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REGULAR COUNCIL MINUTES

City Council Meetings. Sep 25, 2023.

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REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on September 25, 2023, at 6:31 p.m., with Council President Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty, Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Sudler, and Mr. Lewis. Mr. Neil was absent. Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Ms. Gray, Fire Chief David Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:21 p.m., prior to the commencement of the Official Council Meeting. Council President Hare declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There were no members of the public that wished to speak during the Open Forum. INVOCATION The invocation was given by Elder Ellis Louden PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Sudler. ADOPTION OF AGENDA Mr. Sudler moved for adoption of the agenda, seconded by Ms. Arndt, and unanimously carried. ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Rocha moved for adoption of the consent agenda, seconded by Mr. Sudler, and carried by a unanimous roll call vote. PROCLAMATION - CYBERSECURITY AWARENESS MONTH The City Clerk read the following Proclamation into the record: WHEREAS, with recent global breaches and geopolitical cyber-attacks on the rise, Governor John Carney declared October as Cybersecurity Awareness Month to highlight the importance of education for citizens and businesses in Delaware. With our current physical world intertwined with the digital world, basic cyber awareness is no longer an option to fight off bad actors. The disruption of access to financial, utility, or consumer services is no longer simply an inconvenience, but a risk for an individual’s privacy to be exposed and identities stolen. As the City of Dover, we must all be vigilant to protect our own and each other’s digital information; and WHEREAS, the National Cyber Security Alliance’s 2023 Cybersecurity Awareness Month theme is, “It’s Easy to Stay Safe Online” which encourages a risk-based approach and focuses on the

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 2 behaviors that are most important to the person and organization; and WHEREAS, STOP. THINK. CONNECT is a global online safety awareness campaign to help all digital citizens stay safer and more secure online. STOP: Lock down your login by making sure you have security measures in place. Information about you, such as your purchase history or location, has value just like money. Be thoughtful about who gets that information and how it’s collected through apps and websites. THINK: Own your online presence and think about the consequences of your online actions by thinking before posting about yourself or others. Consider what a post reveals, who might see it, and how it could be perceived now and in the future. CONNECT: Keep a clean machine and enjoy the internet. Set the privacy and security settings on web services and devices to your comfort level for information sharing; and WHEREAS, Delaware’s DigiKnow Campaign is aimed at increasing the understanding of cyber threats and empowering the public to be safer and more secure online. Awareness of computer security essentials will improve the security of the City of Dover's information infrastructure and economy. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim October 2023 as Cybersecurity Awareness Month in the City of Dover and urge all citizens to learn about cybersecurity and put that knowledge into practice. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mr. Larry Josefowski, IT Director. PROCLAMATION - FIRE PREVENTION WEEK The City Clerk read the following Proclamation into the record: WHEREAS, the City of Dover is committed to ensuring the safety and security of all those living in and visiting our city, and fire is a serious public safety concern both locally and nationally. The National Fire Protection Association’s 2023 Fire Prevention Week theme is, “Cooking safety starts with YOU! Pay attention to fire prevention”. The National Fire Protection Association (NFPA) has been the official sponsor of Fire Prevention Week for more than 101 years. Fire Prevention Week is the longest-running US public health observance on record; and WHEREAS, this year’s focus is on cooking safety and educating the public about simple but important steps that they can make to help reduce the risk of fire when cooking at home and keeping themselves and those around them safe; and WHEREAS, according to the NFPA, cooking is the leading cause of house fires, with nearly half (49%) of all house fires involving cooking equipment; cooking is also the leading cause of injuries occurring in house fires. Unattended cooking is the leading cause of cooking fires and related deaths. In addition, NFPA data shows that cooking is the only major cause of fire that resulted in more fires and fire deaths in 2014-2018 than in 1980-1984. These numbers tell us that more public awareness is needed around when and where cooking hazards exist, along with ways to prevent them. This year’s Fire Prevention Week campaign will work to promote tips, guidelines, and recommendations that can help significantly reduce the risk of having a kitchen fire; and WHEREAS, always keep a close eye on what you’re cooking. For foods with longer cooking times, such as those that are simmering or baking, set a timer to help monitor them carefully. Clear the cooking area of combustible items and keep anything away that can burn, such as dish towels,

