REGULAR CITY COUNCIL

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on September 12, 2022, at 6:43 p.m. with Council President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Taylor, and Mr. Hare. Mr. Rocha was absent. Staff members present were Chief Johnson, Ms. Peddicord, Mr. Hugg, Ms. Gray, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to the 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. Corey Berry, 149 South New Street, spoke regarding the Loockerman Street fire and how that has impacted him and his wife. They have been homeless since the fire and cannot get the assistance that has been promised. They will be without housing on 9/30/2022. They plan to apply for an apartment at Mapleton Square Apartments, however, they need $80.00 for the application fee. Sydney Swann, 8 Moriarty Street, Dover, spoke against the code regarding parking in front of homes that are on residential streets, that do not have commercial properties. He expressed his dissatisfaction with receiving parking tickets in front of his home. James Owens, 280 Kesselring Avenue, Dover, explained that he lives and runs a business within the City limits. He spoke against the electric rate increases and the additional police officers sitting in the Customer Service area at Reed Street. Faye White. 101 Babb Drive, Unit 2219, Dover, explained that she sent a letter to the City on August 24, 2021, regarding obtaining one of the empty buildings downtown. She explained that she would like a building downtown for her nonprofit, Second Chance. She asserted that Council has the authority to dispose of empty buildings/land/lots within the City limits. INVOCATION The invocation was given by Elder Ellis B. Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Neil. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 2 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 Dr. Pillsbury, and carried by a unanimous roll call vote. PROCLAMATION – CHILDHOOD CANCER AWARENESS MONTH The City Clerk read the following Proclamation into the record: WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection reports that cancer is the leading cause of death by the disease among U.S. children between infancy and age 15. This tragic disease is detected in more than 16,000 of our country’s young people every year. An estimated 400,000 children and adolescents are diagnosed with cancer globally each year; and WHEREAS, one in five of our nation’s children loses his or her battle with cancer; many infants, children, and teens will suffer from long-term effects of comprehensive treatment, including secondary cancers; and WHEREAS, founded over thirty years ago by Steven A. Firestein, a member of the philanthropic Max Factor cosmetics family, the American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc. is dedicated to helping these children and their families; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a variety of vital patient psychosocial services to children undergoing cancer treatment at Nemours Children’s Hospital in Wilmington, Delaware, John Hopkins Children’s Hospital, University of Maryland Children’s Hospital, Herman and Walter Samuelson Children’s Hospital at Sinai in Baltimore, as well as participating hospitals throughout the country, thereby enhancing the quality of life for these children and their families; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsors toy distributions, family sailing programs, pet-assisted therapy, Laughternoon-Laughter is Healing, positive appearance programs, KCC Supercar Experience, education programs, and hospital celebrations in honor of a child’s determination and bravery to fight the battle against childhood cancer. NOW THEREFORE I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim the month of September 2022, as Childhood Cancer Awareness Month in the City of Dover and encourage all citizens to help increase public awareness and support for the children and families who are affected by cancer. On behalf of the Mayor and Council, Mayor Christiansen and Dr. Pillsbury presented the proclamation to Dr. Esosa Iriowen.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 3 PROCLAMATION – RECOVERY MONTH – DOVER GOES PURPLE The City Clerk read the following Proclamation into the record: WHEREAS, mental and substance use disorders affect all communities nationwide, but with commitment and support, people with these disorders can achieve healthy lifestyles and lead rewarding lives in recovery. By seeking help, people who experience mental and substance use disorders can embark on a new path toward improved health and overall wellness; and WHEREAS, the impact of mental and substance use disorders is apparent in our local community. The Delaware’s Division of Forensic Science (DFS) reported 515 overdose deaths in 2021 in the state which is an increase of more than 15% over 2020. 87 of those tragic deaths were in Kent County. Of the 515 total deaths, DFS reported that a majority involved fentanyl; and WHEREAS, through Recovery Month, people become more aware and able to recognize the signs of mental and substance use disorders, which can lead more people into needed treatment. Managing the effects of these conditions can help people achieve healthy lifestyles, both physically and emotionally; and WHEREAS, the Recovery Month observance continues to improve the lives of those affected by mental and substance use disorders by raising awareness of these diseases and educating communities about the prevention, treatment, and recovery resources that are available. Local resources include the City of Dover Police Department’s ANGEL Program, and the State of Delaware’s Help is Here program, The Vines Community Project, and Delaware’s Division of Substance Abuse and Mental Health is an available resource. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim September 2022 as Recovery Month in the City of Dover and call upon our community to observe this month with compelling programs and events that support this year’s Recovery Month theme “Every Person. Every Family. Every Community.” and take a stand against substance abuse by participating in Delaware Goes Purple. On behalf of the Mayor and Council, Mayor Christiansen and Councilman Anderson presented the proclamation to Pastor Carol Harris. PROCLAMATION – LITERACY MONTH The City Clerk read the following Proclamation into the record: WHEREAS, Literacy is the foundation for success in school, in work, and throughout life. 42% of Delaware children read below grade level; 20% of Delaware adults read below the 3rd-grade reading level and another 35% of Delaware adults read below a 6th-grade reading level; and WHEREAS, numerous organizations are collaborating through the Delaware Community of Excellence Equity Through Literacy initiative to address the literacy gap for all Delawareans across the lifespan. Every Delawarean under age 5 is now eligible to register for Dolly Parton’s Imagination Library through Delaware Libraries as a foundation for literacy success; and

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 4 WHEREAS, Literacy Delaware provides literacy tutoring for adults as a foundation to access a high school credential, job training programs, college, and careers. The extensive efforts of all the literacy partners empower Delawareans to build better lives and to strengthen Delaware’s workforce and economy. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim September 2022 as LITERACY MONTH and September 18 through 24 as ADULT EDUCATION and LITERACY WEEK in the City of Dover and urge all citizens to support the literacy efforts for all ages, to read to children, to get a library card, and to read often! On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Ms. Margery Cyr and Mr. Brian Sylvester. PROCLAMATION – THANK A POLICE OFFICER DAY The City Clerk read the following Proclamation into the record: WHEREAS, over 100 sworn Dover Delaware Police Officers proudly serve and protect our Capital City of approximately 24 square miles with 39,000 residents. Our community stands by our officers and appreciates the tireless efforts to protect our citizens; and WHEREAS, the City of Dover police force has been protecting our city since 1925 and our officers are called upon to be community liaisons in the streets, at various city events, and through community policing initiatives; and WHEREAS, the mission of the Dover Police Department exemplifies the commitment to providing not only police services but supporting victims’ rights and recognizing the value of human interactions on a daily basis. The community relationships with all citizens and visitors are what we are most proud of in our officers; and WHEREAS, we appreciate the daily devotion and dedication with which the men and women of Law Enforcement carry out their duties, work tirelessly for the good of our community, and serve as guardians, protectors, and role models; and WHEREAS, on this day September 17, 2022, this marks our 97th anniversary of our Dover Delaware Police force protecting and serving our Capital City. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim September 17th, 2022, as Thank A Police Officer Day in the City of Dover and urge all citizens to mark today as a day of honor for our City of Dover Delaware Police Department. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Master Corporal Jacob Rankin and Chief Thomas Johnson.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 5 PROCLAMATION – NATIONAL CONSTITUTION WEEK 2022 The City Clerk read the following Proclamation into the record: WHEREAS, the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 17, 2022, marks the two hundred and thirty-fifth anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th through the 23rd as “Constitution Week”. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim September 17th through the 23rd, 2022 as CONSTITUTION WEEK in the City of Dover and ask our citizens to reaffirm the ideals of the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Ms. Dot Abbott. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 8, 2022 The Minutes of the Regular Council Meeting of August 8, 2022, were unanimously approved by motion of Mr. Neil, seconded by Dr. Pillsbury, and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT – AUGUST 9, 2022 The Council Committee of the Whole met on August 9, 2022, at 6:00 p.m. with Council President Sudler presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Hare, Dr. Pillsbury, Mr. Rocha, Mr. Taylor, and Mr. Hare. Mr. Neil and Mayor Christiansen were absent. Civilian members present for their Committee meetings were Mr. Lewis (Parks, Recreation, and Community Enhancement), Mr. Shelton (Utility), and Mr. Shevock (via WebEx) (Legislative, Finance, and Administration). Mr. Tholstrup (Parks, Recreation, and Community Enhancement), Mr. McCutcheon (Utility), and Mr. Contant (Legislative, Finance, and Administration) were absent. ADOPTION OF AGENDA Mr. Hare moved for adoption of the agenda, seconded by Ms. Arndt, and unanimously carried.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 6 PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairwoman Arndt presiding. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Rocha, and unanimously carried. Mayor and Council Reports Council President Sudler Council President Sudler stated that he met with Delaware State University's senior staff, agricultural staff, and water laboratory staff, along with Team Dover senior administrators for a Water Quality Partnership and Initiative conversation on July 29th, 2022. He also spoke with Ken Holtum, Department of Justice, who expressed a need for a law school in Dover and reached out to Delaware State University to see how amenable they are to having a law school in Dover using the Wesley College site. On August 5th, 2022, Mr. Sudler met with Phillip Williams regarding the Diversity Equity and Inclusion grilling event in addition to some safety concerns in the customer service area. First District Dr. Pillsbury stated that she continues to be contacted by several members of the first district about the electric charges that took effect in July. Dr. Pillsbury explained that the bill was for part of June, that she would like to give them a resolution, and that the constituents are not satisfied with “this is the way we have always done it”. Dr. Pillsbury expressed that she felt this was something the committee needed to address. Dr. Pillsbury also stated that she attended a first district meeting to increase communication with her constituents. Mr. Rocha elaborated by saying Dr. Pillsbury, Mr. Boggerty, and himself met to discuss setting up a platform for members of the first district where the goal is to reach out to every homeowner’s association, civic association, and development to pass information back and forth. Mr. Rocha further explained that the platform will be for them to give their complaints or any issues that they may have, as well as bring in city leadership and members of the community to come and talk about certain things and to keep the first district up to date on what is going on. Mr. Rocha noted that they are still ironing out some logistics, so he does not have a date on when they are going to kick it off, but just wanted to let everyone know that the first district representation is working on that. Mr. Rocha explained that once they get the information and a flyer, they will send out save-the-date information and hopefully capture data with that process. Mr. Rocha stated that he had a discussion with an individual and that it is going to probably be brought to the Council Committee of the Whole Agenda very soon. Mr. Rocha stated that he is working on looking at legislation and the City of Dover

