known. David S. Hugg III City Manager January 3, 2023