Regular Council Packet

CITY OF DOVER, DELAWARE REGULAR CITY COUNCIL MEETING Monday, January 24, 2022 at 6:30 PM This meeting will be held virtually via WebEx AGENDA VIRTUAL MEETING NOTICE This meeting will be held virtually via WebEx. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/v2bphp Event number: 2343 496 7564 Event password: DOVER (if needed) If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts. OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.) The “Open Forum” segment is provided to extend the opportunity to the general public to share their questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda as a public hearing is prohibited during the Open Forum as an opportunity will be provided during consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from taking action since they are not in official session; however, they may schedule such items as regular agenda items and act upon them in the future. INVOCATION - Elder Ellis B. Louden PLEDGE OF ALLEGIANCE - Mayor Christiansen ADOPTION OF AGENDA ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Page 1

REGULAR CITY COUNCIL MEETING - January 24, 2022 PAGE 2 PROCLAMATIONS 1. Black History Month PRESENTATIONS 2. Code Enforcement - Common Violations CONSENT AGENDA ADOPTION OF MINUTES 3. Special City Council Meeting of January 10, 2022 4. Regular City Council Meeting of January 10, 2022 QUARTERLY REPORTS 5. Quarterly Revenue Report as of December 31, 2021 APPOINTMENTS 6. Appointment Recommended by Mayor Christiansen - Planning Commission - Joan E. Denney - Third District Representative (to fill the unexpired term of Kelli L. Lord - term to expire June 2023) ITEMS NOT ON THE CONSENT AGENDA 7. Evaluation of Proposals – Update to the City of Dover Wastewater System Master Plan (Jason Lyon, Director of Water and Wastewater) (Staff recommendation: Award the contract to Duffield Associates for the Update to the City of Dover Wastewater System Master Plan, RFP #22-0017WW, for the amount of $149,000.) INTERIM CITY MANAGER’S ANNOUNCEMENTS COUNCIL MEMBERS’ ANNOUNCEMENTS ADJOURNMENT THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING Page 2

Item #1. Page 3

Item #2. Code Enforcement Common Violations Page 4

Common Exterior Violations Item #2.  Tall grass & weeds (733)  Keep grass height below 8 inches  Remove junk and debris (401)  Keep all exterior areas free from trash and debris  Trash placement (352)  Remove all collection cans from street by 7pm Page 5

Common Exterior Violations Item #2.  Remove high grass and overgrowths (304)  Ensure to prune/trim all vegetation  Repair wall siding (140)  Repair/replace missing or damaged siding  Repair/ replace gutters (108)  Repair/replace missing or damaged gutters Page 6

Common Exterior Violations Item #2.  Remove dead branches/trees (108)  Deceased trees/loose branches must be removed  Repair fascia/barge board (106)  Replace and wrap deteriorated material  Repair yard fence (78)  Repair fence/gate (PERMIT REQUIRED FOR REPLACEMENT) Page 7

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Common Interior Violations Item #2.  SMOKE DETECTORS (302)  Operational and not expired  Repair Light Fixtures (119)  Properly secured to wall with globe  Repair/Replace Door (96)  Operational and free from damage Page 11

Common Interior Violations Item #2.  Repair Door Hardware (94)  Operational locks, hinges, and hardware  Repair Faulty Electrical Outlet (88)  Is it Operational & GFCI Protected?  Outlet/Switch Cover Plates (83)  Operational and free from damage Page 12

Common Interior Violations Item #2.  Repair Wall Surfaces (85)  Free from holes, cracks or other damage  Remove Mold/Mildew (68)  Usually in basement or bathrooms  Provide Ventilation (67)  Repair exhaust fan Page 13