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 7 Ordinance. Mr. Rocha noted that he has not spoken with Mr. Hugg about it yet, but there was an individual who applied for a handicap spot in Cannon Mills that is right in front of his house. Mr. Rocha explained that the individual parked there and that there are handicapped individuals in his house. Mr. Rocha stated that he took the liberty of filling out the application and is taking the proper steps to get the handicap spot placed in front of his house. Mr. Rocha stated that the problem is that our Ordinance says that anyone with a handicap sticker, is at liberty to park there. Mr. Rocha stated that he is looking at an ordinance that Baltimore has, that says if you fill out the application and apply for that space for individuals that have disabilities that live in the household then that parking spot would belong to them and that if anyone else in the neighborhood would need a parking spot because of their disability, then they would have to come down to City Hall and fill out the same application. Mr. Rocha stated that he will discuss the issue with Mr. Hugg and Councilman Taylor to try and get this item on the Safety, Advisory, and Transportation Committee Agenda. Second District Mr. Hare wanted to make everyone aware that at New Burton Road and Wyoming Avenue, the State has painted stripes that are where you stop at the stop sign. Mr. Hare noted that he has received complaints because if you stop there, you cannot see what is coming. Mr. Hare stated that he went there and stopped, then the guy behind him honked. He started moving out more and more, then a car came. Mr. Hare stated that he got right out to the road and a car flew by going about 70 miles an hour. Mr. Hare expressed that he felt that the State of Delaware is putting itself in a position for a lawsuit. Mr. Hare spoke to an attorney that said, “he would be willing to do it, but he hoped he did not have to because that means someone got hit." Mr. Hare noted for the record, that the Department of Transportation needs to get out there and do something. Mr. Hare stated that in regards to the guy that has the trees in his backyard if they need to come down, then they need to come down, but something has got to happen because if you follow the state law, you can't see what is coming on the left side. Mr. Taylor stated that he went on a field trip with Councilman Anderson, to Anne Arundel, Maryland for Diversity, and Inclusion in the marketplace, it was a workshop for half of a day. Mr. Taylor stated that it was awesome and that it was fantastic the way the State of Maryland operates when it comes to diversity and inclusion in the marketplace, just allowing an even playing field for every business, minority businesses, and others. Mr. Taylor noted that he looks forward to us getting something like that here. Mr. Taylor stated that he took a field trip downtown with the Downtown Dover Partnership’s Safety Committee and that they have work to do. Mr. Taylor noted that they have tree roots, tripping hazards, and all different kinds of things everywhere. Mr. Taylor stated that they have decisions that they need to make about

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 8 some of these trees. Mr. Taylor agreed that they look great and are fantastic, but he had a sheet in his bag where a young lady had tripped, and he got the information about her tripping. Rocks are being thrown through windows and the roots are moving all these rocks, they are pushing everything up. So again, we have decisions to make. Mr. Taylor stated that they are going to have to cut some of these trees down, which is just the bottom line, and then put some other trees in that are a lot friendlier when it comes to the downtown environment. Mr. Taylor stated that he took a trip to Raymond Street. He went out to see exactly what the Patel College Properties were talking about when it comes to their claims to the land. Mr. Taylor suggested that everyone take a field trip and see the images that they saw in the presentation from Ms. Melson-Williams. Mr. Taylor noted it was hard for him to decipher them, even knowing the area, but when you go there and you see it with your own eyes, you will be able to see exactly what the Mishoe family is saying and exactly what the city representation is saying. Mr. Taylor invited everyone to attend the Police Chief’s Advisory Committee Meeting on August 10, 2022, at 6:30 p.m. at the Dover Police Department to discuss the City of Dover Loitering Ordinance. Madam Clerk Bennett stated that she would post a notice of a potential quorum this evening. Mr. Taylor also acknowledged Mr. Bobby Wilson, who was instrumental in Mr. Anderson and himself attending the diversity and inclusion in the marketplace in Baltimore. Third District Ms. Arndt stated that a constituent had noted that they were seeing a lot of shopping carts being left in the neighborhoods that are behind Big Lots and she referenced some shopping carts from Target, which she supposes are not a problem right now, but was not sure what the protocol was for removing the shopping carts. Responding to Ms. Arndt, Mr. Hugg stated that he was unsure and would follow up with Code Enforcement and the Store Owners. Mr. Neil was absent. Fourth District Mr. Anderson stated that he had spoken with Mr. Hugg, City Manager, and that by the end of the month he will be sending a list of specific places that need improvements or restorations, repairs, et cetera, in the district. Mr. Anderson stated that he has attended several meetings in the district, including Neighborhood Watch and Restoring Central Dover. Mr. Anderson noted that there have been different concerns that have come about, as well as a lot of praise. Mr. Anderson explained that a lot of people feel that the City is heading in the right

