Regular City Council Packet - REVISED

CITY OF DOVER, DELAWARE REGULAR CITY COUNCIL MEETING Monday, October 28, 2024 at 6:30 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA THIS AGENDA AND PAPERLESS PACKET HAVE BEEN REVISED TO ADD AGENDA ITEM #5 UPDATE FROM MAYOR CHRISTIANSEN AND CHIEF JOHNSON. VIRTUAL MEETING NOTICE This meeting will be held in the City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/lta47e Event number: 2538 504 3061 Event password: DOVER (if needed) If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts. The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's Streaming Player located at www.cityofdover.com under "Quick Links". OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.) The “Open Forum” segment is provided to extend the opportunity to the general public to share their questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda as a public hearing is prohibited during the Open Forum as an opportunity will be provided during consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from taking action since they are not in official session; however, they may schedule such items as regular agenda items and act upon them in the future. INVOCATION - Elder Ellis B. Louden PLEDGE OF ALLEGIANCE - Council President Anderson ADOPTION OF AGENDA ADOPTION OF CONSENT AGENDA Page 1

REGULAR CITY COUNCIL MEETING - October 28, 2024 PAGE 2 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. PROCLAMATIONS 1. Geographic Information Systems (GIS) Day and Geography Awareness Week PRESENTATIONS 2. Dover Library Foundation Update - (Tony DePrima, Library Foundation Director) 3. Recognition of 911 Dispatchers from the Dover Police Department (Mayor Robin R. Christiansen and Councilman Fred Neil) 4. The People's Community Center (Pastor Derek Hodge, People's Church of Dover UCC) 5. Update from Mayor Christiansen and Chief Thomas Johnson CONSENT AGENDA ADOPTION OF MINUTES 6. Regular City Council Meeting of October 14, 2024 COMMITTEE REPORTS 7. Economic Development Committee Report - November 14, 2023 8. Council Committee of the Whole Report of October 15, 2024 Council Reports - August 2024 9. First District 10. Second District 11. Third District 12. Fourth District 13. At-Large 14. Council President Anderson CCW Presentation 15. Discussion - Dream Association and Field of Dreams Football Program within the City of Dover (La Mar Gunn, Dream Association Founder) (Committee Action Not Required) Page 2

REGULAR CITY COUNCIL MEETING - October 28, 2024 PAGE 3 Parks, Recreation, and Community Enhancement Committee 16. Introduction of New Parks and Recreation Director - Roger Ridgeway (Committee Action Not Required) Utility Committee 17. Update to the City of Dover Wastewater Master Plan (Jason Lyon, Water/Wastewater Director) (Committee Recommendation: Acceptance of the Wastewater Master Plan and utilize it as a guide for the future of the wastewater utility.) 18. Lead and Copper Rule Outreach Requirements (Jason Lyon, Water/Wastewater Director, and Kate Mills, Water Production Manager) (Committee Recommendation: The item is informational for the Council Committee of the Whole Committee. Staff will deliver the regulatory required information to water customers.) Legislative, Finance, and Administration Committee 19. Discussion - Chapter 30 - Standards of Ethical Conduct and Ethics Commission (Nicholas Rodriguez, City Solicitor) (Committee Recommendation: Instruct staff to draft appropriate ordinance amendments to reform the Ethics Commission process.) 20. Recreational Marijuana Land Uses and Related Zoning Regulations (David S. Hugg, III, City Manager, Sharon Duca, Assistant City Manager, and Ann Marie Townshend, Rossi Group) (Committee Recommendation: That City Council provide direction to staff on their selected path forward to meet the proposed timetable.) QUARTERLY REPORTS 21. Quarterly Revenue Report as of September 30, 2024 (Staff Recommendation: Acceptance of the Quarterly Revenue Report.) 22. Quarterly Review - Capital Investment Plan (CIP) (July, August, September) (Staff Recommendation: Acceptance of the Capital Investment Plan (CIP) Report.) SEMI-ANNUAL REPORTS 23. Semi-Annual Inspection by City Manager - Robbins Hose Company (Staff Recommendation: Acceptance of the Semi-Annual Inspection Report) Page 3

REGULAR CITY COUNCIL MEETING - October 28, 2024 PAGE 4 APPOINTMENTS 24. Appointment of Controller/Treasurer ITEMS NOT ON THE CONSENT AGENDA 25. Villages of Maple Dale (Updated Phase 3) Planned Neighborhood Design (PND) Senior Citizen Housing - Sketch Plan Review (Staff Recommends that City Council determine that Villages of Maple Dale (Updated Phase 3): Planned Neighborhood Design - Senior Citizen Housing Option is of such a Design and Type that warrants Further Review by the Planning Commission. Staff Further Recommends that City Council Refer the Proposal to the Planning Commission for Further Review. Planning Reference: MI 24-08) 26. Sale and Disposition of Excess Real Property - Adjacent to 600 Forest Street - Parcel ID: ED-05-076.12-02-75.00 (David S. Hugg, III, City Manager) (Staff Recommendation: Approve sale of surplus property to adjacent property owner.) ORDINANCES FIRST READING REFERRAL - The First Reading is offered on the Proposed Ordinance. It is recommended for referral to the Planning Commission for a public hearing on NOVEMBER 18, 2024 and that a Public Hearing before City Council be set for DECEMBER 09, 2024 at 6:30 p.m., at which time the Final Reading and Council action will take place. The ordinance is available at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us. 27. Proposed Ordinance #2024-29 - Amending Appendix B- Zoning, Article 3 - District Regulations, Sec. 19 - Manufacturing Zone (M), Sec. 20 - Industrial Manufacturing Zone (IPM), Sec. 23 - Agricultural Zone (A), Article 5 - Supplementary Regulations, Sec. 24 - Marijuana Related Businesses, Article 12 - Definitions (Formerly Proposed Ordinance #2024-25A - Recreational Marijuana Land Use and Zoning: Cultivation, Manufacturing, and Testing Facilities) 28. Proposed Ordinance #2024-30 - Amending Appendix B- Zoning, Article 3 - District Regulations, Sec. 16 - Highway Commercial Zone (C-4), Article 5 - Supplementary Regulations, Sec. 24 - Marijuana Related Businesses, Article 12 - Definitions (Formerly Proposed Ordinance #2024-25B - Recreational Marijuana Land Uses and Zoning: Retail Marijuana Stores) FIRST READING - The First Reading is offered on the Proposed Ordinance. Final action by Council will take place during the Second Reading on DECEMBER 09, 2024. The ordinance is available at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us. Page 4

REGULAR CITY COUNCIL MEETING - October 28, 2024 PAGE 5 29. Proposed Ordinance #2024-24 - Amending Chapter 26 Businesses, Article II - Licenses, Sec. 26-31. - Definitions, and Appendix F - Fees and Fines, Chapter 26 (Formerly Proposed Ordinance #2024-24A - Recreational Marijuana Business Licenses: Cultivation, Manufacturing, and Testing Facilities) 30. Proposed Ordinance #2024-25 - Amending Chapter 26 Businesses, Article II - Licenses, Sec. 26-31. - Definitions, and Appendix F - Fees and Fines, Chapter 26 (Formerly Proposed Ordinance #2024-24B - Recreational Marijuana Business Licenses: Compassion Centers, Retail Marijuana Stores) CITY MANAGER’S ANNOUNCEMENTS MAYOR'S ANNOUNCEMENTS COUNCIL MEMBERS’ ANNOUNCEMENTS ADJOURNMENT THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING Page 5

Item #1. Page 6

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Item #6. REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on October 14, 2024, at 7:18 p.m. with Council President Anderson presiding. Council members present were Mr. Hare, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Dr. Sudler, Mr. Rocha, and Mr. Lewis. Staff members present were Police Chief Johnson, Mr. Hugg, Ms. Marney, Ms. Melson- Williams, Fire Chief Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:33 p.m., prior to commencement of the Official Council Meeting. 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. Pastor Sheila Lomax of Holy Trinity Church expressed frustration with the ongoing excuses and emphasized the need for tangible results. She asked what could be done collaboratively and inquired about the specific responsibilities of the city and the police, stressing that these duties should not fall solely on the church. Pastor Lomax pointed out that the church cannot fulfill the city’s obligations, just as the city cannot take on the church’s role. She further asked for clarity on where things currently stand and how the city and police plan to assist. Pastor Lomax underscored the importance of collective effort, noting that solving these challenges requires more than one person. She urged everyone to come together, stop making excuses, and take the necessary actions to move forward. Dr. Sudler requested more clarity on the process to ensure constituents understand exactly what to expect, acknowledging that this is a new procedure. He apologized for the complications they are currently facing and expressed confidence that Mayor Christiansen and the Chief of Police would be able to provide the necessary answers. Dr. Sudler emphasized his desire to stay informed and assured everyone that he, Mr. Anderson, and Mr. Boggerty, are committed to assisting and working together as a team to get the job done. He also pointed out a distinction between what can be done from a charter perspective and what can be done in practice under the charter, highlighting the need for clarity on these limitations. For the record, Mr. Boggerty clarified that he has had multiple conversations, including with the presiding Bishop of the Reformation, regarding the building and the efforts being made to address code enforcement issues. Pastor Leroy Bradshaw, Brotherhood/Sisterhood Team of Ministry, stated that the crime would still be there. They cannot blame the police or the people. He said that until they can start working as one, they will continue to have problems. They will never get rid of the homeless, they will always have the homeless. Pastor Bradshaw explained that they need to find resources to help the people. He is for the people and prayed that they are not blaming the church. Mr. EShed Alston, 406 Arnold Court, Dover, stated that he wanted to talk about the upcoming election. Mr. Aston stated that to his knowledge up to 40% of the citizens do not vote every year, Page 9

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 2 not even in a presidential year. He has been working on trying to get debates on either side so that the public would be knowledgeable about not only what is at stake but what is at risk. He believes America is at risk. Beverly Henry shared that she has worked on outreach efforts in Wilmington and volunteered at a place called Sojourner’s House, which operates differently from traditional rehabilitation centers. She explained that while typical rehabilitation centers discharge individuals within a few days, often without a structured plan, Sojourner’s House takes a more comprehensive approach. Ms. Henry noted that only two locations in Delaware offer Sojourner’s House services. The program not only supports individuals struggling with alcohol and drug addiction but also helps those experiencing homelessness. Sojourner’s House brings people off the streets and assists them in enrolling in Medicaid and completing job applications. Unlike other programs, they do not release individuals back into the public until they are ready. While Ms. Henry acknowledged that not everyone is prepared for the structure Sojourner’s House provides, she stressed that if they could engage some of the individuals on the street, those individuals could secure stable housing by the time they leave the program. Importantly, residents do not have to pay for it. Dr. Sudler recommended that Ms. Henry reach out to Pastor Sheila Lomax of Holy Trinity Church, suggesting that a partnership could begin there. He proposed organizing a healthcare fair with the involvement of Mr. Anderson, Mr. Boggerty, and himself. Dr. Sudler further suggested revitalizing and introducing Ms. Henry’s program to the community, starting in areas where it is most needed, such as New Street, and eventually expanding it throughout the city. Ms. Shereen Williams voiced concerns about the City of Dover’s employment practices, particularly regarding potential bias in hiring. She highlighted her qualifications, noting that she holds three (3) advanced degrees, including an Executive MBA in Innovation Management from Temple University and a degree in New Media Journalism from Full Sail University. Ms. Williams explained that she had applied for several positions with the City of Dover, including the Controller Treasurer position, for which her qualifications and professional experience far exceeded the minimum requirements. As evidence of her credentials, she submitted her resume, transcript, and cover letter for Council to review. Despite participating in two (2) interviews with the city, Ms. Williams did not receive a follow-up call or job offer. After her second interview, the interviewer escorted her from the building, commenting that she was overqualified for the role. Ms. Williams questioned why highly qualified candidates are being overlooked and whether unspoken biases might influence hiring decisions. She stressed that her concerns are not merely personal but reflect broader systemic issues within the city's hiring policies, which are intended to prohibit discrimination. She further asked how a candidate could be deemed overqualified based solely on an interview and requested clarification on the qualifications of the individual who was ultimately hired. Ms. Williams asked whether the chosen candidate's qualifications were indeed superior to hers. Responding to Mr. Anderson, Ms. Williams stated that she was interviewed for the Controller Treasurer position. Page 10

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 3 Responding to Mr. Rocha, Ms. Williams explained that she had interviewed for other positions within the City of Dover but was neither hired nor provided with any feedback. She noted that she had recently applied for the Controller Treasurer position, believing she was overqualified for that role, as well as for every other position she applied for—yet she received no offer or further communication. In response to Mr. Lewis, Ms. Williams clarified that the position in question, for which she was deemed either unqualified or highly qualified, was the FOIA position. She added that personnel informed her she was considered overqualified for the role. Responding to Mr. Hare, Ms. Williams stated that she has an Executive MBA degree from Temple University, an Innovation Management degree from Temple University, a degree in New Medium Journalism, a master’s degree from Full Sail University, and a bachelor’s degree in social work from Delaware State University. Lachelle Paul, 501 Silverside Drive, emphasized the importance of addressing constituents' concerns regarding the policing process. She mentioned that she has spoken with the Police Chief multiple times about issues faced by residents on New Street, noting that several individuals have approached him personally. Ms. Paul inquired about the financial resources required to ensure that the budget accommodates the necessary number of officers to provide adequate protection in high-crime areas. She further questioned what actions are being taken to resolve these issues and ensure that the appropriate officers are deployed to effectively police these neighborhoods. She expressed that merely reacting to crime is insufficient; proactive policing is essential. With high crime rates in the area, she underscored the urgent need for effective solutions. Cleveland Wilson, Concerned Citizens of the Community, stated that they know that New Street is a high crime area, as in Capital Green and Manchester Square. He inquired about the actions that would be taken to address the issue and how long it would continue unresolved. Mr. Wilson emphasized that people must take action to make a difference. He noted that while additional meetings are necessary, they must also lead to meaningful action. James Mayhall, 228 Ann Avenue, expressed his concerns regarding an incident in which he was beaten and tortured while handcuffed by the Dover Police Department. He reported that he filed a complaint against the officers involved but was denied any action. Mr. Mayhall believes that Police Chief Johnson and Mayor Christiansen should resign from their positions. He stated that he had a video of himself being laughed at while attempting to file the complaint and questioned why he would return to the police station where he experienced abuse to report it. Additionally, Mr. Mayhall mentioned that he had submitted a FOIA request twice, both of which were denied. He emphasized his belief that Mayor Christiansen, Chief Johnson, and internal affairs are corrupt and stated his intention to prove it. Mayor Christiansen stated that he had a lengthy conversation regarding this matter and outlined the extent of his involvement. He also suggested alternative routes that Mr. Mayhall could pursue. Page 11

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 4 Responding to Mayor Christiansen, Mr. Mayhall stated that he could file a lawsuit, but he would rather talk about it. He stated that he did go to the Attorney General’s Office and the FBI came and got a warrant. Dr. Sudler expressed that if that were the case, it would indicate a regression rather than progress. He acknowledged that he does not know all the specifics regarding the perception of the situation and offered his apologies for what occurred. Mr. Lewis agreed with Dr. Sudler. He believes that if this situation did occur, it would be disgraceful and appalling, and an investigation needs to be done. If not done by the Attorney General, but a higher authority, like the U.S. Attorney’s Office. Mr. Lewis would hope that the police would not do anything like this and hopes that Chief Johnson would be transparent with City Council and let them know what transpired and happened. INVOCATION The invocation was given by Bishop Carol Boggerty. Bishop Boggerty announced the upcoming Faith and Blue event. She explained that this initiative aims to bring together the faith community, as well as individuals who may not identify with a particular faith but believe in the importance of law enforcement in their communities. This initiative is not limited to Delaware; it is a nationwide effort to partner with law enforcement agencies, including police departments, capital police departments, correctional officers, and all those involved in law enforcement. The Faith and Blue event will take place on October 19, 2024, in the back lot of the Dover Police Department from 11:00 A.M. to 2:00 P.M. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Hare. ADOPTION OF AGENDA Mr. Anderson requested to strike Item #19, the sale and disposition of Excess Real Property – Adjacent to 600 Forrest Street, due to no agreement with the prospective buyer from the agenda. Mr. Rocha made a motion to strike Item #19 from the agenda, seconded by Mr. Lewis, and carried unanimously. Dr. Sudler requested to add the Appointment of Dr. Samuel Hoff to the agenda. He believed that the Ethics Commission needs to be at full capacity and Dr. Hoff is well qualified for the position. Mr. Neil moved for adoption of the agenda as amended, seconded by Mr. Boggerty. Mr. Lewis stated that he had read the proposed changes for the Ethics Commission and there was nothing that referred to the commissioners or the appointment of a Commissioner. He agreed with Dr. Sudler to add the appointment of Dr. Samuel Hoff to the Ethics Commission. Mr. Lewis expressed that his credentials and educational experience are beyond impressive in his opinion. Responding to Dr. Sudler, Mr. Anderson noted that there have been multiple proposals, including suggestions from three members advocating for the elimination of the Ethics Page 12

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 5 Commission in favor of aligning with the state. Mr. Anderson expressed his desire to wait for a decision on whether to amend the agenda, which ultimately was amended. He indicated that he wanted to hold off on adding any appointments to the agenda until they had a clearer direction following Tuesday's discussions. Dr. Sudler believed that Dr. Hoff would be amenable if they eliminated or eradicated the commission. He further believed that it would not affect them or Dr. Hoff in any adverse way. Dr. Sudler requested that they still honor Mayor Christiansen’s request by appointing Dr. Samuel Hoff during tonight’s meeting. Ms. Arndt agreed with Dr. Sudler and noted that, after reviewing Dr. Hoff’s resume and considering his potential contributions, she was comfortable with adding the appointment to the agenda. Mr. Boggerty believed that it would be beneficial if they agreed to support Mayor Christiansen and his appointment. Mr. Neil moved for adoption of the agenda as amended. The motion was seconded by Mr. Boggerty and carried unanimously. 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. Sudler and carried by a unanimous roll call vote. PROCLAMATION – INDIGENOUS PEOPLE’S DAY The City Clerk read the following Proclamation into the record: WHEREAS, The Lenni-Lenape Native Americans originally lived in a huge territory that included what is now New Jersey, Pennsylvania, New York, and Delaware. The Lenni-Lenape, whose name Lenni means “Original”, and Lenape meaning “People” are indigenous to the Delaware Valley that includes the City of Dover; and WHEREAS, before the first cobblestone was laid by European colonists, the lands on Delmarva that would become Kent County were occupied by Native Americans, particularly the Lenni- Lenape. The Lenni-Lenape Tribe was the first to encounter the Europeans (Dutch, English, and Swedish) in 1524. The English settlers gave them the name Delaware Indians because they lived along the Delaware River, and the river, in turn was named after the governor of the Jamestown colony, Lord de la Warr; and WHEREAS, the peace-loving Lenni-Lenape were called the “grandfathers” or “ancient ones” by many other tribes and were considered to be among the most ancient of the Northeastern Nations. They were known as warriors and diplomats, often keeping peace and mediating Page 13

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 6 disputes between the neighboring Native Nations, and were admired by European colonists for their hospitality and mediation skills; and WHEREAS, in celebrating the traditions, cultures, and accomplishments of the Lenni-Lenape Tribe, we also acknowledge our city’s history of colonialism that has inflicted discrimination, deprivation, and genocide upon indigenous people. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 14, 2024, as Indigenous Peoples’ Day in the City of Dover and for all citizens to join in celebrating Indigenous Peoples’ Day and continue to promote the rich heritage and history of the First People of the First State. PRESENTATION – BIGGS MUSEUM UPDATE FROM HASSAN NAJAR, EXECUTIVE DIRECTOR Mr. Hassan Najar briefed members on the Biggs Museum. PUBLIC HEARING – ANNEXATION/REZONING REQUEST OF PROPERTY LOCATED AT 139 ACORN LANE Ms. Dawn Melson-Williams, Principal Planner, reviewed the Proposed Annexation/Rezoning of Property Located at 139 Acorn Lane #2024-14. Responding to Mr. Lewis, Ms. Melson-Williams stated that the building on the property is a single-family house, and the owner had a tenant living there at one point. She was not sure if there was a tenant present, but if there was, upon annexation into the City of Dover, the owner would need to comply with the city’s rental dwelling permit program. Ms. Melson-Williams noted that the property owner also owns other land within the city that has participated in the rental program. Responding to Mr. Lewis, Ms. Melson-Williams explained that annexing the property would benefit the city by making it eligible for city utilities, including a change in the electric rate, as it is already a City of Dover Electric customer. Additionally, if the property connects to city water and sewer services, the owner would be required to pay impact fees along with water and sewer rates for ongoing services. She further noted that annexation would ensure the property owner contributes to property taxes, which helps fund city services such as police and fire departments. Since the property is already within the Robbins Hose Dover Fire Company’s Fire District, the fire service coverage would remain unchanged. Ms. Melson-Williams added that annexation also clarifies additional opportunities for the property. The property is identified as an enclave area (category one) in the comprehensive plan, meaning the owner must pursue annexation to gain access to city water and sewer services. Responding to Dr. Sudler, Ms. Melson-Williams explained that one of the challenges was the applicant's attempt to join the meeting virtually. She noted that the applicant had reached out to both her and the clerk’s office for assistance. Dr. Sudler believed that the intended use of the land was a factor in the desire to have the property annexed into the city. Page 14

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 7 Responding to Dr. Sudler, Ms. Melson-Williams clarified that, to her understanding, the property currently relies on a septic system and a well, with concerns about the viability of continuing to use one or both. Responding to Dr. Sudler, Ms. Melson-Williams noted that during the Planning Commission meeting held on September 16, 2024, a public hearing was conducted regarding the annexation and rezoning request. However, no members of the public chose to speak either in favor of or against the proposal. Responding to Ms. Arndt, Ms. Melson-Williams pointed out that Acorn Lane has a “sawtooth” pattern throughout the corridor. The police chief would need to speak to emergency responses on behalf of the police departments due to the portions of the property being outside the city. She mentioned that Acorn Lane is a state-maintained road and already has some infrastructure in place. Mr. Anderson declared the Public Hearing opened at 7:56 p.m. There being no one present wishing to speak during the public hearing, Council President Anderson declared the Public Hearing closed at 7:56 p.m. Mr. Neil made a motion to adopt the Annexation Resolution #2024-14, seconded by Mr. Hare, and carried unanimously by a roll call vote. FINAL READING PROPOSED ORDINANCE #2024-28 – AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 139 ACORN LANE. Mr. Rocha moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Ms. Arndt, and unanimously carried. (The First Reading of the proposed ordinance was accomplished during the Council Meeting of August 12, 2024.) The City Clerk read the following Ordinance into the record as follows: ORDINANCE #2024-28 – AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 139 ACORN LANE. By motion of Mr. Neil, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote adopted Ordinance #2024-28 as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 139 ACORN LANE. 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 Page 15

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 8 of property described below from RS-1 (Residential Single Family Zone) to R-10 (One Family Residence Zone). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from RS-1 (Residential Single Family Zone) to R-10 (One Family Residence Zone) on that property located at 139 Acorn Lane, consisting of 14,494+/- S.F. owned by Byler Investments, LLC. ADOPTED: October 14, 2024 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 23, 2024 The Minutes of the Regular Council Meeting of September 23, 2024, were unanimously approved by motion of Mr. Neil, seconded by Ms. Arndt, and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT OF – SEPTEMBER 24, 2024 The Council Committee of the Whole met on September 24, 2024, at 6:01 p.m. with Council President Anderson presiding. Members of Council present were Mr. Boggerty, Mr. Hare, Mr. Neil, Mr. Lewis, and Mr. Rocha. Ms. Arndt, Dr. Pillsbury, and Dr. Sudler were absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Dr. Jackson-Short, (Safety Advisory and Transportation), Mr. Wilson (Utility), Mr. Garfinkel, and Mr. Shevock (Legislative, Finance, and Administration). Ms. Smack (Safety Advisory and Transportation), and Mr. Iriowen (Utility) were absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Mr. EShed Alston, 406 Arnold Court, proposed that the city sponsor or host debates during this election year, which occurs every four years. He emphasized that these debates would provide a valuable opportunity for the community to learn more about the candidates from both the Republican and Democratic parties. Given Delaware’s status as the first state, Mr. Alston expressed that there is a civic obligation to educate those unfamiliar with the electoral process. He volunteered to participate in the initiative, describing it as an important learning experience and beneficial civic exercise for the entire community. Page 16

