Regular Council Minutes

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on February 12, 2024, at 6:30 p.m. with Council President Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Sudler (via Webex), and Mr. Lewis. Staff members present were Police Chief Johnson, Mr. Hugg, Ms. Melson-Williams, Mr. Rodriguez, and Ms. Bennett. Fire Chief Carey was absent. 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 Hare declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. INVOCATION The invocation was given by Elder Ellis B. Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilwoman Arndt. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, 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 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 Dr. Pillsbury, and carried by a unanimous roll call vote. PRESENTATION – RECOGNITION OF SERVICE – REVEREND RITA MISHOE PAIGE – HUMAN RELATIONS COMMISSION (OCTOBER 2016 – JANUARY 2024) This was rescheduled. PRESENTATION – DOWNTOWN DOVER PARTNERSHIP 2023 ANNUAL REPORT Ms. Diane Laird, Executive Director for the Downtown Dover Partnership briefed the members on the 2023 Annual Report. Mr. Ken Anderson, Property Development Director for DDP, provided a briefing to the members on the day-to-day work being undertaken by the Downtown Dover Partnership.

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 2 Responding to Mr. Lewis, Ms. Laird stated that to her knowledge, the numbers on the balance sheet are accurate, but she will check with their accountant to confirm. Responding to Mr. Lewis, Ms. Laird stated that she would need to provide him with that information at a later time. Responding to Mr. Lewis, Ms. Laird stated that there has been a discussion about a traffic study, and DelDOT will be involved because it has an emergency route for emergency services. Ms. Laird continued to state that it is one of the primary locations going in and out of the hospital as well as State Street. Ms. Laird explained that there are recommended traffic calming measures, and due to concerns regarding emergency vehicles, there will be collaborative efforts with DelDOT to ensure their effectiveness. Responding to Mr. Lewis, Ms. Laird explained that there are several buildings and that she could specify which ones are accessible to the public. Ms. Laird further explained that one of the buildings intended for the public is the Rail Haus, Beer Garden, which includes ADA-compliant restrooms, sprinklers, and a commercial kitchen. Ms. Laird stated that those are the three (3) primary areas that are targeted for critical improvement funding. Ms. Laird stated that those three (3) areas are not the only ones that they fund, but that if they are included, then other things can also be funded. Ms. Laird explained that the city needs restaurants and beer gardens; they are more beneficial because they can attract a younger population and are currently very popular. Funds have been allocated for 1 Loockerman Way but the property needs a tenant. Ms. Laird further explained that buildings need to have tenants and while they would like to see a tenant agreement in place, funds have been allocated. $300,000 has been allocated for 1 West Loockerman and that is the maximum funding allowed for any given project. Chris Reubacher has two spaces that will end up being façade improvements only and the façade funds will not be critical. Coney Island Grill, Grey Fox, Tastee’s Chicken & Seafood and Caribbean Cuisine have all received funds. Ms. Laird stated that they have received 15 applications for a new round of funds that are going to be allocated, but they are in the rigorous process of evaluating which types of businesses are most needed and which critical needs need to be addressed first. Responding to Mr. Anderson, Ms. Laird explained that state money is project specific. Ms. Laird further explained that a lot of the money is coming jointly to the city and the DDP. In the past two (2) years, $4.5 million was allocated to DDP improvements, not specifically operational funds. Ms. Laird stated that with the growing intricacy and complexity of activities simultaneous, and projects that will require reporting to these grants. Ms. Laird further noted that they have brought Ken Anderson on board to oversee redevelopment efforts and the staff is tight. There are four employees. Ms. Laird stated that they have received a grant this year to cover Mr. Anderson’s salary as a consultant for one (1) year. They are seeking additional funds, such as EPA grants which offer a portion for operations. In addition, staff members have not received healthcare until now and the DDP is pleased to offer full healthcare for those who warranted it and did not have any other options. Mr. Ken Anderson gave an update on the state money.

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 3 Mr. Neil moved to accept the report, seconded by Mr. Anderson, and carried by a unanimous roll call vote. PRESENTATION – UNSHELTERED WORKING GROUP UPDATE – BY MAYOR ROBIN R. CHRISTIANSEN Mayor Robin R. Christiansen and Councilman Rocha briefed the members on the status of the Unsheltered Working Group. PUBLIC HEARING/FINAL READING – RESCHEDULING OF PUBLIC HEARING - PROPOSED ORDINANCE #2023-12 – LANDS OF DRAPER FARM PROPERTIES, LLC AT 1617 FORREST AVENUE (APPLICANT REQUEST) Council President Hare stated that there was a request received from the applicant to postpone the Public Hearing and that he would entertain a motion to reschedule the Public Hearing for April 22, 2024. Mr. Neil explained that he is extremely concerned because this is the second time this has come back to council and it has been denied twice by the Planning Commission. Mr. Neil asked how long a sword would be held over council’s head because they were sued simply because they followed the law, had a public hearing, and supported the Planning Commission twice. Mr. Neil stated that if it was his preference, he would say no and end it there. There needs to be a reason why this is coming back. They have had this since 2021 to meet with the community and it is now 2024. People have come to council asking for help and the council has offered to help. The applicants have been turned down by the Commission twice and they are now coming back again. There needs to be a point where it stops. Mr. Neil stated that there is indeed a master plan calling for development along Forrest Avenue. Will this be another Route 13 or is it going to be a residential area, where certain things would be permitted as it is now, rather than making the change? Mr. Neil is particularly concerned with the property and its future use, as they have no control. Once they change it, it could be almost anything. This property is directly across from the high school, in which kids are crossing that road. That road should be a five-lane-highway with a center lane for turning but that is not the case. There is a point where the city needs to say no, bring it back in 10 years, and do not bring it now. Mr. Sudler stated that he supports postponing this motion because, to his understanding, the developers want to engage with the community that will be most affected and impacted They want to engage with the community and explore how they can develop and grow together, addressing current social problems, traffic issues, and common measures that they are currently dealing with. The goal is to develop together and find solutions to these issues. At the same time, the developer can proceed with developing the area that council has already identified in the Comprehensive Plan as a desired development area. Mr. Sudler stated that be believes that they are requesting a different zoning classification. He also believes that the proposed zoning is slightly different from the current zoning. Mr. Sudler suggested a collaborative approach between developers and the community to address concerns related to a possible gas station and other issues. It is inevitable that, whether it