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 9 direction, that it is safer, that a lot of things are going better, and they feel like some of the infrastructure needs are at last being addressed. Mr. Anderson stated that one question that was raised was a positive feeling from the people, who follow either online or on the web about the mosaic presentation. Mr. Anderson stated that one criticism he heard was that it seemed to address very little when it came to housing and residence. Mr. Anderson stated that there was a question for Habitat for Humanity regarding a property at the corner of Fulton and West Street that some neighbors would rather not see developed, it has a very large old tree there, which makes development hard anyway on such a small lot. There is also a property that the city acquired a little further up the street across from 101 and there is an openness to a swamp if the city is interested. Mr. Anderson thanked Mr. Hugg for his leadership on a nuisance ordinance, which you will see probably next month for discussion. Mr. Anderson also noted that they are looking at the revival of Safe Communities now that they have a clear line of authority and some other protections as well. Mr. Sudler stated that on July 6th, 2022, Councilman Anderson, Councilman Boggerty, and himself conducted a fourth district meeting to provide an update on the fourth district meeting that they had in June and to hear additional concerns from the fourth district. On July 19th, 2022, he received a call from the first district, Councilman Rocha, who advised him that there was a concern regarding 31 South New Street, an electrical issue in the dwelling, and a possible landlord-tenant violation. He advised Mr. Sudler to go over there and look at things. Mr. Sudler stated that he did go immediately and took pictures, but by the time he got there, he met the landlord, and the landlord had an electrical service being rendered at that time. Mr. Sudler noted that it was a great partnership and thanked Councilman Rocha for giving him the call. Mr. Sudler noted that Councilman Boggerty also played a major role in that. Mr. Sudler stated that it was great teamwork and a great team effort. Mr. Sudler stated that Councilman Anderson was made aware. Mr. Sudler noted that they all made sure they were communicating for the benefit of their constituent. Also, Mr. Sudler received a call from a constituent at 121 Ann Avenue on August 8th, 2022, regarding a follow-up of overgrowth where electrical wires are hanging, with a concern about possible fire or an electrical issue. Mr. Sudler stated that he received a concern from Ms. Ryder regarding heavy traffic, speeding on College Road, and whether there has been a traffic impact study or statement for Kenton Road, Salisbury Road, and College Road. Ms. Ryder would like to know the number of accidents and speeding violations. Ms. Ryder advised Mr. Sudler that she was concerned that with the new project coming up, her granddaughter may be in harm’s way due to excessive traffic currently there and traffic that could be there soon.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 10 At-Large Mr. Boggerty went to the Day in the Park on August 7th, where there were book bags and other festivities, along with the police community vehicle. Mr. Boggerty stated that he attended the Prostate Awareness Event Banquet at Jonathan's Landing. Mr. Boggerty noted that it was near and dear to his heart, so he represented the Council there. Mr. Boggerty stated Council President Sudler was also in attendance. Mr. Boggerty attended the ARC Program which is for individuals with intellectual disabilities. Mr. Boggerty explained that the event was a Friday night party and that he went and did the electric slide and every other dance. Mr. Boggerty stated he had a blast; he also contacted the City Clerk’s Office to see if there is a day that they can come, present their program, and to let them know that we consider them constituents as well and that we want to hear from them and possibly lead us in the pledge of allegiance. Mr. Boggerty stated that he attended the first and fourth district meetings. He also followed up with Mr. Lyon and the diversity. Mr. Boggerty stated that he knows an individual who knows how to draft a diversity policy with vendors. Mr. Boggerty stated that he made a connection, withdrew himself, and allowed them to speak. Mr. Boggerty stated that he was going to work on something or look at what they need to do to enforce landlords in the city who have a business, to have some level of insurance. Mr. Boggerty would like them to present insurance when they request a Business License and a Renter's License in the city. He hopes to avoid what they have downtown now with an owner who may or may not have insurance and now they do not have a way to follow up with anybody to recoup the costs. Mr. Boggerty stated that there were three business break-ins, Top Notch Sewing, Maxine's that whole place, and Suds Bar downtown. Mr. Boggerty noted that the Police did their job to catch the individual and that he was released on his own reconnaissance. Mr. Boggerty went to visit Ms. Cartwright, who owns Top Notch Sewing and does his alterations. Mr. Boggerty stated that he teases her. Mr. Boggerty stated that you talk about people who work hard, these are small businesses, and they work hard. Mr. Boggerty stated that they took so many items from those businesses, Miss Maxine's shop and all those shops there in Suds Bar. Mr. Boggerty stated that the building owner is not taking care of that building. Mr. Boggerty stated that there are individuals upstairs but somehow the building was broken into. Mr. Boggerty stated that they put a cheap fix on it, but when they finally went upstairs, there were used condoms, beer, and mattresses. Mr. Boggerty noted that it was not just the building on the other side that is not used and was not being taken care of. Mr. Boggerty stated that Council needs to do something to bend someone’s ear. Mr. Boggerty recognized mental health, that drug addictions are real and that a dual

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 11 diagnosis is real. Mr. Boggerty stated that they just cannot have someone do that and then 10 minutes after they are caught, they are out. Mr. Boggerty noted he was very upset about it. Mr. Boggerty stated on some level he would support increased enforcement of some things in that area because that is not what they want to represent as a city. Mr. Boggerty stated that he spoke to some individuals from other cities to ask how they addressed their downtown issues. Mr. Boggerty stated that they took the stores that used to be in the mall and made them freestanding stores, for example, a Foot Locker. Mr. Boggerty is contacting some bigger box brands, to see if they are interested in opening downtown, especially with one of our facilities losing stores at a rapid pace. Mayor Mayor Christiansen was absent. Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement Committee, hearing no objection, the meeting adjourned at 6:29 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Sudler moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. Evaluation of Bids – North State Street Water Main Replacement (Jason Lyon, Director of Water Wastewater) Mr. Lyon, Director of Water and Wastewater, reviewed the background and analysis regarding the Evaluation of Bids for the North State Street Water Main Replacement. Staff recommended awarding the contract to A-Del Construction for the water main replacement of North State Street, RFP #22-0035WW, for $2,795,000. Responding to Mr. Sudler, Mr. Lyon stated that the next water main replacement is an alley replacement on the east side of West Street. Mr. Lyon explained that they did the west side of the alley last year. Mr. Lyon stated they anticipate doing that in the spring/summer of next year, but it depends on the timing of the materials. Responding to Mr. Sudler, Mr. Lyon stated that the average is 100 feet per day and a city block is roughly 500-600 feet. Mr. Lyon noted they are aware that underneath the asphalt, in this scope, there is a large amount of concrete. Mr. Lyon stated that in a normal project on the city road, there is no concrete underneath the asphalt, it is just stone. Mr. Lyon stated that it is easier for the contractor to dig in there and

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 12 get it out. Mr. Lyon explained that the concrete may be a little bit longer, so maybe from 100 feet down to 80 feet per day. Mr. Lyon stated that they are not going to close the road down until they have the materials. Responding to Mr. Sudler, Mr. Lyon stated that he has talked to suppliers with this level of material, but for stuff that they would use internally, they are seeing as early as four weeks for a substantial amount, and as long as nine months. Mr. Sudler stated that he appreciated Mr. Lyon for coming forward and bringing the information that he brought, especially since Mr. Lyon hears Council in the bidding process. Mr. Sudler noted that Mr. Lyon is making some adjustments in regards to the collaborative effort with Council, and Team Dover. Mr. Sudler stated that as a Council person, it really means a lot to him, for Team Dover to keep up the good work, and that it is not going unnoticed. Mr. Sudler stated that he is recognizing it and can feel when someone is genuine and authentic and that he knows that Mr. Lyon is doing a great job. Responding to Mr. Sudler, Mr. Lyon stated that Mr. Hugg, Ms. Duca, our Central Services Director, Mr. Hamlet, and the new Planning Director, Ms. Gray, have had conversations about this. Mr. Taylor stated that he too has heard Mr. Lyon’s words. Mr. Taylor thanked him for the efforts that he is putting forth in bringing some balance to the bidding process and allowing minority businesses to have their opportunities to partake. Responding to Mr. Taylor, Mr. Lyon stated that he believes the companies that did not bid, saw the other competitors in the room and found that they could not compete with them, or that they did not want to take the gamble on putting a price out with the price fluctuation of pipe, which is the biggest part of the project. Responding to Mr. Shelton, Mr. Lyon stated that this is on a long critical route, that it is next to a school, and so they must do a lot of public outreach. Mr. Lyon stated that it will be a lot of hand deliveries but once they have a better handle on the actual timeframe, then they will get something out to them in hand. Mr. Lyon explained that they anticipate, hopefully starting in the fall and that it should be a 360-day project once it starts. Mr. Lyon clarified that the 360 days include the lead time on the equipment, so the actual digging will not be 360 days. Responding to Mr. Rocha, Mr. Lyon stated that the contractor is responsible for getting all of the equipment, manpower, and materials to do the project. Mr. Lyon stated that the contractor is also responsible for storing the material, whether they solicit that from a local area, for a laydown area, or they just bring it in daily. Responding to Mr. Sudler, Mr. Lyon stated that our inspection team inspects the materials before installation, and then again when it is installed. Mr. Lyon noted that there are tests performed on the water materials to make sure that there is no

