CCW Minutes

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on January 10, 2023, at 6:03 p.m. with Councilwoman Dr. Pillsbury presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr. Neil, and Mr. Rocha. Mr. Sudler and Mr. Taylor were absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Shelton (Utility), Mr. Contant (via WebEx) and Mr. Shevock (via WebEx) (Legislative, Finance, and Administration Committee). Mr. McCutcheon (Utility), and Dr. Jackson, and Mr. Hosfelt (Safety, Advisory, and Transportation) were absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. Evaluation of Bids – FY 2023 Street and Alley Program (Jason Lyon, Director of Water and Wastewater) Mr. Jason Lyon, Director of Water and Wastewater, reviewed the background and analysis of the evaluation of bids for the FY 2023 Street and Alley Program. Staff recommended awarding the contract to Sam’s Construction, LLC, for the City of Dover FY 2023 Street and Alley Program, Bid #23-0005PW, for the amount of $1,037,595.25. Responding to Ms. Arndt, Mr. Lyon stated that the total amount of repaving is 0.99 miles. Responding to Ms. Arndt, Mr. Lyon stated that if this project is approved, the process to notify the residents of the paving project would be by sending a letter that states this project is coming forward. Mr. Lyon explained that the next step would be to set up a kickoff meeting with the contractor to schedule a start time and send a second notice of when the work will begin. Mr. Lyon further explained that a third handwritten, hand-delivered notice would be delivered one week prior to the start of work. Mr. Boggerty requested that Mr. Lyon state what process he followed to make sure that everyone including minorities had ample opportunity to bid on the construction. Mr. Lyon stated that they publicly advertise through the newspaper and the City of Dover website. Mr. Lyon explained that they solicit from the State of Delaware’s list of Disadvantaged Business Enterprise. Mr. Lyon further explained that they use that database to reach out to qualified vendors that could do this work. Responding to Mr. Boggerty, Mr. Lyon stated the City of Dover does not require the vendor to provide a diversity statement or proof of Equal Employment Opportunity (EEO).

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 10, 2023 PAGE 2 Responding to Mr. Lyon, Mr. Boggerty stated that he thought it sounded like Mr. Lyon did his due diligence and wanted the process on record. Mr. Boggerty stated that he appreciated Mr. Lyon. Responding to Mr. Shelton, Mr. Lyon stated that the city will coordinate with the Delaware Department of Transportation (DelDOT) and notify police, fire, emergency services, and schools for any road construction that would cause any type of detour or delays. Mr. Hare moved to recommend awarding the contract to Sam’s Construction, LLC, for the City of Dover FY 2023 Street and Alley Program, Bid #23-0005PW, for the amount of $1,037,595.25, as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried. Evaluation of Bids – Williams Park Storm Pipe Replacement (Jason Lyon, Director of Water and Wastewater) Mr. Jason Lyon, Director of Water and Wastewater, reviewed the background and analysis of the evaluation of bids for the Williams Park Storm Pipe Replacement. Staff recommended awarding the contract to Gateway Construction, Inc. for the Williams Park Storm Pipe Replacement, ITB #23-0004PW, for $148,000. Responding to Ms. Arndt, Mr. Lyon stated that the corroded pipe led to a washout of soil around the pipe. Mr. Lyon explained that the pipe had started to disintegrate, and that sediment and dirt are going into the river. Mr. Lyon noted that the river is stormwater, and the quality of drinking water has not been affected. Responding to Mr. Anderson, Mr. Lyon stated that they have anticipated 60 days for the construction process of this project, and that would include the allocation of materials. Mr. Lyon stated that once the contractor receives the materials, the process should not take longer than four weeks. Mr. Lyon noted that this area is grass and that they will not have to worry about pavement, detours, or traffic control. Responding to Mr. Anderson, Mr. Lyon stated that the project could start roughly around late spring. Mr. Lyon noted that they have seen a wide range of time delays with getting materials that could affect this time frame. Responding to Mayor Christiansen, Mr. Lyon stated that both projects require a performance bond. Mr. Lyon explained that if the contractor does not complete the work, then the city can pull the bond, and use that money to hire another contractor to do the work. Mr. Hare moved to recommend awarding the contract to Gateway Construction, Inc. for the Williams Park Storm Pipe Replacement, ITB #23-0004PW, for $148,000, as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried. Annual Review and Approval of Governing Policy for Energy Commodity Risk Management (Lori Peddicord, Controller/Treasurer) Ms. Lori Peddicord, Controller/Treasurer, reviewed the background and analysis of the amendments to the Governing Policy for Energy Commodity Risk Management.