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 3 oven mitts, food packaging, and paper towels. Turn the pot handles toward the back of the stove. Keep a lid nearby when cooking. If a small grease fire starts, slide the lid over the pan and turn off the burner. Create a “kid and pet-free zone” of at least three feet (one meter) around the cooking area and anywhere else hot food or drink is prepared or carried. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim October 2023 as Cybersecurity Awareness Month in the City of Dover and urge all citizens to learn about cybersecurity and put that knowledge into practice. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Fire Chief David Carey. PROCLAMATION - COMMUNITY PLANNING MONTH The City Clerk read the following Proclamation into the record: WHEREAS, the City of Dover Planning and Inspection Department works to improve the well- being of all people living in our community by taking a comprehensive perspective. This approach leads to safer, more resilient, more equitable, and more prosperous communities. We celebrate the role that Planning and Inspections play in creating a great community each October with National Community Planning Month; and WHEREAS, the City of Dover Planning and Inspection Department is more important than ever as our community continues to navigate the disruptive changes brought about by the pandemic. From economic development and transportation planning to reinventing what Dover looks like post-COVID-19, this October shares how Planning and Inspections is leading the way forward for our community; and WHEREAS, the goal of Planning and Inspections is to maximize the health, safety, and economic well-being of all people living in the City of Dover. This involves thinking about how we can move around our community, how we can attract and retain thriving businesses, where we want to live, and opportunities for recreation. Planning and Inspections help create communities of lasting value. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 2023 as Community Planning Month in the City of Dover and encourage all citizens to join me in recognizing the participation and dedication of the staff of the City of Dover Department of Planning and Inspections, members of the City of Dover Planning Commission, the valuable contributions made by other community and regional planners and our partner agencies at the State and County levels. We extend our heartfelt thanks for the continued commitment to public service by these professional and private citizens. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mrs. Mary Ellen Gray, Director of Planning and Community Development, Councilperson Tricia K. Arndt, and members of the planning department staff. PROCLAMATION - HALLOWEEN TRICK-OR-TREAT The City Clerk read the following Proclamation into the record: WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the observance of the Halloween Trick-or-Treat custom of emerging from their homes as ghosts,

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 4 witches, princesses, cartoon characters, caped crusaders, or action heroes and traveling with friends and family door to door throughout the neighborhood to gather treats; and WHEREAS, Children ages 12 and under may participate in Trick-or-Treating in small groups, ages will be strictly enforced. Parents must accompany their children throughout their journeys in celebrating Halloween Trick-or-Treat. Motorists are urged to drive with extra caution and to be ever watchful of our youngsters making their rounds; and WHEREAS, it is requested that residents indicate their willingness to welcome children by keeping their porch or exterior lights on and that youngsters call only on homes that are lit. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that the Halloween Trick or Treat observance be held on Tuesday, the 31st day of October 2023, between the hours of 6:00 p.m. and 8:00 p.m. in the City of Dover and urge all residents, both young and old, to make this a happy and safe occasion for our children. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Miss Liliana Burgos. PROCLAMATION – PUBLIC POWER WEEK The City Clerk read the following Proclamation into the record: WHEREAS, we, the citizens of the City of Dover, place a high value on local choices over community services and therefore have chosen to operate a community-owned, not-for-profit electric utility and, as customers and owners of our electric utility, have a direct say in utility operations and policies; and WHEREAS, the City of Dover Electric provides our homes, businesses, schools, social services, and local government agencies with reliable, efficient, and safe electricity employing sound business practices designed to ensure the best possible service at not-for-profit rates; and WHEREAS, the City of Dover Electric is a valuable community asset that contributes to the well- being of local citizens through energy efficiency, customer service, environmental protection, economic development, safety awareness; and WHEREAS, the City of Dover Electric is a dependable and trustworthy institution whose local operations provide many consumer protections and continue to make our community a better place to live, work, and play; and WHEREAS, the City of Dover Electric will continue to work to bring low-cost, safe, reliable, and sustainable electricity to community homes and businesses just as it has since 1899, the year when the utility was created to serve all the citizens of the City of Dover, DE. WHEREAS, the week of Oct. 1-7, be designated Public Power Week to recognize the people behind public power at the City of Dover Electric for their contributions to the community and to educate customer owners, policymakers, and employees on the benefits of public power. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 5 st th DELAWARE do hereby proclaim October 1 -7 , 2023, as Public Power Week in the City of Dover and urge all residents to express their heartfelt appreciation to all the men and women who so diligently serve to ensure that electrical power continues to flow to the homes and business of this city. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Electric Director, Paul Waddell, Shawn Burgett, and Chris Vinson. PROCLAMATION – GFWC DELAWARE STEP-UP TO END HUNGER DAY OF SERVICE The City Clerk read the following Proclamation into the record: WHEREAS, the General Federation of Women’s Club Delaware is a 126-year-old, 1,000-member strong volunteer community service organization with 21 clubs in Delaware communities and is a member of the state organization of the General Federation of Women’s Club (GFWC). GFWC Delaware has long partnered with food insecurity organizations throughout Delaware to provide meals, non-perishable food, and food kits for those with food insecurities, including veterans and their families, the homeless, fire victims, transient citizens, and school students; and WHEREAS, the GFWC is an international organization that has designated Saturday, September 30, 2023, as the GFWC National Day of Service for the state organizations and club members to create awareness of the critical issue of food insecurities, hunger, and food safety within the United States; and WHEREAS, the GFWC’s Dover Century Club and Blue Hen Chicks share a mission “to enhance the lives of others through volunteer services”; and WHEREAS, the GFWC’s Dover Century Club and Blue Hen Chicks are sponsoring a food drive to benefit The Salvation Army and the Disabled American Veterans. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim September 30, 2023, as GFWC Delaware Step Up to End Hunger Day of Service in the City of Dover and urge all citizens to participate by donating non- perishable food items on September 30, 2023, at 40 The Green, Dover, from 9 a.m. to 2 p.m. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Dr. Pillsbury, Jerry Traver, Phyllis Milano, and Trish Rodriguez. PROCLAMATION – NATIONAL HISPANIC AMERICAN HERITAGE MONTH The City Clerk read the following Proclamation into the record: WHEREAS, during National Hispanic Heritage Month, the U.S. government celebrates the countless contributions of more than 60 million Hispanic Americans, according to the U.S. Census Bureau. This makes up 18.9% of the total population. Hispanic Americans are the largest minority group in the United States today, and generations of Hispanic Americans have consistently helped make our country strong and prosperous. Hispanic Americans embody the best of our American values, including commitment to faith, family, and country. The Hispanic American community has left an indelible mark on our government, culture, and economy; and WHEREAS, Latinas and Latinos have always held significant roles throughout the City of Dover's