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 13 leaking, no gaps, or anything like that. Mr. Lyon noted that they do not inspect the location of where they store it. Mr. Sudler suggested that they should add inspecting the storage location to the process, just to make sure that the conditions are conducive for the high-quality product, which they are paying for. Responding to Mr. Taylor, Mr. Lyon stated that construction projects of this scope, have a performance bond, which is utilized to say that the contractors are obligated to do the work and that if they flake out, for some reason, they win the lottery and dissolve their company. The city can pull that amount of money and use that to give it to another contractor. Mr. Lyon explained that there is also a bid bond during the procurement process, in which you must put up a certain amount of bond to make sure that you are viable as an entity to bid on a project like this. Mr. Lyon further explained a maintenance bond, which is a one-year bond that guarantees the installation of the workmanship for a year. Mr. Lyon stated that if anything happens, then the contractor is responsible at no cost to the city. Mr. Lyon noted that some companies are self-insured, and some others have different companies that will hold the bond, however, most are self-insured. Mr. Hare moved to recommend awarding the contract to A-Del Construction for the water main replacement of North State Street, RFP #22-0035WW, for $2,795,000, as recommended by staff. The motion was seconded by Mr. Taylor and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call. Mr. Rocha moved for adjournment of the Utility Committee, hearing no objection, the meeting adjourned at 6:47 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Ms. Arndt moved for adoption of the agenda as amended to move, Discussion on Supplier Diversity (Donyale Hall, Minority Contractors & Associates) to Item #3. The motion was seconded by Mr. Rocha and unanimously carried. Transformational Leadership – Professional Development Proposal (Jamee Boone, United Way) Ms. Boone reviewed the presentation entitled “Transformational Leadership Proposal” Attachment #1.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 14 Responding to Mr. Sudler, Ms. Boone stated that it will be done from the pre- design. Ms. Boone stated that there will be a pre-assessment of individuals, to understand where the leaders are right now. Ms. Boone noted that whatever content they are building is going to be able to handle the diversity of those skills and experience that is in the room. Ms. Boone stated that she typically likes to include some pre-work, so there may be some things to make sure that individuals that come in have a common understanding and language. Ms. Boone explained that there may be something for them to read, something for them to review, something for them to do, and an assessment that would help them to ping where everybody is. Ms. Boone suggested that being in a place where leaders will not get distracted, because oftentimes when it is left in their regular shop, there is always that tendency to get distracted. It will be a half day, of engaging them in the training, that would also include a post report and evaluation of the results, as well as some recommendations. Ms. Boone stated that there are some things that she thinks the city could take into consideration, such as how to sustain that. Ms. Boone noted that it is not going to be solved in a day and a half. Ms. Boone stated that it will have a good foundation that can be built off of individual action plans, and those recommendations on how this can be transitioned into current roles within the City of Dover and sustained beyond that. Responding to Mr. Sudler, Ms. Boone stated that this will be one, 4.5 – 5 hours long session. Ms. Boone explained that it will dovetail into the Diversity, Equity, and Inclusion initiative. Ms. Boone noted that change starts at the top with leadership. Ms. Boone further explained that from the culture surveys, it is important to start at the top and have the progress cascade down to the other staff. Responding to Mr. Taylor, Ms. Boone stated that the number of people is restricted by the size of the room. Ms. Boone explained that they can handle a larger group, they just need to find a space large enough to accommodate. Ms. Boone clarified that the training would take place in October before the holiday season. Mr. Sudler moved to recommend entering a contract with United Way to provide Transformational Leadership, Professional Development training. The motion was seconded by Mr. Taylor and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call. ERP Project Implementation Update (Lori Peddicord, Controller Treasurer) Ms. Peddicord reviewed the presentation entitled “Enterprise Resource Planning (ERP) Implementation Update” Attachment #1.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 15 Responding to Ms. Arndt, Ms. Peddicord stated that the HTE is an internal system, so, there is not as much of a risk, but because of the changeover in directors with IT, she did not know if that was on the Director’s priority list. Ms. Peddicord noted that she had talked briefly about it when Mr. Josefowski took the position. Ms. Peddicord explained that one is not such a big challenge, because they are going to be operating out of that one for a couple more years, because we have Licensing and Permitting in there. Ms. Peddicord stated that the one she is worried about is ADP, just because there probably are things in there, that we should dump out into some sort of sandbox or some system to archive it. Responding to Ms. Peddicord, Ms. Rachel Engle, Assistant City Clerk, stated destruction or transfer of documents must go through the City Clerk’s Office. Ms. Engle noted that the City Clerk’s Office works with the Delaware Public Archives and follows the State of Delaware Retention Schedule. Responding to Ms. Arndt, Ms. Peddicord stated that they document the process but though the individual may use the process and understand it because they do it every day, somebody else cannot necessarily pick it up. Ms. Peddicord stated that she has stressed the importance of putting keynotes in there, especially because, more so in phase three, there is an interaction between multiple departments. Ms. Peddicord stated that she and Ms. Marney have shared most recently because again, it is not only having the person that is doing the process document it but having somebody who does not know the process, take that instruction, do it and then go, "I'm stuck. I don't know where to go." Ms. Peddicord noted that yes, we are trying to make sure that is covered. Responding to Ms. Arndt, Ms. Peddicord stated that she does not have a full cost savings understanding of having employees from Tyler help implement the program. Ms. Peddicord noted that they are shuffling all kinds of work, trying to meet all demands with their normal work, and trying to get this to go live. Ms. Peddicord noted that the cost might roughly say $10,000 and if I said I needed them for eight days, that would then give me them for four days around each pay period in whatever month they might be available. Ms. Arndt stated that it sounded like a reasonable request and asked Ms. Peddicord to draft a proposal to bring before Council to consider in the future. Mr. Taylor stated that he was 100 percent on board with Ms. Arndt about bringing a proposal before Council. Responding to Mr. Sudler, Ms. Peddicord stated that the turnover was not just in her department, but she believes they left for other jurisdictions for more money. Responding to Mr. Sudler, Ms. Peddicord stated that she met with Naomi Poole, Human Resources Director, and that all her team members have met as well. Ms. Peddicord explained that they try to meet frequently if there are issues but not so

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 16 frequently if it is running smoothly. Ms. Peddicord noted that she has also met with the Police Department’s staff to make sure that they have an understanding because they had transitions with staffing over there. Ms. Peddicord stated that Tyler can perform applicant tracking, submit resumes online, and then we can circulate that information electronically to our department heads. Ms. Peddicord noted that applicant tracking is another piece of this module that we have built but are not using right now, because they are just trying to get the go-live to go live. Ms. Peddicord stated that those are some of the requests that she had when she walked in. Ms. Peddicord is all for it, she just must get the biggest piece of this to go live first. Ms. Peddicord stated that with the turnover in the Human Resources Department, some of their documents regarding processes were not as fully outlined as they could have been. Ms. Peddicord stated that nobody else picked it up while the other person was there and tried to perform that same task. Ms. Peddicord stated that those are some of the challenges they are encountering. Responding to Mr. Sudler, Ms. Poole stated the biggest thing that she ran into, coming into this department, is that the person who would enter the information into the system was the only person who knew how to do that. Ms. Poole stated that once that person left, they were left reeling, trying to figure out what they needed to do, to quickly learn. Ms. Poole explained that it was during the open enrollment, so it was a stressful period to try and figure out everything. Ms. Poole further explained that there was some backlog in trying to figure out and trying to implement all the information into the system. Ms. Poole stated that an issue she encountered from a timeline perspective is that they are entering information into two systems. Ms. Poole stated that they are using ADP, Tyler, and then also entering benefit information into every benefit site, so it becomes timely. Ms. Poole explained that with the way that they were left to pick up the pieces once they lost their HR Coordinator/Administrative Assistant, they just had to work to try and figure each piece out. Ms. Poole stated that what has helped to remedy this is, is that they have hired a new HR Coordinator, who started on the 18th of July. Ms. Poole noted that Ms. Riley is very smart, very quick, and was able to pick up on the systems. Ms. Poole stated that Ms. Riley is not afraid to get in there and click around, which is a great thing. Ms. Poole explained that it was easy to train her and that from her starting on the 18th she has gotten them pretty much out of the water. Responding to Mr. Sudler, Ms. Poole stated that Tyler is a very clunky system. She has worked with numerous ATS systems, and HRIS systems, that are a little bit more intuitive, but Tyler is not. Ms. Poole explained that Christina, who has been here the longest, as well as LaVette, who has also been here for some time, knows the ins and outs of the system. Ms. Poole stated that she and the new HR coordinator are still learning. Ms. Poole explained that it is a system that is a little bit clunky regarding fully understanding pieces of it and figuring out what the whole is. Ms.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 17 Poole stated that might not make sense, but it is a hard system. Ms. Poole stated that as of right now, she has taken a back seat to allow this process to happen, regarding this go-live date because she does not want to mess anything up. Ms. Poole stated that she hopes that once they go live, she can play around in the system a little bit more, by way of entering data into the system from an ATS process. Responding to Mr. Sudler, Ms. Peddicord stated that for the needs assessment, Barry Dunn helped them put together what they needed the system to do. Ms. Peddicord noted all department heads were involved when the bids came in. Ms. Peddicord stated that there were two bids and Tyler won that bid because it was a larger operating system for larger governmental entities. Ms. Peddicord stated that in regards to the timing of all the challenges they have had, she cannot tell them, but the timing should be a year to a year and a half, but with all the challenges they have had there is no way. Ms. Peddicord contributed to the delay and also the limitation of staffing. Ms. Peddicord stated that she wanted to make sure everyone was aware of the proposal that Ms. Arndt requested and that they are not necessarily coming here to train. Ms. Peddicord stated that as they implement, they will train and walk through the process. Ms. Peddicord stated that they are supposed to document their processes, and have an instruction guide as to how they conduct that process. The Tyler professionals are going to come on board and help them dig into the last few problems that they need to fix. Responding to Mr. Sudler, Ms. Peddicord stated they are only halfway through, and it was originally a three-year suggested contract or outline for implementation. Ms. Peddicord stated that she said they are at year five and would project another three years. Ms. Peddicord stated that the delays are affecting all of the staff, by more workload and duplication. Responding to Mr. Shevock, Ms. Peddicord stated that before Covid there was a working group of Tyler users, but that they have not met since the COVID-19 Pandemic. Responding to Mr. Boggerty, Ms. Peddicord stated that she is not worried about Tyler being obsolete because as they are progressing along, they are upgrading each version. Ms. Peddicord stated that they started in 2017 and now are at the 2020 version. Ms. Peddicord noted that it takes time out of their schedule, time out of their system, training, and time out of their daily processes. Ms. Peddicord explained the city used HTE for at least 20-25 years, so this one we should expect to have for 20-25 years. Responding to Mr. Hare, Ms. Peddicord stated that the City of Dover is paying Tyler as they progress through the implementation. Ms. Peddicord stated that they are paying for Tyler to be here to show the Finance Department how to use the