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 9 SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Boggerty presiding. Adoption of Agenda Mr. Rocha moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Debriefing - Post-Mortem on the Phish Music Festival (Kay Sass, Emergency Management Coordinator, Jim Hosfelt, Dover Motor Speedway, and City of Dover Fire Marshal’s Office) Ms. Kay Sass, Emergency Management Coordinator, and Mr. Jim Hosfelt, Dover Motor Speedway, debriefed the Post-Mortem of the Phish Music Festival. Mr. Jason Osika, City of Dover Fire Marshal and Chief Johnson were present for questions. Committee Action was not required. Mr. Neil emphasized the importance of the Dover/Kent County Metropolitan Planning Organization (MPO) taking a serious look at the traffic and infrastructure issues concerning the entrance from Leipsic Road off Route 13, extending through Persimmon Tree Lane, and down to Route 9. He raised the concern due to the new apartments being constructed at the corner of Leipsic Road and Route 13. Mr. Neil emphasized the importance of maintaining the efficiency of the current system, which is built on the expertise of its people rather than its buildings or infrastructure. He believes this is essential to Dover's continued success in attracting and hosting major events, which provide significant value to the city. Responding to Mr. Lewis, Ms. Sass acknowledged that concerns were raised during their briefing regarding the use of certain drugs and the resulting behaviors. She emphasized that one of the key preventative measures for mitigating hazards was controlling and limiting the number of drugs that are entering the community. Ms. Sass noted that the Dover Police Department had already taken steps in this regard to address the issue effectively. Responding to Mr. Anderson, Ms. Sass stated that the estimated attendance for each day was roughly 32,000 people. Mayor Christiansen wanted to thank everyone who was involved in making Phish a success. He highlighted how the events hosted by Dover Motor Speedway have contributed to the city’s growth, bringing in significant revenues and attracting visitors who get to experience the beauty of Dover. Responding to Mr. Neil, Mayor Christiansen acknowledged his concerns regarding the implementation of a fire lien to facilitate easier exits for residents in Page 17

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 10 his community and along Persimmon Tree Lane, allowing them to avoid the detour through Route 13. He assured Mr. Neil that the Dover/Kent County Metropolitan Planning Organization (MPO) would be conducting a study to address the traffic conditions, which would include Leipsic Road and Persimmon Tree Lane. The goal of the study is to improve the egress and access the way it should be. Responding to Dr. Jackson, Ms. Sass stated that she did not have the revenue numbers. She had spoken with a few people, as far as hotels, and they did not have a ballpark figure yet to be able to determine the revenue that was brought to the city. Mr. Boggerty moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 6:27 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Neil presiding. Adoption of Agenda Mr. Rocha moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. Evaluation of Bids – Electric System Study (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the Electric System Study. Staff recommended awarding the contract to Kinectrics AES. Responding to Mr. Lewis, Mr. Waddell stated that the city had not used the company Kinectrics AES. Responding to Mr. Lewis, Mr. Waddell stated that they have reached out to other municipalities. They were timely with their communication and accurate with their deliverables. He noted that when he reached out to the municipalities, one municipality that he reached out to was Sacramento Municipal Utility. They are one of the largest municipalities in the country and they have put the company Kinectrics AES on a five (5) year program. Responding to Mr. Lewis, Mr. Waddell stated that the references that he reached out to were provided by the company, there were no references for the State of Delaware. Responding to Mr. Lewis, Mr. Waddell stated that the company has been utilized in other states, such as Maryland and Illinois, but not for the State of Delaware. Page 18

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 11 Responding to Mr. Lewis, Mr. Waddell stated that if they were unable to provide the models and information, they would need to come to Delaware to perform the work. He explained that much of the work could be done remotely from their office using modeling software. However, if in-person data collection is required, they would make arrangements to visit the city to gather the necessary information. Mr. Hare moved to recommend accepting the staff recommendation. The motion was seconded by Mr. Rocha and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Ms. Arndt and carried by a unanimous roll call vote. Mr. Neil moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 6:33 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. Discussion – Recreational Marijuana Land Uses, Related Zoning Regulations, and Review of the Marijuana Regulations Survey (David S. Hugg, III, City Manager and Ann Marie Townshend, Rossi Group) Mr. David Hugg, III, City Manager, and Ms. Ann Marie Townshend, Rossi Group reviewed the Recreational Marijuana Land Uses, Related Zoning Regulations, and Review of the Marijuana Regulations Survey. Committee Action was not required. Responding to Mr. Boggerty, Ms. Townshend believed that they were not phasing out medical facilities. She indicated that the expectation is for all facilities to apply for a recreational license, as the demand for recreational marijuana might lead to a few individuals visiting strictly medical facilities. Ms. Townshend noted that medical marijuana is not subject to the 15% tax, making it less expensive for those with a medical card. Additionally, individuals under 21 with a medical card would still be unable to purchase recreational marijuana, highlighting the necessity of maintaining the medical program. She mentioned that the issue has been referred to the office of the Marijuana Commissioner for further consideration. Responding to Mr. Boggerty, Ms. Townshend explained that there are multiple ways to manage the number of marijuana retail stores. The current draft ordinance Page 19

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 12 stipulates that recreational retail stores must be at least a mile apart from one another. She clarified that this approach is intended to allow for a natural cap on the number of stores. She acknowledged that a specific number of marijuana stores could be established but expressed concern about the practicality of this approach. For example, if there are three stores and four applicants seeking licenses, how would the city differentiate between them? This is why she favors a natural capping method while emphasizing that the final decision ultimately rests with the city. Mr. Hugg stated that the state will issue only 30 recreational marijuana retail licenses, meaning the process will involve a lottery. This significantly limits the likelihood of any one area having more than a couple of stores. He noted that Kent County has essentially allowed businesses to operate anywhere, which could lead to marijuana retail locations in various places, such as Rodney Village, Cheswold, or along Route 8. He explained that if a business won the lottery and was allowed to proceed, they could potentially establish one of the retail locations within the City of Dover, but outside the city limits. Mr. Hugg also mentioned that it would be feasible to set up a cap of one or two marijuana stores, acknowledging that while there might be a chance of not receiving any licenses, it is unlikely that any location would have more than one or two stores. Responding to Mr. Rocha, Ms. Townshend clarified that when imposing distance requirements, the measurements would be taken as the “crow flies.” She explained that the current draft of the ordinance specifies that the distance for marijuana facilities would be measured from the building footprint of the facility itself. However, for schools, the buffer distance would be calculated from the parcel boundary of the school, rather than from the building footprint. Responding to Mr. Rocha, Ms. Townshend noted that the distance from the school’s parcel boundary did not meet the 500-foot requirement, raising concerns about proximity to residential areas. She pointed out that the R-20 zoning district is adjacent to the shopping center to the south and a daycare as well. The draft amendment includes an exemption from the distancing requirement for a conversion license. Responding to Mr. Rocha, Ms. Townshend explained that the ordinance already stipulates that odors from cultivation must be non-detectable from outside the building. She noted that odor was one of the big concerns that came from the survey. However, she acknowledged that they cannot control the smell of someone smoking marijuana outside on their back porch. The ordinance requires all marijuana cultivation facilities to install the odor control technology necessary to ensure that no odor from cannabis products can be detected outside the building, on adjacent properties, in public rights of way, or within any other unit located in the same building. She clarified that while the ordinance sets the standard, it does not specify the technology required to achieve it. The language was adapted from regulations in a neighboring jurisdiction in Maryland that has experienced issues with odor control. Page 20

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 13 Mr. Lewis noted that the state statute regarding odor and filtering is very stringent and suggested that Ms. Townshend consider including those requirements in the city ordinance. He estimated that the cost of proper ventilation could be around $100,000. Responding to Mr. Lewis, Ms. Townshend acknowledged his point, agreeing that having the requirements in the city ordinance would empower code enforcement staff to enforce them directly, rather than having to refer to state regulations. She pointed out that referring issues to the state can sometimes delay enforcement. Ms. Townshend emphasized that having city regulations in place can complement state regulations, ensuring a more efficient enforcement process. Mr. Hare commented that he would not oppose the issuance of a retail license if it were obtained, but he emphasized the urgency of making a decision due to the costs associated with applying for a retail license, which he noted is non- refundable. He expressed his belief that it is unfair to require individuals to apply without a clear decision in place. Furthermore, Mr. Hare stated that he does not support having a retail marijuana business in the Downtown Dover Business District. Responding to Mr. Anderson, Ms. Townshend explained that Amendment #2 was specifically written to accommodate existing organizations. She clarified that a date of January 1st was included in the draft ordinance to ensure that any businesses trying to be grandfathered in would have a clear cut-off date. She noted that Best Buds is the only facility that has been operational prior to January 1st. Responding to Mr. Anderson, Mr. Osika stated that he was not aware of any complaints from Best Buds. He is unsure on the code enforcement side, but he has not heard anything. Responding to Mr. Anderson, Mr. Hugg stated that his office has not heard of any regarding Best Buds. Responding to Mr. Anderson, Ms. Townshend stated that the state office of the Marijuana Commissioner has not had any issues with Best Buds. She noted that keeping the license is strictly regulated. Mr. Anderson made a motion to adopt the draft Amendment #2 into the draft ordinance. Responding to Mr. Anderson, Mr. Rocha stated that they did not need to take action tonight considering that Dr. Sudler, Ms. Arndt, and Dr. Pillsbury were not present. He does not feel comfortable with taking action. Responding to Mr. Rocha, Mr. Anderson stated that he would like to move forward to include the draft Amendment #2 to provide certainty for the business. Page 21

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 14 He clarified that he would not be moving forward to release the ordinance at this time. Mr. Anderson made a motion to incorporate the language of draft Amendment #2 into the draft ordinance. 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 Ms. Arndt and carried by a unanimous roll call vote. Responding to Mr. Garfinkel, Ms. Townshend explained that Best Buds and other marijuana businesses do not enter the Federal Reserve System to conduct their operations. She highlighted two key points: the business operates largely in cash, and the state has passed a statute allowing local banks, which are not under federal oversight, to provide banking services to these businesses. Responding to Mr. Hugg, Mr. Garfinkel stated that changing marijuana’s classification from Level 1 to Level 3 would require an act of Congress, which would enable its use within the Federal Banking System. Mr. Hugg noted that, to his understanding, there is legislation pending aimed at decriminalizing marijuana, which is why the industry currently operates as an all-cash business with no ability to process credit card transactions. Responding to Mr. Garfinkel, Ms. Townshend explained that the stringent security regulations are partly due to state requirements, which impose strict rules on tracking every piece of product. She emphasized that the security measures also minimize risk, noting that Best Buds has cameras installed both inside and outside the facility. No one can be in any part of the facility without being monitored by the cameras. Mr. Garfinkel is concerned more with money laundering than about robberies. Mr. Erik Czerwinski, 34 Maple Lane, is concerned about the unintended consequences of marijuana legalization and its sale, particularly highlighting issues along Route 13. He links the increased crime, drug usage, and homelessness in the area to the presence of marijuana shops. He stated that discussions had taken place regarding tax revenue and the advantages of maintaining the current approach, as all the revenue being generated was directed toward law enforcement and drug prevention efforts. Additionally, Mr. Czerwinski brought up the impact of marijuana on the black market, which he claims has grown due to the high cost and taxes on legal marijuana. He raises concerns that black market marijuana is cheaper and potentially more dangerous, as it may be laced with fentanyl. He also highlights the effect on local retail stores, particularly big box stores that are reluctant to operate near marijuana stores. Mr. Czerwinski encouraged a ban on marijuana in the city, pointing out that other towns in Delaware have already done so. He also criticized the reduction in distance requirements between marijuana dispensaries and schools or Page 22

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 15 residential areas, arguing that this would imply the city is not an appropriate location for marijuana sales. Ms. Cindy Christiansen, 714 Carol Street, would like to know the negatives since they are always hearing about the positives of marijuana. Ms. Christiansen expressed frustration that the presentation from the Rossi Group failed to highlight any negatives, especially when tax money was spent on such a study. It seemed to focus solely on the positives of marijuana sales. She emphasized her frustration with allowing corporations to openly sell marijuana near sensitive locations, such as daycares and schools, like Town Pointe Elementary, regardless of whether the legal distance is 500 or 1,000 feet. She feels that even these distances are too close. As a resident of Dover, Ms. Christiansen was concerned about the image the city presents particularly as it aims to attract tourists and businesses. She highlighted that other nearby towns, such as Dewey Beach, Rehoboth, Millsboro, and Fenwick have rejected marijuana sales because the community does not want it. Ms. Christiansen noted that the absence of any negative findings in the Rossi Group’s presentation is troubling, especially given the time and resources dedicated to its development. Mr. Aaron Epstein, 516 Jeff Avenue, Chief Operating Officer of CannTech Research, operating as Best Buds, expressed concerns regarding the future of the business in Dover. Best Buds has been a provider of medical cannabis for residents and patients, serving about 2,500 individuals over the past two years. Mr. Epstein highlighted the potential threat to the business if they are not grandfathered in under new regulations, which would allow them to continue operating. Without this allowance, they could face closure, as their current operations are not sustainable as a medical-only facility, incurring significant financial loss. Best Buds prides itself on being one of the only two unionized cannabis shops in the state, offering staff members benefits, livable wages, and paid time off. Additionally, they have had no incidents of diversion or violence at their facility, a fact confirmed by the local police, who reported no notable issues at the site. Their comprehensive security measures, based largely on their hiring practices, contribute to this success. Mr. Epstein argued that the ban on cannabis would penalize those who lack transportation and rely on local access to cannabis products. He emphasized that the legalization of cannabis in Delaware was, in part, to address racial disparities and that prohibition disproportionately affects disadvantaged communities. He clarified that 50% of their sales are conducted by debit, with the other half in cash, as credit card companies are prohibited from processing cannabis transactions. He explained that they are in regulatory limbo, having applied for a conversion license that hinges on the city’s zoning approval. Without this approval, they are unable to move forward. Mr. Epstein urged the city council not to ban cannabis sales, as doing so would undermine the very communities the law was intended to help. Ms. Jean Dowding, 73 Greentree Lane, expressed concerns about the potential presence of marijuana businesses in Downtown Dover, particularly near small businesses. Representing these businesses, Ms. Dowding emphasized the Page 23

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 16 importance of buffer zones and urged the council to reconsider allowing recreational marijuana sales in the downtown area. The survey indicated that a majority of people supported the establishment of buffer zones to keep marijuana businesses away from certain areas. Ms. Dowding pointed out that recreational marijuana is still new to the community, and there may be challenges ahead. One of her concerns is the difficulty small business owners may face in determining whether their employees are under the influence after lunch breaks. She urged the council to avoid placing marijuana businesses near sensitive areas like daycare centers and schools, as highlighted by the survey results. Sale and Disposition of Excess Real Property – 423 Collins Drive (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the sale and disposition of 423 Collins Drive. Staff recommended approving the sale/donation to Central Delaware Habitat for Humanity. Responding to Mr. Rocha, Mr. Hugg stated that there was a decision from council, but his recommendation was to recover from Habitat for Humanity the $19,000 that they originally paid for and let them claim the rest of it as a donation. Responding to Mr. Neil, Mr. Hugg stated that there would be no more mowing and he would be saving money. The sale of the property would be $19,000 and it would return to the tax rolls. It would be a taxable property. Mr. Neil moved to recommend accepting the staff recommendation. The motion was seconded by Mr. Hare. Responding to Mr. Lewis, Mr. Hugg stated there are no liens and the property is appraised at $39,200. Responding to Mr. Lewis, Mr. Hugg stated that there is $19,000 in the property and has been maintaining the property since it was bought in 2014. One estimate that he received was that it would cost them $1,700 for mowing and maintenance of the property. Responding to Mr. Lewis, Mr. Hugg stated he was not aware of any parcels that were donated to Habitat for Humanity within the past year. He noted that they have made donations to Habitat for Humanity, but he was not sure specifically when or where. Responding to Mr. Garfinkel, Mr. Hugg stated that Habitat for Humanity made an offer for $24,000 and he recommended that they recoup the original capital investment that was made. Habitat for Humanity did not ask for a discount. It was council’s decision to decide to accept the $19,000 offer. Mr. Garfinkel believed that the taxpayers would want them to accept the higher offer. He does not understand why they are doing counteroffers when there is no counteroffer. Page 24

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 17 Mr. Garfinkel is unsure of what the process would be, but he would like to see the amendment changed so it would be $24,000. Mr. Neil explained that the transformation of the city is largely due to the efforts of Habitat for Humanity. Habitat for Humanity has been significant, particularly in fostering equity and arranging loans to help people become homeowners. He emphasized that the small financial investment required is far less important than having someone who genuinely cares about the property, rather than being sold to someone who would simply rent it out. He believes one of the city’s challenges is the lack of property owners who live within the city and have a personal stake in the well-being of their homes and neighborhoods. The financial amount involved in the process is minimal compared to the benefits of having a dedicated homeowner, who will care for the property and community, rather than seeing it as a business opportunity for renting. Mr. Neil shared that he regularly attends meetings and welcomes new families moving into the Fourth District, and occasionally in other areas. He supports the lower amount for the property, arguing that it is a small difference compared to the value of having individuals who will care for the safety and upkeep of their homes and communities. Mr. Hare stated that he agreed with Mr. Neil. If it was a contractor trying to buy the property to build, maybe then they should hold out and get more money. He explained that Habitat for Humanity is a good organization that does good for people in need and helps people who can get affordable housing. Mr. Garfinkle stated that he does not understand why they are always bidding against themselves and giving things away when they do not have to. Mr. Garfinkel moved to amend the motion to sell the property for $24,000. The motion was seconded by Mr. Anderson and carried by a roll call vote of seven (7) yes (Boggerty, Rocha, Lewis, Anderson, Shevock, Garfinkel), two (2) no (Hare and Neil), and three (3) absent (Pillsbury, Arndt, Sudler). By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Ms. Arndt and carried by a unanimous roll call vote. Sale and Disposition of Excess Real Property – Adjacent to 600 Forest Street – Parcel ID: ED-05-076.12-02-75.00 (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the sale and disposition of 600 Forest Street. Staff recommended approving the sale of surplus to the adjacent property owner. Mr. Hare moved to recommend accepting the staff recommendation for the sale of 600 Forest Street for the amount of $54,600. The motion was seconded by Mr. Lewis and unanimously carried. Page 25

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 18 By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Ms. Arndt and carried by a unanimous roll call vote. Discussion – Update on the State Pension (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the update on the State Pension. Committee Action was not required. Responding to Mr. Shevock, Mr. Hugg stated that they honestly do not know the exact number of people wanting to participate. There are about 200 employees outside of the Police Department, including those already in the city’s existing pension plan and others in the 401(k) and 457 plans. He estimated there are around 100 or so who might potentially be interested in joining the state plan. One factor that complicates this is its longstanding proposal that the city does not buy back employees' previous service time. However, there are options available where new participants could choose to buy in some of their time themselves. They need to ensure that employees fully understand these options before making any decisions, so gathering more information and clarifying these choices is essential. Mr. Hugg stated that if an employee is in the existing city pension plan, they are not eligible to join the state pension plan. However, if they are in one of the Roth- based plans, such as the 401(a) or 457 plans, they may or may not be eligible. For employees in the Police or Fire Department, they are already covered by the state's public safety pension plan. So, when the city breaks it down, that leaves them with around 109 eligible employees, as 77 are not eligible. Most of those who are not in the police plan are in the Mission Square 457 plan, and there are also significant numbers in the 401(a) plan. Employees in these plans could continue with them if they joined the state pension plan, but the city would no longer provide the matching contribution. That is why it is crucial they clearly explain all of this and gauge employees' interest before moving forward. Responding to Mr. Hugg, Mr. Hare stated that it has been a long time, and his position is that they need to take action. Assign someone to this and have an answer within 30 days. If employees want to join the plan, they should either allow them to do so this week or send out a notice to all employees stating that if they do not hear from them within two weeks, they will not be enrolled. They need to do something because it is not fair to those who want to join the plan but are not being given the opportunity Responding to Mr. Hare, Mr. Hugg stated that he agrees with the idea, but he does think that they need more public education on what the plan entails. Responding to Mr. Hugg, Mr. Hare stated that they have had a year to get public education. Responding to Mr. Hare, Mr. Hugg stated that they have not received it yet. Page 26

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 19 Responding to Mr. Hugg, Mr. Hare stated that they should take action and have an updated report within 30 days so they can move forward. It is simply not fair to the employees to keep delaying this. Mr. Hare noted that if Mr. Hugg does not want to do it, then they should find someone who will. Responding to Mr. Hugg, Mr. Anderson stated that he believes that they need to start moving things forward while continuing the education process. They cannot afford to put everything on hold, as they have a deadline of January 1st, and the resolution needs to be completed before then. They need to ensure that they lay the groundwork that Ms. Poole has outlined. He explained that they had asked all three unions if their employees were interested in the plan, and all had confirmed their interest. Two of them even stated it was a top priority. So, assuming the unions represent their members accurately, he believes that they have enough support to move forward. He agrees with Mr. Hare that they should have a clear picture within 30 days. They must provide proper education since people have legitimate questions. The key factor in whether employees join or not will likely depend on whether they can buy in their previous service time. For example, someone who has worked for 20 years and can buy in time to retire in five years will want to know if that option is available. This has been a major concern among employees, and it is something that they need to address. Furthermore, once this plan is in place, they will be able to advertise the pension in their recruitment efforts without adding future liability to the city. They will continue making the same contributions they already are to the 401(k) and 457 plans, and it could potentially be lower depending on employee choices. If, in 30 days, it turns out that employees change their minds once they see the details, let Council know. Council is not trying to force anyone into anything. However, once the plan is set, please ensure all legal aspects are airtight. They need to make sure that everyone has access to the right information and that no one can come back years from now, claiming they did not know or made the wrong decision. Send the information to employees’ emails, post it on the website, and ensure full transparency. Responding to Mr. Neil, Mr. Hugg stated that contacting union representatives and asking them to circulate this information would be his first step because they have much better contacts. Responding to Mr. Hugg, Mr. Neil suggested reaching out to those who are not represented by the unions also, so that they cover their basis. Responding to Mr. Hugg, Mayor Christiansen also recommends having someone from the city side, perhaps Human Resources, who can explain the benefits clearly, alongside the union leadership. While the unions understand the benefits, it is important to have someone who can provide a balanced view, explaining the pros, cons, and potential challenges of choosing certain pension plans. He believes that is crucial. Page 27

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 20 Responding to Mayor Christiansen, Mr. Hugg stated that it is Human Resources' responsibility to ensure that they reach every employee and, as he mentioned, explain the benefits. A crucial part of the state pension plan involves the provisions related to eligibility, retirement age, and particularly the buy-in options. These are important criteria that need to be clearly communicated. Responding to Mr. Hugg, Mr. Hare emphasized that while he agrees Human Resources should be involved, he believes it is ultimately Mr. Hugg's responsibility to ensure it gets done. If Human Resources is unable to manage this, then it is Mr. Hugg's duty to find someone who can. Jason Osika, 160 Fawn Path Drive, City of Dover Fire Marshal, stated that first, he wanted to thank Council for considering this matter. He knows that they have been supportive, and Council President Anderson, has been particularly proactive regarding this pension issue. Mr. Osika understands how they feel; he is there representing his employees and others as well. This was supposed to be implemented back in January of this year, and here they are, approaching October. There is growing frustration among employees about the delays in getting this done. Mr. Osika stated that he had already noted that recruitment and retention are crucial. This issue is not just about the 199 eligible employees; it is about addressing the vacancies that the city currently has. A better pension plan is an important benefit to offer to potential applicants. Mr. Osika explained that the Fire Department was able to navigate this with a volunteer Fire Chief and has already integrated a new employee into this plan. He has just returned from the Delaware Volunteer Firefighter’s Association’s conference, where the State Pension Office made a complete presentation with three representatives explaining the Firefighter and Police pension options, as well as the 30-year pension with buy-in options. Mr. Osika acknowledges that there is still a lot of work to be done, but the process has dragged on, which is frustrating. One recommendation he has is that they could create an Excel document in about three days. If supervisors list their employees and indicate which plan they are in and whether they are interested, they could gather the necessary information quickly. The city needs to consider all new hires coming in as well. Responding to Mr. Rocha, Mr. Osika stated that he has a copy of the presentation from the conference and that he can provide it to the City Clerk’s Office, and they can send it out to everyone. Additionally, he will get them the contact information for the representative that Chief Carey used. It was a bit easier for him since he handled it for the Newark Fire Department, and he was able to work directly with that representative when the City of Dover hired the new employee in the fire department. This situation is a bit more complex, as existing employees will also want to participate, not just new hires. However, he can get that information to council. Page 28