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 4 takes 10 or 20 years, that area is going to be developed. In his view, it is a matter of how they grow together and how respectful the developer is going to be of the existing property owners who live there because they are the ones who are going to be affected the most by the restructuring and reshaping of their community. If the city can help foster and support an initiative in which the developer engages with the community, how can they grow and develop this together while also respecting the concerns of the community and the property owners' rights to develop? Mr. Sudler believes that finding common ground is crucial for moving the entire city forward, not only in this situation but also when dealing with major developers entering small communities and restructuring them. Mr. Sudler stated that he supports this initiative and would like to hear from the Principal Planner, Ms. Melson-Williams, regarding the difference between the zoning of what was denied last time versus what is being proposed now. Mr. Rocha stated that he believed they should not be having this discussion because someone respectfully requested to reschedule, and they were not present. He felt it only seems right to wait until all parties are present before they start this discussion. Ms. Dawn Melson-Williams briefed the members of council on the proposed Ordinance #2023- 12 – Lands of Draper Farm Properties, LLC at 1617 Forrest Avenue. Ms. Melson-Williams explained that the rezoning application was scheduled for a Public Hearing this evening. The applicant requested to rezone the property from the R-10, One-Family Residence Zone and being subject to the Corridor Overlay Zone to a proposed zoning classification of C-1A (Limited Commercial Zone) which would also be subject to the Corridor Overlay Zone. The property was the subject of a rezoning application in 2021, designated as Z-2105, which sought to rezone the property from the R-10 and Corridor Overlay Zone to a classification of C-2A, (Limited Central Commercial zone), subject to the Corridor Overlay Zone. There is a distinction between the two zoning classifications, and they represent two separate applications. Ms. Melson-Williams stated that the motion before council does not include the continuation of the discussion of the application on the record. Mr. Rocha moved to reschedule the public hearing for the proposed Ordinance #2023-12 to the Regular City Council Meeting scheduled for Monday, April 22, 2024. The motion was seconded by Mr. Sudler and carried by a roll call vote of eight (8) yes (Anderson, Boggerty, Pillsbury, Arndt, Rocha, Sudler, Lewis, and Hare), and one (1) no (Neil). PRESENTATION/FINAL READING – PROPOSED ORDINANCE #2023-13 – LANDS OF CITY OF DOVER (OLD POST OFFICE SITE) AT 55 LOOCKERMAN PLAZA Council President Hare stated that the next item is proposed Ordinance #2023-13 – Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza. Mr. Hare further stated that he will entertain a motion to consider the Final Reading of the proposed Ordinance by title only, which is simply to allow the waiving of the reading, a separate motion will be necessary for its adoption. Responding to Mr. Lewis, Mr. Hugg stated that the current zoning for the property is IO (Industrial and Office Zone) and is subject to the SWPOZ (Source Water Protection Overlay Zone), and the Historic District Zone. There is no change except for the request to rezone from the Institutional District to C-2. The city will have to undergo the historic review process as they

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 5 emerge and prepare for the project to move forward. Mr. Hugg replied that they can inquire with the Principal Planner whether the Historic District Commission has expressed any opinions on this matter. Ms. Dawn Melson-Williams briefed the members of council on the proposed Ordinance #2023- 13 – Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza. Ms. Melson- Williams explained that this is a rezoning application that does not impact its designation as part of the Historic District Zone and does not require appearing before the Historic District Commission. Ms. Melson-Williams further explained that Mr. Hugg is correct, and that future development of the site would be subject to a review process, likely involving the Historic District Commission if there are any changes proposed to the building and site. Mr. Neil moved for the adoption of the ordinance, as recommended by the Planning Commission. The motion was seconded by Dr. Pillsbury and carried by a roll call vote of eight (8) yes (Anderson, Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, and Hare), and one (1) abstained (Lewis). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 22, 2024 The Minutes of the Regular Council Meeting of January 22, 2024, were unanimously approved by motion of Mr. Neil, seconded by Dr. Pillsbury, and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT – JANUARY 23, 2024 The Council Committee of the Whole met on January 23, 2024, at 6:01 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Dr. Jackson-Short and Ms. Smack (Safety, Advisory, and Transportation), and Mr. Shevock (via WebEx) (Legislative, Finance, and Administration). Mr. Iriowen, Mr. Pugh (Utility), and Ms. Smith (Legislative, Finance, and Administration) were absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Lewis presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried.