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 10, 2023 PAGE 3 Staff recommended approving the proposed amendments to the Governing Policy for Energy Commodity Risk Management. Mr. Neil stated that he thought everybody here was being hurt so badly by the cost of electricity. Mr. Neil explained that the city went through a period for several years where they were able to purchase advances that held down electric rates very comfortably, and very low. Mr. Neil stated that the city does not make money from this and that they are not a profit-making organization. Responding to Mr. Neil, Ms. Peddicord stated that there is too much in the mix to say if the increase in purchasing power would result in lower costs to the customer. Ms. Peddicord explained that this allows the city to purchase either the equivalent of what the city used to purchase in 2015 and/or larger lump sums to maybe capture a better price. Mr. Neil stated that for those who may not be aware, everything Ms. Peddicord explained is always available to the public. Mr. Neil explained that any member of the public can go to www.cityofdover.com and look under Agendas, they will be able to see and read what has been presented to council tonight. Mr. Neil stated that what Ms. Peddicord is saying is not a surprise to members of council because they have done their homework and reviewed the material prior to the meeting. Mr. Neil explained that members of the public can review the same information and understand what they are going through in the process to try to keep electric rates down and to be fair. Mr. Neil stated that hopefully the prices are coming down and that council will be able to take the surcharge off or drop it down as soon as they possibly can. Ms. Peddicord reviewed the chart entitled On Peak Purchasing MW By Year – Current $20M Limit on page 50 of the packet. Ms. Peddicord explained that prior to 2020 the city was buying a lot more peak or megawatts. Ms. Peddicord stated that going forward, the increase in limit increases the city’s ability to capture more. Ms. Peddicord noted the difference between the gray line and the red line is a large variance between the pricing of what they were capturing versus what it is currently costing. Ms. Peddicord stated that increasing the limit to 40 million will allow the city to hopefully either purchase larger quantities at a lesser price and/or just more than what they used to be able to do at a lesser value. Mr. Neil moved to recommend approving the proposed amendments to the Governing Policy for Energy Commodity for Risk Management, as recommended by staff. The motion was seconded by Ms. Arndt. Mr. Anderson stated that this is an important change, and he congratulated the board for that because it had been a concern. Mr. Anderson noted that he has been bugging the board that the city needs to be able to buy more when the price drops. Mr. Anderson explained that when the price drops the city needs that flexibility. Mr. Anderson congratulated the staff and stated this is an intelligent policy for the ratepayers of the City of Dover.

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 10, 2023 PAGE 4 Mr. Neil moved to recommend approving the proposed amendments to the Governing Policy for Energy Commodity Risk Management, as recommended by staff. The motion was seconded by Ms. Arndt and unanimously carried. Mr. Rocha moved for adjournment of the Utility Committee, hearing no objection, the meeting adjourned at 6:26 p.m. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairwoman Pillsbury presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Dover Roundabout Analysis for Governors Boulevard, Ross Street, and Bradford Street (Sharon Duca, Assistant City Manager) Ms. Sharon Duca, Assistant City Manager, reviewed the background and analysis regarding the Dover Roundabout Analysis for Governors Boulevard, Ross Street, and Bradford Street. Ms. Duca introduced Ms. Wendy Carpenter, Traffic Calming Manager, DelDOT, and Ms. Nicole Wilson, Consultant, DelDOT. Ms. Carpenter and Ms. Wilson reviewed the traffic calming measures in Attachment #1 – Governors Boulevard at Ross and North Bradford – Intersection Improvement Options. Ms. Carpenter noted that Representative Sean Lynn is willing to fund most of the options through the Community Transportation Fund, however, the larger two roundabouts on pages 9 and 10 of Attachment #1 would require a capital project through the Dover/Kent Metropolitan Planning Organization (Dover/Kent MPO). Staff recommended that Council receive public input regarding the options presented and allow for additional research into low-impact traffic calming options. Mr. Neil stated that this is just the first step because they have a lot of people who are going to be concerned about this. Mr. Neil emphasized the fact that every time they had this, they had to give everybody the chance to say what they think. Mr. Neil explained that these are things that DelDOT and Council are going to have to take a very close look at in terms of presenting this to an audience of neighbors who are going to be affected by this. Mr. Neil stated that Councilwoman Arndt, himself, and Mayor Christiansen have been inundated with complaints about the accidents that have occurred in this intersection, and that they must do something, they are concerned about safety. Mr. Neil stated that he wanted everybody to know that this is a first step, and this is a process that will consider everyone’s thoughts to come up with a decision. Responding to Mr. Rocha, Ms. Carpenter stated that for anything that has right-of-way impacts, drainage impacts, or environmental impacts CTF funds cannot be used. Responding to Mr. Rocha, Ms. Carpenter stated that CTF funds could not be used for the larger roundabouts on pages 9 and 10 of Attachment #1. Ms. Carpenter noted the smaller roundabout on page

