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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on April 23, 2012 at 5:57 p.m. with Chairman McGlumphy presiding. Members present were Mr. Hare and Mr. Shevock. Mr. Anderson and Dr. Jones were absent. Members of Council present were Council President Leary, Mr. Bonar (departed at 6:53 p.m.), Mr. Hutchison, and Mr. Lynn. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Mr. Hare moved that items on the agenda be considered in reverse order, beginning with Item #7, seconded by Mr. Shevock and unanimously carried. Authorization to Proceed with Reading Garden - Library Ms. Margery Cyr, Library Director, advised members that on February 28, 2011, Council approved the EDiS contract for the construction of the new Dover Public Library with the following language: “If there are apparent savings during the construction, the City Manager may reinstate options to construct some features that have been removed from the project through value engineering and present them to City Council for approval.” Ms. Cyr explained that during the value engineering process, the Reading Garden was removed from the project; however, economies were found in the Moveable Equipment, Fixed Equipment, and Housekeeping Equipment budget line items that, with the addition of funds from the building contingency budget, would provide adequate funding to reinstate the Reading Garden into the building project at a cost of $123,000. (Clerk’s Office Note: Following the meeting, Ms. Cyr provided a Memorandum dated April 24, 2012 (Attachment #1) indicating that $69,000 in savings was available in the Moveable Equipment budget line item and $55,000 in Fixed Equipment, creating a total savings of $124,000; therefore, no funds would be needed for the Reading Garden from the building project contingency funds.) She noted that there would be no increase in the total project cost. Ms. Cyr noted that, because the Reading Garden would be a long-term aspect of the Library that would last for the life of the building, staff believed it made fiscal sense to build it into the project at this time rather than attempting to incorporate it at a later date. She indicated that landscaping of the site began recently and it would be necessary to decide on this matter very soon. Staff recommended that the Reading Garden be reinstated in the new Library building project. In response to Mr. Shevock, Mr. Scott Koenig, City Manager, explained that change orders for the project have been within 0.5% and contingencies for change orders were built into the authorized project budget. He noted that staff has been working toward the goal of reincorporating the Reading Garden since construction began. Mr. Hare moved to recommend reinstatement of the Reading Garden to the new Library building project, seconded by Mr. Shevock and unanimously carried.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF APRIL 23, 2012 PAGE 2 Proposed Land Lease Agreement - Boys and Girls Club Mr. Scott Koenig, City Manager, reminded members that the Greater Dover Boys and Girls Club approached the City of Dover several years ago about the potential of locating a new magnet facility at Schutte Park. The area under discussion was a triangle-shaped piece of land that was donated to the City of Dover by Stover Homes with the subdivision of Nottingham Meadows, bounded by the rights-of-way for the new Wyoming Mill Road alignment and the former Wyoming Mill Road alignment. On January 14, 2008, City Council approved Schutte Park as the location for the magnet site for the Boys and Girls Club, without being specific as to its location at Schutte Park and with the stipulation that its use would not cause any loss in current field space for the Central Delaware Soccer Association (CDSA). Mr. Koenig advised members that since that time, the Boys and Girls Club has been working on fundraising and planning for the development of this site. They have provided periodic updates to the Parks, Recreation and Community Enhancement Committee. With the construction and opening of the new alignment of Wyoming Mill Road, the Boys and Girls Club is preparing for submission of a Site Development Plan application to the City of Dover Planning Commission. In order for this application to move forward, the City Manager’s signature as the property owner is required. In addition, the City of Dover must be prepared to enter into a long-term land lease agreement with the Boys and Girls Club. Mr. Koenig stated that the Boys and Girls Club is developing a site layout, which will largely be driven by the requirements of the Delaware Department of Transportation (DelDOT) with regard to the entrance location. He reviewed one potential layout that showed the facility facing Wyoming Mill Road; however, he noted that other renderings have depicted it facing Hazlettville Road. Staff requested that City Council authorize the City Manager to negotiate and execute a land lease that will take into account the various site constraints, including the entrance location and impact of the Source Water Protection Overlay Zone on the site. It was anticipated that once the right-of-way of the former alignment of Wyoming Mill Road is vacated, lot lines would be adjusted so that the Boys and Girls Club facility would be on a separate lot from the remainder of Schutte Park. Mr. Hare moved to recommend that