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 6 Review of the Research on the Solar Powered Feedback Signs and Electronic Speed Enforcement Devices (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the research on the Solar Powered Feedback Signs and Electronic Speed Enforcement Devices. Staff recommended approving a method of speed enforcement equipment to utilize in the City of Dover neighborhoods. Mr. Lyon explained that he and his team conducted research on the implications of House Bill 94, which covers electronic speed enforcement devices and was passed by the State of Delaware. Mr. Lyon stated that the electronic automatic ticketing devices are about $25,000, the mobile feedback signs are $3,000, and the non-permanent, trailer-mounted signs are $7,000. In addition to the upfront cost for the unit, there is an annual cost of $7,000 a year for the electronic automatic ticketing software, the cloud storage, and the use of the photographs going to the cloud for the third-party company. The automatic ticketing devices cost around $70 a year for maintenance, and the feedback signs cost around $200 a year. Mr. Lyon stated that if the automatic ticketing devices were to go through a third party it would cost the city $14 a ticket to the company to do the mailing, collection, and creation of the bill. After touring with the Dover Police Department and going over red-light ticketing, which is like automatic ticketing, Mr. Lyon learned that there are about 12,000 red-light tickets a year, and 10 to 12 percent get appealed. The police department’s staff must review each ticket to see whether it has been appealed or not. Responding to Ms. Arndt, Mr. Lyon stated that each ticket would need to be reviewed by a police officer, which is the statute because it cannot be assumed that technology is going to work correctly. Mr. Lyon explained that every one of the 12,000 per year would need to be reviewed by a team member, and if the person issued the ticket wanted to appeal it, then the team member must appear in court, so it takes resources. Responding to Mr. Neil, Mr. Lyon stated that it would have to be a legal officer rather than a designee who reviews the tickets and goes to court. Responding to Mr. Neil, Mr. Lyon stated that he had a meeting with the police department and his understanding is that it must be a sworn officer. Responding to Mr. Neil, Chief Johnson stated that preliminary research has not led him to a definitive answer of whether it could be delegated. Chief Johnson explained that in other jurisdictions, they would be considered civil violations and are not motor vehicle code violations, therefore they do not require a sworn office to file the charging document. Chief Johnson explained that they are researching other jurisdictions to explore if someone who is appropriately trained, like a

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 7 retired police officer with the core knowledge of what constitutes a violation, could work in a civilian capacity to process the violations and send them to the vendor. Responding to Mr. Rocha, Mr. Lyon stated that the program is in the infancy stage in Delaware, and he is not aware of any other municipalities with a similar program. Mr. Lyon explained that when he spoke to one of the vendors, they stated that they have municipalities in Florida that are placing the equipment in school zones and they have been collecting about 400 tickets per day, five days a week, during the school year. Mr. Lyon explained that it is up to them to charge it, but that it is sustainable. Mr. Lyon stated that in the state statute, there is a statement that reads “Any excess revenue not used for the administration of this system will be managed by the Office of Highway Safety and used only for purposes of education enforcement, engineering, and administration”. Mr. Lyon explained that automatic ticketing cannot be used as a revenue source, but it can be used to cover the administrative costs of an additional member working on the ticket process. Mr. Lyon also explained that a study must be done that is not longer than one (1) year old by DelDOT showing that the area that is proposed has a speeding problem, and the eighty-five percentile is over five miles per hour over the speed limit. DelDOT currently does not have a process for this because it is too new, but they hope in six months to have a process. Mr. Lyon stated that the Office of Highway Safety, which provides grants for such items, requires that electronic automatic ticketing software only be used in school zones and construction zones. Mr. Lyon continued to state that it is possible to get grants for solar-powered feedback signs, but that they prefer the mobile kind because they can be moved around. Responding to Mr. Sudler, Mr. Lyon stated that according to the law, and DelDOT, the study must come from DelDOT, it cannot be done by the municipality. Mr. Anderson stated that the City of Dover has a policy that does not allow speed bumps on public property. Mr. Anderson explained that there have been upgrades made to the designs and technology of speed bumps and that he would like to have them looked at again. Mr. Anderson suggested that the research include speed tables, which do not cause disruption or damage to the vehicle, and other designs that are designed to allow emergency vehicles to move through safely. Mr. Anderson explained that with the changing technology, there may be products that meet the needs of the community without causing too much disruption to emergency services. Responding to Mr. Anderson, Mr. Lyon stated that traditionally a speed bump is used, they are as wide as they are short, and they can be driven over at two (2) to

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 8 10 miles per hour. A speed hump or speed table is spread out, not as abrupt, and they can be driven over at 10 to 15 miles per hour. Mr. Lyon also stated that there is an alternative called a speed cushion, they are the standard width of a vehicle’s wheelbase. Since a firetruck has a wider wheelbase the speed cushion allows them to pass by with little interruption. Mr. Lyon stated that he is unsure how this would affect an ambulance, but the speed cushions are currently being used in Odessa. They are rubber, bolted into the ground, and can be removed for snow plowing. Mr. Lyon also stated that the Office of Highway Safety does not provide funding for speed cushions. Mayor Christiansen stated that he supports the electronic speed enforcement devices because it does not take officers off the road and when DelDOT creates their procedure the city needs to have a mechanism in place to put in service because the citizens expect more. Responding to Mr. Rocha, Mr. Lyon stated that they are only allowed to be used on city local roads of a speed limit of 25 miles an hour. Responding to Ms. Smack, Mr. Lyon stated that the $25,000 unit is more for behavior-changing, but that they would not qualify for grants unless they were placed in a school district. Responding to Mr. Lewis, Mr. Lyon stated that the Office of Highway Safety stated that they get their money through the federal government, through the Bipartisan Infrastructure Law. They do not know exactly how much money they will receive every year, and what the city could receive depends on what their funding allocation is. Responding to Mr. Boggerty, Mr. Lyon stated that per House Bill 94, the speed must be 11 miles an hour or higher to issue a ticket. Responding to Dr. Pillsbury, Mr. Lyon stated that the city is not eligible to enforce the cameras as a municipality on state roads, however, DelDOT could once they create a process. Responding to Mr. Anderson, Mr. Lyon stated that in 1964 there was a group of streets that were originally in the City of Dover limits that were city-owned and maintained. The state took over ownership from the city and now when any work needs to be done to a water main for example, the city must go through the state for a permit. Ms. Arndt recommended creating a map that shows what schools are on city roads, talk to the principals, the school districts, and determine where the problems are occurring. Ms. Arndt stated that she spoke to the principal at Towne Point and the problem is primarily the parents speeding as they drop off their children.

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 9 Mr. Anderson moved to recommend proceeding with obtaining additional speed signs, with the recommendation depending on funding, whether they be mobile or static. Mr. Neil recommended the use of mobile signs. Mr. Anderson moved to recommend proceeding with obtaining additional mobile speed signs. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. Mr. Anderson moved to refer back to staff for a recommendation for the speed cameras after more studies have been done with a recommendation from public works and the police department on the issue. Mr. Lyon stated that the cameras could be placed in a residential zone, but the city would have to come up with the funding. The Office of Highway Safety grants are only available for use in the school and construction zones. Mr. Anderson stated that they do qualify for CTF funds. Mr. Anderson moved to refer the issue of the speed cameras back to staff for input from the police department. The motion was seconded by Ms. Arndt and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. Mr. Lewis recommended that Mr. Lyon work with Chief Johnson regarding where the need is for the mobile radar speed signs and how to move forward with the speed cameras. Discussion – Complaint from Kate Howard, Irish Mikes Pub Bar Owner/Manager regarding the Dover Police Department’s responsibility to serve and protect their business (Mr. Sudler) Mr. Sudler stated that he had been contacted by Ms. Kate Howard and constituents regarding the protection of individuals once the bar had been let out. Committee Action Not Required. Ms. Kate Howard, Irish Mikes, City of Dover, explained that she wanted to get on the same page with the city. Ms. Howard stated that when she calls, she feels there is a perception issue between Irish Mikes and dispatch. Ms. Howard explained that dispatchers seem annoyed when they call to be proactive before the

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 10 fighting starts, or if they feel like police presence is needed for a lot of commotion while people are waiting to get their food around the corner. Ms. Howard stated that she understands that they are short-staffed, and she does not want the police department to think she is complaining about them. Ms. Howard stated that she called on Saturday and they were professional, officers arrived within five minutes, made sure everyone got in their cars, and cleared the sidewalk. Ms. Howard stated that the complaints have come from her bartenders, so they plan to have a staff meeting to discuss tips from Chief Johnson on how to provide dispatch information rather than trying to spit it off to them. Responding to Mr. Rocha, Ms. Howard stated that the issues occur after one o’clock when everyone is leaving. Ms. Howard explained that it has increased since Covid with everyone sitting outside, drinking, and staying around downtown until three in the morning. Responding to Mr. Rocha, Chief Johnson stated that typically they tend to have a police presence in the area at the time of closing. Chief Johnson explained that one in the morning on a Thursday, Friday, or Saturday is primetime for all types of incidents in areas other than Irish Mikes. Chief Johnson stated that response times are directly related to how pressed resources are. When someone is there in two minutes, that means they are in a good spot and have the resources ready, when five to seven minutes have passed and there is no car, then there is likely a dispatcher somewhere asking if anyone can break loose and get to Loockerman Street. Mr. Boggerty commended Chief Johnson for inviting him to review video footage of an event that occurred around Irish Mikes. Mr. Boggerty explained that in viewing the video footage, he was able to see the bigger picture and obtain deeper knowledge of what had transpired. Ms. Arndt commended Chief Johnson and thanked Mr. Boggerty for providing the information on the video. Ms. Arndt stated that she saw the video and appreciated the additional context of how the situation was handled and the video that was played was only a minute and a half of a 55-minute video. Lachelle Paul, 501 Silverside Road, Wilmington, expressed concerns about the police department enforcing laws so that patrons of establishments like Irish Mikes know that certain behaviors will not be tolerated. Ms. Paul expressed concerns with the video, where an individual struck another individual and the police were present, but nothing was done. Ms. Paul stated that businesses should not have to deal with the issues simply because they serve alcohol. Ms. Paul stated that the businesses want people arrested if they are creating issues in front of the businesses. Mr. Boggerty stated that he had the same question when he first watched the video as well. Mr. Boggerty explained that when he took in all of the situational