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 10, 2023 PAGE 5 11 of Attachment #1 would qualify for CTF funds, but that you cannot drive in a complete circle around it. Mr. Rocha stated that he grew up in an area that had roundabouts his whole life. Mr. Rocha stated that he felt the ones that are here, that are small, really are not effective at all. Mr. Rocha explained that if someone is going to speed, they will go right over the bricks in the middle. Mr. Rocha further explained that where he grew up, it was grass, and if it rained you would be stuck in there, so they learned not to do that. Mr. Rocha suggested either putting grass in the middle or not making it so appealing to drive straight across. Mr. Rocha noted that he felt the small roundabouts are not effective, at all. For example, the one on Mifflin Road, might as well just be ripped out. Mr. Anderson stated that there is just not enough room for the large roundabouts and that they are trying to protect neighborhoods not disrupt them. Mr. Anderson continued to state that taking away houses and getting rid of a couple of his neighbors is something that he would never support. Mr. Anderson explained that it is just not practical and would absorb the money that the city desperately needs to repave other roads. Responding to Mr. Anderson, Ms. Carpenter stated that there are options, such as 1A on page one of Attachment #1, which is just signing and striping, there are no kind of closure or anything like that. Ms. Carpenter explained that for options such as the all-way stop and the closures, DelDOT would need to do some analysis just to make sure if they close this road, what is that going to mean? Where are the cars going to detour to? Does it cause issues somewhere else then? Ms. Carpenter explained they need to do a study for those questions. Ms. Carpenter stated that for the options that are just signing and striping, it is just installing the signs and putting the striping down. Ms. Carpenter explained that for DelDOT, the striping season is spring and summer, and is dependent on when they can get on the schedule. Ms. Carpenter then further explained that striping and signing in Kent County are quick, and signage may be installed by the City of Dover. Responding to Mr. Anderson, Ms. Carpenter stated that they do not have a time frame for the larger projects as DelDOT would need to do more analysis. Mr. Hare stated that there was a similar issue on Wyoming Avenue, and what prevailed was what the people that lived there wanted. Mr. Hare stated that he is more concerned about the people who live there, right on it, around it, and what they want. Mr. Hare stated that he would not sit there and say we are going to do this if the residents do not want it. Mr. Hare stated the residents who live there, that is whom he wants to hear from and what they want. Ms. Arndt stated that she wanted to reiterate Councilman Neil's point that this is the first step, this is a preliminary assessment. Ms. Arndt apologized and stated that she can certainly appreciate the folks from the neighborhood who when they first saw this in the packet and saw this giant roundabout, she knew that caused them considerable anxiety. Ms. Arndt explained that residents have heard here tonight that that is not an option worth pursuing, it is too large for that area, and certainly, they are not going to take anyone's home. Ms. Arndt noted that council is not choosing any of these options tonight.

