CCW Minutes

COUNCIL COMMITTEE OF THE WHOLE 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. 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 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

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 2 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 started he is working on looking at legislation and the City of Dover Ordinance. He 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 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 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 got to come down then they got 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 he looks forward to us getting something like that here. Mr. Taylor stated that he took a field trip downtown with Downtown Dover Partnership’s Safety Committee and they have work to do. Mr. Taylor noted tree roots, tripping hazards, and all different kinds of things everywhere. Mr. Taylor stated that they have decisions they need to make about 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

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 3 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. He 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 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.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 4 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 he did immediately and took pictures. 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. So, 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. She 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. 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. He 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.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 5 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 that 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 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. I tease her. Mr. Boggerty stated that you talk about people who work hard, these are small businesses, and they work hard. Mr. Boggerty stated 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. There are individuals upstairs but somehow the building was broken into. 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 diagnosis is real. Mr. Boggerty stated that they just cannot have someone do that and then they are out 10 minutes after they are caught. 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 it is not what they want to represent as a city. Mr. Boggerty stated that he spoke to some other individuals from other cities to ask how they addressed their downtown issues. Mr. Boggerty stated 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)

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 6 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. In a normal project on the city road, there is no concrete underneath the asphalt, it is just stone. It's easier for the contractor to dig in there and 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 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 he hears Council in the bidding process, and that he is making some adjustments with the collaborative effort with Council, and the Team Dover. Mr. Sudler stated as a Council person, it really means a lot to him, and to keep up the good work, the whole Team Dover, and their staff, it is not going unnoticed. Mr. Sudler stated that he is recognizing it and can feel when someone's genuine and authentic, and 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 all 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 on it 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 along, a long critical route and that it is next to a school, so they must do a lot of public outreaches. Mr. Lyon stated it will be a lot of hand deliveries and that once they have a better handle on the actual timeframe, they will get something out to them in hand. Mr. Lyon explained 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 includes the lead time on the equipment, so the actual digging up will not be 360 days.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 7 Responding to Mr. Rocha, Mr. Lyon stated that the contractor is responsible for getting all the equipment, manpower, and materials to do the project. They are 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, but they are responsible for that. Responding to Mr. Sudler, Mr. Lyon stated that our inspection team inspects materials before installation, and then when it is installed, there are tests on the water materials to make sure that there is no 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 maybe inspecting the storage location might be added 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 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 that a maintenance bond 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, they 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. 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. Responding to Mr. Sudler, Ms. Boone stated that it will be done from the pre-design. Ms. Boone stated there will be a pre-assessment of individuals, to understand where the leaders are right now. So that whatever content they are building is going to be able to handle that diversity of those skills and experience that is in the room. Ms. Boone stated that she typically likes to include some pre-work, so

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 8 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 she thinks that the city could take into consideration, in terms of, how to sustain that. It's not going to be solved in one and a half days. It is going to have a good foundation to be able to build off, with 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 session of 4.5 – 5 hours long. Ms. Boone explained that it will dovetail into the Diversity, Equity, and Inclusion initiative. She further explained 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. ERP Project Implementation Update (Lori Peddicord, Controller Treasurer) Ms. Peddicord reviewed the presentation entitled “Enterprise Resource Planning (ERP) Implementation Update” Attachment #1. 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. The one Ms. Peddicord is worried about is ADP, just because there are probably 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. 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

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 9 necessarily pick it up. Ms. Peddicord stated 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." So 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. 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 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. Ms. Peddicord explained that they try to meet frequently if there are issues but not so frequently if it is running smoothly. 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 noted that Tyler can perform applicant tracking, submit resumes online, and then we can circulate that information electronically to our department heads. So, applicant tracking is another piece of this module that we have built and is not being used right now, because they are just trying to get the go-live to go live. 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 process documents 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 she thought 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 quickly to learn. Ms. Poole explained that it was during the open enrollment, so it was a stressful period to try and figure out everything. She further explained that there was some backlog in trying to figure out and trying to implement all the information into the system.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 10 Ms. Poole stated that an issue she encountered from a timeline perspective is that they are entering 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 we were left to pick up the pieces once they lost their HR Coordinator/Administrative Assistant, they just had to work to try and figure that piece out. Ms. Poole noted that what has helped to remedy this 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 hire, 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, to figure out what the whole is. Ms. Poole stated that might not make sense, but it is a hard system. So as of right now, she has taken a back seat to allowing 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, so 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. She wanted to make sure that everyone was aware of the proposal 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 putting more workload and duplication. Responding to Mr. Shevock, Ms. Peddicord stated that before Covid there was a working group of Tyler users, but they have not met since the COVID-19 Pandemic.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 11 Responding to Mr. Boggerty, Ms. Peddicord stated that she is not worried about Tyler being obsolete, as they are progressing along, and 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 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 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 for the city. 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 implementing 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 in 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. So that is where the conversion and the crosswalk occur. Ms. Peddicord stated that working with the conversion data has been a huge challenge and challenges are largest 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, you just want to provide them 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 regards to veteran status, there is the recognition that you have served, and 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 she would like to see everyone have an opportunity. Ms. Hall stated that equity is about opportunity and leveling the playing

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 12 field and that she is satisfied with being given the 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. At the Federal level, there is the 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 very 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 make 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 are 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 is 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 the Fusion Alliance to help develop a new strategy and a new plan. Mr. Hugg believes that they have done good things already, but it is still early in the process. Mr. Hugg noted 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.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 13 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 when the city has received federal funds on projects that he has been a part of, 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 to solicit 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 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

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 14 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 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.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 15 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, 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

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 16 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 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.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 17 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. 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. 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. 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. Roy Sudler, Jr. Council President RS/re

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 9, 2022 PAGE 18 Attachments Attachment #1- Presentation entitled "Enterprise Resource Planning (ERP) Implementation Update" Attachment #2- Presentation entitled "Overcoming the Barriers: Doing Business with the City of Dover"