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 11 awareness, he found himself asking what had to happen. Through the community policing model, they were told to go home so they would not be embarrassed but ultimately someone was arrested. Enrico Stratton, 66 Barrett Court, Felton, expressed concerns about blaming the community rather than blaming the establishments that provide the alcohol and drugs in the community. Responding to Mr. Carey, Ms. Howard stated that she felt like the police were annoyed by her girls calling sometimes two times a week when most of the calls were to be proactive. Ms. Howard stated that people were getting food, they were in the middle of the street, cars were parked on Bradford Street, and they were in the bank parking lot drinking. Ms. Howard stated a lot of the people who hang outside do not even come into her business. Matthew Carey, Emergency Communications Manager, explained that the staff is not annoyed but they must maintain a level of calm to make it through a twelve- hour shift. Mr. Carey stated that he has a copy of the 17 times Ms. Howard’s establishment has called the police department for her review. Mr. Carey stated that no one was disrespectful and complied with national standards. Mr. Carey stated that every Wednesday, Thursday, Friday, and Saturday night they review the videos provided by Ms. Howard through EagleView, and they deploy officers as soon as possible. Mr. Carey explained that as Mr. Boggerty stated, they cannot always rush in because they may be outnumbered. Mr. Sudler stated that council needs to make sure their constituents are heard, and that they should not feel like they cannot come to council to express their concerns. Mr. Sudler explained that he took Ms. Howard’s concerns as a complaint and maybe that was misinterpreted. Discussion – Concerns with the displaced and tent village on College Road adjacent to the Delaware State University facilities (Mr. Sudler) Mr. Sudler briefed the committee on the concerns of Delaware State University alumni and individuals in the district regarding the tent city on College Road. Mr. Sudler expressed concerns about the individuals who may be registered sex offenders or violent, property owners receiving citations from code enforcement for unlawful tent villages on their property, and the accountability from the homeless individuals and city council. Committee Action Not Required. Mr. Eddie Kopp, Chief Code Enforcement Officer briefed the committee on the status of the homeless encampments. Mr. Kopp stated that the problem is not with the property owners because they are taking corrective actions, the problem is that they cannot keep up with the encampments. Mr. Kopp stated that the encampments are well connected, and the problem is being moved from one area

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 12 to another. Mr. Kopp stated that code enforcement is working closely with the police department and the community policing unit to bring resources to the people that they are encountering, unfortunately, they often refuse the resources. Responding to Mr. Anderson, Mr. Kopp stated that there are between 40 and 50 encampments throughout the city. Responding to Mr. Anderson, Mr. Kopp stated that the encampments averaged between 15 to 30 people. Responding to Mr. Anderson, Mr. Kopp stated what has been most effective is having the property owner make sure that the property is clear of brush and debris and is visible from the public right of way. Responding to Mr. Anderson, Mr. Kopp stated that drug paraphernalia is a major concern at most encampments. Mr. Kopp stated that it is a safety concern for code enforcement, the police department, and kids when the location is close to a neighborhood. Responding to Mr. Anderson, Mr. Kopp stated that they are working with the property owners as best as they can, but it has become an ongoing issue that causes them to move from one location to another. Mr. Kopp emphasized that it is not just one property that is the issue. Responding to Mr. Anderson, Mr. Kopp stated that he believes what Georgetown is doing is helping, however, he does think that there are substance abuse treatment requirements for the program. Mr. Kopp stated that they are taking resources out to the encampments, and they are being turned away. Alonzo Hall, 320 Raymond Street, Dover, expressed his concerns with people saying that the unhoused do not want help. Mr. Hall spoke from previous experiences about the conditions in the shelters and how the volunteers speak to people. Mr. Hall also explained that they do want help and they need help. Tracy Palmer, 301 Cassidy Drive Suite B, Dover, explained that Tracy Palmer Ministries is in the community helping to feed, provide showers, and anything else that is needed by the community. Ms. Palmer expressed dissatisfaction with council following through on what has been proposed at council meetings. Ms. Palmer explained that the community needs help, people are begging for food, loitering on properties, and defecating on properties. She continued to explain that Tracy Palmer Ministries wants to help the community, the homeless, and the children who run away, but they cannot do it by themselves. Ms. Palmer asked the council to afford Tracy Palmer Ministries a building, land, or both. Alex Cropper, 217 N.E. Front Street, Milford, explained that the people in the community need help. Mr. Cropper stated that when he worked at Dover