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 10, 2023 PAGE 6 Ms. Arndt stated that the point of tonight was to say, okay, council is going to move this forward. Council is going to take it to the public and they will be holding a workshop. Council will be getting input from the public. Ms. Arndt explained there is more work that DelDOT needs to do regarding researching these alternatives to see what can happen in this area. Responding to Ms. Arndt, Ms. Duca stated that one of the key factors is going to be working with DelDOT directly. One of the things that she would foresee on this is something similar to some of the charettes DelDOT does for some other projects so that they can have time with the public to go over the options. Ms. Duca stated that Ms. Carpenter could speak on this, DelDOT may want to do some additional analysis before holding those charettes so that they can answer more questions. Ms. Duca noted that she appreciates the point that they rule out some of the options, to begin with, so they do not need to be researching the large roundabouts. Ms. Duca explained looking forward, the city is trying to get that public input before it comes back to council. Ms. Duca noted that the dates would be posted when those meetings were occurring with the public so that interested members of council could attend. Mayor Christiansen requested Madam Chair Pillsbury allow members of the audience who live in that area of Governors Boulevard, Ross Street, and Bradford Street an opportunity to speak. Mr. James Frazier, 643 North Bradford Street, stated that he lives on the corner of North Bradford Street and Ross Street. Mr. Frazier stated that in the 43 years that he has lived on the corner of North Bradford Street and Ross Street, almost all of his neighbors, including himself, have had vehicle or property damage. Mr. Frazier explained that these have been single-car accidents caused by reckless driving, carelessness, and some cases drunk driving. The number of these accidents equates to about one every five years. Other accidents in the intersection have been due to inattentive driving and speeding. Mr. Frazier noted that many times, he has observed drivers sitting at the stop sign at North Bradford and Ross Street, talking, texting on their cell phones, and then pulling into the intersection, nearly missing cars that are traveling on Governors. The recent addition of signs on the corners of North Bradford Street and Ross Street, alerting motorists that traffic on Governors Boulevard does not stop, has been a help. Mr. Frazier stated that one constant problem at the intersection is excess speed. The speed limit on Governors Boulevard is 25 miles per hour. When drivers are coming from the north or coming north from Silver Lake and have a green light at Governors Boulevard and Walker Road, they do not start to slow down until they get through the intersection and see the solar-powered speed sign flashing at them. Mr. Frazier stated that he consistently sees speeds of 35 to 50 miles an hour registered on that sign. Drivers need to realize that when they travel down Governors Boulevard and State Street from the stop light at State Street, Governors Boulevard, and Walker Road, they are entering a residential neighborhood. Mr. Frazier suggested that it would be helpful to have another solar-powered sign placed on Governors Boulevard, between the intersection and the traffic light at Governors Boulevard and Walker Road. Drivers need to be reminded of their speed before they get to the intersection, not after it. Mr. Frazier requested to step up traffic speed enforcement. Mr. Frazier explained that the sight of a police car is one of the best traffic-calming devices that he knows of. Mr. Frazier also suggested that one other thing that might slow down people is to paint crosswalk hash marks across the north and south sides of the intersection on Governors Boulevard, and the same for Ross Street and North

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 10, 2023 PAGE 7 Bradford Street and putting the State Law Yield to Pedestrian signs in the middle of them like there are on Governor's Avenue down by Delaware State Universities Downtown Campus. Mr. Frazier asked council to please keep in mind, with the problems mentioned, traffic through the intersection travels or traffic moves through the intersection 99% of the time without a problem. Before they spend millions of dollars and start condemning houses and destroying parts of the neighborhood, he would like for them to consider less destructive and cheaper ways to enhance the safety of both motorists and homeowners. Jim Barron, 640 North Governors Avenue, stated that in 35 years, six fences, telephone poles, and multiple accidents at all times. Mr. Barron noted that he gets to see most of his neighbors when there is an accident, and they come out and try to work with people. The speeding is still there, last night at 3:45 pm, a car went through at 54 miles per hour on the flashing sign. Mr. Barron stated that they need enforcement. Mr. Barron stated that he is really encouraged by the bigger roundabouts going away and seeing some of the ideas of making streets one way. Mr. Barron explained that in the morning vehicles are coming south on Bradford Street heading across and not stopping at all to see if they can get through. He explained that this started happening when they changed the Walker Road intersection, which created more traffic on Ross Street because people are trying to avoid the light by coming up Ross Street, coming through that intersection, and cutting over to Walker Road. Mr. Barron noted that DelDOT buses do that a lot. Mr. Barron thanked the city and DelDOT for getting this started. He noted they do not need to take people's homes, but that they need to make it safe. Mr. Neil stated that the only point he is making is that the residents made the point that they have already heard. Mr. Neil explained that the only option that was given tonight that looked promising would have been the small roundabout on page 11 of Attachment #1. Mr. Neil stated that DelDOT must complete their program and study this because they are the experts. Mr. Neil stated that DelDOT will come to council to educate them as to what effect it would have, and then to the public for input on what they prefer. Mr. Neil stated that anything that helps, he is in favor of. Mr. Neil stated that he is sure that the residents will get support from this entire group when that occurs, and it is going to happen. Mr. Neil explained that it would not happen in 35 years or 40 years, it is happening now, and the community has council’s attention. Mr. Neil thanked the residents for coming out and participating. Mr. Neil reminded the residents that this is the first step. Ms. Arndt moved to recommend that Council receive public input regarding the options presented and allow for additional research into low-impact traffic calming options, as recommended by staff. The motion was seconded by Mr. Neil. Mr. Anderson moved to amend the motion to include Community Transportation Fund (CTF) funded options. Ms. Arndt and Mr. Neil accepted the amendment and unanimously carried. Ms. Arndt moved to recommend that Council receive public input regarding the Community Transportation Fund (CTF) funded options presented and allow for additional research into low-impact traffic calming options, as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried.

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 10, 2023 PAGE 8 Dr. Pillsbury moved for adjournment of the Safety Advisory and Transportation Committee, hearing no objection, the meeting adjourned at 7:01 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, seconded by Mr. Rocha and unanimously carried. Draft Annual Comprehensive Financial Report (ACFR) (Lori Peddicord, Controller/Treasurer) Mr. Anderson congratulated Ms. Peddicord and her staff for an unmodified audit and a Certificate of Excellence in financial reporting. Ms. Lori Peddicord, Controller/Treasurer, introduced Mr. Bill Seymour, Engagement Partner, S&B Company. Mr. Seymour reviewed the presentation entitled Fiscal Year 2022 Audit Results. Staff recommended acceptance of the draft report. Mr. Neil moved to recommend acceptance of the draft report, as recommended by staff. The motion was seconded by Ms. Arndt and unanimously carried. Library Rebranding Presentation (Brian Sylvester, Library Director) Mr. Brian Sylvester, Library Director reviewed the presentation entitled Dover Public Library Brand Guide. Mr. Sylvester stated that the Dover Public Library hired Kristine Arth, Brand Consultant, Lobster Phone. Mr. Sylvester noted that the rebranding campaign was covered by the state’s side of the budget and did not include municipal funds. Mr. Boggerty thanked Mr. Sylvester for the great work they have done. Mr. Boggerty stated that the L does not have an L shape. Mr. Boggerty also stated that he would like to see a space between the D and P. He explained that the letters are so exaggerated that they look more like shapes than letters. Ms. Arndt stated that they could ask a hundred different people and get a hundred different points of view. Ms. Arndt stated that she thought the design looked great, it is fun, it is modern, and she loved the color choices. Ms. Arndt also liked that the Dover Public Library staff can fully customize this design in any way without going back to the designer. Responding to Mr. Rocha, Mr. Sylvester stated that he reached out to Ms. Diane Laird, Director of the Downtown Dover Partnership (DDP) but had not heard back from her. Mr. Sylvester stated that he would contact Ms. Tina Bradbury, DDP, regarding the banners in front of the library to ensure cohesiveness with Mosaic’s Downtown Master Plan. Mr. Neil stated that he is a fan and customer of the Dover Public Library. Mr. Neil stated that the programs are phenomenal for kids and everyone that is there. Mr. Neil explained that there is space available for things such as DDP will be there to show and tell for Mosaic. Mr. Neil stated that he believes that when you have a great library if you are bringing in businesses and economic development you can show them what Dover has. Mr. Neil stated that he was very proud of the library.

COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 10, 2023 PAGE 9 Mr. Neil explained that sometimes you must change the feel or the look to kind of freshen it and give excitement to the staff. Mr. Neil noted they are a great staff. Committee action was not required. Mr. Neil moved for acceptance of the Dover Public Library’s report. The motion was seconded by Mr. Rocha and unanimously carried. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection, the meeting adjourned at 7:23 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Rocha and unanimously carried. The meeting adjourned at 7:23 p.m. Roy Sudler, Jr. Council President RS/re \\VMFILEPRINT\CityClerk\AGENDAS-MINUTES-PACKETS\Committee-Minutes\2023\01- January\01-10-2023 CCW Minutes.docx