Item #2. Page 14

Item #2. Page 15

Interior Dwelling (Continued) Additional Requirements/Information Item #2. Ventilation: Every bathroom or toilet room shall be • A Rental Dwelling License must be acquired from this vented by a window or mechanical ventilation system that department before a tenant can move in. Rental Dwelling discharges to the outdoors and shall not be re- • The Safe Communities lease addendum must be circulated. (IPMC 403.2)be vented by a window or me- signed by both the landlord and the tenant(s) before Housing Inspections chanical ventilation system that discharges to the out- a tenant can move in. doors and shall not be re-circulated. (IPMC 403.2) • Ensure that all utilities (electric, gas & water) are Department of Inspections and Planning Fire Protection Systems: All systems, devices, and active prior to the scheduled inspection. equipment to detect a fire, actuate an alarm, or sup- press a fire shall be maintained in an operable condition. • After a rental dwelling inspection is complete, the (IPMC 704.1) property owner/agent will receive a list of violations Smoke Alarms shall be installed and maintained at the and a date to have violations corrected. following locations (IPMC 704.2); • Failure to schedule an inspection may result in a citation being issued and the suspension of your 1. On the ceiling or wall outside of each separate sleep- rental dwelling license. ing area or in the vicinity of bedrooms. • A $50.00 re-inspection fee may be assessed for all 2. In each bedroom or room used for sleeping purposes. additional inspections past the second inspection or 3. In each story of the dwelling, including basements. any scheduled inspection that is missed. Lighting fixtures: Every public hall, interior stairway, • All work to correct violations must be performed in a laundry room, boiler room, and furnace room shall con- workmanlike manner. All required permits must be tain at least one electric light fixture. (IPMC 605.2) obtained and all electrical and plumbing repairs must Receptacles: Every habitable space in a dwelling shall be performed by a contractor that is licensed with contain at least two separate and remote outlets. Every the City of Dover. bathroom shall contain at least one receptacle. (IPMC • City of Dover Codes and Ordinances may be viewed 605.2) online at www.cityofdover.com. A GUIDE FOR LANDLORDS, Ground Fault Circuit Interrupters (GFCI’s): GFCI pro- • The 2009 ICC Property Maintenance Code can be TENANTS, AND PROPERTY tection is required in all updated bathrooms, toilet obtained at www.iccsafe.org. MANAGERS ON INSPECTION rooms, and all receptacles servicing kitchen countertop STANDARDS DURING A RENTAL surfaces. (IPMC 102.8/NEC 210.8) * GFCI outlets are rec- ommended in existing bathrooms, toilet rooms, and all recep- DWELLING HOUSING INSPECTION tacles servicing kitchen countertop surfaces. City of Dover Panels and circuits directories must be covered and Department of Inspections and Planning circuits labeled. Panels must provide adequate service Tel: 302-736-7010 Fax: 302-736-4217 and operate safely. (IPMC 605.1) 15 Loockerman Plaza Electrical Equipment: Wiring and appliances shall be Dover, De 19901 properly installed and maintained in a safe manner. Page 16 (IPMC 605.1) Updated 14 January 2022

INTERIOR DWELLING This checklist was developed to assist property EXTERIOR DWELLING Interior structure and equipment therein shall Item #2. Doors: Door assemblies and hardware shall be main- be maintained in good repair, structurally sound, owners, tenants and property managers on items tained in good condition. All means of egress doors shall and in sanitary condition. (IPMC 305.1) inspected during a rental dwelling housing inspection be readily openable from the egress side without the need Interior surfaces including windows and doors and is not meant to be all-inclusive. Code for keys, special knowledge, or effort. (IPMC 304.15/702.3) shall be maintained in good, clean, and sanitary references, Guidelines and Ordinances are Deadbolt locks: Doors providing access to a rented or condition. Peeling/chipping paint shall be re- condensed versions of the 2009 Property leased dwelling unit shall be equipped with a deadbolt lock paired. Cracked plaster and decayed wood shall Maintenance Code, department policy and ordinances with a lock throw of not less than 1 inch and openable from be corrected. (IPMC 305.3) the side of egress without the need for keys, special Interior doors: Every interior door shall proper- as adopted by the City of Dover. The checklist knowledge, or effort. (IPMC 304.18.1/ 702.3) ly fit within the frame and open and close easily. contained within this guide is to be considered the Windows, skylights, and door frames shall be kept in The door shall properly and securely attach to minimum that a City of Dover Inspector will verify. sound condition, good repair, and weather tight. (IPMC jambs, headers, or tracks. (IPMC 305.6) 304.13) Handrails and guards shall be firmly fastened EXTERIOR PROPERTY AREAS Insect screens: During the period of March 1 to Novem- and capable of supporting normally imposed ber 30, every door, window, and other outside opening for loads. (IPMC 305.5) Accessory structures including detached garages, ventilation shall be supplied with tightly fitted screens. Plumbing fixtures must be properly installed fences, and walls shall be maintained structurally (IPMC 304.14) and free from obstructions, leaks, defects, and be sound and in good repair. (IPMC 302.7) Roofs, drainage, and flashing shall be sound, tight, and maintained in a safe and sanitary condition. (IPMC Sidewalks, driveways, walkways, parking spaces not have defects that admit rain. Gutters and downspouts 504.1) and similar areas shall be kept in a proper state of shall be maintained in good repair and free from obstruc- Water system: Sinks, lavatories, laundry facili- repair, and maintained free from hazardous condi- tions. Roof water shall not be discharged in a manner that ties, bathtubs, and showers shall be supplied with tions. (IPMC 302.3) creates a public nuisance. (IPMC 304.7) hot and cold running water. (IPMC 505.1) Grading & drainage shall be maintained to prevent Exterior walls shall be free from holes and rotting mate- Water heating facilities shall be capable of erosion of soil and to prevent the accumulation of rials; and maintained weatherproof and properly surface providing adequate water to be drawn at a tem- stagnant water. (IPMC 302.2) coated to prevent deterioration. (IPMC 304.6) perature of not less than 110 degrees F. An ap- Foundation walls shall be maintained plumb and free from proved temperature and pressure relief valve and Motor vehicles shall be operative and properly regis- open cracks and shall be kept in such condition so as to discharge pipe shall be installed and maintained. tered, and no vehicle shall at anytime be in a state of prevent the entry of rodents. (IPMC 304.5) (IPMC 505.4) major disassembly. Vehicles shall not be parked in the Stairways, decks, porches, and balconies shall be Mechanical appliances shall be properly installed grass or other unapproved surfaces. (IPMC 302.8/ structurally sound and capable of supporting the imposed and maintained and shall be capable of performing DCO 106-130) loads. (IPMC 304.12) the intended function. (IPMC 603.1) Sanitation: all exterior property and premises shall Handrails and guardrails shall be firmly attached and Removal of combustion products: All fuel- be maintained in a clean, safe, sanitary condition, and capable of supporting normally imposed loads (IPMC burning equipment and appliances shall be con- free from any accumulation of rubbish or garbage. 304.12) nected to an approved chimney or vent, unless (IPMC 302.1/308.1) Premises identification: Dwellings shall have address labeled for unvented operation. (IPMC 603.2) Grass & weeds: All premises and exterior property numbers that are plainly legible and visible from the street Heat supply: Dwellings shall be provided with shall be maintained from weeds, plant growth, and and contrast with their background. Numbers shall be a heating facilities capable of maintaining a room grass height in excess of 8 inches. Noxious weeds minimum of 4-inches high with a minimum stroke of 0.5 temperature of 68 degrees F in all habitable are prohibited. (IPMC 302.4/DCO 114-32) inch. (IPMC 304.3/DCO 98-284) rooms. (IPMC 602.2) Page 17

Vehicle Violations Item #2.  Vehicles Parked and Stored (229)  Don’t park on grass or unapproved surfaces  Remove Abandoned/Unregistered Vehicle (205)  All vehicles must be drivable  Removed Improperly Stored Vehicle (108)  Behind setback & screened Page 18

Item #2. Page 19

Permit/License Violations Item #2.  Obtain Rental Permit (177)  Obtain Building Permit (113)  Business License Required (85)  Obtain Mobile Home License (37) Page 20

Contact Information Item #2.  (302) 736-7010 Office  (302) 736-4217 Fax  cityofdover.com/CodeEnforcement Page 21

Item #2. Questions? Page 22

Item #3. SPECIAL CITY COUNCIL MEETING A Special City Council Meeting was held on January 10, 2022 at 5:02 p.m. with Council President Sudler presiding. Members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Dr. Pillsbury. Mr. Hare was absent. Mayor Christiansen was also absent. Council staff members present were City Solicitor Rodriguez and Mrs. Bennett. Others present were Mrs. Duca and Mr. Osika. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. Mr. Taylor moved to recess into Executive Session pursuant to 29 Del. C. §10004(b)(4) - Strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining or pending or potential litigation, but only when an open meeting would have an adverse effect on the bargaining or litigation position of the public body and pursuant to 29 Del. C. §10004 (b)(9) - Personnel matters in which the names, competency and abilities of individual employees are discussed, unless the employee requests that such a meeting be open. The motion was seconded by Mr. Anderson and unanimously carried. The Special Council Meeting recessed into Executive Session at 5:01 p.m. The Executive Session adjourned at 5:38 p.m. ACTION RESULTING FROM THE EXECUTIVE SESSION During the Executive Session, members of Council considered Milliman Inc. to audit the City of Dover’s Pension Plan. Mr. Anderson moved to retain Milliman to audit the City of Dover’s Pension Plan. The motion was seconded by Mr. Boggerty and unanimously carried. Mr. Neil moved for adjournment, seconded by Mrs. Arndt and unanimously carried. The Special Council Meeting adjourned at 5:39 p.m. ANDRIA L. BENNETT CITY CLERK SELECT Page 23

Item #3. SPECIAL COUNCIL MEETING OF JANUARY 10, 2022 PAGE 2 All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of January 10, 2022 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB/re S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2022\1-10-2022 SPECIAL COUNCIL - ES ACTION (PUBLIC) - Litigation, Negotiations Capital School District, Interim Appointments.wpd Page 24

Item #4. REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on January 10, 2022 at 6:29 p.m. with Council President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, Mr. Taylor. Mr. Hare was absent. Staff members present were Mrs. Duca, Mrs. Melson-Williams, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:15 p.m., prior to commencement of the Official Council Meeting. Council President Sudler declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There were no members of the public that wished to speak during the Open Forum. INVOCATION The invocation was given by Elder Ellis Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Taylor. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Neil moved for adoption of the consent agenda, seconded by Mrs. Arndt and carried by a unanimous roll call vote. TRIBUTE #2022-01 - WILLIAM HARRISON DAISEY The City Clerk read the following Tribute into the record: A TRIBUTE EXPRESSING SYMPATHY AND CONDOLENCES UPON THE PASSING OF WILLIAM HARRISON DAISEY, SR. WHEREAS, the Mayor and Council of the City of Dover are saddened by the passing of William Harrison Daisey, Sr., former Dover City Council member, Vice-Principal at W.T. Chipman Middle School, and former Chief of the Nanticoke Indian Tribe on November 25, 2021; and Page 25

Item #4. CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 2 WHEREAS, William Harrison Daisey, Sr. was a long-time resident of the City of Dover and an active well-respected member of our community. He was first elected to Dover City Council in 1987, making him the first Native American and second person of color elected to this office. He worked tirelessly for three terms, including sponsoring and fighting against special interests to enact a city-wide smoking ban in restaurants in 1991 to help reduce city cancer rates, 10 years before the state would do the same. WHEREAS, Mr. Daisey's involvement with the Nanticoke Indian Tribe grew when he was first elected to their Tribal Council in 2004, and then selected assistant chief in 2008. Bill ascended to chief of the tribe in June 2013. Chief William "Thunder Eagle" Daisey would serve the tribe in "the biggest honor of his life" until stepping down in January 2016, due to medical reasons. WHEREAS, Mr. Daisey received numerous awards and recognition due to his civic activities. Included among them were the NAACP Public Education and Humanitarian Award, Native American Indian Heritage Award, Omega Psi Phi Fraternity Citizen of the Year Award, Servant of the City of Dover Award, Dover Lions Club President's Award, and Lions Club International Humanitarian Award. Mr. Daisey will be deeply missed by his family, friends, and all of those whose lives he has touched. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their deepest sympathy and condolences to the family and friends of William Harrison Daisey, Sr., and hope that they will be consoled by the memories of his life and achievements and in knowing that Mr. Daisey holds a permanent place in the history of the City of Dover. BE IT FURTHER RESOLVED that the Mayor and Council direct the City Clerk to place this Tribute in the permanent records of the City of Dover and that a copy of this Tribute be provided to the family of William Harrison Daisey, Sr. ADOPTED: January 10, 2022 Mr. Taylor moved for adoption of Tribute #2022-01, seconded by Mr. Anderson and unanimously carried. On behalf of the Mayor and Council, Mayor Christiansen presented the tribute to the family of William Harrison Daisey. ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 13, 2021 The Minutes of the Special Council Meeting of December 13, 2021 were unanimously approved by motion of Mr. Neil, seconded by Mrs. Arndt and bore the written approval of Mayor Christiansen. Page 26

Item #4. CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 3 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 13, 2021 The Minutes of the Regular Council Meeting of December 13, 2021 were unanimously approved by motion of Mr. Neil, seconded by Mrs. Arndt and bore the written approval of Mayor Christiansen. C O U N C I L CO MMI T T E E O F T H E WH O L E R E PO R T - DECEMBER 14, 2021 The Council Committee of the Whole Meeting was held on December 14, 2021 at 6:00 p.m., with Councilman Neil presiding in the absence of Council President Sudler. Members of Council present were Mr. Anderson, Mr. Hare, Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Dr. Pillsbury. Mr. Boggerty was absent. Civilian members present for their Committee meetings were Mr. Lewis, (Parks, Recreation, and Community Enhancement) and Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration). Mr. Jones (Parks, Recreation, and Community Enhancement) was absent. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Hare moved for adoption of the agenda, seconded by Mrs. Arndt and unanimously carried. Evaluation of Bids - Silver Lake Dam Repairs Mr. Mark Nowak, Interim Public Works Director, reviewed the background and analysis regarding the evaluation of bids for the Silver Lake Dam Repairs. Staff recommended awarding the contract to Mar-Allen Concrete Products, Inc., for the City of Dover Silver Lake Dam Repairs, Bid #22-0016PW, for the amount of $57,480.00. Responding to Mr. Taylor, Mr. Nowak stated there was only one responder to the bid process. Mar - Allen Concrete Products, Inc., was deemed qualified by the Public Works staff to complete all work that was listed in the bid. Responding to Mr. Neil, Mr. Nowak advised that the budget for this project was $100,000 and the bid came in at $57,000. Page 27

Item #4. CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 4 Mr. Hare moved to recommend approval of staff's recommendation, seconded by Mr. Rocha and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mrs. Arndt and carried by a unanimous roll call vote. Evaluation of Proposals - Medical Professional Positions Chief Thomas Johnson, Dover Police Department, reviewed the background and analysis regarding the evaluation of proposals for the Medical Professional Positions. Staff recommended approval of the grant and awarding the contract to Dover Behavioral Health Systems. Responding to Mr. Taylor, Lieutenant Jordan Miller of the Dover Police Department stated that once the program is set up, the Police Department would be able to skip the emergency room. He noted that the Behavioral Health unit would consist of one officer and one clinician responding to a call and they would take over the scene as they saw fit. They would do their assessment and determine if the person needed to be seen by a psychologist right away or if they could be set up for an outpatient program. Lieutenant Miller advised that they would then be able to leave and conduct follow up to ensure that they were maintaining their end. He noted that it would alleviate responding back in a moment of crisis in the future. Responding to Mr. Anderson, Chief Johnson stated that this program does not set aside any other existing programs. The Angel Program is still available and a letter was signed that week for the Narcan Leave Behind Program. Chief Johnson advised that because the police department is getting clinicians it does not mean that they are not exploring other areas to try and be effective with the opioid epidemic. Responding to Dr. Pillsbury, Lieutenant Miller stated there were certain instances where they might be able to avoid criminal prosecution if there was victim cooperation or if there was no victim. He noted that it would take some work with the Attorney General's office to get that in place. There will be a release or a waiver form signed by the individual at the time so the police can go and follow up with their treatment and ensure that they are showing up. The police are not going to follow them around for the three year timeline to charge them for a misdemeanor, but they would have to put some type of guidelines in place. Lieutenant Miller advised that they plan to have paperwork in place and a Memorandum of Understanding to ensure follow up. He stated that they would be providing them with an opportunity, instead of just constantly responding, making an arrest, taking them forth for arraignment, and then having to respond back out. Page 28

Item #4. CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 5 Responding to Mr. Contant, Chief Johnson stated they are master level practitioners who have the ability to commit patients. Responding to Dr. Pillsbury, Mr. Contant advised that these professionals are qualified to aid in mental health issues and substance abuse. If someone needs further treatment, Dover Behavioral Health can provide everything from beginning to end, with the exception of a crisis situation that would require an emergency room visit. Mr. Hare moved to recommend approval of the grant and awarding the contract to Dover Behavioral Health Systems, as recommended by staff. The motion was seconded by Mr. Rocha and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mrs. Arndt and carried by a unanimous roll call vote. Update on Analysis of Segal Study Results Mr. Dave Hugg III, Interim City Manager, reviewed the background and analysis regarding the Segal Study. Responding to Mrs. Arndt, Mr Hugg stated that Segal fulfilled their contract with the City and there was still a retainer. Mr. Hugg advised that he was unclear if that meant the City would have to pay for additional services but he was discouraged by the results of the study. He noted that the positions appeared to do fairly detailed peer assessments and comparatives, and you can track them through the system and they may be useful to use, but it is only a fraction of the total positions they looked at. Mr. Hugg advised that, in a number of cases, Segal did not do the peer comparable and those results do not seem to hold up. He stated that they were still analyzing and hoping they will get a lot more detail back when they respond to their December 7, 2021 inquiry. Responding to Mr. Anderson, Mr. Hugg stated that it was unfortunate in some respects that Council and staff made salary adjustments the last year to move certain employees up to what they believed to be the minimum market value that, in retrospect, was questionable. Can you really justify that was in fact, the minimum, even though they all agreed that we would move people who were below that minimum, to the minimum. Mr. Hugg stated that they would ask to be back on the agenda when they have gotten some additional information. Mr. Hugg agreed with Mr. Hare that there was a lot of information in the Segal Study; however, there was also a lot of misinformation. Page 29

Item #4. CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 6 Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Taylor and unanimously carried. Meeting adjourned at 6:29 p.m. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairperson Arndt presiding. Adoption of Agenda Mr. Anderson moved for adoption of the agenda, seconded by Mr. Hare and unanimously carried. Mayor and Council Reports - September 2021 Council President Sudler Council President was absent and no report was given. First District Mr. Rocha reported that new signs had been installed on Forest Avenue and Hazlettville Road, which prohibits trucks with more than two axles from using Mifflin Road. He advised that the signs originally were on Mifflin Road and he made a request to have them installed on Forest Avenue and Hazlettville Road so that truck drivers can see the signs before they make the turn. Mr. Rocha noted that they would continue to move forward on a proposal with Del DOT to reduce the speed limit to 25 miles per hour on Mifflin road. Second District No report was given. Third District No report was given. Fourth District Mr. Anderson stated that he recently used Community Enhancement funds to help with Christmas with the Tracy Palmer Ministries for members in the Fourth District. He thanked Chief Johnson for his view of certain aspects to loitering. Mr. Anderson referenced arrests made on December 8, 2021 for drug and firearms offenses on South New Street. He advised that they started out basically as loitering. Page 30

Item #4. CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 7 Mr. Anderson asked that the ad hoc committee be one that unifies them and gets the job done. At-Large Mr. Boggerty was absent and no report was given. Mayor Christiansen Mayor Christiansen was absent and no report was given. Mr. Rocha moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting. The motion was seconded by Mr. Hare and unanimously carried. Meeting adjourned at 6:35 p.m. Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mrs. Arndt and unanimously carried. Meeting adjourned at 6:36 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mrs. Arndt and carried by a unanimous roll call vote. MONTHLY REPORTS - NOVEMBER 2021 By motion of Mr. Neil, seconded by Mrs. Arndt, the following monthly reports were accepted by consent agenda: City Assessor’s Report City Council’s Community Enhancement Fund Report City Manager’s Report City Planner’s Report Controller/Treasurer’s Budget Report Fire Chief’s Report Police Chief’s Report CONFIRMATION OF POLICE PENSION ELECTION Confirmation of Police Pension Election - Retired Sergeant Steve Rogers - Three (3) Year Term to Expire January 31, 2025 By consent agenda, Mr. Neil moved for approval of the confirmation of the Police Pension Election. The motion was seconded by Mrs. Arndt and carried by a unanimous roll call vote. Page 31

Item #4. CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 8 AUTHORIZATION TO RETAIN AMERICAN RESCUE PLAN ACT COUNSEL - BARNES & THORNBURG, LLC City Solicitor Nicholas Rodriguez gave an update on the authorization to retain Barnes and Thornburg, LLP as counsel for the American Rescue Plan Act. Mr. Rodriguez stated that he thought it was absolutely essential to have the City retain them. He went on to explain that if City personnel were to do this work, he believed it would require three or four people and it would be difficult. Mr. Rodriguez advised that Barnes and Thornburg, LLC deals directly with the Treasury Department and they are highly qualified to navigate the process. He explained that the amount of American Rescue Plan Act funds had not yet been determined and he was hopeful they would be adequate, and certainly more than some of the other non-entitled cities and municipalities in the state. Mr. Rodriguez noted that he has dealt with the principal attorney who would administer the funds, but the City would have access to their entire firm, which does this type of work all the time. Mr. Anderson stated that he definitely supports the recommendation because it would the City a lot more to try to do these reports in-house, and this firm has extensive experience on the state level and is taking care of almost every municipality in the state. Mr. Anderson asked, since the City of Dover is a little bit different than the non-entitlement entities, which is a flat percentage fee, if the monthly retainer would stop when they run out of money and their final reports are drafted or if it would continue. Mr. Rodriguez responded that he thought it would run out when the funds expire. He further explained that there is a provision that they can come back and negotiate a lesser fee. Mr. Rodriguez stated that he believed they were happy with that, and he doubted that they were going to ask for more than that based on his discussions with them. Mr. Neil explained that he believed it was important for the public to understand that this is the City doing its due diligence. They are going to make sure that the monies they are appropriating do not come back to cause issues for the City. Mr. Neil stated that they were going to ask for a considerable sum and they were receiving many requests for those funds and they want to make sure that the funding is awarded to those who should receive it. Mr. Anderson moved for approval of authorization to retain the American Rescue Plan Act Counsel - Barnes & Thornburg, LLC, as recommended by City Solicitor Rodriguez. The motion was seconded by Mr. Boggerty and unanimously carried. ANNEXATION/REZONING REQUEST/FIRST READING - PROPOSED ORDINANCE #2022-01-PROPERTY LOCATED AT 166 MIFFLIN ROAD OWNED BY MRS. ERNESTINE HUFF A request was received for annexation and rezoning of property located at 166 Mifflin Road, consisting of 25,000 SF, owned by Mrs. Ernestine Huff. This property is currently zoned RS-1 (Residential Single Family Zone)(Kent County Zoning Classification) and the proposed zoning is R-8 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone)(City of Dover Zoning Classification). Staff recommended that the request be referred to the Utility Page 32

Item #4. CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 9 Committee on January 25, 2022; to the Planning Commission on February 22, 2022; and that a public hearing before City Council be set for March 14, 2022 at 6:30 p.m. (Tax Parcel: ED-00-076.14-01-02.00-000; Planning Reference: AX-22-01) Mr. Neil moved for referral, as recommended, seconded by Mr. Rocha and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2022-01 AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 166 MIFFLIN ROAD INTERIM CITY MANAGER'S ANNOUNCEMENTS Ms. Sharon Duca, Assistant City Manager, provided a storm debriefing for the January 3, 2022 snowfall, as follows: • The City of Dover received between eight to ten inches of snow during the daylight hours. • The Department of Public Works Inclement Weather Plan was activated on January 2, 2022, due to the impending forecast. • Snow removal efforts were performed by the Department of Public Works, the Department of Water Wastewater, the Parks and Recreation Department and the Central Services Department. • Snow removal was complete by 5:00 PM on January 5, 2022. • The snow removal team consisted of 60 staff members from four departments. • Staffing shortages were experienced due to COVID and other illness. • The team, which included an outside contractor at a cost of approximately $37,000, spent a total of 951 hours clearing 12.64 miles of sidewalks, 122.7 miles of roadway (which includes some state roads), and 16.9 miles of alleys. • Nine vehicle and equipment repairs were required by the fleet division, which included two road calls. • We used 110 tons of salt and 1100 gallons of brine. The cost of the salt is approximately $29,000. Ms. Duca, on behalf of the City Manager's office, personally thanked all of the staff who responded to the snow removal, as well as the continuity of service personnel who kept electric going, water flowing, and provided other critical services during the snowstorm. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Taylor wished everyone a happy and healthy new year. He invited everyone to attend the Safety Advisory and Transportation Committee meeting on Tuesday, January 25, 2022 at 6:00 p.m. in the Council Chambers. He noted that they would be discussing the loitering ordinance and advised that Representative Sean Lynn had agreed to join the Ad-Hoc Committee and assist with the language, Page 33

Item #4. CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 10 fines, fees and penalties. Mr. Taylor noted that Representative Lynn is the author of House Bill (HB) 244, which is attempting to significantly reduce fines, fees, and penalties. Mr. Taylor explained that there had been problems submitting Ad-Hoc Committee applications on the City of Dover website and the IT Department was working on it. He asked anyone having issues submitting an application to please call the City Clerk's office and they will walk you through it, or applications could be printed and submitted. Mr. Taylor announced that he was going to meet with Councilman Anderson and Councilman Boggerty to outline the goals for the Ad-Hoc Committee and the criteria for participation. He also stated that the river walk was moving forward and the preliminary paperwork had been submitted to the City. Mr. Taylor thanked Ms. Duca and all of the city employees who did everything that they needed to do to ensure that the city received the services that they deserved. Mr. Anderson thanked employees in the City of Dover, particularly the Public Works Department. He reminded everyone of the Dr. Martin Luther King, Jr. Day observance, noting that a lot of events had been canceled or moved to virtual due to the virus. Mr. Anderson explained that the 36th Annual Martin Luther King Junior Day program by the Inner City Cultural League was still scheduled, although a good portion would be virtual. The program will start at noon and will be approximately 90 minutes long. Mr. Anderson suggested contacting elizabethd@icclart.org. Mr. Anderson encouraged any organization that was interested in American Rescue Plan Act funds to check the City of Dover website. He explained that the new application and time line would be on the website around January 20, 2022. Mr. Anderson expressed his hope that they would have everything ready for final Council approval by March 28, 2022. Mr. Boggerty explained that, during his time away, he reached out to a sports entertainment company called Golf Suites and they responded to the inquiry suggesting a meeting. He further explained that Golf Suites sent an overview of what they are looking for from locations making inquiries. Mr. Boggerty advised that the City of Dover meets two of their main qualifications which are to either be by a military base and/or a University. He stated that he believes it is an opportunity to bring jobs and entertainment to the City of Dover. Mr. Boggerty explained that Mr. Hugg had been following up on this initiative. Mr. Boggerty stated that he was able to work with a downtown business who was in a situation where they were having to quickly move out of their facility. He explained that the business contacted him and asked him to stop by the location. Mr. Boggerty thanked the City for all the work they did during the inclement weather and wished everyone a Happy new year and stated he was looking forward to a great 2022. Mr. Neil moved for adjournment, seconded by Dr. Pillsbury and unanimously carried. Page 34

Item #4. CITY COUNCIL MEETING OF JANUARY 10, 2022 PAGE 11 Meeting adjourned at 7:07 p.m. ANDRIA L. BENNETT CITY CLERK SELECT All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of January 10, 2022 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2022\01-10-2022 REGULAR COUNCIL MEETING MINUTES.wpd Page 35

Item #5. City Council Meeting CITY OF DOVER Oct 26, 2021 FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022 1 of 2 QUARTERLY REVENUE REPORT As of December 31,2021 FY22 FY22 50% ORIGINAL REVISED YTD % BUDGET FY21 FY20 GENERAL FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Property Taxes $ 14,715,000 $ 14,715,000 $ 14,666,200 99.7% $ 14,328,100 $ 14,123,800 2 Payment In Lieu of Taxes 552,700 552,700 532,000 96.3% 514,400 560,300 3 Transfer from Electric Fund 11,000,000 11,000,000 5,500,000 50.0% 10,000,000 10,000,000 4 Intrafund Service Receipts Electric 3,641,442 3,641,442 1,417,500 38.9% 3,098,200 2,874,100 5 Transfer from Transfer Tax Fund 1,400,000 1,400,000 1,698,200 121.3% 4,833,300 1,828,000 6 Business Licenses 1,500,000 1,500,000 1,374,700 91.6% 1,378,100 1,408,200 7 Intrafund Service Receipts Water 993,721 993,721 386,800 38.9% 845,500 676,300 8 Intrafund Service Receipts Wastewater 715,837 715,837 278,700 38.9% 609,100 676,300 9 Sanitation Fees 3,421,000 3,421,000 1,686,400 49.3% 3,125,100 3,080,900 10 Permits & Other Licenses 1,400,000 1,400,000 633,000 45.2% 1,595,700 1,059,800 11 Transfer from Municipal Street Aid Fund 750,000 750,000 396,000 52.8% 797,800 796,200 12 Fines & Police Revenue 630,300 630,300 248,000 39.3% 442,700 571,500 13 Police Extra Duty Fees 370,000 370,000 244,900 66.2% 146,700 470,900 14 Transfer from Police Grant Funds 130,000 130,000 109,400 84.2% 221,000 219,900 15 Transfer from Police Fed Grant Funds 308,900 308,900 - 0.0% - - 16 Court of Chancery Fees 1,400,000 1,400,000 817,700 58.4% 1,658,600 1,602,400 17 Transfer from Water/Wastewater Fund 1,000,000 1,000,000 500,000 50.0% 1,000,000 1,000,000 18 Transfer from Civil Traffic Penalties Fund 400,000 400,000 - 0.0% 1st and 2nd Qtr ERLSP not received. 267,100 430,300 19 Library Revenues & County Reciprocal Pymt 392,100 392,100 112,900 28.8% 79,000 329,500 20 Franchise Fees 600,000 600,000 151,400 25.2% 592,300 617,500 21 General Fund Grant Receipts 1,193,500 4,993,026 4,813,700 96.4% ARPA $4.3MM 1,294,600 625,700 22 Recreation Revenue 110,000 110,000 57,200 52.0% 46,500 84,900 23 Other Miscellaneous Receipts 115,000 239,000 231,400 96.8% $124M from State of DE (Police Vehicles) 203,300 110,900 24 Interest Income 90,000 90,000 19,500 21.7% 92,700 291,200 TOTALS $ 46,829,500 $ 50,753,026 $ 35,875,600 70.7% $ 47,169,800 $ 43,438,600 Final Budget $ 47,169,800 $ 43,438,600 Page 36

Item #5. City Council Meeting CITY OF DOVER Oct 26, 2021 FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022 2 of 2 QUARTERLY REVENUE REPORT As of December 31,2021 FY22 FY22 50.0% ORIGINAL REVISED YTD % BUDGET FY21 FY20 WATER FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Water Fees $ 6,353,800 $ 6,353,800 $ 3,343,200 52.6% $ 5,777,200 $ 5,557,800 2 Water Impact Fees 420,000 420,000 95,700 22.8% 172,100 215,900 3 Water Tank Space Leasing 436,700 436,700 417,100 95.5% Billed 100% at beginning of FY 529,800 374,900 4 Interest Income 34,000 34,000 4,300 12.6% 9,500 43,500 5 Other Miscellaneous Revenues 104,600 104,600 28,200 27.0% 223,204 26,900 TOTALS $ 7,349,100 $ 7,349,100 $ 3,888,500 52.9% $ 6,711,804 $ 6,219,000 Final Budget $ 6,711,804 $ 6,219,000 FY22 50.0% ORIGINAL REVISED YTD % BUDGET FY21 FY20 WASTEWATER FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Wastewater Fees 4,709,500 4,709,500 2,209,200 46.9% 4,232,200 3,615,700 2 Wastewater Adjustment Fees - County Trtmt 3,275,100 3,275,100 1,539,100 47.0% 3,122,500 3,108,400 3 Groundwater Inflow Adjustment 2,023,100 2,023,100 1,026,700 50.7% 1,948,300 1,804,000 4 Wastewater Impact Fees 380,000 380,000 86,500 22.8% 151,700 211,500 5 Interest Income 20,000 20,000 1,900 9.5% 1,900 5,600 6 Other Miscellaneous Revenues 62,900 62,900 8,600 13.7% 38,200 7,100 TOTALS $ 10,470,600 $ 10,470,600 $ 4,872,000 46.5% $ 9,494,800 $ 8,752,300 Final Budget $ 9,494,800 $ 8,752,300 FY22 FY22 50.0% ORIGINAL REVISED YTD % BUDGET FY21 FY20 ELECTRIC REVENUE FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Sales to Customers $ 81,960,900 $ 81,960,900 $ 41,012,500 50.0% $ 77,492,200 $ 78,671,000 2 Distribution of Earnings (5,196,000) (5,196,000) (2,693,800) 51.8% (5,007,800) (2,727,100) 3 Utility Tax 1,271,500 1,271,500 605,100 47.6% 1,137,000 1,223,200 4 Rate Stabilization Reserve 2,800,000 2,800,000 1,400,000 50.0% 3,000,000 - 5 Miscellaneous Revenue 850,000 850,000 508,900 59.9% 263,000 1,049,400 6 Interest Income 175,000 175,000 30,100 17.2% 145,554 280,800 TOTALS $ 81,861,400 $ 81,861,400 $ 40,862,800 49.9% $ 77,029,954 $ 78,497,300 Final Budget $ 777,029,954 $ 78,497,300 Page 37

Item #7. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: December 30, 2021 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater REVIEWED BY: David Hugg, Interim City Manager and Lori Peddicord, Controller/Treasurer SUBJECT: Evaluation of Proposals – Update to the City of Dover Wastewater System Master Plan TIMETABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed in one hundred and twenty (120) calendar days. RELATED PROJECT: X REFERENCE: X EXPENDITURE REQUIRED: $149,000* AMOUNT BUDGETED: $125,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Water & Wastewater- Wastewater Engineering Account No.: 402-41- 26-99-000-53031. *The City of Dover was awarded a Wastewater Matching Planning Grant to cover $50,000 of the cost of the project, this was accepted by the Water Infrastructure Advisory Council (WIAC). Actual City funding to be used for the project will be $99,000. STAFF RECOMMENDATION: Award contract to Duffield Associates for the Update to the City of Dover Wastewater System Master Plan, RFP #22-0017WW, for the amount of $149,000. BACKGROUND AND ANALYSIS: This operationally funded project includes a consultant to provide a complete re-evaluation of the City wastewater system, including hydraulic analysis of the transmission system and our pump stations and associated force mains. The plan will update the projected long-term wastewater impacts of the City, and the condition of each pump station. This update will also provide an evaluation of existing operational practices, including public outreach to customers. This update will provide a twenty (20) year capital Page 38

Item #7. outlook on improvements for the wastewater system. This update will work in conjunction with the adopted 2009 City of Dover Comprehensive Plan. The proposal was advertised to the public as a Request for Proposals in accordance with the City’s purchasing policy by the City’s Purchasing Agent under RFP #22-0017WW. Proposals were opened on November 30, 2021. The City of Dover received three (3) proposals. Each proposal was rated in six (6) categories and evaluated by three (3) staff members. The proposal evaluations are as follows: AVG. CONTRACTOR LOCATION EVALUATED SCORE DUFFIELD ASSOCIATES DOVER, DE 74 WHITMAN, REQUARDT & BALTIMORE, 70 ASSOCIATES MD REMINGTON & VERNICK NEWARK, DE 54 ENGINEERS * - Duffield Associates claimed local vendor preference which provided a 3% reduction on their evaluation score, actual evaluated price for project was $144,530. City staff reviewed the submissions and found that the Duffield Associates proposal met all requirements for the qualifications of the project and received the highest average score from the evaluators. Staff recommends awarding the contract to Duffield Associates in the amount of $149,000 for the Update to the City of Dover Wastewater System Master Plan. Page 39