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 13 Interfaith, he saw many of the things that Mr. Hall described. Mr. Cropper explained that the people need thorough assessments done and follow-up case management. Mr. Cropper stated that he attended a city homeless expo that was held one weekend and consisted of a comedy show, basketball tournament, concerts with local artists, and on Sunday they had breakfast, and a prayer service to raise funding to aid the homeless. Mr. Cropper offered his services to organize an event like this in the city and as a counselor to Tracy Palmer Ministries. Lachelle Paul, 501 Silverside Road, Wilmington, expressed her concerns about homelessness in the community. Ms. Paul explained that her organization may have contributed to tents at the encampments because they collected tents to provide individuals with some type of shelter. Ms. Paul suggested finding a safe place to house the tents within the city that does not interfere with property owners. Ms. Paul stated that many of the resources that are available to the homeless do not have anything left to give. Ms. Paul explained that Tracy Palmer Ministries has a great proposal if the council could review it and help her with her vision. Bonnie Pennington, 200 N. Kirkwood Street, Dover, expressed her concerns about the lack of help from the state. Ms. Pennington stated that two people passed away because of the below-freezing temperatures. Ms. Pennington explained that everyone makes mistakes, and that homeless people need a second chance because they deserve it. Teresa Campbell, 28 Holden Court, Clayton, expressed her concerns as the Director of the Center for Neighbors in Need. Ms. Campbell stated that the city does not have a homeless situation, it has a mental health situation. Ms. Campbell stated that there are no mental health facilities in Dover, and shelters like hers are lining people up on tables at night. Enrico Stratton-Bey, 66 Barrett Court, Felton, expressed the need for council to be out in the community physically helping the organizations like Tracy Palmer Ministries, and Code Purple to fully understand the need of the community. Ashley Robinson, 119 Albert Place, Felton, explained as the owner of The Wedding Boutique on Loockerman Street, she can attest to homelessness being a major concern. Ms. Robinson suggested that there be a committee that gathers all of the city’s resources together to evaluate how many programs there are and where the money needs to go. Ms. Robinson stated that if she knew where to direct people instead of having to call the police, she would like to be able to do that. Ms. Robinson suggested that once all the programs and shelter information is gathered, it would be helpful if a newsletter could be sent out sharing the information of where to direct the people. Josette Cooper, 580 N. Dupont Highway, Dover, stated that she is actively involved in feeding the homeless on holidays and that she always obtains food

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 14 from Tracy Palmer Ministries. Ms. Cooper stated that Tracy Palmer is always helping the community, the homeless community, and the families and children of the community. Ms. Cooper stated that Tracy Palmer is always available, and she would like the city to say yes to her proposal. Francis Perry Hawkins, 7012 Coffee Circle, Dover, stated that as a retired veteran who has experienced homelessness and volunteered with Code Purple and Tracy Palmer Ministries, many of the homeless that she has seen in the community are veterans. Ms. Hawkins asked that council consider Tracy Palmer’s proposal because many of the people are homeless or veterans who have served the country for years. Albert Roach, 301 Cassidy Drive, Dover, expressed appreciation for Tracy Palmer and all that she does for the community through Tracy Palmer Ministries. Ennio Zaragoza, 123 E. Division Street, Dover, expressed support for Tracy Palmer’s proposal and all of the work that she does in the community. Reverend Rita Mishoe Paige, 355 Rita Wilma Road, Dover, suggested that a planning committee be developed to come up with financial initiatives to finance buildings such as the one Tracy Palmer has proposed. Reverend Paige stated that the committee needs to have conversations with the Delaware State Housing Authority about providing funding through the housing council, and offering private developer tax credits so that they may build affordable housing for the homeless. Reverend Paige also suggested that the housing be scattered because there can be a negative connotation behind housing them in one location. Reverend Paige explained that the homeless need help, they need finances and training. Reverend Paige commended Tracy Palmer Ministries for all of the work that they do in the community. Reverend Paige stated that the city does own old buildings that could be rehabbed to house the homeless but that there needs to be job training, mental health issues need to be addressed, and counseling needs to be offered to address all of the things that go along with being homeless. Revered Paige stated that she and her daughter recently hosted a dinner for the homeless at the Delvets and out of 75 people approximately six of them were veterans. Reverend Paige stated that anyone could become homeless, and they deserve compassion. Responding to Mr. Sudler, Reverend Paige stated that when she worked as the Community Development Block Grant Administrator in Milford, she ran into people living in chicken coops because they were afraid of moving into a new environment. Reverend Paige stated that most people want help if they can get help. Angela Williams, 723 S. Wynn Wood Circle, Camden, expressed support for Tracy Palmer Ministries. Ms. Williams also expressed the need for a committee to organize the resources available to assist the homeless.

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 15 Mr. Boggerty stated that he understands the urgency of homelessness in the community as a veteran himself and as someone who has experienced homelessness in his life as well. Mr. Boggerty asked the Mayor and Council President to work with Ms. Palmer because she has proven to be effective in all things that she does with the community. Mr. Rocha stated that council should look at taking Reverend Paige’s recommendation to form a working group or committee formally. Mr. Rocha stated that in conjunction with the working group, there is a need to create a plan to put together a healthy and conducive place for them to stay in the meantime. Mr. Rocha explained that the working group will bring everyone together, but they cannot lobby for their own organization. Mr. Rocha moved to recommend putting together a working group to tackle the immediate needs of those in tents right now, whether they need heat or porta-potties to get them to a level where they do not freeze to death, and then have reports brought back to council. The motion was seconded by Mr. Hare and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. Responding to Ms. Smack, Mr. Rocha stated that they would go through the mayor’s office and would be brought back in 30 days. Mr. Rocha explained that he would like it brought back at the second meeting in February, however, that does not mean that the group will not be working. Responding to Ms. Palmer, Mr. Rocha stated that she should bring her plan, but they are going to work together, shuffle through all the papers, and address the immediate needs first. Responding to Ms. Palmer, Mr. Rocha stated that he is unsure why the Dover Housing Authority and Delaware State Housing Authority have not stepped in. Mayor Christiansen stated that the committees that they created before have disappeared because there was continual fighting. Mayor Christiansen explained that one of the successful committees was the Mayor’s Challenge to End Veterans Homelessness, which housed over 2,000 homeless veterans. Mayor Christiansen explained that he would bring everyone to the table, they will elect their leadership, he will make sure that they do not fight, and that they come up with something productive to bring back to council in either a written or verbal report. Mr. Neil recommended using the city website to communicate when the committee is meeting, where they will meet, and what they will be covering.

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 16 Mayor Christiansen stated that as soon as he hears from people who want to serve on the committee, they will have a meeting in the next 10 to 15 days. Mr. Lewis moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 8:49 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Lewis and unanimously carried. Tidewater Utilities – Agreement for Water Sales/Purchase (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis of the Tidewater Utilities agreement. Staff recommended allowing staff to enter into an agreement with Tidewater Utilities with the specified water rates. Mr. Hare moved to recommend acceptance of the staff recommendation. The motion was seconded by Mr. Lewis and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. Tree Trimming Bid Award – Sole Source Vendor (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director, reviewed the background and analysis of the tree trimming bid award. Staff recommended awarding a two (2) year (2024, 2025) tree trimming contract to Asplundh Tree Experts with a City option to extend it an additional three (3) years (2026, 2027, 2028), five (5) years total. The contract work will be adjusted to stay within the budget each year. Mr. Waddell noted that the sole source vendor was a typo, and the contract was opened up to the RFP process. Two responses were received, and Asplundh was the only one to provide a complete response. Mr. Hare moved to recommend acceptance of the staff recommendation. The motion was seconded by Ms. Arndt and unanimously carried.

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 17 By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 8:52 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Shevock and unanimously carried. Proposed Ordinance #2024-02 – Amending Chapter 106 – Traffic and Vehicles, Sec. 106-136 On-Street disabled parking (Councilman Neil and Councilwoman Arndt) Mr. Neil reviewed the background behind Proposed Ordinance #2024-02. Staff recommended approving Ordinance #2024-02. Mr. Neil stated that he was approached by a constituent who saw a problem in their neighborhood, where there were two handicapped spaces across from the driveway of the home of the person who requested them, which caused other neighbors to park farther and farther away, and the two parking spaces were not being used. Mr. Neil explained that the constituent provided documents from other government entities showing their process, because of this it was asked if a person had a driveway, do they need to have parking spots on the public road. Mr. Neil stated that the ordinance was prepared and improved in the sense that it now says the parking spot will be based on a DMV-issued parking permit. Mr. Neil explained that there was a list of 172 places that have handicapped parking, in addition to that, 62 are in residential areas, and approximately four addresses in the city have at least two parking spots listed at the specific address. Mr. Neil stated that the proposed ordinance does not take parking away from anyone who needs it, however, it does say that if they have two parking spots and a driveway, then they can only have one parking spot on the street. If they need two parking spots and do not have a driveway then they will need two permits from the DMV to use them. Mr. Neil explained that the proposed ordinance will be fair to people with disabilities and to the people in the neighborhood who have had their parking displaced from near their homes because someone is taking up two spots. Responding to Mr. Anderson, Mr. Neil stated that if they prove that they have two valid permits from the DMV showing that there will be two vehicles going in and out, then they will be able to have their driveway plus one parking spot on the road.

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 18 Responding to Mr. Anderson, Mr. Neil stated that they would have to go through a review process with evidence from the City of Dover Public Works Department. Responding to Mr. Lewis, Mr. Neil stated that the clerk’s office had to go through the ADA for approval to make it on the agenda. Responding to Mr. Lewis, Mr. Neil stated that if they had three permits from the DMV, they could have two spots. Responding to Mr. Lewis, Mr. Neil stated that typically there is one foot of length for each one inch of height, and it would be impossible to have a house flat and a driveway going up, but if it comes up then they would have to request a review. Mr. Hugg stated that the proposed ordinance does not address whether existing permits are grandfathered in, and that the city has an ADA Coordinator in Water/Wastewater and Engineering Services for construction projects, but that they are not involved in approving individual requests. Mr. Hugg stated that several driveways in the city do not meet the ADA standards because they are sloped, rounded, or have a higher curb than necessary, and for that reason, he would like to have more time to re-examine some of the sites. Mr. Hugg stated that to the best of his knowledge, a handicapped parking space is not designated for any particular individual, they may request it, and it may be put in front of their house but anyone with a placard can park there. Responding to Mr. Sudler, Mr. Neil stated that the community has an HOA, but that it is not a private community. Mr. Neil moved to recommend deferring Proposed Ordinance #2024-02. The motion was seconded by Mr. Lewis and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 9:11 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 9:11 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole report, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote. APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY THE COUNCIL PRESIDENT By consent agenda, Mr. Neil moved for approval of the following appointments, seconded