the City Manager be authorized to negotiate and execute a lease agreement with the Boys and Girls Club for land at the corner of Hazlettville Road and Wyoming Mill Road on which the Boys and Girls Club will construct a new Boys and Girls Club facility, seconded by Mr. Shevock and unanimously carried. FY 2013 Five-Year Capital Investment Plan (CIP) Mr. Scott Koenig, City Manager, reviewed the proposed draft Capital Investment Plan (CIP) for the General Fund. He explained that staff was currently utilizing this draft in the development of the proposed FY 2013 budget and in reviewing and implementing financial models. Mr. Koenig noted that since the City is facing a deficit next year, a number of the projects included were being reviewed and various changes are being discussed with staff; therefore it was likely that the CIP would have fewer projects when examined by Council during the budget review process. Mr. Hare moved to recommend acceptance of the draft Five-Year Capital Investment Plan (CIP) as presented, seconded by Mr. Shevock and unanimously carried.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF APRIL 23, 2012 PAGE 3 Presentation - Comprehensive Annual Financial Report (CAFR) - Fiscal Year Ended June 30, 2011 Mrs. Donna Mitchell, Controller/Treasurer, stated that completion of the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ending June 30, 2011 was delayed for two (2) months and was accomplished in February 2012. She advised members that Faw Casson, the City’s auditor, indicated no significant audit findings for the fiscal year. Mrs. Mitchell reviewed a presentation entitled the Comprehensive Annual Financial Report (CAFR) - Fiscal Year Ended June 30, 2011. Responding to Dr. McGlumphy, Mrs. Mitchell confirmed that the General Employee Pension Fund was funded at 38.1% as of July 1, 2010 and the Police Pension Fund was funded at 52.3%. In response to Dr. McGlumphy, Mrs. Mitchell explained that the Long-Term Liabilities for Compensated Absences and Debt represents the dollar amount of accrued sick and vacation leave for those employees who are eligible to retire. Mr. Shevock moved to recommend acceptance of the Comprehensive Annual Financial Report (CAFR) - Fiscal Year Ended June 30, 2011 as presented, seconded by Mr. Hare and unanimously carried. Assignment of Emergency Management Coordinator Responsibilities During the Special Legislative, Finance, and Administration Committee Meeting held on March 27, 2012, members considered staff’s request for authorization to permanently assign the duties of the Emergency Management Coordinator (EMC) position to Mrs. Kay Dietz-Sass, Public Affairs Coordinator. At that time, members recommended postponing action regarding the assignment of EMC responsibilities until the Legislative, Finance, and Administration Committee Meeting scheduled for April 9, 2012. During the regular meeting of the Legislative, Finance, and Administration Committee held on April 9, 2012, Dr. McGlumphy advised members that Mr. Scott Koenig, City Manager, was unable to attend the meeting and had requested that consideration of this matter be deferred until the meeting scheduled for April 23, 2012. Mr. Koenig reviewed a request to assign the duties of the EMC to Mrs. Kay Dietz-Sass. He advised members that over the past ten (10) years, emergency management duties have been executed by various positions and departments throughout City government, including the former Community Services Department, the Police Department and, most recently, the Public Services Department. After September 11, 2001, federal and state emergency management requirements became more complex, requiring and tracking National Incident Management System (NIMS) training and mandated a NIMS-compliant Emergency Management Plan. These complexities supported the need for a full-time Emergency Management Coordinator (Grade 120). The City’s first full-time EMC, Mr. Wayne Hutchison, was hired (promoted from the position of Inspector in the Fire Marshal’s Office) on June 2, 2008. Mr. Hutchison retired on December 23, 2010 with a final salary of $53,216. During his tenure, Mr. Hutchison developed notification protocols, equipped an EMC trailer, and secured various Homeland Security grants. In addition, Mr. Hutchison was assigned safety-related duties, such as the routine inspection of the Silver Lake Dam (due to engineering staff constraints) and providing general safety training for various employee groups. Due to the economic environment at the time of Mr. Hutchison’s announced retirement, the former City Manager elected

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF APRIL 23, 2012 PAGE 4 not to fill the vacated position. The duties of the position were divided among various staff members, including the Public Services Manager, the Public Affairs Coordinator, and the City Manager. Mr. Koenig explained that Mrs. Kay Dietz-Sass, Public Affairs Coordinator (Grade 116) has been a key member of the City’s emergency management team since her employment began. He indicated that, after considerable thought, he concluded that the best option to continue the City’s emergency management efforts was to request permission from City Council to assign the EMC responsibilities to Mrs. Dietz-Sass. He advised members that Mrs. Dietz-Sass has degrees in Business Management, General Business, and Marketing, has completed the entire Professional Development Series for Emergency Management, as well as successfully completing Advanced Public Information Officer training. Mrs. Dietz-Sass also completed a number of courses through the U.S. Department of Homeland Security, the Federal Emergency Management Agency (FEMA) and the Delaware Emergency Management Agency (DEMA). Mr. Koenig recommended that the EMC duties be assigned to Mrs. Dietz-Sass on a six (6) month trial basis. These additional duties would be in addition to her current duties as the Public Affairs Coordinator; thus she would be serving as both the Public Affairs Coordinator and the Emergency Management Coordinator. During this six (6) month trial basis, her salary of $40,830 would remain the same and a bonus of $1,100 per month would be paid to compensate her for the added responsibilities. This would increase her annualized compensation from $40,830 to $54,030. If her performance in both roles is acceptable to the City Manager at the end of the six (6) month trial, the bonus would be converted to base salary and her grade adjusted from 116 to 120. If the City Manager determines that one person cannot adequately perform the functions of both positions, then Mrs. Dietz-Sass’ responsibilities and compensation would be returned to the former level and other alternatives would be proposed. Mr. Koenig reviewed Wage and Benefit Information outlined in the proposal. Mr. Koenig reminded members that Mayor Carey had submitted a recommendation that the Public Information Officer and Emergency Management Coordinator positions remain separate in a memorandum dated April 17, 2012. Mr. Koenig provided members a memorandum dated April 23, 2012 responding to Mayor Carey’s recommendation (Attachment #2) and read this memorandum into the record. Mr. Koenig requested that members support assigning the Emergency Management Coordinator duties to Mrs. Dietz-Sass on a six (6) month trial basis. Mr. Hare suggested that the duties of the EMC be distributed among various departments as follows: • Silver Lake Dam Inspection - Public Works Department • Oversight of Ambulance Service - Fire Department Administrative Assistant or Fire Marshal’s Office • Coordination of Shelters - Fire Marshal’s Office • Inspection of Departments for Safety Needs - Human Resources Department

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF APRIL 23, 2012 PAGE 5 Responding, Mr. Koenig noted that the Human Resources Department is currently staffed by only two (2) individuals. Mr. Bonar stated that the City’s need for an EMC was a significant concern. He noted that the savings realized by the City by combining the two (2) positions was significant and expressed his hope that the Committee would release the proposal for consideration by Council. Mr. Hutchison noted that designation of an EMC was required in order for the City to receive funding in the event of a major storm or crisis and felt that this was a critical position for the City. Concurring, Mr. Koenig explained the importance of identifying this position within the organization because it enables the City to apply for emergency funds. He noted that the coordination of responsibilities, collection of data, and completion and submission of paperwork to DEMA and FEMA resulting from a recent hurricane was nearly a full-time job. Mrs. Mitchell advised members that the EMC position had been removed from the budget, so the funds requested would represent an increase in the budget. Mayor Carey stated that the previous EMC had certified training, was able to provide training to City employees in first aid and Automatic External Defibrillator (AED) use, and could perform safety inspections; however, if the positions were merged, the City would have the extra expense of obtaining some of these services from outside the organization. He felt that the accuracy of the information he had been receiving over the past year and four (4) months (while responsibilities were divided among three (3) positions) was not up to the previous level (with the exception of the Silver Lake Dam inspection information), and indicated that he had prepared the recommendation because he thought that it was important to have separate employees performing public information and emergency management duties. Responding to Mr. Hare, Mr. Koenig stated that the Public Affairs Coordinator is currently a full-time position and that the EMC duties would be additional responsibilities assumed by Mrs. Dietz-Sass based on current conditions in the City. He noted that this would require prioritizing the many tasks that are directed to Mrs. Dietz-Sass. Mr. Bonar advised members of the Committee that training for AED use, first aid, and other related topics is available for City employees through the Delaware State Fire School at a nominal cost. He felt that the proposal was logical and that the employee assuming dual roles should be compensated for additional responsibilities. Dr. McGlumphy requested that the proposed job class evaluation be completed appropriately to coincide with the job description. He stated that, although he felt the position was necessary, he did not support the proposed salary increase, noting recent salary increases in the range of 21% to 33% for four (4) positions in the City; however, he felt that if the proposal were “honed,” more favorable figures could be achieved. Dr. McGlumphy stated that he did not believe that this was an appropriate time to bring forth these types of salary increases and that, due to the anticipated budget deficit, these matters should not be discussed prior to the receipt of the Salary and Compensation Committee’s report and the budget review.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF APRIL 23, 2012 PAGE 6 Mr. Shevock stated that he concurred with the combining of the two (2) positions; however, he questioned if Mrs. Dietz-Sass would accept these responsibilities without additional compensation until the budget is presented. Responding, Mr. Koenig stated that he would not consider it fair to request Mrs. Dietz-Sass to assume the additional responsibilities without additional compensation. He indicated that, if approved, his recommendation regarding the combining of the two (2) positions would be part of the draft budget presented for Council’s consideration. Mr. Shevock moved to forward the matter of the assignment of Emergency Management Coordinator responsibilities to City Council for consideration, seconded by Mr. Hare and carried by a vote of two (2) yes and one (1) no (Dr. McGlumphy). Minority Recruitment Committee Recommendations The Minority Recruitment Committee (MRC) was commissioned by the former City Manager to develop recommendations to improve minority hiring for the City of Dover. The Committee held a series of meetings in 2011 and concluded their work in August 2011. During the City Council Meeting of February 13, 2012, members approved the Committee’s recommendation that the MRC Report be referred to staff for a report to the Committee within 60 days. Mr. Scott Koenig, City Manager, provided an overview of the proposed Implementation Plan for the Minority Recruitment Committee Recommendations. Responding to Mr. Shevock, Mr. Koenig indicated that he did not foresee any costs associated with implementing the Plan, with the exception of the possible employment of paid interns. He stated that programs that offered college credit for service could potentially be investigated. In response to Mr. Hare, Mr. Koenig stated that he was not aware of any harassment problems within the City; however, the City’s insurance carrier requires mandatory harassment training which is conducted by the Human Resources Department. He stated that the Police Department also offers harassment training for police officers. Responding to Mr. Hare, Mr. Koenig stated that it was the feeling of Dr. Bobby Jones, Minority Recruitment Committee Chair, that it would be necessary to repair the morale problems that currently exist within the workplace prior to addressing minority recruitment issues within the City. This would allow new employees to join the workforce with a sense that they are welcome and that the organization is thriving. He stated that staff was making an effort to post jobs in areas where the minority community would have access and were reaching out to predominantly black colleges. Responding to Dr. McGlumphy, Mr. Koenig stated that factors other than race, including gender, were considered by the Committee in the development of their recommendations. He indicated that concerns were expressed about the numbers of employees in various categories; however, the Committee focused on other points related to employee morale, upward mobility and career ladders, enhanced technology to promote the City’s image, and recruitment and internships for high school and college students.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF APRIL 23, 2012 PAGE 7 In response to Dr. McGlumphy, Mr. Koenig stated that the City’s workforce does not currently represent the local community demographically by racial composition and that the Committee’s feeling was that the City should adopt the recommendations in the report in order to move in that direction. Responding to Mr. Hare, Mr. Koenig stated that the City does not grant hiring preference to those who reside within City limits; however, all open positions are being advertised within the local community, citizens are aware that the City is hiring, and applications are currently being received. Mr. Hare moved to recommend acceptance of the Implementation Plan for the Minority Recruitment Committee Recommendations, seconded by Mr. Shevock and unanimously carried. Mr. Shevock requested that the City Manager return to the Committee within one (1) year of the implementation of the Minority Recruitment Committee recommendations with a status report. Filling of Critical Positions During their Regular Meeting of January 23, 2012, City Council approved an amendment to the process for filling critical positions, which was approved by City Council on August 22, 2011, to specify that if a position becomes vacant that will affect public or employee safety or cause financial harm to the City, Permission to Recruit, Hiring Justification Outline, and Wage and Benefit Information for Employee Hiring and Transfers forms shall be submitted to the Legislative, Finance, and Administrative Committee, and that such requests would be forwarded to the City Manager and Controller/Treasurer for their review and recommendation prior to the Committee’s consideration. Due to time constraints, Mr. Shevock moved to defer consideration of filling the positions until a subsequent meeting. By unanimous consent, members agreed to consider filling the Mailroom Clerk, Motor Equipment Operator (MEO) I - Water, and Motor Equipment Operator (MEO) II - Wastewater positions and to defer consideration of filling the Motor Equipment Operator (MEO) II - Sanitation, Utility Maintenance Mechanic (UMM) I - Wastewater, and Water Plant Operator I - Water Treatment Plant positions until a subsequent meeting, due to time constraints. Mailroom Clerk Mr. Koenig explained that the function of the Mailroom Clerk is to distribute mail and perform other warehouse responsibilities. Based on staff review, an in-house posting was recommended for this position. The total impact of this position on the FY 2013 budget was projected at approximately $42,000.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF APRIL 23, 2012 PAGE 8 Responding to Mr. Hare, Mr. Koenig stated that the duties of this position have been shared by a number of storekeepers in the warehouse during previous months, one of whom has since retired. It was staff’s opinion that the position should be filled and that the vacant storekeeper position would be eliminated in FY 2013. He noted that it was expected that this position would be filled within the City and that an internal review would then be performed to determine whether the vacated position should be filled. Staff recommended approval of the request to fill the Mailroom Clerk position. Responding to Dr. McGlumphy, Mr. Koenig confirmed that the position would be filled at a Pay Grade of 13, Step 1, at the bottom of the classification. Mr. Schevock moved to recommend approval of the request to fill the Mailroom Clerk position, as recommended by staff, seconded by Mr. Hare and unanimously carried. Motor Equipment Operator (MEO) I - Water (Downgrade from Water Serviceperson) and Motor Equipment Operator (MEO) II - Wastewater (Downgrade from Heavy Equipment Operator (HEO) II) Mr. Scott Koenig, City Manager, reviewed a request to fill the position of one (1) Motor Equipment Operator (MEO) I - Water (downgrade from Water Serviceperson) and one (1) Motor Equipment Operator (MEO) II - Wastewater (downgrade from Heavy Equipment Operator (HEO) II). Mr. Koenig explained the intent that these positions would be to focus on the maintenance of the sewer system and allow the jet truck to operate on a more detailed and defined schedule due to a growing backlog of maintenance needs in the wastewater utility. He noted that the annual wages and benefits of the two (2) current staff persons equated to $126,501 and the revised proposal, which includes the MEO I and MEO II, has a total value of $92,089, which is a reduction of $34,412. Mr. Koenig indicated that staff has deemed these two (2) positions as critical to the long-term maintenance needs of the utility and anticipated that the projected hire date of these employees would be July 1, 2012. Responding to Mr. Shevock, Mr. Koenig indicated that employees in the Water/Wastewater Division are typically hired from outside the City organization, typically from the construction industry. In response to Dr. McGlumphy, Mr. Koenig noted that the positions were downgraded to meet the current needs of the utility to run the jet truck rather than performing the metering and construction crew functions performed by previous staff members and the position classifications were adjusted accordingly. He explained that the utility has had some changing needs and this proposal addresses them by putting two (2) employees on maintenance. Mr. Hare moved to recommend approval of the request to fill the Motor Equipment Operator (MEO) I - Water and Motor Equipment Operator (MEO) II - Wastewater positions, as recommended by staff, seconded by Mr. Shevock and unanimously carried.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF APRIL 23, 2012 PAGE 9 Public Comment Due to time constraints, there was no opportunity for public comment. Meeting Adjourned at 7:12 P.M. William P. McGlumphy Chairman WFH/DD/js/tm S:\AGENDAS-MINUTES-PACKETS\Committee-Minutes\2012\04-23-2012 LF&A.wpd Attachments Attachment #1 - Memorandum from Ms. Margie Cyr, Library Director, dated April 24, 2012 Regarding Funding of the Reading Garden at the new Dover Public Library Attachment #2- Memorandum from Scott Koenig dated April 23, 2012 Responding to Mayor Carey’s Memorandum Regarding City Manager’s Proposal for Assignment of Emergency Management Responsibilities

ATTACHMENT #1 LF&A Meeting of April 23, 2012 D01t:ER PUBLIC LIBRARY April 24, 2012 To: Councilman McGlumphey, Chairman, Legislative and Finance Committee Members of the Legislative and Finance Committee Fr: Margie Cyr, Library Director Re: Library project: Reading Garden Thank you for your support of the Reading Garden at last night's committee meeting. Mr. Shevock asked me for the value of savings that we had found in the two equipment line items of the project's budget. My answer was incomplete and I apologize for that. The savings that was found is: Moveable Equipment: $ 69,000 Fixed Equipment: $ 55,000 $ 124,000 This savings allows us to not make use of the Contingency in the budget for the Reading Garden. We share Mr. Shevock's concern; and want to make sure that the Contingency is available through the end of the project. Please do not hesitate to call with any questions. cc: Scott Koenig, City Manager Donna Mitchell, City Controller Zachery Carter, Director, Parks Recreation and Library

ATTACHMENT #2 LF&A Meeting of April 23, 2012