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 6 history, dating all the way back to the American Revolution. Representation matters. The Hispanic/Latino community continues to shape our city as business owners, activists, artists, public servants, leaders, educators, laborers, colleagues, friends, and much more in our community. From serving in the U.S. military at the Dover Air Force Base, the City of Dover's Hispanic community brings a rich cultural heritage representing many countries, ethnicities, and religious traditions with contribute to the City of Dover's future; and WHEREAS, the 2023 National Hispanic Heritage Month theme, “Driving Prosperity, Power, and Progress in America” pays tribute to the immense economic and political strides Hispanics have made in the City of Dover. Hispanic Heritage Month is an opportunity to shine a spotlight on the unique voices and experiences of Hispanic/Latin City of Dover citizens and recognize their history, journeys, and achievements. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim September 15 through October 15, 2023, as Hispanic Heritage Month in the City of Dover and urge all citizens to be part of the celebration. Dive Deep into the stories, save the flavors, and dance to the rhythms all month long. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Anthony Velazquez. PUBLIC HEARING – SALE AND DISPOSITION OF EXCESS REAL PROPERTY – 55 LOOCKERMAN STREET PLAZA During their Regular meeting of August 14, 2023, members of Council approved the Legislative, Finance, and Administration Committee’s recommendation of July 25, 2023, with regard to 55 Loockerman Street Plaza, as follows: 1. Determine that the property is excess property; 2. Authorize the City Manager to convey the excess property in accordance with Chapter 2, Section 2-422 d – Standard Method of Disposition unless requested by the City Council to dispose in accordance with Chapter 2, Section e – Exception to Standard Method of Disposition; and 3. Authorize the City Manager’s office to negotiate the final sale prices. Notice of the public hearing was properly advertised for this time and place. Mr. David S. Hugg, III, City Manager, updated members of council on the status of 55 Loockerman Street Plaza. Mr. Hugg explained that after the public hearing, they will consider the fourteen (14) proposals that have been received for the renovation and sale of the property at 55 Loockerman Street Plaza. Responding to Mr. Sudler. Mr. Hugg explained that the public hearing requirements are for the ad to be run at least once a week for two weeks in a local newspaper. Responding to Mr. Lewis, Mr. Hugg confirmed that there were fourteen (14) bids placed by individuals, firms, and businesses that toured the property, met with the broker, spoke to staff about zoning and other issues, and submitted everything from a letter of intent to an actual multi-page proposal. Mr. Hugg explained that the list has been narrowed down to three (3) or four (4) bids that best meet the needs of the city that will be brought back before council. Council President Hare declared the public hearing open. Mr. Ennio Emanuel, Walker Road, stated that he is glad that the city is disposing of the building, and it will be a great asset to the community. He further stated that he hopes that it is going to have

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 7 over 400 people every weekend. He stated that 400 people, on average, attend their church every Sunday. Mr. Ed Perez, 88 Dorothy Lane, stated that he attends Maranatha Church and used to work as part of the Economic Development team for the City of Dover. He stated that he knows the building and the area well. Mr. Perez stated he is in favor of the proposal as part of the redevelopment of the downtown. Ms. Sue Harris, 241 Pine Street, stated that she has concerns because the public is only going to have input on the three (3) that have been chosen out of fourteen (14). Mr. Sudler inquired about whether there has been a discrepancy or just some questions about the process and whether the public should be involved in the selection process in regard to the criteria used and whether it is standard or optional. Responding to Mr. Sudler, Mr. Hugg explained that the code provides several options for the disposal of surplus properties, one of which requires a public hearing to receive citizen input. Mr. Hugg further explained that this is not something that is typically done in the sense that they have requested proposals from a variety of people, there were no restrictions on who could ask to see the building, make a proposal, or talk to the broker of record. Mr. Hugg stated it was a totally open process for anybody who was interested, whether they lived in the city or not, whether they were a local business or not if they were interested. Responding to Mr. Sudler, Mr. Hugg explained that typically the sales of properties in the city are either relatively small parcels, like those on the CCW agenda tomorrow night, or there are parcels, such as in the Garrison Oak Business Park where we are working through a broker selling a property to someone for a specific purpose. Mr. Hugg stated that when he comes back to council, hopefully at the next council meeting, he will give a quick summary of all the proposals and then specifically focus on the proposal that they are recommending and the criteria that were used, including value, time, number of jobs, tax revenue, etc. Responding to Mr. Sudler, Mr. Hugg explained that this is an unusual opportunity for the city to sell a piece of property for redevelopment purposes and that there is no specific requirement in the code except if we choose to sell through public sale. Mr. Hugg explained it is difficult because some people will show up supporting a proposal they submitted as one of the applicants, and that can get complicated. Responding to Mr. Hare, Mr. Hugg explained that it is the pleasure of council whether there will be an opportunity for the public to speak at the next meeting. Mr. Hugg stated that there is nothing that states a public hearing is required, however, it will be a public presentation, and council can allow anyone to speak. Mr. Sudler moved to reaffirm the authorization given to the City Manager to convey the excess property in accordance with Chapter 2, Section 2-422 d – Standard Method of Disposition and to authorize the City Manager’s office to negotiate a final price. The motion was seconded by Mr. Lewis and carried unanimously. ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF AUGUST 23, 2023 The Minutes of the Special Council Meeting of August 23, 2023, were unanimously approved by motion of Mr. Rocha, seconded by Mr. Sudler, and bore the written approval of Mayor

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 8 Christiansen. ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF SEPTEMBER 11, 2023 The Minutes of the Special Council Meeting of September 11, 2023, were unanimously approved by motion of Mr. Rocha, seconded by Mr. Sudler, and bore the written approval of Mayor Christiansen. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 11, 2023 The Minutes of the Regular Council Meeting of September 11, 2023, were unanimously approved by motion of Mr. Rocha, seconded by Mr. Sudler, and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE - SEPTEMBER 12, 2023 The Council Committee of the Whole met on September 12, 2023, at 6:07 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler (arrived at 6:10 p.m.). Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Iriowen (Utility), Mr. Shevock (via WebEx), and Ms. Smith (Legislative, Finance, and Administration). Mr. Pugh (Utility) was absent. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. GIS Utility Network Wastewater Upgrade – Sole Source Vendor (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis of the GIS Utility Network Wastewater Upgrade. Staff recommended awarding the contract to Environmental Systems Research Institute, Inc. (ESRI), for the GIS Utility Network Wastewater Upgrade, for the amount of $138,700.) Responding to Mr. Boggerty, Mr. Lyon stated that ESRI has proprietary rights over the infrastructure that is used for the GIS platform. The City of Dover has been working with ESRI for many years, but Mr. Lyon stated that he is not sure when the agreement with them started. Mr. Lyon stated that he could research when the initial agreement with ESRI may have started. Ms. Arndt stated that she has worked with ESRI in the past, and they are known as the go-to as far as GIS platforms. Dr. Iriowen stated that he uses the ESRI platform with his graduate students, and they are very good to work with.

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 9 Mr. Neil moved to recommend approval of the staff’s recommendation. The motion was seconded by Mr. Anderson and unanimously carried. By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation, seconded by Mr. Sudler and carried by a unanimous roll call vote. Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objections the meeting adjourned at 7:02 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury, and unanimously carried. Authorization to Purchase – Replacement of Squad 2 (Chief David Carey, Dover Fire Department) Chief David Carey, Dover Fire Department, reviewed the background and analysis regarding the Authorization to Purchase – Replacement of Squad 2. Staff recommended approving the purchase of a Squad 2 replacement. Responding to Mr. Sudler, Ms. Peddicord stated that Chief Carey, the City Manager, and she had met to discuss the financing options. Ms. Peddicord stated that they are looking to save the city as much money as possible, while still getting the equipment that is needed. Responding to Mr. Lewis, Chief Carey stated that the current truck is put up for sale and sold to the highest bidder. The money collected from the sale is then used to equip the new truck. For example, Engine 1, was bought almost two years ago, and the equipment for it cost $97,000. The truck that it replaced was sold for $75,000, so $22,000 of the equipment money came from the fire company’s funds. Those funds are received through grants and aid from the state, county appropriation, and fund drives. Responding to Ms. Smith, Chief Carey stated that at the last meeting, it was approved to replace the truck that is on the current fiscal budget and would be delivered in 28 months. Chief Carey stated that the truck being presented now would be replaced in three years but by signing the contract now it will save the city $336,000. Responding to Ms. Arndt, Chief Carey stated that if the purchase of Squad 2 is approved the next truck would not be purchased until 2029. Responding to Mr. Sudler, Chief Carey stated that signing the contract only guarantees the price and does not affect the parts. Chief Carey stated that there will be a redesign in 2025 for emissions. There is a change in the engines and what the

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 10 EPA is requiring for emissions, however, the two trucks will fall into that so the price increase will not change the cost of the trucks. Mr. Sudler moved to recommend authorizing the purchase of Squad 2, as recommended by staff. The motion was seconded by Mr. Lewis and unanimously carried. By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation, seconded by Mr. Sudler and carried by a unanimous roll call vote. Evaluation of Bids – Street Program FY2023C (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis of the Evaluation of Bids – Street Program FY2023C. Staff recommended awarding the contract to Grassbusters Landscaping Co., Inc. for the City of Dover FY2023C Street and Alley Program, Bid #23-0020PW, for the amount of $933,294. Responding to Mr. Sudler, Mr. Lyon stated that for clarification, Mr. Wolfgang is in the Central Services department, and they do the bids for the entire city. Mr. Lyon stated that on the website there is a big button called Purchasing. When you click on that you will see Open Bids/RFPS, and as a contractor or vendor, you can see what is available. Furthermore, you can click on the other button called Closed Bids/RFPS and see who was awarded the bid and who submitted bids on projects for the last three years. Ms. Smith stated that she would like to recommend that the city have an orientation for vendors to understand the process of bidding with the city. Ms. Smith stated that maybe that would help with getting the word out and understanding what the process is all about. Mr. Bobby Wilson, 32 West Loockerman Street, Suite 101D, stated that there needs to be a mandatory pre-bid meeting. Mr. Wilson stated that using the website will only provide information about the contractor who was selected. Mr. Wilson stated that by holding a mandatory pre-bid meeting, they can build relationships with the different contractors and keep the business in Dover. Mr. Wilson stated that the larger contractors can hire the smaller contractors and provide people in the city with employment. Responding to Ms. Smith, Mr. Anderson stated that she was correct and that it depends on whether the company has the capacity to handle the project themselves. Most contractors have a number of subcontractors because most companies in a larger contract do not handle everything alone. Mr. Anderson stated that Mr. Wilson is right and that there is a way to encourage looking at local employment for a percentage of that. Mr. Anderson stated that it is complicated because the taxpayer’s money must be safeguarded in the best deal on one side while looking at the local community and making sure that people get jobs and advance their small businesses on the other side.

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 11 Mr. Neil moved to recommend the use of Grassbusters Landscaping, as recommended by staff. The motion was seconded by Dr. Pillsbury and unanimously carried. By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation, seconded by Mr. Sudler and carried by a unanimous roll call vote. Proposed Ordinance #2023-10 – Amending Chapter 114 – Vegetation, Article II – Weeds (Mary Ellen Gray, Planning and Community Development Director) Ms. Mary Ellen Gray, Director of Planning and Community Development reviewed the background and analysis of the Proposed Ordinance #2023-10. Staff recommended amending the code as requested. Responding to Mr. Rocha, Ms. Gray stated that if the ordinance was implemented then there would be an additional two-day grace period to the violation process. Ms. Gray stated that they would have two days to mow the grass and if they did not then the summons part of the ordinance would start and that would be a seven-day period. They would then have seven days to mow the grass and if they did not then the vendor would mow the grass. The City of Dover’s cost is based on the State of Delaware’s contracted vendor. Responding to Mr. Rocha, Eddie Kopp, Chief Code Enforcement Officer stated that the previous amount for grass-cutting services was $50 an hour. Responding to Mr. Rocha, Mr. Kopp stated that the vendor, due to the cost of everything going up, raised the fees earlier in the year to $65 an hour, and that vendor is Priority Services. Priority Services is the same vendor contracted through the State which is why code enforcement uses them. Responding to Mr. Rocha, Mr. Kopp stated that it is reflected in the new ordinance, the language used in Appendix F is a minimum of $50. Responding to Mr. Rocha, Mr. Kopp stated that it is trespassing if code enforcement were to walk onto a property for any reason to obtain a violation. Mr. Kopp stated with the new door hanger, is an eight-inch ruler which the constituent can use to measure their own grass and then contact code enforcement to challenge their decision. If that person contacts code enforcement, they can then go out and see what height the grass measures at without trespassing. Responding to Mr. Rocha, Mr. Kopp stated that code enforcement takes the violation picture from the public right of way. As long as code enforcement is posting the property and not obtaining any violation or any further violations, then they are not trespassing. Responding to Mr. Sudler, Mr. Kopp stated that the door hanger would be placed on the property’s door as the first warning, giving the owner 48 hours to cut the grass. If the grass is not cut in 48 hours, then the first citation will be sent via

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 12 certified mail. When the owner has failed to cut the grass and the final citations have been issued, code enforcement waits seven days from the green receipt of mailing that is stamped with the postmark from the United States Postal Service to schedule the grass to be cut. Mr. Sudler stated that he would like to see code enforcement send out a mailer with the electric bill giving constituents a 60-day notice of the ordinance change. Responding to Mr. Sudler, Mr. Kopp stated that the door hanger will have the date and time that the violation was observed as well as a follow-up date, time, and the inspector’s information. Responding to Mr. Sudler, Mr. Kopp stated that the contractor gives a set price at the beginning of the year for the entire year. The only time the rate would be higher would be in the event that a property is a few acres, and the contractor has to spend several hours cutting it. Then they may bill the city at the rate times how many hours spent cutting the property. Mr. Rocha recommended that it be included on the door hanger that if someone has an extenuating circumstance, they are to reach out to code enforcement and communicate with them. Ms. Arndt stated that by adding the verbiage that the cost be tied to the contracted rate, it might be considered to add a percentage of an administrative fee to cover the cost of distributing the door hanger, distributing the violation, and any of the other related paperwork. The administrative fee would allow the city to recoup some of the cost associated with the staff’s time as well as the fee to mow the lawn. Responding to Ms. Gray, Mayor Christiansen stated that the language should state the city’s contracted rate. Mr. Neil moved to replace the language to say, at the city’s contracted rate. The motion was seconded by Mr. Rocha. Responding to Ms. Arndt, Ms. Gray stated that she would have to review the code as well as check with the City Solicitor. Mr. Neil moved to recommend replacing the language at the city’s contracted rate. The motion was seconded by Mr. Rocha and unanimously carried. By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation, seconded by Mr. Sudler and carried by a unanimous roll call vote. Mr. Sudler moved to give constituents a 60-day notice of the amendment to the ordinance via the electric bill and other means deemed appropriate by the City Manager. The motion was seconded by Mr. Rocha and carried with Ms. Arndt voting no. By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation, seconded by Mr. Sudler and carried by a unanimous roll call vote.

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 13 Actuary Services Contract – Pension(s) and Other Post-Employment Benefits (OPEB) (Lori Peddicord, Controller/Treasurer) Ms. Lori Peddicord, Controller/Treasure reviewed the background and analysis of the Actuary Services Contract. Staff recommended awarding a five-year contract, the first year of work is to occur beginning FY24, to Bolton for valuation services totaling $108,100 as quoted in their response to the City of Dover RFP#23-0017FN – Pension and Other Post- Employment Benefits (OPEB) Actuarial Services and Benefit Consulting.) Mr. Hare moved to recommend awarding the contract to Bolton, as recommended by staff. The motion was seconded by Mr. Sudler and unanimously carried. By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation, seconded by Mr. Sudler and carried by a unanimous roll call vote. Proposed Ordinance #2023-09 – Project Carry-Forward Budget Balances/Proposed Budget Amendments (Lori Peddicord, Controller/Treasurer) Ms. Lori Peddicord, Controller/Treasure reviewed the background and analysis of the Proposed Ordinance #2023-09. Staff recommended approval of the proposed budget amendments totaling $37,845,241 for Fiscal Year 2024 and adoption of Proposed Ordinance #2023-09. Mr. Hare moved to recommend approval of the proposed budget amendments, as recommended by staff. The motion was seconded by Mr. Rocha and carried by a roll call vote of ten (10) yes and one (1) absent (Neil). By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation, seconded by Mr. Sudler and carried by a unanimous roll call vote. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 7:30 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 7:30 p.m. By consent agenda, Mr. Rocha moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Sudler and carried by a unanimous roll call vote. APPOINTMENTS/REAPPOINTMENTS – RECOMMENDED BY THE COUNCIL PRESIDENT HARE – DOVER HUMAN RELATIONS COMMISSION – THREE-YEAR TERMS TO EXPIRE FEBRUARY 2026 Paul Fleming – First District

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 14 Joseph C. Simmons – First District Alan Gaddis – Third District Wanda Mullen – Third District By consent agenda, Mr. Rocha moved for approval of the following reappointments to the Dover Human Relations Commission. The motion was seconded by Mr. Sudler and carried by a unanimous roll call vote. BUY-OUT OF GARRISON ENERGY CENTER LLC LEASE - LOT 7 GARRISON OAK Mr. Hugg, City Manager, reviewed the background regarding the buy-out of the Garrison Energy Center LLC lease. Mr. Hugg explained that it is complicated due to the nature of the original lease. Mr. Hugg stated that the city has been actively marketing the lots at the Garrison Oak Business Park. He further stated that they have sold and recorded lots # 11, 8, and 3 and hope to go to settlement next month. Mr. Hugg explained that back in August 2021, the City of Dover entered into a lease with Garrison Energy Center. The lease involves approximately 36 acres of land. Lot seven (7) is one of two very large lots at the back of the park that the city has retained the title to. The lease involves a base payment plus an indexed adjustment based on the cost of living, and an index adjustment based on what they call a convenience fee. Mr. Hugg explained that this generated a little over $40,000 in actual revenue over the last year. Mr. Anderson moved to authorize the City Manager to enter into buyout negotiations as part of the sale of Lots 5, 6, and 7. The motion was seconded by Mr. Lewis and carried unanimously. (Mr. Neil absent) FIRST READING - PROPOSED ORDINANCE #2023-09 Council President Hare reminded the public that copies of the proposed ordinance were 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 Final action by Council on the proposed ordinance will take place on the Council Meeting of October 9, 2023. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2023-09 PROJECT CARRY-FORWARD BUDGET BALANCES/PROPOSED BUDGET AMENDMENTS FINAL READING - PROPOSED ORDINANCE #2023-06 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of September 11, 2023. Council President Hare reminded members of the public that copies of the proposed ordinance were available at the entrance of the Council Chambers or on the City’s website at www.cityofdover.com under “Government.” Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. and unanimously carried. (The First Reading of the proposed ordinance was accomplished during the Council Meeting of September 11, 2023.)

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 15 By motion of Mr. Lewis, seconded by Mr. Rocha, Council, by a unanimous roll call vote (Neil absent), adopted Ordinance #2023-06, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 106 – TRAFFIC AND VEHICLES, Article I – IN GENERAL, be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: Section 106-17 – Truck routes. (a) Except as hereinafter provided, no commercial vehicle having three or more axles shall be operated on any street in the city except on a “truck route”. (b) The following roads are designated as “truck routes” within the city: (1) U.S. Route 13; (2) Bay Road; (3) Governors Avenue; (4) Saulsbury Road; (5) Dover-Kenton Road; (6) Persimmon Tree Lane; (7) Delaware Route 1; (8) Scarborough Road; (9) McKee Road; (10) South Little Creek Road; (11) Leipsic Road; (12) Denny’s Road (13) Delaware Route 8; (14) North Street (from Mifflin Road to South Governors Avenue); (15) POW/MIA Parkway; (16) White Oak Road; (17) Hazlettville Road; (c) This section shall not apply to any commercial vehicles with three or more axles: (1) Making a local delivery to or a pickup from a place in the city incapable of being directly accessed from a designated “truck route”. The driver must have available proof of intended place of delivery or pickup and: a. If entering the city limits, the driver shall use the most direct practical route from a designated truck route to and from the delivery or pickup, and b.If originating from within the city limits, the driver shall use the most direct practical route to and from the place of delivery or pickup within the city and/or the most direct practical route to a designated “truck route” if going outside the city limits. (2) Owned by or leased to the city or any volunteer fire company or emergency response organization when engaged in official business, including, by way of example, those vehicles of any fire department or any police department or agency, or to any town or state public works department or agency. (3) Owned by, leased to, or operated by any public utility company (or its subcontractor) while engaged in public utility operations. (4) Garbage and solid waste haulers in the course of their business operations.

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 16 (5) Operated on any city street officially designated as a detour route where such vehicle could otherwise be lawfully operated upon the street for which such detour is established. ADOPTED: September 25, 2023 FINAL READING - PROPOSED ORDINANCE #2023-07 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of September 11, 2023. Council President Hare reminded members of the public that copies of the proposed ordinance were available at the entrance of the Council Chambers or on the City’s website at www.cityofdover.com under “Government.” Responding to Mr. Lewis, Mr. Anderson explained that for example with the Dover Human Relations Commission, council specifically decided in the code that it shall not be for compensation. Mr. Anderson stated that he is open to the discussion of paying all committee members, as that could help with recruitment. Mr. Anderson further explained that the other committees that are not compensated are those that don’t meet on a regular basis. Mr. Anderson stated if a committee meets quarterly or less, they are not compensated and if a committee meets more than quarterly, then the committee receives compensation. Mr. Anderson explained that the Construction and Property Board Maintenance Board of Appeals meets almost monthly and should be treated the same as the other monthly committees, such as Board of Adjustment, Planning Commission, and council committees. Mr. Anderson stated that he feels it should be discussed separately because part of the discussion is whether it should only meet quarterly, and they set it quarterly. He further explained that historically they have had a number of special meetings. Mr. Lewis explained that he cannot support this ordinance as proposed, due to the feeling that it is contradictory and prejudicial. Responding to Mr. Lewis, Mr. Anderson stated there is a difference in the code between the advisory committees and council/mayoral appointed committees and this amendment addresses a council appointed committee. Mr. Anderson explained that this ordinance is narrowly tailored to correct two oversights in the code. Mr. Rocha moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Boggerty, and unanimously carried. (The First Reading of the proposed ordinance was accomplished during the Council Meeting of September 11, 2023.) By motion of Mr. Anderson, seconded by Mr. Rocha, Council, by roll call vote of six (6) yes (Anderson, Boggerty, Pillsbury, Arndt, Rocha, and Hare), two (2) no (Sudler and Lewis), and one (1) absent (Neil), adopted Ordinance #2023-07, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 2 – Administration, Article II - City Council, Section 2-201 - Compensation and expenses for mayor, council, and other elected or appointed officials be amended to read as follows:

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 17 Sec. 2-201. - Compensation and expenses for mayor, council, and other elected or appointed officials. (a) Fees established. In accordance with section 12 of the Charter, authorizing the council to establish compensation and expenses for the mayor, council members, and other elected or appointed officials, the following fees are hereby established: (1) Mayor. The mayor shall receive an annual salary of $52,000.00 (FY 2023). In addition, the mayor shall receive an expense allotment of up to $5,000.00, to be included in the city's annual budget for miscellaneous expenses, to be reimbursed upon submission of receipts or proper documentation. Expenses in excess of this amount shall only be permitted by council approval. The mayor shall be entitled to all benefits customary to an employee of the city, except pension benefits, and sick and vacation leave. (2) Council members generally. Each council member shall receive an annual salary of 18,000.00 (FY 2023). The council president shall receive an annual salary of $23,000.00 (FY 2023). Council members shall receive reimbursement for actual and necessary expenses incurred when on official business as prescribed by ordinance or policy. (3) Board of assessment appeals. Each appointed member of the board sitting to hear appeals from the municipal assessment shall receive $75.00 per diem reimbursement for expenses for the preparation and attendance at each meeting of the board of assessment appeals. (4) Nonemployee election officers. Each person, not a city employee, appointed to serve as an election judge for any municipal election shall receive an amount set by city council for per diem reimbursement for each election attended. Each person chosen to serve as a clerical assistant for any municipal election shall receive an amount set by city council for per diem reimbursement for each election attended. (5) Employee election officers. Employees of the city appointed to serve as election judges or officials for any municipal election shall receive an amount set by city council for per diem reimbursement for expenses for each municipal election attended in addition to their regular salary. (6) Appointee to council committee. Each appointed member to any city council committee, not serving an elected term to any city office, shall receive $75.00 for preparation and attendance at each committee meeting to which the member is appointed. (7) Employee on council committee. Any city employee appointed to a council committee shall receive $25.00 for reimbursement for expenses per diem for each meeting attended, which is held after 5:00 p.m. on a scheduled workday or at any time on a weekend or city-approved holiday. (8) Planning commission. Each appointed member of the planning commission shall receive $100.00 per diem reimbursement for expenses to be paid monthly for preparation and attendance at each meeting of the planning commission.

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 18 (9) Board of adjustment. Each appointed member of the board of adjustment shall receive $75.00 per diem reimbursement for expenses to be paid monthly for preparation and attendance at each meeting of the board of adjustment. (10) Construction and property maintenance code board of appeals. Each appointed member of the construction and property maintenance code board of appeals shall receive $75.00 per diem reimbursement for preparation and attendance at each meeting of the construction and property maintenance code board of appeals. (Code 1981, § 2-70; Ord. of 9-14-1987; Ord. of 8-27-1990; Ord. of 11-26-1990, § 1; Ord. of 1-11- 1993; 45 Ord. of 6-27-1994; Ord. of 2-24-1997(2); Ord. of 1-10-2000; Ord. of 10-9-2000; Ord. of 1-22-2001; Ord. 46 of 6-24-2002; Ord. of 6-25-2007; Ord. No. 2009-16, 7-27-2009; Ord. No. 2009-23, 10-26-2009; Ord. No. 47 2009-17, 11-9-2009; Ord. No. 2017-09, 8-14-2017; Ord. No. 2019-18, 9-9-2019) ADOPTED: September 25, 2023 CITY MANAGER'S ANNOUNCEMENTS City Manager Hugg announced that Mary Ellen Gray, Planning and Community Development Director, has submitted her resignation from the City of Dover. Mr. Hugg stated that he would never stand in the way of someone advancing their career. Mr. Hugg stated that he has known Ms. Gray for a lot of years. He further explained that she is an outstanding planner and a perfectionist, and she clearly understands her role. Mr. Hugg explained that she has accomplished a lot in her short time here, including working on making our ordinances modern, contemporary, and flexible so that when issues arise, the city is not bound by old language and old thinking. Mr. Hugg expressed his appreciation for Ms. Gray and let her know how much he is going to miss her. MAYOR’S ANNOUNCEMENTS No announcements. COUNCIL MEMBERS' ANNOUNCEMENTS Ms. Arndt stated that Ms. Gray has moved the planning profession forward not just in the City of Dover, but in the state. Ms. Arndt further stated that Ms. Gray is recognized as being one of the best planners, and she appreciates her service. Mr. Anderson thanked Ms. Gray for her service to the city and wished her the best. He explained that it has been good working with her, and he appreciates her innovation, and intellect, and stated that she is going to do well wherever she is. Mr. Anderson then stated that there has been a lot of contact regarding two (2) items on the September 26, 2023, Council Committee of the Whole agenda. The first item is property disposition, and the second are next steps with the Delaware Marijuana Control Act. Mr. Anderson further explained that members of the community can attend in person, or they can submit comments in writing to cityclerk@dover.de.us to become part of the permanent record. Council President Hare asked that members of council consider canceling the second meeting in November due to people going away for the holiday weekend. Mr. Hare stated that it will be decided at a later meeting. Mr. Hare also stated that you never realize how old you are until you realize that you were flying KC 135 missions in Vietnam when Councilman Sudler was born. He further explained that Councilman Sudler will turn fifty on Wednesday, September 28, 2023.

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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023 _____ PAGE 19 Mr. Lewis wished Mr. Sudler a happy birthday. Everyone sang Happy Birthday to Mr. Sudler. Mr. Hare moved for adjournment of the Regular Council meeting, hearing no objection, the meeting adjourned at 8:09 p.m. ANDRIA L. BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of September 25, 2023, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /ALB

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