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 19 by Dr. Pillsbury, and carried by a unanimous roll call vote. Dover Human Relations Commission - Second District Appointment - William G. Faust, Jr. - Three-Year (3) Term to Expire February 2027 RESOLUTION NO. 2024-01 - AUTHORIZING SIGNATURES FOR BANKING SERVICES ON BEHALF OF THE CITY OF DOVER - CONTROLLER/TREASURER, ASSISTANT TREASURER, AND INTERIM ASSISTANT TREASURER By consent agenda, Mr. Neil moved for adoption of Resolution No. 2024-01. The motion was seconded by Dr. Pillsbury, and by a unanimous roll call vote, Council Adopted the following Resolution: A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES ON BEHALF OF THE CITY OF DOVER, DELAWARE WHEREAS, the City of Dover's investment policy includes the investment of funds up to $100,000 per banking institution, investments in the State of Delaware Investment Pool, and the purchase and sale of investment grade corporate bonds, and U.S. Treasury and agency securities; and WHEREAS, the banking institutions, brokerage firms, trust companies, and other various financial institutions require an Authorizing Resolution for the opening of accounts, and for purchasing, selling, transferring, assigning, and handling securities; WHEREAS, by the Mayor and Council of the City of Dover, that the Controller/Treasurer and Assistant Treasurers are hereby authorized to open accounts with banking institutions and purchase, sell, transfer, assign, and handle securities, and that they are authorized to sign all related forms; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that the Controller/Treasurer and Assistant Treasurers are hereby authorized to open accounts with banking institutions and purchase, sell, transfer, assign, and handle securities and that they are authorized to sign all related forms; BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one signature; and That the following are the office holders authorized for these purposes, until further notice: Patricia M. Marney Interim Controller/Treasurer Melanie S. Patterson Assistant Controller/Treasurer Andria L. Bennett Assistant Treasurer Arielle M. Rivera Assistant Treasurer ADOPTED: February 12, 2024

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 20 ORDINANCE/FIRST READING - PROPOSED ORDINANCE #2024-05- AMENDING CHAPTER 106 - TRAFFIC AND VEHICLES, SECTION 106-17 - TRUCK ROUTES (JASON LYON, WATER/WASTEWATER DIRECTOR) Council President Hare reminded the public that copies of the proposed ordinances were available on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. Council President Hare further stated that the Final Action by City Council will take place during the Second Reading on February 26, 2024. Mr. Jason Lyon, Water/Wastewater Director, reviewed the proposed Ordinance #2024-05 - Amending Chapter 106 - Traffic and Vehicles, Section 106-17 - Truck Routes. Mr. Lyon explained that there was a clerical error in the proposed ordinance, which is why it needs to be amended. He asked that the members accept the revised truck route that was discussed in September. Responding to Mr. Lewis, Mr. Lyon stated that he is correct, number three (3) Governor’s Avenue is being deleted as a truck route. Responding to Mr. Lewis, Mr. Lyon stated that on Route 13 going northbound, there is a sign indicating that trucks are not allowed on US 13 alternate, which is South Governor’s Avenue. He further stated that the ordinance had this as a truck route and DelDOT did not recognize it as one, so it was just cleaning up the ordinance. Responding to Mr. Lyon, Mr. Neil stated that there is no question about number 17, Persimmon Tree Lane, or number 22, Leipsic Road being a truck route. He further explained that it is likely a very important truck route for the area, but also an area that experiences heavy traffic at special times due to events at the Dover Motor Speedway, Firefly, and Phish. There is a proposed development along Leipsic Road with apartments and other facilities as well. Mr. Neil emphasized the importance of the road connecting Leipsic Road to Persimmon Tree Lane, as it turns north at Persimmon Tree Lane and continues east. He explained that as the area develops, it will be necessary to widen and expand the road to DelDOT standards, requiring involvement from the MPO and DelDOT. Mr. Neil stated that it should remain a truck route, as it is heavily traveled at times but is blocked off occasionally due to major events held in the area. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2024-05 - AMENDING CHAPTER 106 - TRAFFIC AND VEHICLES, SECTION 106-17 - TRUCK ROUTES CITY MANAGER'S ANNOUNCEMENTS No Announcements from Mr. Hugg. MAYOR’S ANNOUNCEMENTS Mayor Christiansen stated that he would like to remind everyone about the St. Patrick’s Parade on March 16, 2024, sponsored by the City of Dover and a downtown merchant. He also

CITY COUNCIL MEETING OF FEBRUARY 12, 2024 PAGE 21 mentioned that Agape Body Piercings and Destination Downtown Dover are sponsoring a Pub Crawl from 2:00 PM to 6:00 PM, the same day as the parade. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Boggerty wanted to acknowledge African American History in their great city and asked that they continue to remember all the great contributions of African Americans here and all around the world. Mr. Boggerty asked everybody to remember all the great contributions of the African American community that they have in this city, state, and abroad. Mr. Rocha stated that there will be a community meeting about the River Walk Project at the Dover Public Library on Saturday, February 24th, 2024, at 11:00 AM. The meeting is open to the public, and lunch will be provided. Due to space limitations, attendance is on a first-come, first- served basis. Mr. Rocha also mentioned that there will be a Town Hall meeting on March 7, 2024, located at Fire Station 2 on Kenton Road for the First District at 6:30 PM. Dr. Pillsbury, Mr. Boggerty, and himself will be present to provide updates on the road construction on Kenton Road and Saulsbury Road. The meeting will include a presentation by the MPO and an update on downtown from the Downtown Dover Partnership. Mr. Rocha requested Code Enforcement’s presence at this meeting. Additionally, Mr. Rocha expressed his intention to run for Council President and is seeking support from his colleagues. Mr. Anderson wanted to express his gratitude for the support he received following his sister's passing. He also mentioned that Reverend Dr. John G Moore, Sr., will be performing “Echoes of the Profit” presentation on Monday, February 19, 2024, at 3:00 PM at Bally’s. The event is free, and Mr. Anderson encouraged everyone to attend. The meeting adjourned at 7:35 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by the City Council during their Regular Meeting of February 12, 2024, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR