REGULAR COUNCIL MEETING MINUTES

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on January 10, 2022 at 6:29 p.m. with Council President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, Mr. Taylor. Mr. Hare was absent. Staff members present were Mrs. Duca, Mrs. Melson-Williams, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to commencement of the Official Council Meeting. Council President Sudler declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There were no members of the public that wished to speak during the Open Forum. INVOCATION The invocation was given by Elder Ellis Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Taylor. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Neil moved for adoption of the consent agenda, seconded by Mrs. Arndt and carried by a unanimous roll call vote. TRIBUTE #2022-01 - WILLIAM HARRISON DAISEY The City Clerk read the following Tribute into the record: A TRIBUTE EXPRESSING SYMPATHY AND CONDOLENCES UPON THE PASSING OF WILLIAM HARRISON DAISEY, SR. WHEREAS, the Mayor and Council of the City of Dover are saddened by the passing of William Harrison Daisey, Sr., former Dover City Council member, Vice-Principal at W.T. Chipman Middle School, and former Chief of the Nanticoke Indian Tribe on November 25, 2021; and

CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 2 WHEREAS, William Harrison Daisey, Sr. was a long-time resident of the City of Dover and an active well-respected member of our community. He was first elected to Dover City Council in 1987, making him the first Native American and second person of color elected to this office. He worked tirelessly for three terms, including sponsoring and fighting against special interests to enact a city-wide smoking ban in restaurants in 1991 to help reduce city cancer rates, 10 years before the state would do the same. WHEREAS, Mr. Daisey's involvement with the Nanticoke Indian Tribe grew when he was first elected to their Tribal Council in 2004, and then selected assistant chief in 2008. Bill ascended to chief of the tribe in June 2013. Chief William "Thunder Eagle" Daisey would serve the tribe in "the biggest honor of his life" until stepping down in January 2016, due to medical reasons. WHEREAS, Mr. Daisey received numerous awards and recognition due to his civic activities. Included among them were the NAACP Public Education and Humanitarian Award, Native American Indian Heritage Award, Omega Psi Phi Fraternity Citizen of the Year Award, Servant of the City of Dover Award, Dover Lions Club President's Award, and Lions Club International Humanitarian Award. Mr. Daisey will be deeply missed by his family, friends, and all of those whose lives he has touched. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their deepest sympathy and condolences to the family and friends of William Harrison Daisey, Sr., and hope that they will be consoled by the memories of his life and achievements and in knowing that Mr. Daisey holds a permanent place in the history of the City of Dover. BE IT FURTHER RESOLVED that the Mayor and Council direct the City Clerk to place this Tribute in the permanent records of the City of Dover and that a copy of this Tribute be provided to the family of William Harrison Daisey, Sr. ADOPTED: January 10, 2022 Mr. Taylor moved for adoption of Tribute #2022-01, seconded by Mr. Anderson and unanimously carried. On behalf of the Mayor and Council, Mayor Christiansen presented the tribute to the family of William Harrison Daisey. ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 13, 2021 The Minutes of the Special Council Meeting of December 13, 2021 were unanimously approved by motion of Mr. Neil, seconded by Mrs. Arndt and bore the written approval of Mayor Christiansen.

CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 3 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 13, 2021 The Minutes of the Regular Council Meeting of December 13, 2021 were unanimously approved by motion of Mr. Neil, seconded by Mrs. Arndt and bore the written approval of Mayor Christiansen. C O U N C I L CO MMI T T E E O F T H E WH O L E R E PO R T - DECEMBER 14, 2021 The Council Committee of the Whole Meeting was held on December 14, 2021 at 6:00 p.m., with Councilman Neil presiding in the absence of Council President Sudler. Members of Council present were Mr. Anderson, Mr. Hare, Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Dr. Pillsbury. Mr. Boggerty was absent. Civilian members present for their Committee meetings were Mr. Lewis, (Parks, Recreation, and Community Enhancement) and Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration). Mr. Jones (Parks, Recreation, and Community Enhancement) was absent. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mrs. Arndt and unanimously carried. Evaluation of Bids - Silver Lake Dam Repairs Mr. Mark Nowak, Interim Public Works Director, reviewed the background and analysis regarding the evaluation of bids for the Silver Lake Dam Repairs. Staff recommended awarding the contract to Mar-Allen Concrete Products, Inc., for the City of Dover Silver Lake Dam Repairs, Bid #22-0016PW, for the amount of $57,480.00. Responding to Mr. Taylor, Mr. Nowak stated there was only one responder to the bid process. Mar - Allen Concrete Products, Inc., was deemed qualified by the Public Works staff to complete all work that was listed in the bid. Responding to Mr. Neil, Mr. Nowak advised that the budget for this project was $100,000 and the bid came in at $57,000.

CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 4 Mr. Hare moved to recommend approval of staff's recommendation, seconded by Mr. Rocha and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mrs. Arndt and carried by a unanimous roll call vote. Evaluation of Proposals - Medical Professional Positions Chief Thomas Johnson, Dover Police Department, reviewed the background and analysis regarding the evaluation of proposals for the Medical Professional Positions. Staff recommended approval of the grant and awarding the contract to Dover Behavioral Health Systems. Responding to Mr. Taylor, Lieutenant Jordan Miller of the Dover Police Department stated that once the program is set up, the Police Department would be able to skip the emergency room. He noted that the Behavioral Health unit would consist of one officer and one clinician responding to a call and they would take over the scene as they saw fit. They would do their assessment and determine if the person needed to be seen by a psychologist right away or if they could be set up for an outpatient program. Lieutenant Miller advised that they would then be able to leave and conduct follow up to ensure that they were maintaining their end. He noted that it would alleviate responding back in a moment of crisis in the future. Responding to Mr. Anderson, Chief Johnson stated that this program does not set aside any other existing programs. The Angel Program is still available and a letter was signed that week for the Narcan Leave Behind Program. Chief Johnson advised that because the police department is getting clinicians it does not mean that they are not exploring other areas to try and be effective with the opioid epidemic. Responding to Dr. Pillsbury, Lieutenant Miller stated there were certain instances where they might be able to avoid criminal prosecution if there was victim cooperation or if there was no victim. He noted that it would take some work with the Attorney General's office to get that in place. There will be a release or a waiver form signed by the individual at the time so the police can go and follow up with their treatment and ensure that they are showing up. The police are not going to follow them around for the three year timeline to charge them for a misdemeanor, but they would have to put some type of guidelines in place. Lieutenant Miller advised that they plan to have paperwork in place and a Memorandum of Understanding to ensure follow up. He stated that they would be providing them with an opportunity, instead of just constantly responding, making an arrest, taking them forth for arraignment, and then having to respond back out.

CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 5 Responding to Mr. Contant, Chief Johnson stated they are master level practitioners who have the ability to commit patients. Responding to Dr. Pillsbury, Mr. Contant advised that these professionals are qualified to aid in mental health issues and substance abuse. If someone needs further treatment, Dover Behavioral Health can provide everything from beginning to end, with the exception of a crisis situation that would require an emergency room visit. Mr. Hare moved to recommend approval of the grant and awarding the contract to Dover Behavioral Health Systems, as recommended by staff. 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 Mrs. Arndt and carried by a unanimous roll call vote. Update on Analysis of Segal Study Results Mr. Dave Hugg III, Interim City Manager, reviewed the background and analysis regarding the Segal Study. Responding to Mrs. Arndt, Mr Hugg stated that Segal fulfilled their contract with the City and there was still a retainer. Mr. Hugg advised that he was unclear if that meant the City would have to pay for additional services but he was discouraged by the results of the study. He noted that the positions appeared to do fairly detailed peer assessments and comparatives, and you can track them through the system and they may be useful to use, but it is only a fraction of the total positions they looked at. Mr. Hugg advised that, in a number of cases, Segal did not do the peer comparable and those results do not seem to hold up. He stated that they were still analyzing and hoping they will get a lot more detail back when they respond to their December 7, 2021 inquiry. Responding to Mr. Anderson, Mr. Hugg stated that it was unfortunate in some respects that Council and staff made salary adjustments the last year to move certain employees up to what they believed to be the minimum market value that, in retrospect, was questionable. Can you really justify that was in fact, the minimum, even though they all agreed that we would move people who were below that minimum, to the minimum. Mr. Hugg stated that they would ask to be back on the agenda when they have gotten some additional information. Mr. Hugg agreed with Mr. Hare that there was a lot of information in the Segal Study; however, there was also a lot of misinformation.

CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 6 Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Taylor and unanimously carried. Meeting adjourned at 6:29 p.m. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairperson Arndt presiding. Adoption of Agenda Mr. Anderson moved for adoption of the agenda, seconded by Mr. Hare and unanimously carried. Mayor and Council Reports - September 2021 Council President Sudler Council President was absent and no report was given. First District Mr. Rocha reported that new signs had been installed on Forest Avenue and Hazlettville Road, which prohibits trucks with more than two axles from using Mifflin Road. He advised that the signs originally were on Mifflin Road and he made a request to have them installed on Forest Avenue and Hazlettville Road so that truck drivers can see the signs before they make the turn. Mr. Rocha noted that they would continue to move forward on a proposal with Del DOT to reduce the speed limit to 25 miles per hour on Mifflin road. Second District No report was given. Third District No report was given. Fourth District Mr. Anderson stated that he recently used Community Enhancement funds to help with Christmas with the Tracy Palmer Ministries for members in the Fourth District. He thanked Chief Johnson for his view of certain aspects to loitering. Mr. Anderson referenced arrests made on December 8, 2021 for drug and firearms offenses on South New Street. He advised that they started out basically as loitering.

CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 7 Mr. Anderson asked that the ad hoc committee be one that unifies them and gets the job done. At-Large Mr. Boggerty was absent and no report was given. Mayor Christiansen Mayor Christiansen was absent and no report was given. Mr. Rocha moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting. The motion was seconded by Mr. Hare and unanimously carried. Meeting adjourned at 6:35 p.m. Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mrs. Arndt and unanimously carried. Meeting adjourned at 6:36 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mrs. Arndt and carried by a unanimous roll call vote. MONTHLY REPORTS - NOVEMBER 2021 By motion of Mr. Neil, seconded by Mrs. Arndt, the following monthly reports were accepted by consent agenda: City Assessor’s Report City Council’s Community Enhancement Fund Report City Manager’s Report City Planner’s Report Controller/Treasurer’s Budget Report Fire Chief’s Report Police Chief’s Report CONFIRMATION OF POLICE PENSION ELECTION Confirmation of Police Pension Election - Retired Sergeant Steve Rogers - Three (3) Year Term to Expire January 31, 2025 By consent agenda, Mr. Neil moved for approval of the confirmation of the Police Pension Election. The motion was seconded by Mrs. Arndt and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 8 AUTHORIZATION TO RETAIN AMERICAN RESCUE PLAN ACT COUNSEL - BARNES & THORNBURG, LLC City Solicitor Nicholas Rodriguez gave an update on the authorization to retain Barnes and Thornburg, LLP as counsel for the American Rescue Plan Act. Mr. Rodriguez stated that he thought it was absolutely essential to have the City retain them. He went on to explain that if City personnel were to do this work, he believed it would require three or four people and it would be difficult. Mr. Rodriguez advised that Barnes and Thornburg, LLC deals directly with the Treasury Department and they are highly qualified to navigate the process. He explained that the amount of American Rescue Plan Act funds had not yet been determined and he was hopeful they would be adequate, and certainly more than some of the other non-entitled cities and municipalities in the state. Mr. Rodriguez noted that he has dealt with the principal attorney who would administer the funds, but the City would have access to their entire firm, which does this type of work all the time. Mr. Anderson stated that he definitely supports the recommendation because it would the City a lot more to try to do these reports in-house, and this firm has extensive experience on the state level and is taking care of almost every municipality in the state. Mr. Anderson asked, since the City of Dover is a little bit different than the non-entitlement entities, which is a flat percentage fee, if the monthly retainer would stop when they run out of money and their final reports are drafted or if it would continue. Mr. Rodriguez responded that he thought it would run out when the funds expire. He further explained that there is a provision that they can come back and negotiate a lesser fee. Mr. Rodriguez stated that he believed they were happy with that, and he doubted that they were going to ask for more than that based on his discussions with them. Mr. Neil explained that he believed it was important for the public to understand that this is the City doing its due diligence. They are going to make sure that the monies they are appropriating do not come back to cause issues for the City. Mr. Neil stated that they were going to ask for a considerable sum and they were receiving many requests for those funds and they want to make sure that the funding is awarded to those who should receive it. Mr. Anderson moved for approval of authorization to retain the American Rescue Plan Act Counsel - Barnes & Thornburg, LLC, as recommended by City Solicitor Rodriguez. The motion was seconded by Mr. Boggerty and unanimously carried. ANNEXATION/REZONING REQUEST/FIRST READING - PROPOSED ORDINANCE #2022-01-PROPERTY LOCATED AT 166 MIFFLIN ROAD OWNED BY MRS. ERNESTINE HUFF A request was received for annexation and rezoning of property located at 166 Mifflin Road, consisting of 25,000 SF, owned by Mrs. Ernestine Huff. This property is currently zoned RS-1 (Residential Single Family Zone)(Kent County Zoning Classification) and the proposed zoning is R-8 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone)(City of Dover Zoning Classification). Staff recommended that the request be referred to the Utility

CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 9 Committee on January 25, 2022; to the Planning Commission on February 22, 2022; and that a public hearing before City Council be set for March 14, 2022 at 6:30 p.m. (Tax Parcel: ED-00-076.14-01-02.00-000; Planning Reference: AX-22-01) Mr. Neil moved for referral, as recommended, seconded by Mr. Rocha and unanimously carried. 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 #2022-01 AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 166 MIFFLIN ROAD INTERIM CITY MANAGER'S ANNOUNCEMENTS Ms. Sharon Duca, Assistant City Manager, provided a storm debriefing for the January 3, 2022 snowfall, as follows: • The City of Dover received between eight to ten inches of snow during the daylight hours. • The Department of Public Works Inclement Weather Plan was activated on January 2, 2022, due to the impending forecast. • Snow removal efforts were performed by the Department of Public Works, the Department of Water Wastewater, the Parks and Recreation Department and the Central Services Department. • Snow removal was complete by 5:00 PM on January 5, 2022. • The snow removal team consisted of 60 staff members from four departments. • Staffing shortages were experienced due to COVID and other illness. • The team, which included an outside contractor at a cost of approximately $37,000, spent a total of 951 hours clearing 12.64 miles of sidewalks, 122.7 miles of roadway (which includes some state roads), and 16.9 miles of alleys. • Nine vehicle and equipment repairs were required by the fleet division, which included two road calls. • We used 110 tons of salt and 1100 gallons of brine. The cost of the salt is approximately $29,000. Ms. Duca, on behalf of the City Manager's office, personally thanked all of the staff who responded to the snow removal, as well as the continuity of service personnel who kept electric going, water flowing, and provided other critical services during the snowstorm. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Taylor wished everyone a happy and healthy new year. He invited everyone to attend the Safety Advisory and Transportation Committee meeting on Tuesday, January 25, 2022 at 6:00 p.m. in the Council Chambers. He noted that they would be discussing the loitering ordinance and advised that Representative Sean Lynn had agreed to join the Ad-Hoc Committee and assist with the language,

CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 10 fines, fees and penalties. Mr. Taylor noted that Representative Lynn is the author of House Bill (HB) 244, which is attempting to significantly reduce fines, fees, and penalties. Mr. Taylor explained that there had been problems submitting Ad-Hoc Committee applications on the City of Dover website and the IT Department was working on it. He asked anyone having issues submitting an application to please call the City Clerk's office and they will walk you through it, or applications could be printed and submitted. Mr. Taylor announced that he was going to meet with Councilman Anderson and Councilman Boggerty to outline the goals for the Ad-Hoc Committee and the criteria for participation. He also stated that the river walk was moving forward and the preliminary paperwork had been submitted to the City. Mr. Taylor thanked Ms. Duca and all of the city employees who did everything that they needed to do to ensure that the city received the services that they deserved. Mr. Anderson thanked employees in the City of Dover, particularly the Public Works Department. He reminded everyone of the Dr. Martin Luther King, Jr. Day observance, noting that a lot of events had been canceled or moved to virtual due to the virus. Mr. Anderson explained that the 36th Annual Martin Luther King Junior Day program by the Inner City Cultural League was still scheduled, although a good portion would be virtual. The program will start at noon and will be approximately 90 minutes long. Mr. Anderson suggested contacting elizabethd@icclart.org. Mr. Anderson encouraged any organization that was interested in American Rescue Plan Act funds to check the City of Dover website. He explained that the new application and time line would be on the website around January 20, 2022. Mr. Anderson expressed his hope that they would have everything ready for final Council approval by March 28, 2022. Mr. Boggerty explained that, during his time away, he reached out to a sports entertainment company called Golf Suites and they responded to the inquiry suggesting a meeting. He further explained that Golf Suites sent an overview of what they are looking for from locations making inquiries. Mr. Boggerty advised that the City of Dover meets two of their main qualifications which are to either be by a military base and/or a University. He stated that he believes it is an opportunity to bring jobs and entertainment to the City of Dover. Mr. Boggerty explained that Mr. Hugg had been following up on this initiative. Mr. Boggerty stated that he was able to work with a downtown business who was in a situation where they were having to quickly move out of their facility. He explained that the business contacted him and asked him to stop by the location. Mr. Boggerty thanked the City for all the work they did during the inclement weather and wished everyone a Happy new year and stated he was looking forward to a great 2022. Mr. Neil moved for adjournment, seconded by Dr. Pillsbury and unanimously carried.

CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 11 Meeting adjourned at 7:07 p.m. ANDRIA L. BENNETT CITY CLERK SELECT All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of January 10, 2022 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2022\01-10-2022 REGULAR COUNCIL MEETING MINUTES.wpd