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 18 system, build the system, et cetra. Ms. Peddicord noted that Tyler sold a prior product that did not work, and that the city was reimbursed because she was trying to be financially responsible by not paying for a product that would not work. Ms. Peddicord explained that the city is not paying a monthly fee to use Tyler and that they are paying for it when Tyler comes to help implement the program. Responding to Mr. Hare, Mr. Rocha stated that he understood Ms. Peddicord’s point of view and from experience, he realizes that the city is at a point with Tyler, where there is no turning back. Responding to Mr. Rocha, Ms. Peddicord stated that city staff is entering data into two systems while the Finance Department is performing parallels. Ms. Peddicord noted that payables and cash receipts are live and are occurring in Tyler. Ms. Peddicord explained that unfortunately because of the number of processes and the number of departments that are involved in the citywide system, some multiple functions and processes are different among the departments. Ms. Peddicord stated that an example is utility billing, you have to get your services into Tyler that they are billing, and then you need that data out of your legacy system to put in your new system. Ms. Peddicord stated that is where the conversion and the crosswalk occur. Ms. Peddicord stated that working with the conversion data has been a huge challenge and that the largest challenges are within the utility billing module because you are bringing over a lot of historical data that you do not want to have to re-key or restructure. Ms. Peddicord noted that you just want to provide them with the conversion and hope that they place it in the right fields. Ms. Peddicord anticipates only having these issues with the business licensing and permits. Responding to Mr. Rocha, Ms. Peddicord stated that the old system was 20 years old and once the city received two bids, they had to do something. Responding to Mr. Anderson, Ms. Peddicord stated that Tyler is a $2.4 million dollar investment, and that staff has taken on the task of implementing the system. Discussion on Supplier Diversity (Donyale Hall, Minority Contractors & Associates) Ms. Hall reviewed the presentation entitled “Overcoming the Barriers: Doing Business with the City of Dover” Attachment #2. Responding to Mr. Rocha, Ms. Hall stated that in regard to veteran status, there is the recognition that you have served and that it puts you in a different queue to be able to participate. Ms. Hall stated that it does not guarantee participation. Ms. Hall explained that some are in the school of thought that they should have a quota and some feel that we should not. Ms. Hall explained that she would like to see everyone have an opportunity. Ms. Hall stated that equity is about opportunity and leveling the playing field. Ms. Hall stated that she is satisfied with being given the

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 19 opportunity to find the resources, access them, and then be given the tools that she needs to be able to connect the dots. Ms. Hall stated that there are 200 agencies that would help someone if they were a veteran and wanted to figure out how they could best position themselves. Ms. Hall explained that the Federal level has a System for Award Management. At the State level, you must go through the Office of Supplier Diversity, which is a physical paper application that somebody is having to input. Ms. Hall explained that it is taking months to even become a part of that information base. Ms. Hall further explained that when they are sending out requests for bids, there are people that may not appear on that list because of the delay. Responding to Mr. Rocha, Ms. Hall stated that opportunity is the ability to compete and to be awarded the contract. She explained that at the baseline, entry to opportunity is a building block to get you to the next level. Ms. Hall stated that starting with the end in mind, you do everything to get you there and to be prime on the contract. Ms. Hall stated that many companies qualify to be prime on a contract and that they could incentivize pulling in some smaller companies that do not have the capabilities to participate in those contracts, at some offset to the prime person in the form of an incentive or a benefit. Responding to Mr. Taylor, Ms. Hall stated that the process of responding to Request for Proposals (RFP), or Request for Bids is a little ominous. Ms. Hall explained that when looking at the RFP, there is criteria that you must meet to even apply or bid on a project. Ms. Hall stated that if you have not been able to demonstrate the capabilities of being able to execute that contract, there is really no sense in even applying. Ms. Hall stated that this why it is important to have those incentives in place, what you could do conceivably as a person, who can meet those logistics of the process, who may be able to participate in a partnership, an agreement, or something that will allow you the opportunity to scale up and get to that. Ms. Hall stated that she did not see a place to submit a subcontractor on the RFP. Responding to Mr. Anderson, Mr. Hugg stated that the city is working on the website and looking for ways to make it more intuitive and easier for people, whatever the topic might be. Mr. Hugg acknowledged that the website has some issues that need to be addressed. Mr. Hugg stated that after the last Council meeting, Mr. Lyon took the ball and they started having discussions and emails back and forth looking for ways to just outreach better. Mr. Hugg stated that this includes contact with the state agencies and making sure that they do not miss links, or things of that nature that they are wanting to do. Mr. Hugg stated that equity is part of the City’s Diversity, Equity, and Inclusion Initiative. The City has a committee that has been working for about a year, with a contract through Fusion Alliance to help develop a new strategy and a new plan.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 20 Mr. Hugg believes that they have done good things already, but it is still early in the process. Mr. Hugg noted that they are currently looking at the permitting process and at adopting new ordinances, but it is an ongoing discussion. Mr. Hugg invited Ms. Hall and Mr. Bobby Wilson to join the Diversity, Equity, and Inclusion Committee at their next meeting. Mr. Bobby Wilson, 32 West Loockerman Street, Suite 101D, asked if on past projects, were there federal funds involved and if there were any minority participation on the projects when federal dollars were involved. Mr. Jason Lyon, Director of Water and Wastewater Engineering Services stated that when the city has received federal funds on projects that he has been a part of, that there is a requirement for a certain amount of solicitation from the general contractor to minority business enterprises, disadvantaged business enterprises, and women-owned business enterprises for a certain percentage of the work on the project. He further explained that if the general contractor, who has been granted the contract cannot solicit, or if they try and no one gives them a proper bid, then that is the satisfaction of the federal government. Responding to Mr. Wilson, Mr. Lyon explained that every month, the city must get receipts of what the contractor solicits. Mr. Lyon further explained that for the city to get reimbursed from those federal funds, they must submit that as part of the project. Mr. Wilson asked if the City of Dover could not reinvent the wheel but follow what the federal government already has in place. Mr. Wilson stated that it seemed that when it comes to minorities, if the federal government is not involved, then they do not get their share. Mr. Wilson stated that the city government needs to be involved where the federal government is involved and to look at the State of Maryland. Mr. Wilson suggested having a retreat for the City Manager to go and meet some of the leaders in Maryland that are already in the mix of doing this in different counties, such as Baltimore, Montgomery County, and the City of Baltimore. Mr. Wilson stated that adding another box will only bring the disabled veterans into the fold but at the same time, that disabled veteran is going to have to bid against Till Construction. That disabled veteran was not in business a hundred years ago and with the buying power of Till Construction versus that veteran, the veteran would not have a chance. Mr. Wilson asked, if you have on your supply diversity, where you get 3% here, 3% here, 3% here, and there is a minority company that is in the City of Dover, they should get 6%? Mr. Wilson stated that they should double up on that 3%. Mr. Wilson stated that if they cannot double up on that 3% then they are still competing against Till Construction because they are getting 3%. Mr. Wilson asked if he is still getting his percentage and then he bids against Till Construction if they get the