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 21 Ms. Kay Sass, Public Affairs Emergency Management representative and AFSCME president, wanted to clarify that the unions that she has spoken with are more than willing to assist. However, she does have a concern about distributing the PowerPoint that Jason has provided, which she also possesses. It includes information relevant to both the fire and police sides, and she believed this could be confusing for city staff. Ms. Sass recommends that they contact the State to obtain an updated version that removes any information not relevant to our city employees. This way, they can prevent any potential confusion, and she believes the necessary changes can be made quite easily. Phillip Williams, Customer Service expressed concerns on behalf of his team regarding the establishment of a state pension, which he believes would be highly beneficial. Having been with the city for nine years, he noted that a pension would serve as a significant incentive for him personally. He shared that the team is currently very frustrated and feels overworked due to being short-staffed, leading to a revolving door of employees. Mr. Williams believes that introducing a pension could help attract more candidates to their team. Over the past couple of years, they have experienced an unprecedented number of vacancies within the city. He emphasized the importance of considering the implementation of a state pension to retain current employees and bring in new talent, thereby alleviating the burden on those who are already in the workforce. Mr. Hare moved to have staff provide an updated report at the Council Committee of the Whole Meeting on October 29, 2024, during the Legislative Finance and Administration Committee session. This report should include information on the employees who have been contacted regarding their interest in joining the pension plan, detailing the number of employees who wish to participate and those who do not. 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 Ms. Arndt and carried by a unanimous roll call vote. Sole Vendor Purchase Approval for the VirTra Training System Chief Thomas Johnson, Chief of Police, reviewed the background and analysis regarding the sole vendor purchase approval for the VirTra Training System. Staff recommended approving the sole source vendor purchase for the VirTra Training System. Responding to Mr. Lewis, Chief Johnson explained that the majority of the funding for the VirTra Training System was provided by the State’s Grant in Aid Legislation. The remaining funds would come from the Special Law Enforcement Assistance Fund, and he was able to secure a grant over the summer to help cover Page 29

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 22 costs. Chief Johnson emphasized that all the funding was fully covered by external sources, with no financial burden on the city. Mr. Hare moved to recommend accepting the staff recommendation. 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 Ms. Arndt and carried by a unanimous roll call vote. Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 8:27 p.m. Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 8:27 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Ms. Arndt and carried by a unanimous roll call vote. MONTHLY REPORTS – AUGUST 2024 By motion of Mr. Neil, seconded by Mr. Arndt, the following monthly reports were accepted by consent agenda: City Council’s Community Enhancement Fund Report City Manager’s Report Controller/Treasurer’s Budget Report Fire Chief’s Report Police Chief’s Report APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN Dover Public Library Advisory Commission Shemaine E. Johnson-Moore - Five -Year Term to Expire June 2029 By motion of Mr. Neil, seconded by Mr. Arndt, the Dover Public Library Advisory Commission appointment was accepted by consent agenda. SALE AND DISPOSITION OF EXCESS REAL PROPERTY – 423 COLLINS DRIVE (DAVID S. HUGG III, CITY MANAGER) Mr. Boggerty stated that during a discussion at a recent Town Hall Meeting they would sell some of the properties and use the proceeds to establish a community fund. The fund could be reinvested back into the community in various ways. One suggestion was to allocate the funds to incentivize nonprofit organizations or day workers by offering them a small stipend to assist with cleaning up the area. The initiative could be piloted in partnership with community policing, using a model similar to “adopt a block” or “adopt a street.” There could be an ongoing program where individuals volunteer, contingent on the availability of their funding. Page 30

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 23 Mr. Boggerty moved to amend the recommended motion by adding all proceeds would be earmarked for a community development fund. The motion was seconded by Mr. Hare. Responding to Mr. Lewis, Mr. Boggerty clarified that he was referring to using the proceeds from the sale of the property at 423 Collins Drive to establish a community development fund. He suggested that moving forward, whenever properties from the community are sold, the community should benefit from those sales. It could include reinvesting proceeds into the local area through initiatives such as leases or partnerships, ensuring that the community sees tangible returns. Mr. Anderson explained that the fund and its parameters would be developed by Council in Committee. It was just an earmark at the time, but the idea was to have the opportunity to develop it with everyone’s input. Responding to Mr. Lewis, Mr. Hugg stated that any revenues from properties that are sold go into the general fund. It is simply part of the appropriation that is done each year in the budget. Responding to Mr. Lewis, Ms. Marney stated that the revenues that they receive go into the general fund and help with any short flows in the budgetary process. Responding to Mr. Lewis, Mr. Hugg stated that it should not hurt them if they take the money and decimate it somewhere else when budget time comes. Responding to Mr. Anderson, Mr. Hugg explained that any unexpected revenue from property sales would typically be classified as miscellaneous revenues and be deposited into the general fund. During the budget process, these funds would contribute to the overall fund balances allocated to various budget items. He noted that it is not unusual for municipalities to have dedicated funds, such as a park reserve fund, which is specifically used for park-related purposes that arise from land developments where there is not adequate space for public parks. There are other options in which the funds from property sales, based on selected criteria, could be set aside for future use. Dr. Sudler expressed his support for the conceptual model, emphasizing the opportunity to engage small business contractors in cleanup efforts within the City of Dover. He noted that while these contractors would like to be compensated, the amount does not need to be substantial; rather, it should enable them to secure bids. This approach would allow minority and small business contractors, who often lack Type C insurance, to compete for larger projects by providing them with opportunities to bid on smaller, local initiatives. Dr. Sudler highlighted that this strategy would not only aid in cleaning up the city but also support small businesses, creating a win-win situation for both the community and the contractors. He suggested that allocated funds could be utilized to facilitate this process, allowing small businesses to participate meaningfully in city projects and ensuring they receive a fair opportunity for contracts typically awarded to larger companies. Mr. Boggerty expressed his concerns that the funds are not always guaranteed. He pointed out that there was enthusiasm from local individuals in Dover about the opportunity to participate, but the lack of guaranteed funding could pose an issue. Page 31

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 24 Mr. Neil suggested that the Council establish specific parameters for the allocation and expenditure of funds. For example, they could agree to spend only a portion of the fund if a minimum threshold is met, such as providing $25,000 only if they receive at least $50,000. He emphasized the importance of determining who would receive funds and in what amounts. The key is to secure approval and then hold a Council Committee of the Whole meeting to discuss how to manage the available resources. Responding to Mr. Lewis, Mr. Boggerty stated that yes, they are just using that property as an example because that is their primary focus now, but all areas, such as the Lincoln Park and Stoney Creek Development, there are other areas that it would assist with, it would not be just native to downtown but spread throughout the city to help beautify the city. Responding to Dr. Sudler, Ms. Duca stated that they are collaborating with the police department in the areas of Lincoln Park and Stoney Creek. She mentioned that the police have some ideas in mind to address the concerns and aim to implement them sooner rather than later, assuring that it is on their radar. Dr. Sudler suggested that, since there is already a pole set up near Bertrand Drive, a black camera similar to those on College Road and in other locations should be installed. He noted that this would be a good opportunity to help deter illegal dumping in the area. Responding to Mr. Lewis, Ms. Duca explained that there have been instances in the past where streetlights were shot at, as evidenced by the glass found on the fixtures. This raises concerns about potential damage to cameras, particularly the surveillance cameras identified for use in the area. She noted specific concerns from DNREC and similar agencies regarding the loaning of their cameras due to the risk of damage. Ms. Duca indicated that they are collaborating with the police department on an enforcement grant. This grant would facilitate the acquisition of cameras similar to those already deployed in the field, providing a more permanent solution for the area. She mentioned that there are several cameras located throughout the city. Police Chief Johnson stated that they have been examining the problem for some time. He mentioned that when a new grant opportunity was announced in the email thread, they realized they had some flexibility with an existing grant they already possessed. In addition to the Burn grant and the JAG grant, they are working to find space in their current grant award to add camera capabilities in the areas being discussed, as well as other locations. Chief Johnson noted that there are longer-term plans that would involve better infrastructure to provide wider visibility. Unfortunately, it is a waiting game for the contractor with the expertise needed to integrate into the fiber system. This process is more complex than simply splicing and attaching components. He emphasized that they are making slow and steady progress and may have an upcoming meeting to explore tapping into an existing program. Mr. Rocha suggested connecting with the Dover Housing Authority to explore potential synergies, particularly in light of the mention of Lincoln Park. He proposed that, in cases of evictions or residents moving out, increased monitoring should be implemented as they exit the premises. Additionally, Mr. Rocha recommended providing a dumpster during these transitions Page 32

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 25 to facilitate the disposal of unwanted items. He emphasized the importance of discussing available resources with the Housing Authority to ensure a coordinated approach. Mr. Anderson stated that the Dover Housing Authority has been very cooperative with them regarding cleanup. He noted that much of the debris appears to be dumped from out of town. He added that implementing the proposed measures could help eliminate one potential source of the issue. Dr. Sudler expressed concerns regarding safety issues stemming from individuals placing beds and flammable items in the area. He emphasized that even something as simple as lighting a match or smoking a cigarette nearby could ignite a fire. Dr. Sudler clarified that his focus was not only on environmental pollution but also on the significant fire hazard this situation presents. Responding to Dr. Sudler, Chief Carey reported that early in the morning, there was a suspicious fire on the highway that the fire marshal’s office is currently investigating. He indicated that the fire likely originated from the trash that had accumulated along the fence. Chief Carey emphasized that this poses a potential hazard throughout the city, particularly in areas prone to illegal dumping. Dr. Sudler emphasized the importance of prioritizing the installation of cameras in areas where illegal dumping occurs. He advocated for placing one of the black cameras in these locations to provide relief to the community. Dr. Sudler noted that if a camera can be installed on College Road, then similar measures should be taken in areas experiencing dumping. He highlighted that residents want to take pride in their community and that, as representatives, they must ensure that community resources are utilized effectively, enabling residents to live in a clean and safe environment. Mr. Hare made a motion to approve the sale as amended, seconded by Mr. Rocha. Responding to Mr. Lewis, Mr. Anderson clarified that the property was being sold for $24,000 from the vote at the Committee of the Whole Meeting on September 24, 2024. Mr. Hare made a motion to approve the sale as amended. Mr. Rocha seconded the motion and carried by a unanimous roll call vote. APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN ETHICS COMMISSION Dr. Samuel B. Hoff – to fill the unexpired term of Jonathan Sadlowski – term to expire July 31, 2026. Dr. Sudler made a motion to adopt the appointment of Dr. Samuel Hoff to the Ethics Commission, seconded by Mr. Hare, and carried by a unanimous roll call vote. CITY MANAGER'S ANNOUNCEMENTS Mr. Hugg wanted to recognize Tim Bailey from the Central Delaware Habitat for Humanity. He acknowledged that they have been working closely with Habitat for Humanity for several years, Page 33

Item #6. CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 26 trying to identify properties that fit within their mission. Mr. Hugg commended the remarkable work Habitat for Humanity has accomplished in the city and expressed his appreciation for their efforts. MAYOR’S ANNOUNCEMENTS Mayor Christiansen had no announcements. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Boggerty recognized Mr. Wolfgang and his staff at the City of Dover Warehouse. They were down to 30,000 test kits left and they gave 10,000 test kits to the YWCA for their work throughout the state last week. Mr. Anderson announced that the council meeting scheduled for November 11, 2024, would be canceled in observance of Veteran’s Day. He also noted that the Committee of the Whole meeting would take place the following day, November 12, 2024, if there were items on the agenda. The meeting adjourned at 8:25 p.m. ANDRIA L. BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by the City Council during their Regular Meeting of October 14, 2024, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB Page 34

Item #7. Economic Development Committee Meeting Minutes November 14, 2023 The Economic Development Committee Meeting was held in person and by video conference on November 14, 2023, at 4:00pm with Mayor Robin R. Christiansen presiding. Committee Members present in person or via video were Mayor Robin R. Christiansen, Councilman David Anderson, City Manager Dave Hugg, Kim Adams and Diane Laird. The guest present was Michael Glick of Lighthouse Construction. Absent was Councilman Andre Boggerty and Clay Hammond. The public present in person or via video was Todd Stonesifer of Downtown Dover Partnership, Ken Anderson of Downtown Dover Partnership, Donny Legans of Rail Haus, Tina Bradbury of Downtown Dover Partnership, Marilyn Smith of Kent County MPO, Tom Kramedas of Axia Hotel Group, and Dr. Dina Vendetti of Central Delaware Chamber of Commerce. Staff members present were Dawn Melson Williams, Yvonne Martine, and Brandy Ridgeway. WELCOME The meeting will be called to order at this time with a quorum. Councilman Anderson moved to approve the agenda. Seconded by Diane Laird. Agenda stands adopted as presented. Adoption of the Minutes from the Economic Development Committee meeting on May 9, 2023. Moved by Diane Laird. Seconded by Councilman Anderson. Motion is carried and the minutes have been adopted. LGPI VA LLC – Redevelopment of the Old Dover Post Office presentation by Michael Glick (President of Lighthouse Construction, Inc) Mike Glick reviewed the presentation entitled “Old Post Presentation” Exhibit #1. Responding to Council President Anderson, Mr. Glick stated that they are studying a combination of 1-bedroom and 2-bedroom apartments which is one of things they are reviewing right now in the market as far as what is the right fit. Part of our due diligence will be surveying the existing structure as well to see if they can potentially get two stories in the existing structure which would make some neat loft apartments. Again, they are in the early stages of that and evaluating all options. Responding to Council President Anderson, Mr. Glick stated that their goal is to keep as much of the existing structure as possible. Right now, the concept plan is for just the loading dock area to be removed. Page 35

Item #7. Responding to Council President Anderson, Mr. Glick stated that timewise is 4 – 6 months they plan to submit to the Historical Society which would be the first step and then from there that kicks off 4- 6 months of approvals through the City of Dover and outside agencies so they can potentially put a shovel in the ground by the end of 2024. Responding to Todd Stonesifer regarding parking spaces, Mr. Glick stated that they plan to match the apartment count. Responding to Diane Laird, Mr. Glick stated that the rooftop terrace amenities is for private access for the units above. In addition, they are considering retail or restaurant for the first floor. Responding to Ken Anderson, Mr. Glick stated that he doesn’t know if there is any desire to mimic the outside architecture of 120 S. Governors Avenue. They felt strongly that this building and the history is very important to the City of Dover, but they want it to stand alone but not stand out and carry forward what it always has been. Downtown Dover Partnership – Status on Grant Money and Economic Development Projects presentation by Diane Laird (Director of Downtown Dover Partnership) Diane Laird reviewed the presentation entitled “DDP Presentation – Downtown Dover Master Plan Implementation” Exhibit #2. Additional speakers during the presentation were Donny Legans of Rail Haus, Marilyn Smith of Kent County MPO, Ken Anderson of DDP, Dave Hugg of City of Dover and Tina Bradbury of DDP. Responding to Council President Anderson, Tina Bradbury created a boundary that they submitted so the boundary will encompass the former bid districts and downtown development district to get the best available sites. They have had success already with the Inner-City Cultural League which has been a wonderful brownfield remediation site and now houses a wonderful program for our youth as well as the property behind Inner Faith. Responding to Council President Anderson, Ms. Bradbury stated that there is state funding available for properties that they don’t currently own. If they don’t own the property, they can get state funding and enter into an MOU to be able to access state funds first and then federal funds which gives better maximization of the funding available. Federal funding can be used for properties that the own and properties that they are looking to acquire. Diane Laird stated that they are lucky to have Tina who has already done a number of these remediations and grants. They are in need of these services and this funding. The million dollars is just the start there are many millions after we spend 50% of the first million so we are positioning very well, and we can act as the liaison with those that own property or those that don’t and develop MOU’s and really move things along and that is a lot of money. Also want to mention that Todd is probably the only unpaid member of our team that spends as much time on this kind of stuff as we do. We’d be happy to come back in a few months and report on some of the progress because things are starting to move quickly. Responding to Mayor Christiansen Tom Kramedas is excited about the post office project and hopefully that is the beginning and hope to do some more. Mayor, Mr. Hugg, and Mr. Anderson, thank you. Page 36

Item #7. ANNOUNCEMENTS Mayor Christiansen stated that the Home for the Holidays Celebration will be in front of City Hall at 5:00pm on the 30th of November assisted by the great folks of the Central Delaware Chamber of Commerce. Cristal Brenneman, city staff, Mayor Christiansen and others have put this together. Once again this will showcase downtown. And my daughter is coordinating our Dashing Through Dover (Electric Light) Parade on the 16ht of December at 6:00pm so it’s going to be a great event. And I want to say one last thing before I announce the next meeting: I have those little buttons that say, “I believe in Dover” and judging by the folks and projects that we have coming along I know that you all believe in Dover too. Tina Bradbury added that December 9, the Dover Police Department, Habitat for Humanity, Neighborgood Partners/Restoring Central Dover are hosting the Hometown Holidays on Legislative Mall from 12:00pm – 4:00pm. NEXT MEETING DATE January 9, 2024, at 4:00pm ADJOURNMENT Mayor Robin R. Christiansen made a motion to adjourn the meeting and has been moved and seconded by Diane Laird. Mayor Christiansen called the meeting adjourned at 5:00pm. Exhibits Exhibit #1 – Old Post Presentation (Mike Glick, President of Lighthouse Construction, Inc.) Exhibit #2 – DDP Presentation – Downtown Dover Master Plan Implementation (Diane Laird, Downtown Dover Development Director) Page 37

EXHIBIT #1 Item #7. THE OLD POST An Adaptive Reuse Mixed Use Development 55 E. Loockerman St | Dover, De Page 38

EXHIBIT #1 Item #7. TEAM ORGANIZATION THE OLD POST THE OLD POST Development Team Axia Hotel Group F.A.D. Management Lighthouse Construction, Inc. Thomas Kramedas Francis DiMondi G. Michael Glick President President President Page 39 TEAM ORGANIZATION 2

EXHIBIT #1 Item #7. THE LOCAL INVESTMENT OLD POST Page 40 TEAM ORGANIZATION 3

EXHIBIT #1 Item #7. PROPOSED DEVELOPMENT THE OLD POST (2) 2,500 SF RETAIL UNITS 30 APARTMENT UNITS 2,000 SF BUSINESS Intersection Loockerman St & Legislative Ave Page 41 PROPOSED DEVELOPMENT 4

EXHIBIT #1 Item #7. THE Loft Apartments OLD POST Retail Parking Common Loft Apartments Space Retail Courtyard LEVEL 1 LEVEL 3 Loft Apartments Loft Apartments Office Space Balconies LEVEL 2 LEVEL 4 Page 42 PROPOSED DEVELOPMENT 5

EXHIBIT #1 Item #7. THE OLD POST Page 43 PROPOSED DEVELOPMENT 6

EXHIBIT #1 Item #7. THE OLD POST Page 44 PROPOSED DEVELOPMENT 7

EXHIBIT #1 Item #7. THE OLD POST Page 45 PROPOSED DEVELOPMENT 8

EXHIBIT #2 Item #7. City of Dover Economic Development Committee Meeting: Downtown Dover Master Plan Implementation 11-14-23 Diane Laird, DDP Executive Director Ken Anderson, DDP Property Development Director David S. Hugg, III, Dover City Manager Page 46

EXHIBIT #2 Item #7. Transforming Downtown Dover Capital City 2030 DOVER, KENT COUNTY, DELAWARE • Critical Improvements Program • New Businesses • Engaging the Community • Downtown Dover Pathways • Site Readiness & Redevelopment • City of Dover Page 47

EXHIBIT #2 Item #7. Critical Improvements Program • Critical Improvements Program • Coney Island Hot Dog • 215, 221, 225 W. Loockerman • Rail Haus • Funds allocated $1.15M • Leverage: $1 : $5 • Application to relaunch Page 48

EXHIBIT #2 Item #7. Coney Island Hot Dog Doug Ferris, Property Owner Page 49

EXHIBIT #2 Item #7. Multiple properties: 215, 221, 225 W. Loockerman St. Kim Adams, Property Owner • Gingo Xpress grab ‘n go grocery • Eat-in restaurant with new commercial kitchen • Multiple market-rate residential apartments • Expanded offices of Mountain Consulting Page 50

Rail Haus EXHIBIT #2 Item #7. Donny Legans, Co-Owner of Delaware’s first year ‘round beer garden Page 51

EXHIBIT #2 Item #7. Other new businesses… • Key to Life Juice Bar • Uncle Paulie’s Discount Page 52

EXHIBIT #2 Item #7. Other new businesses… • The Hive on Loockerman LLC • Stone Rail Market • The Wedding Boutique (expanded space) Page 53

EXHIBIT #2 Item #7. Engaging the community… www.DowntownDoverPartnership.com Page 54

Downtown Dover Pathways EXHIBIT #2 Item #7. Marilyn Smith, Executive Director Dover Kent MPO Supporting bike travel through a grant from Dover Kent MPO! Page 55

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EXHIBIT #2 Item #7. • Conduct additional focus groups with specific stakeholders • Gather additional data from Public Engagement mapping tool • Develop and analyze alternatives • Public Workshop #2 • Develop final recommendations Page 63

EXHIBIT #2 Item #7. Site Readiness & Redevelopment Ken Anderson DDP Property Development Director • Site-readiness initiatives • Update 120 S. Governor’s Ave redevelopment • MOU to Letter of Agreement • Multi-modal transportation hub Page 64

120 S. Governor’s Avenue concept EXHIBIT #2 Item #7. Page 65

EXHIBIT #2 Item #7. But first… Dave Hugg, III City Manager Application for rezoning to C2 submitted • Three workshops held • December first reading • Target completion: February 2024 Request to extend DDD Boundary by 14 acres submitted to OSPC. • Meeting to review held with OSPC/DSHA • Scheduled for consideration by Cabinet Committee: January Utility easement for drainage and agreement for parking being drafted. Page 66

EXHIBIT #2 Item #7. East End Gateway to the Business District… Dave Hugg, III City Manager • “Old Post” Agreement of sale pending signature (completed negotiations). Page 67

Item #8. COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on October 15, 2024, at 6:00 p.m. with Council President Anderson presiding. Members of Council present were Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr. Lewis (arrived at 6:17 p.m.), Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Dr. Sudler. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Tholstrup, and Mr. Lewis (Parks, Recreation, and Community Enhancement), Mr. Wilson (Utility), Mr. Garfinkel, and Mr. Shevock (Legislative, Finance, and Administration). Mr. Iriowen (Utility) was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. Council Reports – September 2024 First District Dr. Pillsbury had no report to give as she was away attending her granddaughter’s wedding in Europe. Mr. Rocha reported that he responded to a constituent complaint in Bicentennial Village where their driveway backed up to the intersection. Therefore, the stop sign at the intersection is right in front of the house. By state law, a car cannot be parked within 30 feet of the stop sign, which meant they had to move their car back. The city unable to assist did go out and paint the curb back 30 feet in yellow to identify that it is a hazard. He also reported working with Mr. Boggerty to pick up nine hundred COVID-19 test kits to be handed out to daycare centers, homes, and at Senator’s Day. He also spoke with the Dover Colonial Rotary Club, updated them on the downtown Mosaic Plan, and listened to their concerns on their perception of the increased crime activity within the city. He participated in the opening of the Dover Interfaith Mission of Housing Women and Children's Center on Walker Road. He also met with the executive team for the Unsheltered Working Group to finalize the draft plan and PowerPoint presentation to be presented at the October 29, 2024, Legislative, Finance, and Administration Committee meeting. Lastly, he reported that he had been working with Housing and Urban Development to coordinate a federal resource fair for local agencies that work with the homeless that should be scheduled for November 13th at the Dover Christian Church. He stated he would circulate the flyer once it is received. Second District Mr. Hare reported that he and Mr. Lewis both attended the grand opening of the Dover Interfaith Mission of Housing Women and Children’s Center on Walker Road. He also reported that he received a complaint on Lynn Haven Drive of trees that were hanging over some wires and the neighbors were concerned. He explained that Ms. Duca had a team out there the same day and the neighbors were very happy. Mr. Lewis reported that he attended the Delaware State University Homecoming Parade and the grand opening of the Dover Interfaith Mission of Housing Women and Children’s Center on Walker Road. He also stated that on October 27, 2024, he will be assisting with a community Page 68

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 2 Item #8. cleanup held by the Fairy Godsisters of Delaware State University. He stated he would also be coordinating with them to do a cleanup in some neighborhoods in the second district. Third District Mr. Neil reported that he attended a Construction and Property Maintenance Code Board of Appeals meeting on September 11, 2024, a Council President Agenda meeting, and the meeting with Senator Tom Carper at the Garrison Track as a farewell to things he had a hand in taking care of. He also attended the Delaware Municipal Electric Corporation dinner, interviews for a Finance Director, council meetings, and Downtown Dover Partnership meetings. He also attended the Dover Police Department promotions and awards ceremony on September 9, 2024. On October 7, 2024, he attended the Legislative Task Force on Housing. He attended a Zoom meeting that was from the White House regarding the announcement of the lead pipe removal program. He also attended the grand opening of the Dover Interfaith Mission of Housing Women and Children’s Center on Walker Road. He sent out a third district alert on the Know Before Scams regarding emergency relief for hurricanes. He met with a constituent who was cited for parking big gaming buses for kids in Patriot Village. He reported that he spoke with a constituent from East Lake who felt she was being treated unfairly with the new stormwater charge. He explained that an Enterprise Fund was created rather than increasing the tax rate, which would have been much higher. He continued exchanges with constituent complaints on a rental property at 307 North Governors Ave. He also received a complaint for the lack of lighting at a spot on Townsend Boulevard after lines were buried in the area. He assisted a Wild Meadows resident, who had a disability, in securing a mailbox at their door instead of using a community mail site. He passed on thanks to staff from a constituent concerning the new pavement on Bradford and State Street. He also addressed a constituent concern about how far north cameras would go as a part of the Downtown Master Plan. Ms. Arndt had nothing additional to add. Fourth District Dr. Sudler reported that he participated on September 29, 2024, in a fish fry to benefit veterans at the Delaware Veterans Post 2 located on Pear Street. He met with Bishop Lott to discuss some of the loitering and litter issues that are happening in the community and the possibility of conducting a community welfare day. He met with Pastor Lomax to discuss the ongoing issues regarding individuals loitering on New Street in front of her church. He also met with Ms. Haith who resides on Conwell Street to discuss the overgrowth of trees that are impeding the electric wires leading to her home. He attended the mayor’s town hall and met with Ms. Kim Adams to discuss her concerns about being a merchant and their safety. Mr. Anderson reported that they have an overlap of concerns and Dr. Sudler covered them well. He reported that there have been a number of complaints regarding loitering and prostitution. He has had some constituents express interest in a parking permit for handicapped parking. The information is collected for the individual who is requesting the parking, but anybody can park there and the people that it is intended for cannot use it. They feel it would be better to have dedicated parking and pay a permit fee. He reported that they held a town hall meeting which had some positive feedback. One of the concerns from that meeting was trash on Reese Street adjacent to Simon Circle. The city is putting up no dumping signs and code enforcement has been out there a few times. Another concern was speeding on Slaughter Street, the radar sign was not working Page 69

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 3 Item #8. properly so that is in the process of being fixed. Police presence is being increased on Bertrand Drive and Lincoln Street where there have been some issues. At-Large Mr. Boggerty reported that they met with interested individuals at Union Baptist and discussed one of the plans. A temporary name is “Beautify the Capital City Campaign”. The goal is to incentivize individuals and organizations to help clean up the city. He reported that he attended the Senator Carper event, the Dover Interfaith grand opening, and the Delaware Tech ribbon cutting. He reported he has been working with Group Violence Intervention (GVI) and that he received a request from a 55+ community asking how they can assist in resolving some of the youth violence. He spoke to GVI and is trying to connect the two to possibly start a grandparent mentoring program. He reported that he attended the League of Local Governments dinner and challenged the Council President to get them the nice name badges like the other municipalities. He worked with a constituent to resolve a tree issue and met with a business in Wilmington that is interested in moving to Dover. He also stated that he feels like his integrity has been in question for doing his job. He attempted to work with Pastor Lomax for some months. He spoke with the presiding bishop who mentioned that they were thinking about selling. He suggested that they do not sell the business because of all the investments that are going on downtown. The property is of great value. He explained that if he was in his old business world and if it was not a conflict of interest, he would have purchased the property. He stated that he received a text accusing him of attacking the church for his own personal interest, but he has no interest in purchasing that church. He explained that he was encouraging them to do the work, and he has emails to support that. He stated that he told Pastor Lomax to speak with Ms. Rita Paige, Ms. Tracy Palmer, and Bishop Boggerty to show that the community would get behind them. He also suggested that she speak to Harold Stafford to help with the energy efficiency of the building. He stated that his words were twisted, and he has been accused of attacking the church to purchase the building. The church would not fit his church’s needs as the church is growing and he has other interests. He stated that he wanted to help move the needle forward so that the church could become a viable part of the neighborhood, and to do anything he could to help address their issues. He explained that he even tried to address their lien issue when they found out they had a lien on the property. He stated that if the harassment continues, he will be forced to take the appropriate action. Council President Anderson Council President Anderson reported that to better serve the community it is crucial to have access to information in real time. He thanked the City Clerk’s Office for helping develop a council resource page in Teams, that all of council will have access to as a resource. He reminded council that it is not a communication tool because then it would be open to the Freedom of Information Act. He explained that council will be able to pull reports, the budget, and pending ordinances without having to go into the packets. He also reported that Ms. Duca is working on phase two of a project that will help with constituent issues and links to the Geographical Information System (GIS) to allow council to track constituent issues or what type of work is being done on a specific street. Discussion – Dream Association and Field of Dreams Football Program within the City of Dover (La Mar Gunn, Dream Association Founder) Mr. La Mar Gunn, Dream Association Founder, reviewed a letter addressed to the City of Dover, Council Committee of the Whole Meeting (Attachment #1). Page 70

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 4 Item #8. This item was informational, and committee action was not required. Mr. Gunn asked how do kids from New Street or Queen Street realize Dr. King’s dream. He explained that through positive programming that allows opportunities to grow. He stated that he would like to encourage the city to join into a partnership or investment with the Dream Association. Mr. Gunn explained that in one of the first pictures on the screen, the kids are wearing DRIP T- shirts. He explained that he spun one of the famous sayings among school kids into something from a financial literacy standpoint. In their Camp Wall Street program, DRIP stands for the Dividend Reinvestment Program (Attachment #2). Through the football program, they are teaching the kids to not only wear Nike but also to own Nike. All of the kids have investment accounts and attend shareholder meetings. Mr. Gunn explained in order to change the game of football and better support the community he has invested in computers for the helmets that track every single tackle. He invested in 150 helmets with monitors so that if anything happens on the field that is high impact the sensor buzzes. The data tells him where he can better teach a child to keep their head out of the tackle to avoid chronic traumatic encephalopathy (CTE) which benefits them long term. His goal is to track kids from age six all the way up to Dover High School. Mr. Gunn stated that activities for kids after school are crucial, however, many teams around town are using car lights and flashlights. He explained that he has been fortunate enough to rent construction towers so the kids have lights, but he would like to put up stadium lights. He asked that council consider making a small investment in helping to support the youth in the Dover community. Dr. Sudler stated that he is committed and interested in seeing what he can do regarding assisting Mr. Gunn. He explained that there is a huge need, and it is very commendable what he is doing. He thanked Mr. Gunn for the amount of time, energy, and money that he has spent investing in the future generation. Responding to Ms. Arndt, Mr. Gunn stated that he is pursuing grant opportunities but between his business downtown, family, and work on the field, his time is limited, and he is not an expert in grants. Ms. Arndt stated that maybe they could schedule some time to sit down and discuss the details and see what kind of grant opportunities there might be that the city could help him with. Responding to Mr. Boggerty, Mr. Gunn noted that the average cost for a child to participate in football is approximately $750, while involvement in the cheer program averages around $1,500. He explained that ninety percent of the kids cannot afford the fees, so they try to fundraise and work on scholarships, or he will pay out of his own pocket. Responding to Mr. Rocha, Mr. Gunn stated that currently the Field of Dreams is located at 263 Lewis Drive, and that is where most of the sports activities are held. Crossroads Church houses the cheer program, but they are in the process of building their own facility. His office downtown Page 71

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 5 Item #8. is where the homework sessions and Camp Wall Street are held. Also, they have a partnership with Delaware State University to use their training floor to teach the kids financial literacy. Mr. Rocha stated that he would like to join Ms. Arndt in the discussions of partnering together to figure out how they can help him. Mr. Gunn stated that next month, they are going to launch a before-practice homework session on Wednesday nights to help get the kids up to speed on reading and math because many of the kids across the state are underperforming in those areas. Mr. Neil recommended reaching out to the Philadelphia Eagles since Dover is their territory because the program fits into the NFL’s PLAY 60 program. He explained that the Eagles players have numerous community foundations and are contributing funds to help offset the significant expenses involved. Dr. Pillsbury stated that her questions were answered but she will do whatever she can to help. Public Comment Beverly Henry, 101 Babb Drive Apt 3401, Dover, clarified that Sojourners accepted drug addicts, alcoholics, and people finishing a jail sentence. They rehabilitated them and allowed them to stay until they were able to find homes, get their families back, or gain life skills to get back into society and function. She explained that she is willing to do the work, but she needs a contact person who can point her in the right direction. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairwoman Arndt presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. Introduction of the New Parks and Recreation Director – Roger Ridgeway Mr. Roger Ridgeway, Parks and Recreation Director, shared background information about himself. He stated that he had just completed his 11th year with the City of Dover. For the last six years, Mr. Ridgeway has been the Grounds Division Supervisor. He explained that he truly enjoys working for the city and has great colleagues. He has been involved in everything from purchasing to budgeting and has experience citywide. He stated that he looks forward to the challenge and thinks that it will be great. Mr. Ridgeway provided an update on the community building at Dover Park. He stated that they are actively painting, and the floor should be going in by the end of the week. The contractor is estimating that the project will be complete by the end of December. He stated that the splash pad tank had to be custom made so it was on backorder, however, it has arrived on site. The splash pad construction should start the following week. The playground equipment at Dover Park is on site, Page 72

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 6 Item #8. and the plans are in the process of being finalized. The playground installation company stated that the installation should be completed by spring. The Schutte Park Skate Park plans are being finalized and should be going out to bid within the next few weeks. The DIY Skate Park concrete pad purchase order went out the previous week and the installers should be reaching out with a start date of when the concrete pad will be poured in the next few weeks. This item was informational, and committee action was not required. Responding to Mr. Anderson, Mr. Ridgeway stated that the plan is once both the Skate Park and the DIY Skate Park are complete, they will intertwine and connect. Responding to Mr. Rocha, Mr. Ridgeway stated that there are currently gates on all three parking lots at Schutte Park. The Pitts Center has a gate, and both stone parking lots have gates. The police department locks the gates at nighttime and staff unlocks them in the morning. Responding to Mr. Rocha, Mr. Ridgeway stated that there is no gate on Electric Avenue, only on the three parking lots. He explained that there must be access to the back for the Little League Park and the Dover Fire Department needs access in case of a fire. Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, hearing no objection the meeting adjourned at 6:59 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Neil presiding. Adoption of Agenda Mr. Rocha moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. Update to the City of Dover Wastewater Master Plan (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water and Wastewater Director, reviewed the background of the City of Dover Wastewater Master Plan. Mr. Ryan K. Minnick, PE, of Verdantas, reviewed the 2024 Wastewater Master Plan Update. Staff recommended accepting the Wastewater Master Plan and utilizing it as a guide for the future of the wastewater utility. Responding to Dr. Sudler, Mr. Lyon stated that they have data from the last five years on how often they have to utilize the jet trucks to clean the pipes. The city’s pipes are flat, and when the pipes are flat, things settle. There could be some deposits down there that could cause a backup, which is the last thing anyone wants to hear. He stated that they have data that shows how often water is being used and they can dictate that if less water is being used, other areas which can be Page 73

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 7 Item #8. done. Some things like restaurant areas need to be done more frequently because of grease and rag issues. He explained that they had already started the process of becoming more efficient with energy and time. Responding to Mr. Rocha, Mr. Lyon stated that there are county pipes that run through the city, through different pump stations that accept the flow from the north like Smyrna. The difference in ownership of the pipes is at the point where they interconnect into the county force main that takes the flow down to Frederica, that is where the city stops. Responding to Mr. Rocha, Mr. Lyon stated that the pump station by Del-One is a force main and is county-owned. Responding to Mr. Rocha, Mr. Lyon stated that the county is currently doing their own master plan, and they are taking the condition and materials into account. They have been doing repairs along Route 13 and Silver Lake Park. Mr. Sudler moved to recommend accepting the staff recommendation to accept the Wastewater Master Plan and utilize it as a guide for the future of the wastewater utility. The motion was seconded by Dr. Pillsbury and unanimously carried. Lead and Copper Rule Outreach Requirements (Jason Lyon, Water/Wastewater Director, and Kate Mills, Water Production Manager) Mr. Jason Lyon, Water and Wastewater Director, and Ms. Kate Mills, Water Production Manager, reviewed the background and analysis of the federally mandated Lead and Copper Rule requirements. This item was informational, and committee action was not required. Responding to Dr. Sudler, Ms. Mill stated that starting in 2027, they have to replace 10 percent of the service lines that need to be replaced, every year until 2037. She explained that their main focus is trying to get an accurate inventory and get the unknown number down before 2027. Responding to Dr. Sudler, Ms. Mills stated that the main thing she would ask is that council continues to ask their constituents to fill out the surveys if they have not. However, as far as the regulation coming out in 2027, there is no requirement for the customer to replace their portion of the service line, it is all on the water systems across the United States. If they begin replacing service lines in 2027, and they inform a customer that their line is required to be replaced, the customer can say they do not want to replace it, and that would be the end of it. There is no requirement on the customer's end to replace their portion. The city will continue to replace its portion of the lines, but there will not be a financial burden on the customer. Responding to Ms. Arndt, Ms. Mills stated they are working with the Office of Drinking Water to approve the predictive modeling like Ms. Arndt had suggested. Once they receive approval, they will choose specific locations for spot checks. Based on the materials found, they will update the inventory for the entire neighborhood. Page 74

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 8 Item #8. Responding to Mr. Anderson, Mr. Lyon stated that the Bipartisan Infrastructure Law funding will be ongoing for at least the next five years, and they specifically have earmarked money for the task. As a team, they are currently doing a water and wastewater rate study to take all of those things into consideration. He explained that all the information would be included in the next budget submission with a five-year outlay. He stated that they have to take into consideration if they are going to go that route that they account for prevailing wage and the cost of products. Having that funding would offset the cost and help the ratepayers, so they will have to juggle all those items to see what is more efficient. Responding to Mr. Anderson, Ms. Mills stated that with any federal funding, the more quickly you are ready to receive funding, the higher the chance that you get that funding. They are always looking for project-ready or groundbreaking projects. Therefore, the more information that can be collected to complete the inventory the better their project will be when they present it. She explained that they would like to be able to go in and say these are the exact locations that the city needs to replace the water services, and they would like to get grants to do these. Responding to Mr. Rocha, Ms. Mills stated that when the surveys are sent out, there are instructions on the back of the letter that explain that all the customer will need is a magnet and a key. If the magnet sticks, it is this type. If it does not stick, go to the next step and try to scrape that water service line with a key. If that does not work, or they are not sure, they can call the office directly. A staff member will go out to help identify what service line material they have. Responding to Mr. Anderson, Ms. Mills stated that there are several methods to complete the survey. Surveys can be returned by mail or email, and a QR code is available for online completion. Additionally, participants can visit the website to access the survey and fill it out online, or they can use the drop box located at customer service. Mr. Neil moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 7:39 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Garfinkel moved for adoption of the agenda, seconded by Mr. Shevock and unanimously carried. Discussion – Chapter 30 – Standards of Ethical Conduct and Ethics Commission (Nicholas H. Rodriguez, City Solicitor) Mr. Nicholas H. Rodriguez, City Solicitor, reviewed the background and analysis of Chapter 30 – Standards of Ethical Conduct and Ethics Commission. Committee recommended instructing staff to draft appropriate ordinance amendments to reform the Ethics Commission process. Page 75

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 9 Item #8. Responding to Dr. Sudler, Mr. Rodriguez stated that they would need to obtain approval from the State Commission and then if the approval is granted, the code could be amended. At the request of Dr. Sudler, Ms. Arielle Rivera, Assistant City Clerk, read into the record the current code and the proposed code revisions as follows: The current code reads that if the respondent is a city official, the commission may propose actions to the city council that are appropriate to the finding as specified in section 30-73(o). The proposed ordinance modification would be if the respondent is an appointed or elected city official, the commission will request professional assistance from a state agency to aid in the discharge of its duties to propose actions to the city council that are appropriate to the findings as specified in section 30-73(o), under ARTICLE III. ETHICS COMMISSION. Sec. 30-72. Powers and Duties. Also, (10). Request city agencies for assistance. To request appropriate city agencies to provide such professional assistance as it may require in the discharge of its duties. Dr. Sudler stated that he is in support of recommendation number two to alleviate the concerns of bias when it comes to council people or appointed or elected officials. Responding to Mr. Rocha, Ms. Andria Bennett, City Clerk, stated that when Mr. Rodriguez and she spoke, they agreed that if there were specifics that came in against elected officials or appointed, they would have to get permission from the State Commission. Mr. Rodriguez previously expressed his willingness to write a letter requesting that the State Commission have jurisdiction moving forward. If they agree, the ordinance and code can be amended accordingly. She explained that where Dr. Sudler mentioned professional assistance from a state agency, it would be the Public Integrity Commission. However, they would have to go to their board to get permission to allow the city to have that exception because the recommendation is not to take away the Ethics Commission altogether. It is so that there are no further issues as Dr. Sudler explained, questioning the integrity of the process when it comes to an appointed or elected official. If it met those criteria it would go to the Public Integrity Commission, but that would have to be decided by council so that Mr. Rodriguez could take action requesting that from their board. Responding to Ms. Arndt, Mr. Rodriguez stated that the decision would be up to the board and their seven members would vote and report their decision back to the city. Before any changes can be made to the code, they have to make their decision. Mr. Rodriguez wanted to emphasize that in his opinion the city should continue with the ordinance as written because if they were to eliminate the Ethics Commission, they would have to comply with the state code. Dr. Pillsbury recommended looking at the entire code before going to the state and asking them to make the change. She explained that many of the ordinances are outdated. Page 76

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 10 Item #8. Mayor Christiansen emphasized his agreement with Mr. Rodriguez to continue with the current code. He also agreed with Dr. Pillsbury that the code should be updated, and all decisions be handled in a timely manner. Mr. Anderson stated that he agreed with Dr. Pillsbury that the code needs to be updated, and the Ethics Commission had proposed some changes of their own. He recommended adding that if a complaint is filed there must be actual evidence, and it cannot be based on hearsay. He also recommended that the Ethics Commission should have its own attorney. If it is a city employee, member of council, or appointee, the City Solicitor is supposed to represent them. The City Solicitor is currently the Ethics Commission attorney so there needs to be a separation of the two. Dr. Sudler stated that his proposal should address all the concerns except for the process for handling a decision from the Public Integrity Commission if they took the role. One of the major benefits would be the alleviation of the pressure off the current commissioners. They are appointed by the mayor and confirmed by council. The perception from the community is that they may not get justice because they are interlocked with council. By asking the Public Integrity Commission to provide a ruling to the solicitor may benefit everyone. He also stated that he agreed with Mr. Anderson and there should be some type of true evidence. Responding to Dr. Pillsbury, Mr. Rocha stated that the Public Integrity Commission would not have to approve the ordinance. Council adopts the ordinance, but when it comes to a council person or appointee, they are being asked to handle the case versus the Ethics Commission. Responding to Dr. Pillsbury, Mr. Rodriguez stated that she is correct because if any changes have to be made, they should be done in one shot. It would be best to update the code, and they submit all the information at one time. Dr. Sudler recommended creating a committee and selecting a timeframe to get the proposed changes done. Ms. Arndt recommended taking the Ethics Commission members, a couple of members of council, the City Solicitor, and someone from the Public Integrity Commission, and holding a two-hour discussion to figure out where the changes can be made. Responding to Mr. Lewis, Ms. Rivera, and Ms. Bennett stated that the last revisions to the code were made in 2017. Mr. Anderson moved to recommend that a subcommittee be formed to review the Ethics Commission code, which is Chapter 30 of the city ordinance, which will have three members of council, two Ethics Commission members, Mr. Garfinkel, the city solicitor, and the mayor. The committee will come back with recommendations within ninety days. The motion was seconded by Dr. Sudler and unanimously carried. Page 77

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 11 Item #8. Recreational Marijuana Land Uses and Related Zoning Regulations (David S. Hugg, III, City Manager, Sharon Duca, Assistant City Manager, and Ann Marie Townshend, Rossi Group) Mr. David S. Hugg, III, City Manager, Ms. Sharon Duca, Assistant City Manager, and Ms. Ann Marie Townshend, Rossi Group, reviewed the proposed ordinance changes and the timeline. Staff recommended that city council provide directions to staff on their selected path forward to meet the proposed timetable. Responding to Dr. Pillsbury, Ms. Townshend stated that the language they used is the language that is specific to the zoning ordinance uses. The zoning ordinance has multiple levels for child daycares. Child daycare center is a center that is specifically in the zoning ordinance and the use of that terminology is compatible with other uses of terminology within the zoning ordinance. From the perspective of the Planning Office, they may have to do a zoning verification letter to say whether it is a permitted use or not, and they will rely on the definitions they have in the zoning ordinance. Responding to Dr. Pillsbury, Ms. Townshend stated that they obtained a list of substance abuse treatment facilities from the state. She explained that they could change the ordinance to read substance abuse disorder treatment facilities licensed by the State of Delaware, which would take away the ambiguity. Responding to Dr. Sudler, Ms. Townshend stated that ordinance 25A addresses prohibiting cultivation, manufacturing, and distance requirements in the downtown area. Responding to Dr. Sudler, Ms. Townshend stated that both 25A and 25B address the distance requirements. Responding to Dr. Sudler, Ms. Townshend read “The building footprint within which a marijuana cultivation facility is to be located, shall be at least 500 feet away from any residential zone, any private or public K through 12 school, hospital, college, university, child daycare center, or substance abuse disorder treatment facility”. Responding to Dr. Sudler, Ms. Townshend explained that the challenge with churches is the lack of a defined list. To enforce distancing requirements, a clear data set is necessary to assess distances, but there is no central registry of churches. Responding to Dr. Sudler, Ms. Townshend noted that while churches have public occupancy permits, they are classified as places of worship, which are not included in the categories for these permits. Since churches function as assemblies, there is no clear data set available. Responding to Dr. Sudler, Ms. Melson-Williams stated that churches are classified as places of public assembly and are referred to as such in most places of the zoning ordinance. They do not require a business license; it is a public occupancy license for a place of assembly. She explained that in the zoning and land use world, religious facilities should not be treated any differently than any other place of assembly, so over time, the code has transitioned into that. She stated that from a zoning perspective, there are a large number of churches in zones where the potential land use Page 78

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 12 Item #8. categories are not being placed. Also, they find that many churches are on property that is zoned residential which already has a distancing requirement. She explained that a combination of factors may help achieve the necessary distancing from most of those types of facilities. Responding to Mr. Hare, Ms. Townshend stated that the Downtown Dover Business District is zoned C-2. At the last meeting, there were two potential draft amendments. One of them addressed the compassion center conversion licenses. The other dealt with downtown but there was no motion to move that forward. Currently, nothing has been incorporated into the ordinance that would allow any marijuana use in the downtown area. Retail would only be allowed in the C-4 zone, which is Route 13 and Bay Road. The manufacturing, cultivation, and testing would be limited to the Industrial Park Manufacturing (IPM) and manufacturing zones, and potentially cultivation in agricultural zones. Mayor Christiansen expressed concerns about places of worship not being included in the distancing requirements. He demanded that they be considered in future ordinance changes. He also recommended changing the distancing requirements from 500 feet to 750 feet. Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-24A. The motion was seconded by Ms. Arndt and unanimously carried. Responding to Dr. Sudler, Ms. Townshend stated that ordinance #2024-24A does not affect downtown, it simply sets up the business license fee structure and the definitions to correspond to the fees. It does not have anything to do with the permitted uses as those are under ordinances #2024-25A and 25B. Responding to Mr. Lewis, Ms. Townshend stated that the ordinances will move forward for the first reading and then they will move on to the Planning Commission before coming back. Responding to Mr. Lewis, Ms. Townshend stated that the language that was passed at the last meeting grandfathered in the current compassion center from a distancing perspective. Responding to Mr. Lewis, Ms. Townshend stated that as far as the retail part of it, it would allow a compassion center with a conversion license to comply with the zoning, but not require compliance with the distancing. Responding to Mr. Lewis, Ms. Townshend stated that they will not be issuing any additional compassion center licenses as of right now. Also, it reads that they had to have the license prior to January 1, 2024, to create a clear cutoff date. Responding to Mr. Garfinkel, Ms. Townshend stated that 24.2 in ordinance 25A would be for a new compassion center. From a practical standpoint, they will not be issuing new licenses, so it is possible that by the time the ordinance reaches final reading, that language could be struck. However, right now the state still has that in there. Technically under state law, they can issue licenses for compassion centers so that is memorializing the way they would have been handled in the past. Page 79

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 13 Item #8. Responding to Mr. Garfinkel, Ms. Townshend stated that only medical facilities, which by state law have not been phased out yet. However, the commissioner’s office has made it clear that the expectation is that it will be phased out. Not because the state is going to take clear action, but because there is not enough demand to support medical-only facilities once the recreational facilities are open, as long as the recreational facilities can serve the medical needs. They will no longer be necessary by the time retail centers open. Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-24B. The motion was seconded by Mr. Hare and unanimously carried. Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-25A. The motion was seconded by Mr. Hare and unanimously carried. Dr. Sudler moved to recommend changing the distancing requirement from 500 feet to 750 feet in Proposed Ordinance #2024-25A. Mr. Neil moved to reconsider the motion for the approval of the Proposed Ordinance #2024- 25A. The motion was seconded by Mr. Boggerty. Ms. Arndt stated that if they are going to move forward with the increased requirement, she would like a GIS mapping exercise done, as was done before. She explained that they initially looked at the maps to see where the uses would be in relation to the restrictions, so she would like to see the data and what it means in terms of the ordinance. Mr. Anderson stated that he is opposed to the 750-foot increase because when they looked at the GIS mapping it was determined that the 500 feet would be an effective ban. He explained that it would be the opposite of what people have told them in the surveys and a strong majority of the people want it to be a legal option in the city. Mayor Christiansen stated that the survey results were almost 50-50. He explained that it is the responsibility of council to make the changes to the ordinances that reflect the opinion of the constituents that elected them. He stated that he believes the distancing requirement should be moved to 750 feet. Dr. Sudler moved to recommend changing the distancing requirement from 500 feet to 750 feet in Proposed Ordinance #2024-25A. The motion was seconded by Mr. Hare and carried by a roll call vote of six (6) yes (Hare, Boggerty, Rocha, Sudler, Shevock, Garfinkel), and five no (Neil, Pillsbury, Arndt, Lewis, Anderson). Mr. Anderson moved to recommend approval of the Proposed Ordinance #2024-25A as amended with the addition of including licensed by the State of Delaware after substance abuse disorder. The motion was seconded by Mr. Hare and unanimously carried. Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-25B with the amendment to include licensed by the State of Delaware after substance abuse disorder. The motion was seconded by Mr. Hare and carried with Dr. Sudler and Mr. Rocha voting no. Page 80

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 14 Item #8. Responding to Dr. Sudler, Ms. Townshend stated that the distancing requirement is a mix. It is 500 feet from private or public K through 12 schools, child daycare centers, and substance abuse disorder treatment facilities and hospitals. It is 250 feet away from residential zones and from the lot line of any college or university. Again, the point of the effective ban at 500 feet away from all residential zones, colleges, and universities was because there was nowhere that it would be permitted. Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 9:14 p.m. Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 9:14 p.m. David L. Anderson Council President Attachments Attachment #1 - Letter addressed to the City of Dover, Council Committee of the Whole Attachment #2 - Student Photos from Mr. La Mar Gunn Page 81

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CITY OF DOVER Item #21. FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 QUARTERLY REVENUE REPORT As of September 30, 2024 FY25 FY25 FY25 Unaudited 25% ORIGINAL REVISED YTD % BUDGET FY24 Unaudited FY23 Unaudited GENERAL FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Property Taxes 546,000 546,000 524,700 96.1% Billed at the beginning of FY 15,679,300 15,546,900 2 Payment In Lieu of Taxes 16,300,000 16,300,000 16,420,600 100.7% Billed at the beginning of FY 543,800 540,700 3 Transfer from Electric Fund 10,000,000 10,000,000 2,500,000 25.0% 8,000,000 8,000,000 4 Intrafund Service Receipts Electric 4,849,500 4,849,500 1,031,300 21.3% 3,767,800 3,702,300 5 Transfer from Transfer Tax Fund 2,000,000 2,000,000 1,150,000 57.5% 2,320,400 2,334,900 6 Business Licenses 1,616,400 1,616,400 1,445,700 89.4% 1,484,300 1,452,200 7 Intrafund Service Receipts Water 1,323,400 1,323,400 281,400 21.3% 1,028,200 1,010,300 8 Intrafund Service Receipts Wastewater 953,300 953,300 202,700 21.3% 740,700 727,800 9 Sanitation Fees 4,851,600 4,851,600 1,213,300 25.0% 3,966,500 3,652,800 10 Permits & Other Licenses 1,797,000 1,797,000 587,200 32.7% 2,706,600 2,407,000 11 Transfer from Municipal Street Aid Fund 750,000 750,000 191,800 25.6% 789,500 796,800 12 Fines & Police Revenue 781,100 781,100 57,300 7.3% 695,400 630,200 13 Police Extra Duty Fees 497,500 497,500 265,400 53.3% 597,500 470,600 14 Transfer from Police Grant Funds 310,000 310,000 9,700 3.1% 528,700 71,200 15 Police Pension Grant 620,000 620,000 - 0.0% 812,400 43,800 16 Court of Chancery Fees 3,500,000 3,500,000 811,500 23.2% 4,092,700 2,021,300 17 Transfer from Water/Wastewater Fund 2,000,000 2,000,000 500,000 25.0% 1,000,000 2,000,000 18 Transfer from Civil Traffic Penalties Fund 50,000 50,000 - 0.0% 66,100 54,500 19 Transfer from Lodging Tax 500,000 500,000 95,800 19.2% - - 20 Transfer from Ambulance Service 600,000 600,000 146,200 24.4% - - 21 Library Revenues & County Reciprocal Pymt 308,100 308,100 32,400 10.5% 419,800 579,300 22 Franchise Fees 600,000 600,000 - 0.0% 396,500 424,000 23 General Fund Grant Receipts 98,500 98,500 26,400 26.8% DEMA 161,100 468,600 24 Recreation Revenue 145,000 145,000 41,000 28.3% 140,400 148,200 25 Other Miscellaneous Receipts 1,356,800 1,356,800 82,500 6.1% 3,221,300 313,900 26 Interest Income 50,000 50,000 29,200 58.4% 72,800 269,700 TOTALS $ 56,404,200 $ 56,404,200 $ 27,646,100 49.0% $ 53,231,800 $ 47,667,000 Final Budget $ 53,231,800 $ 47,667,000 Page 100

CITY OF DOVER Item #21. FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 QUARTERLY REVENUE REPORT As of September 30, 2024 FY25 FY25 FY25 Unaudited 25.0% ORIGINAL REVISED YTD % BUDGET FY24 Unaudited FY23 Unaudited WATER FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Water Fees $ 6,566,900 $ 6,566,900 $ 2,076,900 31.6% $ 6,544,600 $ 6,711,400 2 Water Impact Fees 230,000 230,000 70,300 30.6% 353,500 393,300 3 Water Tank Space Leasing 450,500 450,500 450,600 100.0% Billed at beginning of FY 423,600 399,800 4 Interest Income 100,000 100,000 44,700 44.7% 266,900 170,300 Penalties $3.1K; Water Meters $7.3K; Sale of 5 Other Miscellaneous Revenues 82,700 82,700 35,400 42.8% Assets $10.4K; State Grant $14.6K 90,700 70,600 TOTALS $ 7,430,100 $ 7,430,100 $ 2,677,900 36.0% $ 7,679,300 $ 7,745,400 Final Budget $ 7,679,300 $ 7,745,400 FY25 FY25 Unaudited 25.0% ORIGINAL REVISED YTD % BUDGET FY24 Unaudited FY23 Unaudited WASTEWATER FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Wastewater Fees $ 4,193,600 $ 4,193,600 $ 1,450,700 34.6% 4,672,400 4,590,000 2 Wastewater Adjustment Fees - County Trtmt 3,672,600 3,672,600 1,301,100 35.4% 3,369,700 3,029,800 3 Groundwater Inflow Adjustment 1,977,400 1,977,400 704,500 35.6% 2,180,800 2,135,600 4 Wastewater Impact Fees 230,000 230,000 52,300 22.7% 312,500 357,700 5 Interest Income 100,000 100,000 54,600 54.6% 298,600 160,500 6 Other Miscellaneous Revenues 50,200 50,200 6,000 12.0% Penalties $6.0K 75,300 37,000 TOTALS $ 10,223,800 $ 10,223,800 $ 3,569,200 34.9% $ 10,909,300 $ 10,310,600 Final Budget $ 10,909,300 $ 10,310,600 FY25 FY25 Unaudited 25.0% ORIGINAL REVISED YTD % BUDGET FY24 Unaudited FY23 Unaudited ELECTRIC REVENUE FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Sales to Customers $ 91,131,200 $ 91,131,200 $ 26,101,300 28.6% $ 85,003,300 $ 75,400,700 2 Purchase Power Adjustment - - - 0.0% - 16,465,600 3 Utility Tax 1,356,100 1,356,100 404,000 29.8% 1,365,900 1,516,700 4 Rate Stabilization Reserve - - - 0.0% 900,000 10,000,000 Penalties and Rent $53.2k; General Service Billing 5 Miscellaneous Revenue 954,000 954,000 449,600 47.1% $249.7k; Misc Revenue $146.7k 2,514,400 429,600 6 Interest Income 1,500,000 1,500,000 651,900 43.5% 2,220,500 1,022,000 TOTALS $ 94,941,300 $ 94,941,300 $ 27,606,800 29.1% $ 92,004,100 $ 104,834,600 Final Budget $ 92,004,100 $ 104,834,600 Page 101

Item #22. City of Dover Capital Investment Plan and Project Status Report As of September 30, 2024 1st Quarter FY25 Points to Remember * Includes Project Carry-Forward Budget Amendment Ordinance # 2023-09 (approved by Council on 10/9/23). * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Actual Expenditure/Expense totals are subject to change, due to delays to the month-end closing process. * Water Quality, Inflow/Infiltration, Distribution Upgrades, and New Development projects are budgeted as a blanket project, and once individual projects are identified and estimated, they are created using an allocation of the overall budgeted amount. Community Police Grants Police Grants Total Current Year Budget Funding Sources General Transportation Federal State ARPA Water Wastewater Sanitation Stormwater Electric CIP Budget Balance $ 348,200 $ 114,500 $ - $ - $ 5,110,900 $ 1,900,100 $ 767,900 $ 33,165,000 $ 41,406,600 Miscellaneous Receipts 20,000 20,000 General Billings for Reimbursement of Expense 1,000,000 1,000,000 Federal Grants 752,000 752,000 State Grants 948,900 40,000 405,000 2,009,000 354,000 335,000 4,091,900 Transfer from Water/WW Impact Fee Reserve - 7,200 7,200 Transfer from Water/Wastewater Oper. Fund 503,000 1,329,900 1,832,900 Transfer from General Fund 3,173,600 3,173,600 Sanitation Services 739,000 739,000 Stormwater Services 1,914,000 1,914,000 Transfer from Lodging Tax 500,000 500,000 Transfer from Future Capacity Reserves 2,000,000 2,000,000 Interest Income 50,000 20,000 70,000 Total Funding Sources $ 4,990,700 $ 154,500 $ 752,000 $ 405,000 $ 5,110,900 $ 4,462,100 $ 2,479,000 $ 739,000 $ 2,249,000 $ 36,165,000 $ 57,507,200 1 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT Page 102

Item #22. PROJECT STATUS REPORT - GENERAL FUND 1st Quarter FY25 - as of September 30, 2024 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Account Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Obj/Ele Budget Budget Expenses Budget Budget Charges Balance Status Fire Department 11-14-99- FR1800 Annual Contribution for Engine 5 54025 $ 777,000 $ 777,000 $ 323,632 $ 77,700 $ 77,700 $ 19,418 $ 58,282 Paying monthly FR2000 Annual Contribution for Squad #1 (Rescue) 54025 956,000 834,000 229,204 83,400 83,400 20,837 62,563 Paying monthly FR2200 Annual Contribution for Engine 1 54025 770,000 852,200 153,951 123,200 123,200 30,790 92,410 Paying monthly FR2400 Tower Ladder 2 54025 1,623,600 1,623,600 93,179 282,300 282,300 47,940 234,360 Paying monthly Total Fire Department $ 4,126,600 $ 4,086,800 $ 799,967 $ 566,600 $ 566,600 $ 118,985 $ 447,615 Police 11-17-00- --- Misc Automobiles 54022 $ 831,600 $ 831,600 $ 462,991 $ 368,609 PD2301 Police Officer Body Worn Cameras & Tasers 54031 $ 876,400 $ 903,000 $ 352,657 229,500 229,500 - 229,500 PD2302 Axon In-car Cameras 54031 368,000 368,600 - 18,100 18,100 - 18,100 PD2501 Police Property Security Fencing 54031 36,100 36,100 - 215,800 215,800 - 215,800 PD2502 Police Department Academy 2nd Floor HVAC 54031 193,100 7,900 - 193,100 193,100 - 193,100 Total Police $ 1,473,600 $ 1,315,600 $ 352,657 $ 1,488,100 $ 1,488,100 $ 462,991 $ 1,025,109 Streets 12-18-35- --- Trucks 54023 $ 215,000 $ 222,500 191,954 $ 30,546 Veh #322 received --- Misc. Equipment 54025 180,800 173,300 53,975 119,325 Hot Box Trailer #393 received ST2003 Meeting House Branch 54030 $ 1,115,600 $ - $ 1,094 - - 1,094 (1,094) Design Ongoing ST2302 FY23 Street Program 54031 1,102,700 - 879,531 - - 399,919 (399,919) Substantially complete, awaiting punch list items ST2501 Street, Concrete, and Alley Program 54030 500,000 1,115,600 - - - - - Project Cancelled for FY25 ST2502 Community Signs 54031 60,000 20,000 7,178 20,000 20,000 7,178 12,823 In process of refurbishing signs Total Streets $ 2,778,300 $ 1,135,600 $ 887,802 $ 415,800 $ 415,800 $ 654,119 $ (238,319) Grounds 12-18-51- --- Trucks 54023 $ 80,000 $ 80,000 - $ 80,000 Total Grounds $ 80,000 $ 80,000 $ - $ 80,000 Parks & Recreation 13-15-12- --- Other Equipment 54025 $ 60,000 $ 60,000 $ 60,000 $ 0 Chipper #587 received PR2300 Dover Park Splash Pad 54031 200,000 - 81,295 - - 80,145 (80,145) PR2502 Schutte Park Skate Park 54031 $ 1,100,000 $ 1,100,000 $ - 1,100,000 1,100,000 - 1,100,000 Total Parks & Recreation $ 1,300,000 $ 1,100,000 $ 81,295 $ 1,160,000 $ 1,160,000 $ 140,145 $ 1,019,855 Procurement/Inventory 15-27-99- --- Other Equipment 54025 $ - $ - $ 69,802 $ (69,802) Forklift #120 on order CS2501 Warehouse Flat Roof Replacement 54031 $ 220,000 $ 220,000 $ - 220,000 220,000 - 220,000 Obtaining quotes CS2502 Fuel Pump Island Upgrade 54031 600,000 600,000 - 600,000 600,000 - 600,000 Obtaining quotes Total Procurement/Inventory $ 820,000 $ 820,000 $ - $ 820,000 $ 820,000 $ 69,802 $ 750,198 Fleet Maintenance 15-28-99 --- Other Equipment 54025 - - 398 (398) EV grant Total Fleet Maintenance $ - $ - $ 398 $ (398) Information Technology 16-22-99- IT2406 Barracuda Backup 54028 $ 40,000 $ - $ 5,905 $ - $ - $ 5,905 $ (5,905) To be paid out monthly for the next 4 years. IT2503 Server/San Replacement 54028 40,000 40,000 40,000 40,000 18,306 21,694 Quote received; likely to be purchased in 1Q2025 IT2504 Replacement of Cisco Switches 54028 12,000 12,000 22,155 12,000 12,000 4,558 7,442 Switches purchased and being paid off IT2506 Rewiring City Hall Internet Cable 54028 60,000 60,000 14,553 60,000 60,000 - 60,000 Waiting for quote from vendor Total Information Technology $ 152,000 $ 112,000 $ 42,613 $ 112,000 $ 112,000 28,769 $ 83,231 TOTAL GENERAL FUND $ 10,650,500 $ 8,570,000 $ 2,164,333 $ 4,642,500 $ 4,642,500 $ 1,475,208 $ 3,167,292 101 2 of 12 1ST QTR FY25 CIP-PROJECT STATUS Page REPORT103

Item #22. PROJECT STATUS REPORT - COMMUNITY TRANSPORTATION FUND 1st Quarter FY25 - as of September 30, 2024 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Percent Original Revised Fiscal Project Project Project To Date Budget Budget Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Balance Spent Budget Budget Charges Balance Status Community Transportation - 203-12-99 Substanially Complete, awaiting CT2322 Dover Little League 221,400 40,000 283,577 (243,577) 128.1% 40,000 40,000 283,577 (243,577) punch list items TOTAL COMMUNITY TRANSPORTATION FUND $ 830,900 $ 40,000 $ 583,874 $ 65,626 1459.7% $ 40,000 $ 40,000 $ 283,577 $ (243,577) 203 3 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT Page 104

Item #22. PROJECT STATUS REPORT - POLICE FEDERAL GRANTS 1st Quarter FY25 - as of September 30, 2024 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status Federal Police Grants - 207-11-17-33 PDGBYRNE - 2024 - Line 3 Fibre Optic Upgrade $ - $ - $ 5,937 $ - $ - $ 5,937 $ (5,937) JAG 2023 - G2311 - Line 1 License Plate Reader Camera 171,890 23,116 44,362 23,116 23,116 10,623 12,493 TOTAL FEDERAL POLICE GRANTS $ 171,890 $ 23,116 $ 50,299 $ 23,116 $ 23,116 $ 16,560 $ 6,556 207 4 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT Page 105

Item #22. PROJECT STATUS REPORT - ARPA FUND 1st Quarter FY25 - as of September 30, 2024 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Original Addition Revised Internal Revised Fiscal Project Account Project Project Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year YTD Budget Code Item Obj/Ele Budget Budget Budget (Reduction) Budget Revisions Budget Charges Balance Status ST2301 FY23 Street, Concrete, and Alley Program 54031 $ 1,200,000 $ 1,401,000 $ 1,401,000 $ - $ 1,401,000 $ - $ 1,401,000 $ - $ 1,401,000 Complete WD2302 Elevated Water Tower Maint. - Aero Park 54031 655,000 - - - - - - - - Complete WD2303 Future Well Installation 54031 2,234,500 - - - - - - - - Substantially complete, punch list WD2304 Well #9 Improvements 54031 319,000 - - - - - - - - Design Complete WQ2304 Water Quality Improvements-West St Alley 54031 346,500 - - - - - - 36,669 (36,669) Substantially complete, punch list WW2307 Lepore Road Sanitary Sewer Upgrade 54031 317,000 - - - - - - - - Cancelled TOTAL ARPA FUND $ 5,072,000 $ 1,401,000 $ 1,401,000 $ - $ 1,401,000 $ - $ 1,401,000 $ 36,669 $ 1,364,331 210 5 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT Page 106

Item #22. PROJECT STATUS REPORT - WATER FUND 1st Quarter FY25 - as of September 30, 2024 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status Water Engineering --- Trucks $ 26,900 $ 26,900 $ 25,612 $ 1,288 Vehicle #427 received Water WD2503 Water Modeling Software 46,000 46,000 45,980 20 Complete WD2405 Well #9 Improvements $ 1,000,000 $ 700,000 $ - 700,000 700,000 - 700,000 Work to begin in November WD2501 Wellhead Redevelopment Program 466,000 166,000 - 166,000 166,000 - 166,000 Work underway 15% complete WD2502 Well 6 VFD 57,000 57,000 - 57,000 57,000 - 57,000 Awaiting bids WD2504 Elevated Water Storage Tank Maintenance 57,000 96,700 - 96,700 96,700 - 96,700 Work to start in January WD2505 SCADA Equipment Upgrade 57,000 975,000 - 975,000 975,000 - 975,000 Proposals due December 4 WD2507 GIS Utility Network Upgrade 57,000 160,000 - 160,000 160,000 - 160,000 Work Underway 10% complete WD2509 Portable Emergency Generator 57,000 70,000 - 70,000 70,000 - 70,000 Zero Bids received, team needs to re-bid WQ2502 Miscellaneous Emergency Water Repairs 57,000 85,000 - 85,000 85,000 - 85,000 Project open, awaiting emergencies WQ2503 Downtown Dover Upgrades - Water 57,000 1,101,000 - 1,101,000 1,101,000 - 1,101,000 Design ongoing WD2409 Facility Improvements @WTP 185,000 - 96,804 - - 96,804 (96,804) Substantially complete WD2205 Future Well Installation 1,415,400 - 103,869 - - 56,054 (56,054) Substantially complete WQ2303 Water Quality Impr. - North State Street 370,000 - 1,013,047 - - 16,230 (16,230) Complete Water Treatment Plant -- Trucks - - - $ - $ - $ 71,767 $ (71,767) Vehicle #622 received WD2508 WTP Improvements $ 5,885,000 $ 885,000 $ - 885,000 885,000 - 885,000 Bids to be created by December TOTAL WATER FUND $ 9,720,400 $ 4,295,700 $ 1,213,719 $ 4,368,600 $ 4,368,600 $ 312,447 $ 4,056,153 401 6 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT Page 107

Item #22. PROJECT STATUS REPORT - WASTEWATER FUND 1st Quarter FY25 - as of September 30, 2024 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status Wastewater --- Trucks $ 520,100 $ 495,100 $ 476,341 $ 18,759 Vehicle #692 received Miscellaneous Emergency Sanitary Sewer WW2402 Repairs 875,000 - 52,378 - - 52,378 (52,378) Awaiting materials for installation Work has started, awaiting plan for WW2403 Pump Station #7 Upgrades 350,000 655,000 30,042 - 25,000 27,792 (2,792) completion from contractor WW2404 GIS Utility Network Upgrade 150,000 800,000 508,649 - - 41,436 (41,436) 80% complete FY25 Misc. Emerg. Sanitary Sewer WW2501 Repairs 900,000 170,000 43,831 170,000 170,000 43,831 126,169 Work to begin in October WW2502 Heatherfield Pump Station Repl. 545,000 545,000 - 545,000 545,000 - 545,000 Final bids to be completed by December WW2504 White Oak Road Improvements 865,000 65,000 - 65,000 65,000 - 65,000 Bids will be due in December WW2506 Downtown Dover Upgrades - Wastewater 354,000 354,000 - 354,000 354,000 - 354,000 Design ongoing WW2507 Puncheon Run PS Roof Replacement 37,000 37,000 - 37,000 37,000 - 37,000 Awaiting quotes from contractors TOTAL WASTEWATER FUND $ 4,076,000 $ 2,626,000 $ 634,900 $ 1,691,100 $ 1,691,100 $ 641,778 $ 1,049,322 403 7 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT Page 108

Item #22. PROJECT STATUS REPORT - SANITATION FUND 1st Quarter FY25 - as of September 30, 2024 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Account Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Obj/Ele Budget Budget Expenses Budget Budget Charges Balance Status Sanitation 43-70-99 --- Trucks 54023 $ 739,000 $ 739,000 237,657 $ 501,343 Veh #449 received; #441 & 448 on order TOTAL SANITATION FUND $ - $ - $ - $ 739,000 $ 739,000 $ 237,657 $ 501,343 405 8 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT Page 109

Item #22. PROJECT STATUS REPORT - STORMWATER FUND 1st Quarter FY25 - as of September 30, 2024 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Percent Original Addition Revised Internal Revised Fiscal Project Account Project Project To Date Previous Budget Budget Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year YTD Budget Code Item Obj/Ele Budget Budget Expenses Expenses Balance Spent Budget (Reduction) Budget Revisions Budget Charges Balance Status Stormwater 44-71-99 --- Misc Equipment 54025 $ 294,000 $ - $ 294,000 $ - $ - $ 287,326 $ (287,326) SW2206 MS4 Inventory/Inspection & Green Technology 54031 $ 43,600 $ 100,000 $ 43,519 $ 43,519 $ 56,481 43.5% 100,000 - 100,000 - 100,000 - 100,000 KCI is currently collecting data SW2303 Persimmon Park Place Drainage Basin Impr. 54031 $ 1,200,000 - 646 646 (646) 0.0% - - - - - - - Will be brought to Council in October SW2305 FY23 Misc. Emergency Storm Sewer Repairs 54031 350,000 - 449,570 323,120 (449,570) 0.0% - - - - - 126,450 (126,450) SW2401 FY24 Misc. Emergency Storm Sewer Repairs 54031 88,000 - 87,825 - (87,825) 0.0% - - - - - 87,825 (87,825) SW2501 FY25 Misc. Emergency Storm Sewer Repairs 54031 490,000 94,000 - 94,000 0.0% 94,000 - 94,000 - 94,000 - 94,000 Have not used anything yet this fiscal year SW2502 Meeting House Branch Drainage Improvements 54031 14,400,000 1,250,000 - 1,250,000 0.0% 1,250,000 - 1,250,000 - 1,250,000 - 1,250,000 Design ongoing SW2503 West Street Flooding Improvements 54031 800,000 125,000 - 125,000 0.0% 125,000 - 125,000 - 125,000 - 125,000 Proposals are due November 13 SW2505 The Greens of Dover/Lamplighter Ln SW Improv. 54031 150,000 25,000 - - 25,000 0.0% 25,000 - 25,000 - 25,000 - 25,000 Project underway 50% complete SW2506 Lynnhaven Drive Flooding Improvements 54031 155,000 25,000 - - 25,000 0.0% 25,000 - 25,000 - 25,000 - 25,000 Project underway 50% complete SW2507 Downtown Dover Upgrades - Stormwater 54031 245,000 245,000 - - 245,000 0.0% 245,000 - 245,000 - 245,000 - 245,000 Design ongoing SW2508 White Oak Ditch 54031 85,000 85,000 - - 85,000 0.0% 85,000 - 85,000 - 85,000 - 85,000 In the process of receiving quotes SW2509 Vehicle Pole Barn 54031 300,000 300,000 - - 300,000 0.0% 300,000 - 300,000 - 300,000 - 300,000 No movement on this project yet TOTAL STORMWATER FUND $ 18,306,600 $ 2,249,000 $ 581,560 $ 367,285 $ 1,667,440 25.9% $ 2,543,000 $ - $ 2,543,000 $ - $ 2,249,000 $ 501,601 $ 1,747,399 407 9 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT Page 110

Item #22. PROJECT STATUS REPORT - ELECTRIC FUND 1st Quarter FY25 - as of September 30, 2024 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status Engineering --- Misc Automobiles $ 130,000 $ 130,000 - $ 130,000 Vehicles #784 & 786 EE2113 ArcFM Migration to Elec. Util. Network $ 160,000 $ 160,000 $ 166,921 - - - - 80% complete EE2202 SCADA Master Hardware Replacement 550,000 550,000 307,166 - - - - 60% complete EE2315 SCADA Upgrade 100,000 - 68,978 - - - - 80% complete EE2415 Multiplexer Replacement 130,000 15,000 - - 15,000 - 15,000 Complete EE2501 Substation Battery Replacement 127,000 15,000 12,101 15,000 15,000 12,101 2,899 80% complete EE2523 Substation Component Replacement 150,000 15,000 - 30,000 15,000 - 15,000 Recurring project EE2524 Substation HVAC 146,000 146,000 - - 146,000 - 146,000 30% Complete EE2408 Cartanza Substation Foundation Repair 85,000 - 3,500 - - - - 5% complete; waiting on 3rd quote EE2522 Small Cell Wireless Improvements 150,000 30,000 - 30,000 30,000 - 30,000 Recurring project EE2411 LED Lighting Conversion 400,000 - 274,879 - - 1,912 (1,912) Line crew EE2090 DAFB CT/PT Replacement 73,000 73,000 71,514 - - - - 80% complete (sched for Feb 2024) EE2313 Transmission Line Maintenance 50,000 - 30,800 - - - - Recurring project EE2409 McKee Switch Yard Reconfiguration 50,000 - 11,879 - - - - 50% complete EE2416 Transmission Line Maintenance Program 300,000 - 59,402 - - 753 (753) Recurring project EE2505 Electric System Study 750,000 750,000 - 750,000 750,000 - 750,000 5% Complete EE2510 McKee Yard Reconfiguration 110,000 110,000 24,624 110,000 110,000 24,624 85,376 70% Complete EE2513 Transmission Line Maintenance 250,000 50,000 - 50,000 50,000 - 50,000 Recurring project EE2016 Garrison Oak Tech Park Substation 750,000 750,000 209,996 - - - 80% complete; budget to be carried fwd EE2215 Garrison Oak Tech Park Substation 7,000,000 7,000,000 5,120,438 2,000,000 2,000,000 526,416 1,473,584 25% complete; budget to be carried fwd EE2219 McKee Switch Yard Reconfiguration 187,000 - 590,828 - - 36,537 (36,537) Engineering in progress EE2317 ArcFM Migration to Elec. Util. Network 110,000 - 110,384 - - - - In progress EE2402 Woodcrest Overhead to Underground 394,000 - 336,688 - - 9,270 (9,270) Complete EE2303/2404 Town Point Conversion 914,000 - 479,851 - - - - 95% Complete EE2502 Farmview Substation Renovation 245,000 245,000 250 245,000 245,000 250 244,750 5% Complete EE2511 Primary Metering OVH-UGD 202,000 202,000 2,743 202,000 202,000 2,743 199,257 Recurring project EE2515 Fox Road Overhead Rebuild 63,000 63,000 14,189 63,000 63,000 14,189 48,811 5% Complete EE2516 William Street Overhead Rebuild 89,000 89,000 46,973 89,000 89,000 46,973 42,027 95% Complete EE2517 Sounds of Tri-State Rebuild 63,000 63,000 1,836 63,000 63,000 1,836 61,164 Not started EE2518 Mitscher road Overhead Rebuild 41,000 41,000 31,065 41,000 41,000 31,065 9,935 5% Complete EE2519 Transmission Pole Replacement 504,000 168,000 - 168,000 168,000 - 168,000 Not started Total Engineering 14,143,000.00 10,535,000.00 7,977,005.24 3,986,000.00 4,132,000.00 708,669 3,423,330.83 Electric Generation EG2203 Plant Decommissioning 14,000,000 (146,000) 955,490 - (146,000) 486,218 (632,218) City Council Approved Contract 20% Complete. Scafffolding installed and EG2501 VanSant Out of Service Fuel Tank Inspection 400,000 400,000 - 400,000 400,000 - 400,000 preparations made for inspection. EG2502 VanSant Unit 11 Component Replacements 170,000 70,000 - 70,000 70,000 - 70,000 Not started Total Electric Generation $ 14,570,000 $ 324,000 $ 955,490 $ 470,000 $ 324,000 486,218 $ (162,218) T&D --- Automobiles $ 130,000 $ 130,000 - $ 130,000 Vehicles #767 & 799 --- Trucks 460,000 460,000 - 460,000 Vehicle #766 EE2521 Emergency Component Replacement $ 260,000 $ 65,000 $ 46,441 65,000 65,000 46,441 18,559 Recurring project TD2401 Dover Downs Metering 31,000 - - - - - - Not started TD2402 Pole Testing 125,000 - 54,000 - - 54,000 (54,000) 65% complete (paused) TD2405 Janes Road Conversion 179,200 - - - - - - 60% complete 411 10 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT Page 111

Item #22. PROJECT STATUS REPORT - ELECTRIC FUND 1st Quarter FY25 - as of September 30, 2024 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status UG Transformers locations as follows: EE2525 New Developments 1,000,000 1,000,000 62,232 1,000,000 1,000,000 62,232 937,768 TD2205 Calvary Baptist Church 19,800 19,832 19,832 50% complete TD2301 Rojan Meadows Phase 1 18,600 18,600 18,600 70% Complete TD2308 El Azteca Dover - - - Waiting on customer TD2411 Commerce Way Warehouse 35,900 - - Not started TD2412 Eden Hill Farms Phase 4A 78,500 - - 35% Complete TD2414 Eden Hill OKH Phase 2 22,800 9,300 9,300 Complete TD2425 966 Kitts Hummock Rd. 29,000 4,528 58 Complete TD2426 DNREC EV Charger 13,850 - Complete TD2427 110 Lafferty Ln Warehouse 3,800 3,756 Complete TD2519 Byler's Warehouse 10,700 10,686 10% Complete UG Conductors locations as follows: EE2525 New Developments 900,000 900,000 293,406 900,000 900,000 293,406 606,594 TD2110 DAFB Welch Elementary 18,600 18,620 - 90% Complete-waiting on technicians TD2205 Calvary Baptist Church 57,400 57,419 48,860 50% Complete TD2301 Rojan Meadows Phase 1 122,800 122,755 - 50% Complete TD2303 Kent Courthouse 347,100 347,058 - 45% Complete TD2308 El Azteca Dover - - - 0% Complete-waiting on customer TD2309 1001 N DuPont EV Charger 10,800 10,757 - Waiting on customer TD2315 DELDOT Kenton Rd 664,100 664,098 177,984 10% Complete TD2411 Commerce Way Warehouse 22,000 - - Not started TD2412 Eden Hill Farms Phase 4A 541,700 33,081 24,283 35% Complete TD2414 Eden Hill OKH Phase 2 233,600 - - 60% Complete TD2425 966 Kitts Hummock Rd. 24,500 31 31 Complete TD2426 DNREC EV Charger 4,950 - - Complete TD2427 Lafferty Ln Warehouse 3,100 7,888 4,779 Complete TD2519 Byler's Warehouse 37,400 37,394 37,394 10% Complete -- Towne Point Meter Restoration 75 Complete UG Meters locations as follows: EE2525 New Developments 535,000 535,000 10,912 535,000 535,000 10,912 524,088 TD2110 DAFB Welch Elementary 1,800 1,758 - Waiting on contractor TD2205 Calvary Baptist Church 900 924 924 50% Complete TD2210 Verona Woods Phase 3/4 6,100 6,097 - 85% Complete TD2301 Rojan Meadows Phase 1 17,900 17,867 - 50% Complete-waiting on customer TD2308 El Azteca Dover - - - 0% Complete-waiting on customer TD2309 1001 N DuPont EV Charger 1,500 1,489 - Not started TD2314 CT Site Repairs & Maintenance 32,000 31,974 - 65% Complete TD2315 DelDOT Kenton Rd 36,700 36,680 59 10% Complete TD2411 Commerce Way Warehouse 1,800 - - Not started TD2412 Eden Hill Farms Phase 4A 9,200 4,066 4,066 35% Complete TD2414 Eden Hill OKH Phase 2 4,100 2,275 - 30% Complete TD2425 966 Kitts Hummock Rd. 400 370 370 Complete TD2426 DNREC EV Charger - - - 50% Complete TD2510 Lafferty Ln Warehouse 3,100 4,576 4,576 Complete TD2519 Byler's Warehouse 3,100 916 916 10% Complete Total T & D $ 5,469,800 $ 2,500,000 $ 1,927,343 $ 3,090,000 $ 3,090,000 466,991 $ 2,623,009 411 11 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT Page 112

Item #22. PROJECT STATUS REPORT - ELECTRIC FUND 1st Quarter FY25 - as of September 30, 2024 PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Original Revised Fiscal Project Project Project To Date Fiscal Year Fiscal Year YTD Budget Code Item Budget Budget Expenses Budget Budget Charges Balance Status Administration EE1819/EA2304 Reed St HVAC Overhaul 2,675,200 - 2,987,700 - - 375,000 (375,000) 99% complete Total Administration $ 2,675,200 $ - $ 2,987,700 $ - $ - 375,000 $ (375,000) FN1701 Purchase of ERP System $ 1,313,400 $ 2,289,500 $ 834,779 $ - $ - 1,920 $ (1,920) In progress TOTAL ELECTRIC FUND $ 38,171,400 $ 15,648,500 $ 14,682,316 $ 7,546,000 $ 7,546,000 2,038,798 $ 5,507,202 411 12 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT Page 113

Item #23. City of Dover City Manager’s Office PO Box 475 Dover DE 19903-0475 Phone: (302) 736-7005 E-Mail: dhugg@dover.de.us MEMORANDUM To: Mayor and City Council From: David S. Hugg, III, City Manager Copy: Fire Chief David Carey, City Clerk, and Mike Hamlett, Central Services Director Date: October 18, 2024 Subject: Semi-Annual Inspection – Robbins Hose Company In accordance with Section 46-43 of the City Code, the City Manager is required to perform an inspection of Robbins Hose Company Inc./Dover Fire department semi-annually. Station #1 and #2 are inspected in rotations each year. The City Manager joined Chief David Carey and Stephen Jones for an inspection of Station #2 on October 18, 2024, at 9:00am. The inspection looked at the condition and readiness of the facility and apparatus to provide effective fire response to the City of Dover and surrounding areas. As with the last inspection a year ago, the facilities and equipment were superbly maintained, well organized and reflective of the pride and commitment of the Department. A new concrete pad was installed last year at the rear of the building replacing the deteriorated prior one. This is the only significant change in the facility since last year. The Department continues to experience recruitment, contribution, inflation, and demographic concerns common to volunteer companies everywhere. Long-term planning to meet these needs is essential. Operationally, overtime is being reduced now that the Department is fully staffed, but the Chief mentioned that some additional staffing may be necessary next year as the city continues to grow. He noted that they are approaching 2000 calls per year compared to around 1500 just a couple of years ago. He also noted concern about accuracy of 911 call taking from Dover PD and noted the option of the Kent 911 Center. Ladder #2 was scheduled for replacement last year, and it is now here and in operation. Squad #2 and Engine 4 are scheduled for replacement about three years from now. Thank you to Chief Carey and Stephen Jones for their assistance. Page 114

Item #25. CITY OF DOVER, DELAWARE ACTION FORM MEETING: City Council MEETING DATE: October 28, 2024 Meeting DEPARTMENT OF ORIGIN: Planning, Inspections and Community Development PREPARED BY: Dawn Melson-Williams, Principal Planner SUBMITTED: October 22, 2024 SUBJECT: Villages of Maple Dale (Updated Phase 3): Planned Neighborhood Design – Senior Citizen Housing Option Concept Plan (General Sketch Plan) REFERENCES: • MI-24-08 Villages of Maple Dale (Updated Phase 3): PND-SCHO Concept Plan Review by City Council • Dover Code of Ordinances, Appendix B: Zoning (known as Zoning Ordinance) • 2019 Comprehensive Plan RELATED PROJECTS: SB-09-04P/F Villages of Maple Dale PND-SCHO (Phases 1A and 1B); Preliminary Subdivision Plan; C-09-06 Villages of Maple Dale PND-SCHO (Conditional Use Master Plan); MI-09-06 Villages of Maple Dale Senior Housing – General Sketch Plan EXHIBITS: • Sketch Plan for Villages of Maple Dale: Planned Neighborhood Design – Senior Citizen Housing Option • Letter with graphics dated October 16, 2024 from Pennoni (Project Engineer on behalf of the U& I Maple Dale, LLC) TIMETABLE: • The Planned Neighborhood Design Option (PND) review process consists of at least two review steps which involve the City Council and then the Planning Commission. This is the first of the steps. STAFF RECOMMENDATION: The City Council shall determine whether or not the proposed project known as the Villages of Maple Dale (Updated Phase 3): Planned Neighborhood Design – Senior Citizen Housing Option is of such a design and type that warrants further review by the Planning Commission. If the City Council determines that further review is warranted, the project should be referred to the Planning Commission and a Conditional Use Application is filed for review. Planning Staff recommends that Villages of Maple Dale: Planned Neighborhood Design – Senior Citizen Housing Option be referred to the Planning Commission for further review. Page 115

City Council Meeting October 28, 2024 Item #25. Action Form on MI-24-08 Villages of Maple Dale PND-SCHO Concept Plan Referral Page 2 of 5 BACKGROUND AND ANALYSIS Property Development History The Maple Dale Country Club and golf course is developed in the mid-to late twentieth century at this location on the east side of Kenton Road. Lands surrounding the golf course are low and medium density residential developments. Turnberry is located between the site and Kenton Road and is zoned RM-1 (Medium Density Residence). Maple Dale Village (zoned RM-2), the Retreat, Fox Meadows, the Meadows, and Fox Hall (all zoned R-10) are also adjacent to the golf course. Previous Applications for Villages of Maple Dale PND-SCHO (MI-09-06, C-09-06, SB-09-04): The Villages of Maple Dale Planned Neighborhood Design-Senior Citizen Housing Option Plan for a senior citizen community began in 2009. The General Sketch Plan (MI-09-06) proposed to develop residential units on a portion of the Maple Dale Country Club golf course land while maintaining the 18-hole golf course. The owner of record, Maple Dale Country Club, Inc., proposed a plan for the construction of thirty townhouse units and three condominium (apartment style) buildings. In June 2009, the General Sketch Plan (Concept) was referred by City Council to the Planning Commission. On September 21, 2009, the Planning Commission granted conditional approval of the proposed Conditional Use/Conceptual Subdivision Plan (C-09-06) for the project. The project site, known as Villages of Maple Dale, proposed 84 residential units (30 townhouses on fee simple lots and 54 condominium apartment style units) located at the northeast side of Kenton Road and east of Maple Dale Road. It consisted of a project area totaling 13.7 acres of the overall 152.19-acre property. The development of the residential project consists of the following phases: Phase 1A of 12 townhouse units, Phase 1B of 18 townhouse units, and Phase 2 of 54 condominium units. The site development also included a new street, an associated driveway/access road system, parking, open space, and stormwater management areas. The existing golf course, driving range, and clubhouse will remain and the tennis courts and pool facilities were proposed to be relocated to accommodate the development proposal. In the third step of the review, on November 16, 2009 the City of Dover Planning Commission granted conditional approval of the Preliminary Subdivision/Site Plan (SB-09-04P) for the Villages of Maple Dale Senior Housing Community: Planned Neighborhood Design-Senior Citizen Housing Option development. This focused on the Record Plan and Construction Plans for the Phases (Phase 1A and 1B) for the townhouse units only. The associated Record Plan as recorded on September 30, 2010 creating the thirty (30) townhouse lots consisting of twelve (12) lots on Maple Dale Road and a new cul-de-sac street known as Valhalla Court for eighteen (18) townhouse unit lots. The Construction Plans for SB-09-04F focused on 4.6 acres and were approved October 18, 2010 including the stormwater management facility improvements and agreements with DelDOT for the timing of off-site improvements (lengthen deceleration lane to Maple Dale Road). No action or submission of an application to finalize the site development of Phase 2 for the condominium units was taken and the Phase of the PND-SCHO expired. Along Maple Dale Road, Phase 1A of Townhouse units is under construction. A 4-pack of townhouse units began construction in 2010 and the remaining lots sat undeveloped. In 2024, new ownership acquired the property and restarted construction of units with eight (8) townhouse units. While the townhouse lots for Phase 1B are recorded, the developer is reconfirming the approvals of the infrastructure plans for this phase prior to commencement of development activities. It is Page 116

City Council Meeting October 28, 2024 Item #25. Action Form on MI-24-08 Villages of Maple Dale PND-SCHO Concept Plan Referral Page 3 of 5 noted that with the Comprehensive Rezoning 2021 Project, the townhouse lots were rezoned to ROS (Recreational and Open Space Zone) to more clearly reflect the residential land use and size of these smaller lots. The main golf course parcel of the Maple Dale Country Club remains zoned RC (Recreational and Commercial Zone). Current Application (MI-24-08): The Plan approval for the Phase 2 (Condominiums) Area of Master Plan for the Villages of Maple Dale Planned Neighborhood Design-Senior Citizen Housing Option has lapsed. This submission restarts the process for approval of the project Master Plan focusing on the Condominium Phase (previously identified as Phase 2 now listed as Phase 3). For Villages of Maple Dale PND-SCHO, a 48-unit apartment style condominium building is proposed. The Concept/Sketch Plan (dated 10/16/2024) also depicts the layout for the building, parking lot expansion and reconfiguration, and remaining Maple Dale Country Club Clubhouse, associated buildings & amenities, and golf course, etc. The applicant has submitted a Sketch Plan Narrative Letter with graphics dated October 16, 2024 and a Concept/Sketch Plan set showing Villages of Maple Dale PND-SCHO (Updated Phase 3) as modified. The proposed modifications include a reduction in the number of proposed condominium units from 60 units to 48 units, a reconfigured parking plan, and changes to site amenities (removal of pool and tennis courts). See Attachments. Planned Neighborhood Design - Senior Citizen Housing Option The applicant is seeking approval under the Planned Neighborhood Design Ordinance for the Senior Citizen Housing Option (see Zoning Ordinance, Article 3, Section 24.1 (b)). The Ordinance sets forth a two or three-step review and approval process. In the first step, the developer shall meet with the City Council and present a general sketch plan per Zoning Ordinance, Article 3 Section 24.2. The City Council shall determine whether or not the proposed project is of such a design and type that warrants further review by the Planning Commission. If the City Council determines that further review is warranted, then the project shall proceed to the second step which is a more detailed Conditional Use Site Plan review and public hearing process before the Planning Commission. A third review step with the Planning Commission may be required depending on the type, physical size, and complexity of the project application. This submission to the City Council represents the first step in the review process for the Villages of Maple Dale PND-SCHO. The PND: Senior Citizen Housing Option is permitted all zoning classifications (with the exception of the M, IPM and C-4 zoning classifications) as a conditional use. Article 3 §24.1b notes that “preference shall be given to those projects which are within close proximity to public transit services, and which are situated within one-quarter (1/4) mile of a grocery store, pharmacy, restaurant, physician offices, senior center or similar convenience service establishment.” The PND: Senior Citizen Housing Option is intended to “…encourage the development of high quality housing opportunities design to accommodate the particular needs of senior citizens” by allowing the Planned Neighborhood Design Option through the Conditional Use process. The PND must present a community design that is in accordance with the goals and policies of the Comprehensive Plan. The Sketch Plan shall reflect the general layout of streets, open space, and housing areas and types. Page 117

City Council Meeting October 28, 2024 Item #25. Action Form on MI-24-08 Villages of Maple Dale PND-SCHO Concept Plan Referral Page 4 of 5 Comprehensive Plan Recommendations The City of Dover 2019 Comprehensive Plan as amended shows this property on the Land Development Plan Map (Map 12-1) with the Land Use Category of Open Space. The Land Development Plan Matrix (Table 12-1) notes specifically that the zoning districts of ROS and RC are appropriate for the Land Use Category of Open Space. Further described in the Comprehensive Plan, Private Open Space is associated with residential communities (see pages 12-24 and 12-25) and can also be recreational opportunities. The Maple Dale Country Club is listed as an example of a recreational type of Private Open Space. The Goal and Polices outlined for Private Open Space focus on its availability for use to meet recreational needs of the community and its long-term maintenance. The Comprehensive Plan also establishes stated goals for various types of land uses within the City limits. The stated goal for Residential Land Uses is “to develop and maintain an adequate supply of housing of varying type, size, and densities that are aesthetically pleasing and located within neighborhoods designed or redesigned to promote convenience, conservation, and access to the greater community, but which are properly buffered through distance and landscaping from incompatible land uses” (see page 12-3). A Policy is to “encourage high density residential development in infill areas that are near essential services, public transit, and employment opportunities.” One of the goals outlined in Chapter 11 – Housing & Community Development is to “Encourage Balanced Housing Opportunities for all Residents of the City.” The Comprehensive Plan acknowledges the fact that the residents aged 65+ continue to be a rapidly growing segment of the population that will require more specialized services (page 3-5), a trend also identified in previous Comprehensive Plans. In response, a previous Comprehensive Plan implementation strategy developed the Zoning Code amendment permitting Senior Citizen housing developments near the community services and transit routes that senior citizens depend upon. As a result, the Planned Neighborhood Design: Senior Citizen Housing Option Ordinance was developed and adopted by City Council on July 14, 1997 with multiple projects making use of these PND-SCHO provisions. This project for Villages of Maple Dale is being developed following the Senior Citizen Housing Option of the Planned Neighborhood Design. Summary Comments It is important to keep in mind that this proposal does not involve a rezoning of the land. The Planned Neighborhood Design – Senior Citizen Housing Option is plan specific. The land would remain zoned RC (Recreational and Commercial Zone). The PND option allows for a greater variety of housing types and allows for commercial uses while requiring 25% open space. Also, by the Zoning Ordinance provisions, in the PND: SCHO the units shall be deed restricted to require that the head of household for each housing unit be at least 55 years of age or older. This continuation of the Villages of Maple Dale PND-SCHO project proposes the construction of (Condominium) apartment building as the housing unit style. It is noted that condominiums are an ownership type and can take a variety of housing unit styles. The Planning Staff recommends this Concept (Sketch) Plan be forwarded to the Planning Commission for further review and consideration through the Conditional Use process. It is important to note this report provides a summary of the project and does not represent Conditional Use/Site Plan review commentary. A detailed Plan review for code compliance and design considerations is performed through the Conditional Use Site Plan Review process for a Planned Neighborhood Design – Senior Citizen Housing Options. Page 118

City Council Meeting October 28, 2024 Item #25. Action Form on MI-24-08 Villages of Maple Dale PND-SCHO Concept Plan Referral Page 5 of 5 Advisory Comments to Applicant: Should City Council choose to forward this proposal on to the Planning Commission for Conditional Use review, the applicant shall prepare the Conditional Use Site Plan submission in accordance with the requirements set forth in Article 3, Section 24 and Article 10, Section 1 of the City of Dover Zoning Ordinance. The act of forwarding a proposal to the Planning Commission for further review is not intended to represent, nor shall it be construed to mean that the project is approved. The approval authority over Conditional Use applications rests with the Planning Commission. Page 119

Item #25. October 16, 2024 UANDI-24002 Dover City Council City Hall – 15 Loockerman Plaza Dover, Delaware 19901 RE: Villages of Maple Dale Project – Phase 3 Planned Neighborhood Design – Senior Citizen Housing Option (PND-SCHO) Sketch Plan Narrative Dear Councilmembers: The Villages of Maple Dale is a Planned Neighborhood Design – Senior Citizen Housing Option (PND-SCHO) Project that was previously approved by the City of Dover in the following three (3) phases (see exhibit below): Phase 1 12 townhouse lots on 1.80 acres adjacent to existing Maple Dale Road Phase 2 18 townhouse lots on 3.02 acres adjacent to proposed Valhalla Court Phase 3 3 condominium buildings/parking lots on 2.86 acres adjacent to Maple Dale Circle Phase 1 construction is well underway, and the current property owner, U & I Maple Dale LLC (U & I), is now interested in pursuing changes to the proposed Phase 3 development. Specifically, in lieu of three (3) condominium buildings comprising a total of sixty (60) units, U & I is interested in constructing one (1) condominium building comprised of forty-eight (48) units in the same general location. In addition, and as discussed at our Pre-Application Meeting with the City of Dover Department of Planning and Inspections on October 10, 2024, the undeveloped Phase 3 has expired and updated approval is required to pursue Phase 3 of this PND-SCHO Project. Christiana Executive Campus 121 Continental Drive, Suite 207 T: 302-655-4451 www.pennoni.com Page 120 Newark, DE 19713 Page 1 of 4

Item #25. UANDI-24002 Villages of Maple Dale Project – Phase 3 U & I Maple Dale LLC October 16, 2024 Page 2 of 4 A Sketch Plan, prepared by Pennoni and dated October 16, 2024, is being submitted to Dover City Council for consideration of Modified Phase 3 of the Villages of Maple Dale as part of the PND-SCHO. Please consider the following: MODIFIED PHASE 3 DEVELOPMENT SUMMARY The subject area is currently occupied by a swimming pool, pool house, tennis courts, and maintenance road for members and staff of Maple Dale Country Club. It is our understanding that both the swimming pool and tennis courts are no longer in operation. The site is accessed via Maple Dale Circle, a private drive. Pine Valley Road, a City of Dover municipal street (Urban Local), lies directly northwest of the subject area. The subject area is part of the 147.29± acre Maple Dale Country Club Property (Tax Parcel #ED-05-067.00-04-01.00-000) and is zoned RC (Recreation/Commercial). See exhibit below. The existing swimming pool, pool house, and tennis courts are to be removed and a three (3)-story, 55,350± GFA, 48- unit senior condominium building with associated site amenities (i.e., parking, drive aisles, sidewalks, stormwater management areas (if necessary), utilities, etc.) are proposed. See exhibit below. PLANNED NEIGHBORHOOD DESIGN – SENIOR CITIZEN HOUSING OPTION (PND-SCHO) U & I is seeking Modified Phase 3 Approval under the Planned Neighborhood Design Ordinance for the Senior Citizen Housing Option (see Zoning Ordinance, Article 3, Section 24.1 (b)). The Zoning Ordinance sets forth a multi-step review- and-approval process. In the first step, U & I shall meet with City Council and present a General Sketch Plan. City Council shall determine whether the proposed project is of such a design and type that warrants further review by the Planning Commission. If City Council determines that further review is warranted, then the project shall proceed to the next step which is a more detailed Conditional Use Site Plan review and public hearing process before the Planning Commission. This submission to City Council represents the first step in the review process for Phase 3 of the Villages of Maple Dale Project, which is permitted as a Conditional Use in the RC zoning district. Article 3, Section 24.1 (b) states that “preference shall be given to those projects which are within close proximity to public transit services, and which are situated within one-quarter (¼) mile of a grocery store, pharmacy, restaurant, physician office, senior center or similar Page 121

Item #25. UANDI-24002 Villages of Maple Dale Project – Phase 3 U & I Maple Dale LLC October 16, 2024 Page 3 of 4 convenience service establishment.” The PND-SCHO is intended to “encourage the development of high-quality housing opportunities designed to accommodate the particular needs of senior citizens” through the Conditional Use process. The PND-SCHO must present a community design that is in accordance with the goals and policies of the Comprehensive Plan. COMPREHENSIVE PLAN RECOMMENDATIONS The City of Dover 2019 Comprehensive Plan stipulates that that the Maple Dale Country Club Property be used as private open space. The City of Dover Zoning Code permits residential development on the Maple Dale Country Club as a Conditional Use under the Planned Neighborhood Design – Senior Citizen Housing Option (PND-SCHO). The Comprehensive Plan goes on to explain that private open space is most often located within residential communities as a result of the set aside of these areas as part of the development process and the City’s development requirements. These lands are frequently owned and maintained by private homeowner’s associations or similar management organizations. Private open space may be improved to include playground equipment and playing fields to serve recreational needs. Private open space may also consist of vacant fields, wooded areas, stormwater ponds, and floodplain areas which serve as passive recreation. A purely recreation type of private open space comes in the form of private clubs. These include golf and country clubs, such as the Maple Dale Country Club. Other types of clubs, such as the YMCA, provide various recreational opportunities to their members. Assumptions: Private Open Space 1. Neighborhood parks and other recreation areas under the management of private homeowners’ associations allow residents to have a sense of ownership of these areas and more freedom in terms of the type of park area desired. 2. Private clubs and organizations provide significant opportunities for the recreation of members. 3. Private open spaces must include areas suitable for active and passive uses not merely “left over” or Page 122

Item #25. UANDI-24002 Villages of Maple Dale Project – Phase 3 U & I Maple Dale LLC October 16, 2024 Page 4 of 4 marginally developable portions of the development. Goal: Private Open Space Promote the construction of neighborhood parks and playgrounds within new residential developments and cooperate with the private sector and community homeowner’s associations to help them meet their recreational needs including the creation of new private efforts that help meet the recreational needs of the community. Policies: Private Open Space 1. Continue, through provisions of the Zoning Ordinance, to ensure that new developments are provided with private recreational areas and open space commensurate with the size and nature of the development. 2. Develop creative ways to meet the City’s recreational needs, possibly through partnerships with the private sector, the State, or local community groups. Recommendations: Private Open Space The Land Development Plan does not generally specify open space areas within large tracts of developable land. Their placement and size are dependent on individual design proposals and the needs of the particular community. In general, these areas should be centrally located and accessible to residents via sidewalks and pedestrian paths. Upon adoption of a development plan and their identification for open space, the land area may be considered for rezoning to ROS zone. The Comprehensive Plan also acknowledges the fact that senior residents are a rapidly growing segment of the population that will require more specialized services. This trend was also identified in previous Comprehensive Plans and in response, a previous Comprehensive Plan implementation strategy recommended the development of a Zoning Code amendment permitting Senior Citizen housing developments near the community services and transit routes that senior citizens depend upon. As a result, the Planned Neighborhood Design: Senior Citizen Housing Option Ordinance was developed and adopted by City Council. Multiple projects in the City of Dover have utilized these provisions. SUMMARY • This project is being developed following the Senior Citizen Housing Option of the Planned Neighborhood Design. • This proposal does not involve a rezoning of land. The land would remain zoned RC (Recreation/Commercial). • The Planned Neighborhood Design – Senior Citizen Housing Option is plan specific. • The PND option allows for a greater variety of housing types. • The proposed units shall be deed restricted to require that the head of household for each housing unit be at least 55 years of age or older. Thank you for your consideration of this project. If you have any questions/comments or require additional information, please do not hesitate to contact me at (302) 353-7587. Respectfully submitted, PENNONI ASSOCIATES INC. Douglas D. Barry, PE, Associate Vice President cc: Mr. Usman Sandhu – U & I Maple Dale LLC Mr. Conny Malmberg – The Malmberg Firm Page 123

Item #25. PENNONI ASSOCIATES INC. PROPERTY INFORMATION TAX PARCEL NUMBER 2-05-06700-04-0100-000 PROPERTY ADDRESS 180 MAPLE DALE CIRCLE Christiana Executive Campus DOVER, DELAWARE 19904 PROPERTY OWNER U & I MAPLE DALE LLC PROPERTY OWNER ADDRESS 1200 S BAY ROAD DOVER, DELAWARE 19901 121 Continental Drive, Suite 207 LOT SIZE 147.29 ACRES ZONING RC (RECREATION/COMMERCIAL) DEED BVP D12925/140 PLAT BOOK D154-0099 PARKING REQUIREMENTS Newark, DE 19713-4310 T 302.655.4451 F 302.654.2895 REQUIRED PARKING 2.25 SPACES PER DWELLING UNIT 2.25 * 48 = 108 SPACES PROPOSED PARKING 108 SPACES REFUSE REQUIREMENTS ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR REQUIRED DUMPSTERS 2 PROPOSED DUMPSTERS 2 RECREATION REQUIREMENTS REQUIRED ACTIVE RECREATION 275 SF PER DWELLING UNIT, OR 0.50 AC, WHICHEVER GREATER 275 * 48 = 13,200 SF 0.50 ACRES AND OWNER MUST BE NOTIFIED OF ANY PROPOSED ACTIVE RECREATION TO BE DETERMINED DISCREPANCIES BEFORE PROCEEDING WITH WORK VILLAGES OF MAPLE DALE PHASE 3 CITY OF DOVER, KENT COUNTY, DELAWARE U & I MAPLE DALE LLC SKETCH PLAN DOVER, DELAWARE 19901 1200 S BAY ROAD PLOTSTYLE:PAIBase Half Size.ctbPROJECT STATUS: ---- # # # # # BY X:\PROPOSALS\Region 4 DELMAR-DC\Newark\0601\2024\UANDI-24002-P Villages of Maple Dale Phase 3\Sketch Plan.dwg PLOTTED:10/15/2024 3:05 , PMBY:Douglas Barry REVISIONS # # # # # # # # # # # # NO. DATE # # # # # # ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO PENNONI ASSOCIATE; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM. PROJECT UANDI-24002 DATE 2024-10-16 DRAWING SCALE 1"=30' DRAWN BY DDB APPROVED BY 0 30' 60' SK-1 SHEET 1 OF 1 Page 124

Item #26. ACTION FORM PROCEEDING: Committee Action, Legislative. Finance & Administration Committee (REVISED) DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 9/04/24 (10/18/24) PREPARED BY: David S. Hugg III, City Manager SUBJECT: Disposal of Surplus Property Adjacent to 600 Forest Street - Parcel ID ED05-076.12-02-75.00 REFERENCE: Sec. 2-425(D) Sale to Adjacent Owner RELATED PROJECT: West Grand, LLC Development Project (request from Erin Barrett, daughter of owner) REVIEWED BY: David S. Hugg III EXHIBITS: Survey and Property Card. EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: As soon as possible STAFF RECOMMENDATION: Approve sale of surplus property to adjacent property owner BACKGROUND AND ANALYSIS The history behind this request is important to understanding the recommendation. This parcel has been consistently listed in the county tax records as being owned by Linda Duncan and part of the parcel addressed as 600 Forest Street. However, the general city management opinion is that it should be considered as city- owned, along with the extension of S. Kirkwood Street (aka Jerusalem Street) and the small triangle where the city clock is located. In order to resolve the ownership interest, staff reached out to Becker Morgan who had completed a recent survey on behalf of Erin Barrett. Becker Morgan traced title back to the early 1900’s and based on this research their opinion is the City of Dover does own the area in question. They found a deed from 1901, that sells a larger piece of property from Hartnett (Lumber Company) to Delaware Railroad Company. This piece of property includes a good portion of Duncan property, the area in question and the triangle piece on east side of connector road. This property remained owned by the DE RR Co. until 1958, when they then started selling portions of it. The first deed out was to the City of Dover in 1958 and based on the description in the deed it includes the area in question, the connecter road, and the triangle piece. In 1959 the DE RR Co. then sold a large piece to the State of Delaware, which is adjacent to the subject property to the west and south. In 1961, they sold two small pieces of remaining lands back to Hartnett, which then was sold to Duncan in 1999, along with a small triangular piece, which is the northern portion of subject property. Although the county tax parcel files do not agree, the attached survey shows a small parcel of city-owned property on Forest Street west of the extension of S. Kirkwood Street (aka as Jerusalem Way). The daughter of the owner (Erin Barrett) has reached out to see if the city would agree to sell this area to allow her more flexibility to develop the adjacent parcel that they own. For years, based on the County tax parcel files, we have assumed that the entire triangle including the point where a city clock is located was part of the Duncan properties. With this new survey that small area is now confirmed as city owned. It is surplus to our needs and under the code provisions relating to surplus city property seems to fall under Section 2-425 (D) sale to an abutting owner. The Solicitor confirmed that Sec.2-4325(D) could apply. Page 125

Item #26. Subsequently, GIS and Assessor staff worked with Kent County to create a separate parcel ID, determine the acreage and provide an assessment of value. The parcel ID is ED05-076.12-02-75.00, encompassing 0.21 acres with an assessed value of $54,600.* RECOMMENDATION: Sec. 2-425(D) states that an exception to the standard means of disposal includes: Exception D—Sale of small or irregular shaped lot to an abutting owner. If any excess parcel of land is too small or irregular in shape to be of any value to anyone other than an abutting owner, it may be sold to such owner at either its fee appraised fair market value, or at its fair market value as established by the city's assessment records, whichever city council shall select. The costs of the appraisal and all legal costs shall be paid by the owner requesting the conveyance. Staff recommends that this parcel be offered to Erin Barrett at its current assessed value, that no appraisal is warranted, and that the buyer pay all legal fees. *Following the Council’s consideration and concern over the assessed valuation, staff asked the assessor (Tyler Technologies) to review their value. They determined that an error was made and corrected the value to $15,200. Staff recommend that the revised value be used in consideration of the sale. Erin Barrett advised that she is willing to pay the revised price of $15,200 Page 126

Item #27. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Legislative, Finance and Administration Committee) DEPARTMENT OF ORIGIN: City Manager’s Office SUBMITTED ON: October 23, 2024 PREPARED BY: Dave Hugg, City Manager and Ann Marie Townshend, Rossi Group REVIEWED BY: Dave Hugg, City Manager SUBJECT: Recreational Marijuana Land Uses and Related Zoning Regulations TIMETABLE: Recommendation from Council Committee of the Whole October 15, 2024 First Reading of Recommended Ordinances October 28, 2024 Planning Commission Hearing on Recommended Ordinances November 18, 2024 Council Hearing and Action on Recommended Ordinances December 9, 2024 Expiration of Moratorium December 31, 2024 RELATED PROJECT: n/a EXHIBITS: Ordinance #2024-24 (licensing for cultivation, manufacturing, and testing) Ordinance #2024-25 (licensing for retail) Ordinance #2024-29 (zoning for cultivation, manufacturing, and testing) Ordinance #2024-30 (zoning for retail) REFERENCE: n/a EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): n/a STAFF RECOMMENDATION: That City Council provide direction to staff on their selected path forward to meet the proposed timetable. BACKGROUND AND ANALYSIS: On October 15, 2024, the CCW voted to forward four (4) ordinances to address business licensing and zoning of marijuana-related businesses to City Council for considerations. The two (2) ordinances that address zoning are subject to public hearing before the Planning Commission and City Council. The information provided below is to summarize the draft ordinances. Following the action of the CCW, the Page 127

Item #27. draft ordinances were renumbered to provide each ordinance with a unique number.  Ordinance #2024-24 – (Previously #2024-24A) This draft ordinance would establish the business license fee for marijuana cultivation, manufacturing, and testing facilities.  Ordinance #2024-25 – (Previously #2024-24B) This draft ordinance would establish the business license fee for marijuana retail stores and compassion centers.  Ordinance #2024-29 – (Previously #2024-25A) This draft ordinance would permit marijuana cultivation, manufacturing and testing facilities in the Manufacturing (M) and Industrial Park Manufacturing (IPM) zones and would allow marijuana cultivation in the Agriculture (A) zone. It would also establish the standards by which such businesses would be required to operate, including: o Confirming that compassion centers (retail only) are permitted in all commercial zones where retail uses are permitted; o Requiring the building footprint for marijuana cultivation facilities or marijuana product manufacturing facilities be at least 750 feet away from any residential zone, the lot line of any private or public K-12 school, hospital, college or university, child day care center, or State of Delaware licensed substance abuse disorder treatment facilities; o Requiring that the building footprint of marijuana product testing facilities be at least 750 feet away from any residential zone, the lot line of any private or public K-12 school, hospital, child day care center, or State of Delaware licensed substance abuse disorder treatment facilities; o Requiring that marijuana cultivation facilities and marijuana product manufacturing facilities install odor control technology and that all openings, windows and entryways for such facilities be covered to prevent view into the interior from any public or semipublic area; o Requiring that applicants for marijuana cultivation and marijuana product manufacturing uses comply with the provisions of the water, wastewater and electric handbooks, and that any the cost of utility upgrades required to support the utility demand for these facilities would be the responsibility of the applicant. The draft ordinance would also establish definitions for the marijuana land uses that are consistent with the State definitions.  Ordinance #2024-30 – (Previously #2024-30) This draft ordinance would permit marijuana retail stores in the Highway Commercial (C-4) zone, establish a definition for “retail marijuana store” consistent with the State regulations, and establish the standards by which such businesses would be required to operate, including: o Requiring that the building footprint for retail marijuana stores be at least 500 feet away from the lot line of any private or public K-12 school, child daycare center, State of Delaware licensed substance abuse disorder treatment facility, hospital, college, or university and at least 250 feet from any residential zone; o Requiring that the building footprint for a retail marijuana store be at least one (1) mile from the lot line of any other marijuana retail store within the City of Dover; o Requiring that that all openings, windows and entryways for retail marijuana stores be covered to prevent view into the interior from any public or semipublic area; o Allowing for a compassion center licensed by the State before January 1, 2024, to be permitted to convert to a retail marijuana store exempt from the distancing requirements. Page 128

Item #27. City of Dover CITY OF DOVER PROPOSED ORDINANCE #2024-29 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 3 – District Regulations, Section 19 – Manufacturing Zone 5 (M) be amended by inserting the text indicated in bold, blue font as follows: 6 7 Section 19. – Manufacturing Zone (M). 8 9 19.1 Uses permitted. No building or premises shall be used, and no building or part of a building 10 shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any 11 purpose, except the following, and in accordance with performance standards procedure as set 12 forth in article 5, section 8 and subject to the site development plan approval as set forth in article 13 10, section 2: 14 15 19.17 Railroad yards, sidings, and storage facilities. 16 17 19.18 Marijuana cultivation facilities, marijuana manufacturing facilities, and 18 marijuana testing facilities subject to the requirements outlined in article 5, 19 section 24. 20 21 19.18 19.19 Accessory uses: 22 23 (a) On-site offices, clinics, food service facilities, recreation facilities and child day care 24 services collocated within the permitted use and limited to exclusive use by employees, 25 and such other accessory uses and structures clearly incidental to, and customary to and 26 associated with the permitted use. 27 (b) The following uses may be permitted as conditional uses if approved by the planning 28 commission in accordance with the provisions and procedures set forth in article 10, 29 section 1 and any specified requirements set forth below: 30 31 (1) Associated retail uses in conjunction with and accessory to a permitted use, 32 provided that the associated retail uses do not occupy more than 30 percent of 33 the gross floor area of the building or group of buildings on a lot. Parking shall 34 be provided at a rate of one parking space per 300 square feet of retail space for 35 the exclusive use of retail customers in addition to the bulk parking requirements 36 of this zoning district for a particular use. 37 Page 129

Item #27. 38 (2) Outside storage which is incidental to the primary uses on the lot, within a 39 completely enclosed and secure area appropriately screened from public view 40 and not in any required setback from property lines. 41 42 BE IT FURTHER ORDAINED: 43 44 That Appendix B – Zoning, Article 3 – District Regulations, Section 20 – Industrial Park 45 Manufacturing Zone (IPM) be amended by inserting the text indicated in bold, blue font as follows: 46 47 Section 20. – Industrial Park Manufacturing Zone (IPM). 48 49 20.1 Uses permitted. No building or premises shall be used and no building or part of a building 50 shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any 51 purpose, except the following, and in accordance with performance standards procedure as set 52 forth in article 5, section 8, and subject to site development plan approval as set forth in article 10, 53 section 2: 54 55 20.19 Marijuana cultivation facilities, marijuana manufacturing facilities, and 56 marijuana testing facilities, subject to the requirements outlined in Article 5, 57 Section 24. 58 59 BE IT FURTHER ORDAINED: 60 61 That Appendix B – Zoning, Article 3 – District Regulations, Section 23 – Agricultural Zone (A) 62 be amended by inserting the text indicated in bold, blue font as follows: 63 64 Section 23 - Agricultural Zone (A). 65 66 23.1 Uses Permitted. In an agricultural zone (A), no land or building shall be used and no building 67 or part of a building shall be erected or altered which is arranged, intended or designed to be used, 68 in whole or in part, for any uses except the following: 69 70 23.17 Marijuana cultivation facilities, subject to the requirements outlined in Article 71 5, Section 24. 72 73 BE IT FURTHER ORDAINED: 74 75 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the 76 text indicated in bold, blue font as follows: 77 78 Section 24. Marijuana Related Businesses. 79 80 24.1 Purpose. The purpose of this section is to protect public health and safety by 81 applying standards under which marijuana related businesses may operate 82 within the City of Dover, Delaware. 83 Page 130

Item #27. 84 24.2 A compassion center is classified as retail use and is permitted in all commercial 85 zones where retail uses are permitted. 86 87 24.3 Where permitted in accordance with Article 3, marijuana cultivation facilities 88 are subject to the following restrictions: 89 90 24.31 The building footprint within which a marijuana cultivation facility is to 91 be located shall be at least 750 feet away from any residential zone, and any 92 private or public K-12 school, hospital, college or university, child day care 93 center, or State of Delaware licensed substance abuse disorder treatment 94 facility. 95 96 24.32 All marijuana cultivation facilities shall install odor control technology, 97 as necessary, to control ventilation at the establishment in such a manner that 98 no odor from cannabis products can be detected outside the building on the 99 same property or on adjacent properties or in public rights-of-way, or within 100 any other unit located within the same building. The facility owner/operator 101 shall properly maintain all odor mitigation equipment to ensure maximum 102 efficiency. An application for a certificate of occupancy shall be accompanied 103 by a certification by a Professional Engineer, Certified Industrial Hygienist, or 104 other equivalently qualified professional that proposed odor control measures 105 will effectively eliminate outdoor odors associated with the cultivation of 106 marijuana. 107 108 24.33 An application for a certificate of occupancy shall be accompanied by a 109 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 110 State Code. 111 112 24.34 All building openings, entries and windows shall be located, covered or 113 screened in such a manner as to prevent a view into the interior from any public 114 or semipublic area. 115 116 24.35 The applicant is responsible for complying with the Code of Ordinances 117 of the City of Dover, Delaware including all provisions in Chapter 110, Article 118 II, Sec. 110-31 and Chapter 110, Article III, Sec. 110-63. 119 120 24.36 The applicant is responsible for all costs associated with infrastructure 121 upgrades, alterations, changes, or extensions required to provide adequate 122 water, wastewater, and electric utility service, including off-site upgrades 123 required to support the demand for water, wastewater, and electric utility 124 service. 125 126 24.4 Where permitted in accordance with Article 3, marijuana product 127 manufacturing facilities are subject to the following restrictions: 128 129 24.41 The building footprint within which a marijuana product manufacturing Page 131

Item #27. 130 facility is to be located shall be at least 750 feet away from any residential zone, 131 and from the lot line of any private or public K-12 school, hospital, college or 132 university, child day care center, or State of Delaware licensed substance abuse 133 disorder treatment facility. 134 135 24.42 All marijuana product manufacturing facilities shall install odor control 136 technology, as necessary, to control ventilation at the establishment in such a 137 manner that no odor from cannabis products can be detected outside the 138 building on the same property or on adjacent properties or in public rights-of- 139 way, or within any other unit located within the same building. The facility 140 owner/operator shall properly maintain all odor mitigation equipment to 141 ensure maximum efficiency. An application for a certificate of occupancy shall 142 be accompanied by a certification by a Professional Engineer, Certified 143 Industrial Hygienist, or other equivalently qualified professional that proposed 144 odor control measures will effectively eliminate outdoor odors associated with 145 the manufacturing of marijuana. 146 147 24.43 An application for a certificate of occupancy shall be accompanied by a 148 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 149 State Code. 150 151 24.44 All building openings, entries, and windows shall be located, covered, or 152 screened in such a manner as to prevent a view into the interior from any public 153 or semipublic area. 154 155 24.45 The applicant is responsible for complying with the Code of Ordinances 156 of the City of Dover, Delaware including all provisions in Chapter 110, Article 157 II, Sec. 110-31 and Chapter 110, Article III, Sec. 110-63. 158 159 24.46 The applicant is responsible for all costs associated with infrastructure 160 upgrades, alterations, changes, or extensions required to provide adequate 161 water, wastewater, and electric utility service, including off-site upgrades 162 required to support the demand for water, wastewater, and electric utility 163 service. 164 165 24.5 Where permitted in accordance with Article 3, marijuana testing facilities are 166 subject to the following restrictions: 167 24.51 The building footprint upon which a marijuana testing facility is to be 168 located shall be at least 750 feet away from any residential zone, and from the 169 lot line of any private or public K-12 school, hospital, child day care center, or 170 State of Delaware licensed substance abuse disorder treatment facility. 171 172 24.52 An application for a certificate of occupancy shall be accompanied by a 173 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 174 State Code. 175 Page 132

Item #27. 176 BE IT FURTHER ORDAINED: 177 178 That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated in 179 bold, blue font in proper alphabetical order as follows: 180 181 Article 12. – Definitions. 182 183 Compassion center means an entity registered pursuant to § 4914A of Title 16 of the 184 Delaware State Code that acquires, possesses, sells, supplies, or dispenses marijuana, 185 paraphernalia, or related supplies and educational materials to registered qualifying 186 patients who have designated the dispenser to cultivate marijuana for their medical use and 187 the registered designated caregivers of these patients. 188 189 Marijuana cultivation facility or cultivation facility means an entity licensed by the 190 State of Delaware to cultivate, prepare, and package marijuana and sell marijuana to retail 191 marijuana stores, to marijuana product manufacturing facilities, and to other marijuana 192 cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce 193 marijuana concentrates, tinctures, extracts, or other marijuana products. 194 195 Marijuana product manufacturing facility means an entity licensed by the State of 196 Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products; 197 and sell marijuana and marijuana products to other marijuana product manufacturing 198 facilities and retail marijuana stores, but not to consumers. 199 200 Marijuana testing facility means an entity licensed by the State of Delaware to test 201 marijuana for potency and contaminants. 202 203 204 ADOPTED: * 205 206 207 SYNOPSIS 208 This ordinance amends Appendix B- Zoning of the Dover Code by adding definitions of 209 marijuana-related businesses (with the exception of retail stores), allowing these businesses to 210 operate as permitted uses in certain zones, and adding supplementary regulations, by which these 211 businesses must abide. 212 213 (SPONSORS: ANDERSON and NEIL) 214 215 216 Action History 217 10/28/2024 – Scheduled for First Reading – City Council (Ordinance number changed from 218 #2024-25A to #2024-29) 219 10/15/2024 – Introduction – Council Committee of the Whole/ Legislative, Finance, and 220 Administration Committee (Split into 25A) 221 09/24/2024 – Council Committee of the Whole / Legislative, Finance and Administration Page 133

Item #27. 222 Committee 223 08/05/2024 – Deferred from 06/11/2024 – Special Legislative, Finance, and Administration 224 Committee (Split into two parts) 225 06/11/2024 – Introduction – Council Committee of the Whole/Legislative, Finance, and 226 Administration Committee. Page 134

Item #27. MAP ATTACHMENTS: The following maps are for demonstration purposes only. They are not regulatory maps. 1. Map based on Ordinance #2024-29 (zoning for cultivation, manufacturing, and testing) as proposed 2. Map based on Ordinance #2024-30 (zoning for retail) as proposed 3. Map of zoning for marijuana cultivation, manufacturing and testing sites with no buffers 4. Map of zoning for marijuana retail sites with no buffers 5. Map of zoning for marijuana cultivation, manufacturing and testing sites with 500’ buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day care centers, State of Delaware licensed substance abuse disorder treatment facilities and places of worship 6. Map of zoning for marijuana retail sites with 500’ buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day care centers, State of Delaware licensed substance abuse disorder treatment facilities and places of worship 7. Map of zoning for marijuana cultivation, manufacturing and testing sites with 750’ buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day care centers, State of Delaware licensed substance abuse disorder treatment facilities and places of worship 8. Map of zoning for marijuana retail sites with 750’ buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day care centers, State of Delaware licensed substance abuse disorder treatment facilities and places of worship 9. Map of zoning for marijuana cultivation, manufacturing and testing sites with 1000’ buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day care centers, State of Delaware licensed substance abuse disorder treatment facilities and places of worship 10. Map of zoning for marijuana cultivation, manufacturing and testing sites with 1000’ buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day care centers, State of Delaware licensed substance abuse disorder treatment facilities and places of worship Page 135

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Item #28. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Legislative, Finance and Administration Committee) DEPARTMENT OF ORIGIN: City Manager’s Office SUBMITTED ON: October 23, 2024 PREPARED BY: Dave Hugg, City Manager and Ann Marie Townshend, Rossi Group REVIEWED BY: Dave Hugg, City Manager SUBJECT: Recreational Marijuana Land Uses and Related Zoning Regulations TIMETABLE: Recommendation from Council Committee of the Whole October 15, 2024 First Reading of Recommended Ordinances October 28, 2024 Planning Commission Hearing on Recommended Ordinances November 18, 2024 Council Hearing and Action on Recommended Ordinances December 9, 2024 Expiration of Moratorium December 31, 2024 RELATED PROJECT: n/a EXHIBITS: Ordinance #2024-24 (licensing for cultivation, manufacturing, and testing) Ordinance #2024-25 (licensing for retail) Ordinance #2024-29 (zoning for cultivation, manufacturing, and testing) Ordinance #2024-30 (zoning for retail) REFERENCE: n/a EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): n/a STAFF RECOMMENDATION: That City Council provide direction to staff on their selected path forward to meet the proposed timetable. BACKGROUND AND ANALYSIS: On October 15, 2024, the CCW voted to forward four (4) ordinances to address business licensing and zoning of marijuana-related businesses to City Council for considerations. The two (2) ordinances that address zoning are subject to public hearing before the Planning Commission and City Council. The information provided below is to summarize the draft ordinances. Following the action of the CCW, the Page 146

Item #28. draft ordinances were renumbered to provide each ordinance with a unique number.  Ordinance #2024-24 – (Previously #2024-24A) This draft ordinance would establish the business license fee for marijuana cultivation, manufacturing, and testing facilities.  Ordinance #2024-25 – (Previously #2024-24B) This draft ordinance would establish the business license fee for marijuana retail stores and compassion centers.  Ordinance #2024-29 – (Previously #2024-25A) This draft ordinance would permit marijuana cultivation, manufacturing and testing facilities in the Manufacturing (M) and Industrial Park Manufacturing (IPM) zones and would allow marijuana cultivation in the Agriculture (A) zone. It would also establish the standards by which such businesses would be required to operate, including: o Confirming that compassion centers (retail only) are permitted in all commercial zones where retail uses are permitted; o Requiring the building footprint for marijuana cultivation facilities or marijuana product manufacturing facilities be at least 750 feet away from any residential zone, the lot line of any private or public K-12 school, hospital, college or university, child day care center, or State of Delaware licensed substance abuse disorder treatment facilities; o Requiring that the building footprint of marijuana product testing facilities be at least 750 feet away from any residential zone, the lot line of any private or public K-12 school, hospital, child day care center, or State of Delaware licensed substance abuse disorder treatment facilities; o Requiring that marijuana cultivation facilities and marijuana product manufacturing facilities install odor control technology and that all openings, windows and entryways for such facilities be covered to prevent view into the interior from any public or semipublic area; o Requiring that applicants for marijuana cultivation and marijuana product manufacturing uses comply with the provisions of the water, wastewater and electric handbooks, and that any the cost of utility upgrades required to support the utility demand for these facilities would be the responsibility of the applicant. The draft ordinance would also establish definitions for the marijuana land uses that are consistent with the State definitions.  Ordinance #2024-30 – (Previously #2024-30) This draft ordinance would permit marijuana retail stores in the Highway Commercial (C-4) zone, establish a definition for “retail marijuana store” consistent with the State regulations, and establish the standards by which such businesses would be required to operate, including: o Requiring that the building footprint for retail marijuana stores be at least 500 feet away from the lot line of any private or public K-12 school, child daycare center, State of Delaware licensed substance abuse disorder treatment facility, hospital, college, or university and at least 250 feet from any residential zone; o Requiring that the building footprint for a retail marijuana store be at least one (1) mile from the lot line of any other marijuana retail store within the City of Dover; o Requiring that that all openings, windows and entryways for retail marijuana stores be covered to prevent view into the interior from any public or semipublic area; o Allowing for a compassion center licensed by the State before January 1, 2024, to be permitted to convert to a retail marijuana store exempt from the distancing requirements. Page 147

Item #28. City of Dover CITY OF DOVER PROPOSED ORDINANCE #2024-30 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 3 – District Regulations, Section 16 – Highway Commercial 5 Zone (C-4) be amended by inserting the text indicated in bold, blue text as follows: 6 7 Section 16. Highway Commercial Zone (C-4). 8 9 16.1 Uses permitted. In a highway commercial zone (C-4), no building or premises shall be used, 10 and no building or part of a building shall be erected, which is arranged, intended, or designed to 11 be used, in whole or in part, for any purpose, except the following: 12 13 (q) Retail marijuana stores, subject to the requirements outlined in Article 5, Section 24. 14 15 BE IT FURTHER ORDAINED: 16 17 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the 18 text indicated in bold, blue font as follows: 19 20 24.6 Where permitted in accordance with Article 3, retail marijuana stores are 21 subject to the following restrictions: 22 23 24.61 The building footprint upon which a retail marijuana store is to be 24 located shall be at least 500 feet away from any private or public K-12 school, 25 child daycare center, State of Delaware licensed substance abuse disorder 26 treatment facility, hospital, and at least 250 feet away from any residential zone, 27 and from the lot line of any college or university. 28 29 24.62 The building footprint within which a retail marijuana store is to be 30 located shall be at least 1 mile away from the lot line of any other retail 31 marijuana store within the City of Dover. 32 33 24.63 An application for a certificate of occupancy shall be accompanied by a 34 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 35 State Code. 36 37 24.64 All building openings, entries, and windows shall be located, covered, or 38 screened in such a manner as to prevent a view into the interior from any public Page 148

Item #28. 39 or semipublic area. 40 24.7 A Compassion Center licensed by the State of Delaware on or before January 1, 41 2024, that obtains a conversion license under the State of Delaware Marijuana 42 Regulations, must comply with the requirements of Article 3 District Regulations, and 43 shall be exempt from distancing requirements detailed in Appendix B- Zoning, 44 Article 5- Supplementary Regulations, 24.61 and 24.62. 45 46 BE IT FURTHER ORDAINED: 47 48 That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated in 49 bold, blue font in proper alphabetical order as follows: 50 51 Article 12. – Definitions. 52 53 Retail marijuana store means an entity licensed by the State of Delaware to purchase 54 marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana 55 products from marijuana product manufacturing facilities; and to sell marijuana and 56 marijuana products to consumers. 57 58 59 ADOPTED: * 60 61 62 SYNOPSIS 63 This ordinance amends Appendix B- Zoning of the Dover Code by adding the definition of retail 64 marijuana store, allowing retail marijuana stores to operate as permitted uses in certain zones, and 65 adding supplementary regulations, by which retail marijuana stores must abide. 66 67 (SPONSORS: ANDERSON and NEIL) 68 69 70 Action History 71 10/28/2024 – Scheduled for First Reading – City Council (Ordinance number changed from 72 #2024-25B to #2024-30) 73 10/15/2024 – Introduction – Council Committee of the Whole/ Legislative, Finance, and 74 Administration Committee (Split into 25B) 75 09/24/2024 – Council Committee of the Whole / Legislative, Finance and Administration 76 Committee 77 08/05/2024 – Deferred from 06/11/2024 – Special Legislative, Finance, and Administration 78 Committee (Split into two parts) 79 06/11/2024 – Introduction – Council Committee of the Whole/Legislative, Finance, and 80 Administration Committee. 81 Page 149

Item #28. MAP ATTACHMENTS: The following maps are for demonstration purposes only. They are not regulatory maps. 1. Map based on Ordinance #2024-29 (zoning for cultivation, manufacturing, and testing) as proposed 2. Map based on Ordinance #2024-30 (zoning for retail) as proposed 3. Map of zoning for marijuana cultivation, manufacturing and testing sites with no buffers 4. Map of zoning for marijuana retail sites with no buffers 5. Map of zoning for marijuana cultivation, manufacturing and testing sites with 500’ buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day care centers, State of Delaware licensed substance abuse disorder treatment facilities and places of worship 6. Map of zoning for marijuana retail sites with 500’ buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day care centers, State of Delaware licensed substance abuse disorder treatment facilities and places of worship 7. Map of zoning for marijuana cultivation, manufacturing and testing sites with 750’ buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day care centers, State of Delaware licensed substance abuse disorder treatment facilities and places of worship 8. Map of zoning for marijuana retail sites with 750’ buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day care centers, State of Delaware licensed substance abuse disorder treatment facilities and places of worship 9. Map of zoning for marijuana cultivation, manufacturing and testing sites with 1000’ buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day care centers, State of Delaware licensed substance abuse disorder treatment facilities and places of worship 10. Map of zoning for marijuana cultivation, manufacturing and testing sites with 1000’ buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day care centers, State of Delaware licensed substance abuse disorder treatment facilities and places of worship Page 150

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Item #29. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Legislative, Finance and Administration Committee) DEPARTMENT OF ORIGIN: City Manager’s Office SUBMITTED ON: October 23, 2024 PREPARED BY: Dave Hugg, City Manager and Ann Marie Townshend, Rossi Group REVIEWED BY: Dave Hugg, City Manager SUBJECT: Recreational Marijuana Land Uses and Related Zoning Regulations TIMETABLE: Recommendation from Council Committee of the Whole October 15, 2024 First Reading of Recommended Ordinances October 28, 2024 Planning Commission Hearing on Recommended Ordinances November 18, 2024 Council Hearing and Action on Recommended Ordinances December 9, 2024 Expiration of Moratorium December 31, 2024 RELATED PROJECT: n/a EXHIBITS: Ordinance #2024-24 (licensing for cultivation, manufacturing, and testing) Ordinance #2024-25 (licensing for retail) Ordinance #2024-29 (zoning for cultivation, manufacturing, and testing) Ordinance #2024-30 (zoning for retail) REFERENCE: n/a EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): n/a STAFF RECOMMENDATION: That City Council provide direction to staff on their selected path forward to meet the proposed timetable. BACKGROUND AND ANALYSIS: On October 15, 2024, the CCW voted to forward four (4) ordinances to address business licensing and zoning of marijuana-related businesses to City Council for considerations. The two (2) ordinances that address zoning are subject to public hearing before the Planning Commission and City Council. The information provided below is to summarize the draft ordinances. Following the action of the CCW, the Page 161

Item #29. draft ordinances were renumbered to provide each ordinance with a unique number.  Ordinance #2024-24 – (Previously #2024-24A) This draft ordinance would establish the business license fee for marijuana cultivation, manufacturing, and testing facilities.  Ordinance #2024-25 – (Previously #2024-24B) This draft ordinance would establish the business license fee for marijuana retail stores and compassion centers.  Ordinance #2024-29 – (Previously #2024-25A) This draft ordinance would permit marijuana cultivation, manufacturing and testing facilities in the Manufacturing (M) and Industrial Park Manufacturing (IPM) zones and would allow marijuana cultivation in the Agriculture (A) zone. It would also establish the standards by which such businesses would be required to operate, including: o Confirming that compassion centers (retail only) are permitted in all commercial zones where retail uses are permitted; o Requiring the building footprint for marijuana cultivation facilities or marijuana product manufacturing facilities be at least 750 feet away from any residential zone, the lot line of any private or public K-12 school, hospital, college or university, child day care center, or State of Delaware licensed substance abuse disorder treatment facilities; o Requiring that the building footprint of marijuana product testing facilities be at least 750 feet away from any residential zone, the lot line of any private or public K-12 school, hospital, child day care center, or State of Delaware licensed substance abuse disorder treatment facilities; o Requiring that marijuana cultivation facilities and marijuana product manufacturing facilities install odor control technology and that all openings, windows and entryways for such facilities be covered to prevent view into the interior from any public or semipublic area; o Requiring that applicants for marijuana cultivation and marijuana product manufacturing uses comply with the provisions of the water, wastewater and electric handbooks, and that any the cost of utility upgrades required to support the utility demand for these facilities would be the responsibility of the applicant. The draft ordinance would also establish definitions for the marijuana land uses that are consistent with the State definitions.  Ordinance #2024-30 – (Previously #2024-30) This draft ordinance would permit marijuana retail stores in the Highway Commercial (C-4) zone, establish a definition for “retail marijuana store” consistent with the State regulations, and establish the standards by which such businesses would be required to operate, including: o Requiring that the building footprint for retail marijuana stores be at least 500 feet away from the lot line of any private or public K-12 school, child daycare center, State of Delaware licensed substance abuse disorder treatment facility, hospital, college, or university and at least 250 feet from any residential zone; o Requiring that the building footprint for a retail marijuana store be at least one (1) mile from the lot line of any other marijuana retail store within the City of Dover; o Requiring that that all openings, windows and entryways for retail marijuana stores be covered to prevent view into the interior from any public or semipublic area; o Allowing for a compassion center licensed by the State before January 1, 2024, to be permitted to convert to a retail marijuana store exempt from the distancing requirements. Page 162

Item #29. City of Dover CITY OF DOVER PROPOSED ORDINANCE #2024-24 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 26 – Businesses, Article II – Licenses, Section 26-31. – Definitions, be amended by 5 inserting the text indicated in bold, blue, italics in alphabetical order as follows: 6 7 Sec. 26-31. Definitions. 8 9 The following words, terms, and phrases, when used in this article, shall have the meanings 10 ascribed to them in this section, except where the context clearly indicates a different meaning: 11 12 Marijuana cultivation facility or cultivation facility means an entity licensed by the 13 State of Delaware to cultivate, prepare, and package marijuana and sell marijuana to retail 14 marijuana stores, to marijuana product manufacturing facilities, and to other marijuana 15 cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce 16 marijuana concentrates, tinctures, extracts, or other marijuana products. 17 18 Marijuana product manufacturing facility means an entity licensed by the State of 19 Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products, 20 and sell marijuana and marijuana products to other marijuana product manufacturing 21 facilities and retail marijuana stores, but not to consumers. 22 23 Marijuana testing facility means an entity licensed by the State of Delaware to test 24 marijuana for potency and contaminants. 25 26 27 BE IT FURTHER ORDAINED: 28 29 That Appendix F – Fees and Fines, Chapter 26 – Businesses, Article II. - Licenses be amended 30 by inserting the text indicated in bold, blue font as follows: 31 Chapter 26. Businesses Fees and Fines Article II. Licenses Sec. 26-35. License required; fees Subsec. (d)(2) Manufacturers/contractors/marijuana cultivation, $0.00046 of product manufacturing, and testing facilities rate aggregate gross receipts/ Minimum fee Page 163

Proposed Ordinance #2024-24 – Amending Chapter 26, Article II, Sec. 26-31, and Appendix F Page 2 Item #29. $128.00 32 33 ADOPTED: * 34 35 SYNOPSIS 36 This ordinance amends Chapter 26 – Businesses of the Dover Code by adding definitions of 37 marijuana cultivation, product manufacturing, and testing facilities, and by adding these business 38 license types to Appendix F – Fees and Fines. 39 40 (SPONSORS: ANDERSON and NEIL) 41 42 Action History 43 10/28/2024 – Scheduled for First Reading – City Council (Ordinance number changed from 44 #2024-24A to #2024-24) 45 10/15/2024 – Introduction – Council Committee of the Whole/ Legislative, Finance, and 46 Administration Committee (Split into 24A) 47 09/24/2024 – Council Committee of the Whole / Legislative, Finance and Administration 48 Committee 49 08/05/2024 – Deferred from 06/11/2024 – Special Legislative, Finance, and Administration 50 Committee (Split into two parts) 51 06/11/2024 – Introduction – Council Committee of the Whole/Legislative, Finance, and 52 Administration Committee. Page 164

Item #30. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Legislative, Finance and Administration Committee) DEPARTMENT OF ORIGIN: City Manager’s Office SUBMITTED ON: October 23, 2024 PREPARED BY: Dave Hugg, City Manager and Ann Marie Townshend, Rossi Group REVIEWED BY: Dave Hugg, City Manager SUBJECT: Recreational Marijuana Land Uses and Related Zoning Regulations TIMETABLE: Recommendation from Council Committee of the Whole October 15, 2024 First Reading of Recommended Ordinances October 28, 2024 Planning Commission Hearing on Recommended Ordinances November 18, 2024 Council Hearing and Action on Recommended Ordinances December 9, 2024 Expiration of Moratorium December 31, 2024 RELATED PROJECT: n/a EXHIBITS: Ordinance #2024-24 (licensing for cultivation, manufacturing, and testing) Ordinance #2024-25 (licensing for retail) Ordinance #2024-29 (zoning for cultivation, manufacturing, and testing) Ordinance #2024-30 (zoning for retail) REFERENCE: n/a EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): n/a STAFF RECOMMENDATION: That City Council provide direction to staff on their selected path forward to meet the proposed timetable. BACKGROUND AND ANALYSIS: On October 15, 2024, the CCW voted to forward four (4) ordinances to address business licensing and zoning of marijuana-related businesses to City Council for considerations. The two (2) ordinances that address zoning are subject to public hearing before the Planning Commission and City Council. The information provided below is to summarize the draft ordinances. Following the action of the CCW, the Page 165

Item #30. draft ordinances were renumbered to provide each ordinance with a unique number.  Ordinance #2024-24 – (Previously #2024-24A) This draft ordinance would establish the business license fee for marijuana cultivation, manufacturing, and testing facilities.  Ordinance #2024-25 – (Previously #2024-24B) This draft ordinance would establish the business license fee for marijuana retail stores and compassion centers.  Ordinance #2024-29 – (Previously #2024-25A) This draft ordinance would permit marijuana cultivation, manufacturing and testing facilities in the Manufacturing (M) and Industrial Park Manufacturing (IPM) zones and would allow marijuana cultivation in the Agriculture (A) zone. It would also establish the standards by which such businesses would be required to operate, including: o Confirming that compassion centers (retail only) are permitted in all commercial zones where retail uses are permitted; o Requiring the building footprint for marijuana cultivation facilities or marijuana product manufacturing facilities be at least 750 feet away from any residential zone, the lot line of any private or public K-12 school, hospital, college or university, child day care center, or State of Delaware licensed substance abuse disorder treatment facilities; o Requiring that the building footprint of marijuana product testing facilities be at least 750 feet away from any residential zone, the lot line of any private or public K-12 school, hospital, child day care center, or State of Delaware licensed substance abuse disorder treatment facilities; o Requiring that marijuana cultivation facilities and marijuana product manufacturing facilities install odor control technology and that all openings, windows and entryways for such facilities be covered to prevent view into the interior from any public or semipublic area; o Requiring that applicants for marijuana cultivation and marijuana product manufacturing uses comply with the provisions of the water, wastewater and electric handbooks, and that any the cost of utility upgrades required to support the utility demand for these facilities would be the responsibility of the applicant. The draft ordinance would also establish definitions for the marijuana land uses that are consistent with the State definitions.  Ordinance #2024-30 – (Previously #2024-30) This draft ordinance would permit marijuana retail stores in the Highway Commercial (C-4) zone, establish a definition for “retail marijuana store” consistent with the State regulations, and establish the standards by which such businesses would be required to operate, including: o Requiring that the building footprint for retail marijuana stores be at least 500 feet away from the lot line of any private or public K-12 school, child daycare center, State of Delaware licensed substance abuse disorder treatment facility, hospital, college, or university and at least 250 feet from any residential zone; o Requiring that the building footprint for a retail marijuana store be at least one (1) mile from the lot line of any other marijuana retail store within the City of Dover; o Requiring that that all openings, windows and entryways for retail marijuana stores be covered to prevent view into the interior from any public or semipublic area; o Allowing for a compassion center licensed by the State before January 1, 2024, to be permitted to convert to a retail marijuana store exempt from the distancing requirements. Page 166

Item #30. City of Dover CITY OF DOVER PROPOSED ORDINANCE #2024-25 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 26 – Businesses, Article II – Licenses, Section 26-31. – Definitions, be amended by 5 inserting the text indicated in bold, blue, italics in alphabetical order as follows: 6 7 Sec. 26-31. Definitions. 8 9 The following words, terms, and phrases, when used in this article, shall have the meanings 10 ascribed to them in this section, except where the context clearly indicates a different meaning: 11 12 Compassion center means an entity registered pursuant to §4914A of Title 16 of the 13 Delaware State Code that acquires, possesses, sells, supplies, or dispenses marijuana, 14 paraphernalia, or related supplies and educational materials to registered qualifying 15 patients who have designated the dispenser to cultivate marijuana for their medical use and 16 the registered designated caregivers of these patients. 17 18 Retail marijuana store means an entity licensed by the State of Delaware to purchase 19 marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana 20 products from marijuana product manufacturing facilities, and to sell marijuana and 21 marijuana products to consumers. 22 23 BE IT FURTHER ORDAINED: 24 25 That Appendix F – Fees and Fines, Chapter 26 – Businesses, Article II. - Licenses be amended 26 by inserting the text indicated in bold, blue font as follows: 27 Chapter 26. Businesses Fees and Fines Article II. Licenses Sec. 26-35. License required; fees Subsec. (d)(3) Merchants/bottlers/retail marijuana $0.00046 of stores/compassion centers rate aggregate gross purchases for resale/ Minimum fee $64.00 28 29 ADOPTED: * 30 31 SYNOPSIS Page 167

Proposed Ordinance #2024-25 – Amending Chapter 26, Article II, Sec. 26-31, and Appendix F Page 2 Item #30. 32 This ordinance amends Chapter 26 – Businesses of the Dover Code by adding definitions of 33 marijuana retail stores and compassion centers, and by adding marijuana retail store and 34 compassion center license types to Appendix F – Fees and Fines. 35 36 (SPONSORS: ANDERSON and NEIL) 37 38 Action History 39 10/28/2024 – Scheduled for First Reading – City Council (Ordinance number changed from 40 #2024-24B to #2024-25) 41 10/15/2024 – Introduction – Council Committee of the Whole/ Legislative, Finance, and 42 Administration Committee (Split into 24B) 43 09/24/2024 – Council Committee of the Whole / Legislative, Finance and Administration 44 Committee 45 08/05/2024 – Deferred from 06/11/2024 – Special Legislative, Finance, and Administration 46 Committee (Split into two parts) 47 06/11/2024 – Introduction – Council Committee of the Whole/Legislative, Finance, and 48 Administration Committee. 49 Page 168