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 21 same percentage. Mr. Wilson then asked how that is helping him as a disadvantaged organization. Mr. Wilson asked the city to look at changes the State of Maryland has made and he noted that he has talked with a Maryland Attorney who is willing to come here and work with us. Responding to Mr. Wilson, Mr. Boggerty stated that the individual he connected Mr. Lyon to has an extensive background in federal and minority contracting. Mr. Boggerty stated that the Council hears their constituents and that they are taking steps and connecting the right people. Mr. Boggerty commended Mr. Anderson and Mr. Taylor, who took time off of work to go on a trip to Maryland to learn about supplier diversity. Ms. Faye White, Luther Village Two, Apartment 2219, requested more participation from Council in each district. Ms. White stated that she believes Council should have an office in each of their districts and that crime can be handled more quickly. She stated that constituents need to see Council members before election day and that Council Chambers should be full. Responding to Ms. White, Mr. Boggerty stated that during the Council Reports many continue to state where they are, where they are going, and where they have been. Mr. Boggerty stated that the first and fourth districts have been having meetings and Council has been showing up and even hosting community events. Mr. Boggerty stated that many members of Council have full-time jobs, caretakers for their parents, et cetera. Mr. Boggerty stated it is an honor to serve and that they are out in the community. Councilman Anderson and Taylor went to Maryland. Councilman Anderson, Councilman Sudler, Councilwoman Arndt, and Councilman Neil were at somebody’s house to address issues. Mr. Boggerty stated that constituents can schedule a time to meet with Council. Mr. Boggerty explained that a month ago he met with 12 members of a gang and eight have since started working, so Council is meeting people. Responding to Ms. White, Mr. Anderson stated that due to the expense of four offices in a city the size of Dover would never happen. Mr. Anthony Whitaker, 26 Stevenson Drive, Manchester Square Apartments in Dover, Delaware, stated that he has noticed that the youth in the Dover area are at an extreme risk right now. Mr. Whitaker noted that he is seeing youth fall into violence and gangs and that they play with trash. Mr. Whitaker stated that when he was growing up, they had chalk, played on the streets, and played tag. He stated in 2022, our youth is self-destructing. Mr. Whitaker expressed that he felt that Dover needs more people to advocate, help, and be around. Mr. Whitaker stated that the city needs more programs. Mr. Whitaker noted that the YMCA and the Boys and Girls Club are located in Camden, but that they are not accessible due to funds and

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 22 distance for most families. Mr. Whitaker stated that he does not have a proposal, but wanted to raise the concern, because he came from a big city, but has never seen what he has seen living here now for over eight years. Mr. Whitaker volunteered to partner or help extend his hand in making a difference in the community. Responding to Mr. Whitaker, Mr. Anderson stated that the city needs to do a lot more. Mr. Anderson stated that he wanted to spread the word that the Parks and Recreation Department has a program where fees can be waived for people who show that they are on public assistance. Mr. Sudler commended Mr. Whitaker for coming up and letting his voice be heard in a setting like this because sometimes they can be intimidating. Mr. Sudler stated that Mr. Whitaker resides in the third district and suggested contacting Councilwoman Arndt, Councilman Neil, and Councilman Boggerty, who is the Councilman At-large. Mr. Sudler also recommended getting involved with the Human Relations Commission, not only just by coming to a meeting. Mr. Sudler stated that by getting involved in the process his observations can be heard more on a more frequent basis and as a little bit more interaction from an official setting. Mr. Taylor thanked Mr. Whitaker for his involvement and his desire to get involved even more. Mr. Taylor recommended getting involved with the Police Athletic League and the Green Beret Project as well, as it is out of Manchester. Discussion of Council Appointed Employees (Councilman David Anderson) Mr. Sudler stated he wanted to highlight this item because as Council President, he recognizes that they have organizational citizens and employees who are responsible. Mr. Sudler stated that he wanted to make sure that there are some set guidelines, ground rules, and expectations from Council as their supervisor. Mr. Sudler explained that City Council has three employees and that they want to make sure that all three are treated fairly, and equally and that they are provided the same opportunity as the others in the workplace considering and dealing with their work conditions. Mr. Sudler stated that he wanted to look at the current policies regarding the other organizational employees that report to the City Manager to try to align what they do and their expectations in the workplace with Council’s expectations for their senior administrators. Responding to Mr. Sudler, Ms. Arndt stated that she asked what the evaluation criteria were in the past and to at least have that starting point to see how Council employees were evaluated. The City Clerk's Office was kind enough to give that information to her. Ms. Arndt stated that her understanding from previous Councils is that the evaluation form did not necessarily fit that well for Council employees, that it worked well for leadership and those that Council employees were evaluating. Ms. Arndt suggested looking into something that would meet the Council’s needs more and be suitable in terms of criteria that they are responsive,

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 23 setting goals, and helping work through those goals. Ms. Arndt noted that this is just something of a higher level and helps Council work through the process of what the evaluation form should look like because what they have now does not seem to be adequate. Mr. Hare stated that he felt only the Clerk’s Office and the City Manager should report to Council. Mr. Hare explained that all other employees, including the Finance Director, should report to the City Manager. Mr. Hare explained that if things are not going correctly then Council can hold one person accountable, which is the City Manager. Mr. Hare stated as the City Manager, Mr. Hugg, should be responsible for the finance of the city, not someone that also reports to Council. Responding to Mr. Rocha, Mr. Hare stated that the Finance Director was never put under the City Manager because they never got five votes to change it. The City Manager is supposed to monitor what the city spends, does, and everything but not Council. The City Manager then comes to Council and gets permission. Responding to Mr. Rocha, Mr. Anderson stated that he wished Mayor Christiansen was at the meeting because he gives the best answer in history on that. Mr. Anderson stated that there are important reasons in any system of finances, you have checks and balances. Mr. Anderson explained that the Finance Director does not control the money but does oversee making sure that the money is spent according to policy, which should be reported and therefore should report to Council. It is important to have the watchdog not be accountable to the person who is spending the money. Mr. Anderson stated that the watchdog is the person who reports, audits, controls the flow of the finances, and makes sure that all the legal requirements are met. Mr. Anderson stated that you do not want the person who is the watchdog answering to the person that they are supposed to be watching. The Finance Director is a Council Appointed Employee for that reason. Mr. Anderson agreed with Mr. Hare’s overall point and stated that is why Council has been moving more in that direction with other employees such as the Assessor and the Director of Planning and Inspections. et cetera. Mr. Anderson noted that the Finance Director and City Clerk are two positions that will probably always remain under Council for that very reason. Responding to Mr. Sudler, Mr. Anderson stated that for the evaluations, the expectations, and the communication protocol, he believes that some things are different about senior management. Mr. Anderson does not feel you can treat them like an employee who clocks in and out because if Council needs the City Manager or City Clerk, any time, day, or night practically, they are answering, and they do not get overtime. Mr. Anderson stated that they have a right to maximum flexibility in their schedule because you come here. Mr. Anderson explained that he had an appointment with somebody and Ms. Bennett, City Clerk was still here at seven o'clock, and that Mr. Hugg, City Manager takes those phone calls when the electricity goes off, et cetera, at nine o'clock at night. Mr. Anderson stated that when they look at that, they must have some flexibility in the scheduling because their

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 24 job is not like everybody else's. Mr. Anderson stated that in his opinion they do not want to micromanage senior leadership. Mr. Anderson stated that he would like to see transparency and protocol for telework days so if the employee needs to be reached, Council can reach them. Mr. Anderson explained that if they have a doctor’s appointment, to take it, or if they take time off, let Council know who is in charge and whom to contact in their absence. Mr. Anderson noted that he would like to see better communication protocols without trying to micromanage the senior staff. Ms. Poole stated that what Council is asking for is very simple in the scope of things. She explained that her role is as a business partner, which makes it very simple for her to sit with Council and discuss what the expectations are and then for them to formalize that by way of a handbook or policy. Ms. Poole stated that what Council had discussed was tailoring the wording of what they are looking for from a competency standpoint regarding their staff in general. Ms. Poole stated that she is available to help however Council wanted to use her expertise. Ms. Poole stated that she has a lot of experience doing just that and that it is not a process that will take a lot of time. Ms. Poole stated that where they are going to run into a little bit of a difference will be in standardizing it and making it so that it is equitable amongst everyone. Ms. Poole stated that this is something that they can talk about offline as to what that looks like, because again if they are going to have expectations then they do want to make sure that they are being as equitable as possible. Ms. Poole stressed the importance of perception, and that they do not want to look as though a group of people are looked upon more favorably as opposed to others. Responding to Ms. Poole, Mr. Hare stated that he agreed with everything Ms. Poole said and that they do have an employee handbook. Mr. Hare stated that he does not believe that certain employees are any different from any other employees and that the rules should apply to all employees. Mr. Hare noted that the City Manager should not have more freedom than a department head or regular employee. Mr. Hare stated that he felt that if a Council-Appointed Employee would like to take time off or to work from home then they should request it like everyone else. Mr. Hare stated that he did not feel it is the Council’s job to manage the city. Mr. Hare stated that it is the City Manager’s and the Department Heads’ responsibility, and Council should only interfere if there is a problem. Mr. Sudler moved to recommend that they refer Item #4 to the Human Resources (HR) Department, the Director of HR for further discussion regarding mapping out Council’s expectations for Council Appointed Employees. The motion was seconded by Mr. Rocha. Mr. Boggerty suggested amending the motion to restate that under the guidance or the advice of the Human Resources Director, she will advise the Council on how to develop a policy for Council Appointed Employees.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 25 Mr. Hare stated that they are developing some level of an addendum, so Council can have oversight in point to a policy because what it sounds like, again, employees who report to the City Council have no written policy that governs them but if they do have a written policy that governs them, they are not abiding by it then. Mr. Anderson stated they need a process to evaluate, to monitor vacation because there are things that happen at critical times, et cetera, as well as performance evaluations. Mr. Anderson stated that all these things are very important. Responding to Mr. Hare, Mr. Boggerty stated that there is not enough policy, no rating, and nothing that is governing used as a benchmark for those employees that report to City Council. Mr. Boggerty stated that under the advice of the HR Director a policy would be developed. Mr. Sudler and Mr. Rocha rescinded the motion. Mr. Sudler moved to recommend that the Human Resources Director for the City of Dover advise City Council on how to orchestrate an addendum to the current handbook or enhancement to our current handbook policy for City Council Appointed Employees. The motion was seconded by Mr. Rocha and carried unanimously. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call. Mr. Anderson moved to recommend that the Human Resources Director be engaged to recommend a performance measurement for Council Appointed Employees. The motion was seconded by Mr. Hare and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury, and carried by a unanimous roll call. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection, the meeting adjourned at 9:14 p.m. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting, hearing no objection, the meeting adjourned at 9:14 p.m. Meeting adjourned at 9:14 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 26 APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN- PUBLIC ADVISORY COMMISSION OF THE MPO – DANA SHELTON – TWO-YEAR TERM TO EXPIRE 7/2024 Mayor Christiansen recommended the appointment of Mr. Dana Shelton to serve on the Public Advisory Commission of the MPO for a two-year term to expire July 2024. By consent agenda, Mr. Neil moved for approval of the appointment of Mr. Shelton as recommended by Mayor Christiansen. The motion was seconded by Dr. Pillsbury and unanimously carried. REAPPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN – BOARD OF ADJUSTMENT- KISHOR C. SHETH - THREE-YEAR TERM TO EXPIRE JULY 2025 Mayor Christiansen recommended the reappointment of Kishor C. Sheth to serve on the Board of Adjustment for a three-year term to expire July 2025. By consent agenda, Mr. Neil moved for approval of the appointment of Mr. Sheth as recommended by Mayor Christiansen. The motion was seconded by Dr. Pillsbury and unanimously carried. APPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT SUDLER – ECONOMIC DEVELOPMENT COMMITTEE - ONE (1) YEAR TERM TO EXPIRE MAY 2023 Mayor Christiansen recommended the following appointments/reappointments to the Economic Development Committee for one (1) year term to expire May 2023 Kim I. Adams – Minority Voting Member Clayton E. Hammond – Minority Voting Member By consent agenda, Mr. Neil moved for approval of the appointments, as recommended by Mayor Christiansen, seconded by Dr. Pillsbury, and unanimously carried. MONTHLY REPORTS – JUNE 2022 By motion of Mr. Neil, seconded by Dr. Pillsbury, 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 SILVER LAKE PRODUCTION WELL – CHANGE IN GENERAL/LEAD CONTRACTOR Mr. Lyon, Director of Water and Wastewater, reviewed the background regarding the Silver Lake Production Well.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 27 Staff recommended allowing Wickersham Construction and Engineering, Inc. to become the general/lead contractor for the project instead of Davis, Bowen and Friedel, Inc. Mr. Hare moved to recommend allowing Wickersham Construction and Engineering, Inc to become the general/lead contractor for the project instead of Davis, Bowen, and Friedel, Inc., as recommended by staff. The motion was seconded by Mr. Boggerty and unanimously carried. VEHICLE PURCHASE #690 – EASEMENT MACHINE Mr. Lyon, Director of Water and Wastewater, reviewed the background regarding the #690- Easement machine vehicle purchase. Staff recommended allowing staff to replace the existing easement machine #690 from Atlantic Machinery, Inc., which is through the approved cooperative purchasing company of Virginia Sheriff’s Contract in the amount of $56,312. Additionally, due to the volatile nature of the vehicle quotes and the lack of long-term price guarantees, allow the City Manager to execute any overages up to 15% of provided costs. Mr. Hare moved to recommend allowing staff to replace the existing Easement Machine #690 from Atlantic Machinery, Inc., which is through the approved cooperative purchasing company of Virginia Sheriff’s Contract in the amount of $56,312 and due to the volatile nature of the vehicle quotes and the lack of long-term price guarantees, allow the City Manager to execute any overages up to 15% of provided costs, as recommended by staff. The motion was seconded by Ms. Arndt and unanimously carried. SOLE VENDOR PURCHASE – PUNCHEON RUN PUMP STATION PUMP REPLACEMENT Mr. Lyon, Director of Water and Wastewater, reviewed the background regarding the Sole Vendor Purchase of the Puncheon Run Pump Station pump replacement. Staff recommended awarding the contract to Xylem Water Solutions USA, Inc. for the sole vendor purchase of the Puncheon Run Pump Station pump replacement. Mr. Hare moved to allow staff to award the contract to Xylem Water Solutions USA, Inc. for the sole vendor purchase of the Puncheon Run Pump Station pump replacement. as recommended by staff. The motion was seconded by Dr. Pillsbury and unanimously carried. DEPARTMENT OF PUBLIC WORKS FISCAL YEAR 2023 VEHICLE PURCHASE Mr. Nowak, Director of Public Works, reviewed the background regarding the Department of Public Works Fiscal Year 2023 Vehicle purchases using an approved cooperative purchasing company, Sourcewell. Staff recommended allowing the purchase of three vehicles in the Department of Public Works, #442, #365, and #405 with the use of surplus funds from project ST2003, using an approved cooperative purchasing company, Sourcewell. Additionally, due to the volatile nature of the vehicle quotes and the lack of long-term price guarantees, allow the City Manager to execute any overages up to 15% of provided costs.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 28 Mr. Hare moved to recommend allowing staff the purchase of three vehicles in the Department of Public Works, #442, #365, and #405 with the use of surplus funds from project ST2003, using an approved cooperative purchasing company, Sourcewell and due to the volatile nature of the vehicle quotes and the lack of long-term price guarantees, allow the City Manager to execute any overages up to 15% of provided costs, as recommended by staff. The motion was seconded by Ms. Anderson and unanimously carried. Responding to Mr. Anderson’s question regarding the transfer from the Meeting House Lane Project, Mr. Nowak stated that he could not give an actual time estimate now due to it just going through the design and what will be necessary for remediation. He further explained that there will still be a savings of $497,164.62. REZONING REQUEST FOR PROPERTY LOCATED AT 2285 FORREST AVENUE - FIRST READING OF PROPOSED ORDINANCE #2022-11 A request was received to rezone properties located at 2285 Forrest Avenue, consisting of 25 acres (overall existing parcel is 75.521 +/- acres), owned by Calvary Baptist Church of Dover. The equitable owner is Leander Lakes III, LLC. The property is currently zoned R-10 (One Family Residence) and partially subject to the COZ-1 (Corridor Overlay Zone) and the proposed zoning is RM-2 (Medium Density Residential) and partially subject to the COZ-1. (Tax Parcel: ED-05- 075.00-01-06.00-000; Planning Reference: Z-22-02) Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. Mr. Neil moved to refer the request to the Planning Commission on September 19, 2022, and set a public hearing for October 10, 2022 at 6:30 p.m. The motion was seconded by Mr. Taylor and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of Proposed Ordinance #2022-11 as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 2285 FORREST AVENUE Responding to Mr. Taylor, Ms. Gray explained that a Corridor Overlay Zone encompasses the lands adjacent to Delaware Route 8, Forrest Avenue and Division Street from the railroad tracks in a westerly direction to the city limit line and McKee Road. Saulsbury Road on the intersection of Denney’s Road, fully direction to the terminal intersection with West North Street. Ms. Gray further explained that the permitted uses there are related to the underlying stretch. The purpose of the Corridor Overlay Zone is to promote superior urban corridor development to the highest quality-built environment, foster coordination and provide linkage among corridor properties with adjacent lands, reserve functionality, and efficiencies of the roadway for traffic movement and achieve a visually balanced streetscape environment, which is friendly to the pedestrian and motorist alike.

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 29 CITY MANAGER'S ANNOUNCEMENTS Mr. David Hugg, III, City Manager, stated that this is the first council meeting since the employee cook-out get-together on August 18th under the theme "Together We Succeed". Mr. Hugg personally thanked members of the City Council who participated. He explained that members of council not only joined us, but we also had our esteemed DJ Councilman Rocha and the world's best cook, Council President Sudler, who did a super job with the chicken tenders, hamburgers, and hot dogs. Mr. Hugg stated that over 200 employees attended. Mr. Hugg also noted that everyone enjoyed meeting council members, meeting up with each other, and that he has seen a remarkable improvement in employee morale. Mr. Hugg thanked everyone that came out, said hello, and participated, including Dr. Pillsbury, who came out to help clean up. Mr. Hugg announced that the Diversity, Equity, and Inclusion committee will meet on Wednesday at 2:00 PM in the library. Mr. Hugg explained that it is a public meeting, and everyone is welcome to attend, if you have time to stop by. Mr. Hugg noted that it is a very lively and encouraging group of folks involved. MAYOR’S ANNOUNCEMENTS Mayor Christiansen also thanked and congratulated everyone on the success of the DE&I cookout and reminded everyone of several upcoming events. The Veteran’s Stand Down on September 23, 2022, starts at 8:00 a.m. with breakfast being served. He explained there will be all types of veteran services, including but not limited to clothing, counseling, haircuts, dental services, etc. Mayor Christiansen shared that Oktoberfest, sponsored by Triple D, is scheduled for Saturday, October 8, 2022, in downtown Dover. Also, the Mayor’s Silver Lake Regatta is being held on Sunday, October 9, 2022. The official celebration of Halloween for the City of Dover will be held on October 31, 2022, between 6:00 p.m. and 8:00 p.m. Mayor Christiansen also announced the Home for the Holiday Celebration, sponsored by the Central Delaware Chamber of Commerce and the Mayor and City Council, will be held on December 1, 2022, in front of City Hall at 6:00 p.m. The Holiday Electric Light Parade, sponsored by the Mayor and City Council, will be held on December 9, 2022, at 6:00 p.m. He further explained that there is going to be a competition among city departments as well as civilians that are going to be in this parade. So, there are going to be some cash prizes awarded to city departments that participate as well as civilians. Let me make something very clear. These two events are not sponsored by the Downtown Dover Partnership. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Taylor, Councilman for the Second District: First of all, my prayers to our Delaware State family. We pray for healing, that they may overcome this and prayers also for families of the survivors or the families who lost loved ones 20 years ago in our 9/11 tragedy. Lastly, I want to announce that this coming Saturday at 9:00 AM, in the Public Assembly Room at Dover Police Department, there will be a How to Succeed in the Hiring Process seminar. So please, everyone who is interested in being a Dover Police officer come to the Dover Police Department on Saturday and pick up the tips of how to have the advantage. Mr. Taylor stated that when I went through it in 1990 there were 6 positions, and it was 650 people there to apply. Mr. Taylor stated that he would love to have had this advantage and whomever is interested, please come out and take advantage of this invaluable knowledge. Mr. Boggerty, At-Large Councilman: Thank you Council President. I just want to know somewhat on behalf, I encourage you all. I am serving with the team that is developing at

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 30 Delaware State and it is called BMIs, the Black Man Institute. I think, I might have it named wrong, but the total focus of an upcoming conference is how to help minority men be successful and enroll in and be successful in college. So, they wanted individuals from government to participate as well and I want to take all of your advice and guidance. Mr. Boggerty noted that you are welcome to attend, that it is in a planning session now and that he will announce it. A conference is going to be held in February, where they are going to try to recruit African American men to come to college. They are going to Philadelphia, into the inner city to try to get them to come to college. One of the issues, for example, we discussed is what happens when young men have to take care of their homes while they are working. There is an amazing organization that you have to love, love, love, and this is my second time saying it. It is The Arc, The Arc of Delaware. They help individuals with mental health and disabilities. I went to the dance last month or two months ago, just to show my face and I think I ended up having more fun than they did. So, their last dance day for the summer is Friday, September 16th at Wyoming Methodist. Go out there and I'll just say, be ready to dance because they don't stop. They party pretty hard. It's 6:00 PM to 8:30 PM at Wyoming Methodist Church. They will love to see you and hopefully one day, we can get them here to say the Pledge of Allegiance and tell them more about our wonderful government and you can learn more about them. And second, I want to also send my thoughts and prayers to our cycling community, who tragically lost the individual during the Amish tour. As a former cyclist myself, my heart, my thoughts, and prayers are with that community. Please be safe and mindful when you are out and see cyclists. They get on us about delineators and all those things, but it never seems important till you see someone who tragically passes away. Also, DSU home games, if you can make it out, they recognize us. We were able to go to a tent and they have a new initiative where they have these things at the end of the end zone. So, I go out there and say hey. It's our college, including Wilmington University and Delaware Tech. I have other things and I'll announce it later. In regards to our parks, Saturday, they are being used and you know I'm a champion of Councilwoman Arndt, who chairs our Parks and Rec. The National Paralympic Council is having an amazing event out at Williams Park this Saturday. Go out, say hello, and meet our constituents who come from across the state. It is going to be fun and lively. Thank you for our Parks and Rec team for allowing that to happen and kudos to the Parks and Rec team for our summer concert series. If you didn't make any of those concerts, you robbed yourself, they were a great concert series. So, thank you. Mr. Anderson, Councilman for the Fourth District: Thank you Mr. President and thank you Council and Mayor. There is one event that my distinguished colleague missed and that is on Saturday, October 8th at 11 AM and the afternoon on Sunday, October 9th, the Faith & Blue event, which will be at The Green. I'm keeping you out of trouble, brother. He yielded that one to me, he wanted me to handle that anyway, but seriously though, the Faith & Blue event was a success last year. We are looking forward to this year, adding on Saturday October 8th at 11:00 AM to 3:00 PM at The Green, there is going to be a cookout and other things for a fellowship element this year. On Sunday afternoon, a time of worship with citizens, clergy, and law enforcement from all over the

CITY COUNCIL MEETING OF SEPTEMBER 12, 2022 PAGE 31 Kent County area. I'd like to ask our fellow citizens to put that on your agenda and if you, your house of worship, your church, your synagogue, your mosque would like to add itself as a sponsor, I posted on my Facebook page where you go for, look at David Anderson for Dover. You can find it there and that is how you can do that. Contacting Bishop Carol Harris or if you're a vendor, Reverend Tracy Palmer. Mr. Hare, Councilman for the Second District: stated that there was a water main break on North Westview Terrace last week and wanted to thank the Public Works Department for the quick turnaround. He also reminded everyone of the Air Force Ball, celebrating the 75th Anniversary of the Air Force being held on October 21, 2022, at Bally’s in Dover. ADJOURNMENT Mr. Sudler moved for adjournment of the Regular Council meeting, hearing no objection the meeting adjourned at 7:58 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of September 12, 2022, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB