CCW PACKET

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, January 23, 2024 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/ee7i9l Event number: 2530 801 0659 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER SAFETY ADVISORY AND TRANSPORTATION COMMITTEE ADOPTION OF THE AGENDA 1. Review of the Research on the Solar Powered Feedback Signs and Electronic Speed Enforcement Devices (Jason Lyon, Water/Wastewater Director) (Staff Recommendation: Approve a method of speed enforcement equipment to utilize in City of Dover neighborhoods.) 2. Discussion - Complaint from Kate Howard, Irish Mikes Pub Bar Owner/Manager regarding the Dover Police Departments responsibility to serve and protect their business. (Councilman Sudler) (Committee Action Not Required) 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - January 23, 2024 PAGE 2 3. Discussion - Concerns with the displaced and tent village on College Road adjacent to the Delaware State University facilities. (Councilman Sudler) (Committee Action Not Required) ADJOURNMENT OF THE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING UTILITY COMMITTEE ADOPTION OF THE AGENDA 1. Tidewater Utilities - Agreement for Water Sales / Purchase (Jason Lyon, Water/Wastewater Director) (Staff Recommendation: Allow staff to enter into an agreement with Tidewater Utilities with the specified water rates.) 2. Tree Trimming Bid Award - Sole Source Vendor (Paul Waddell, Electric Director) (Staff Recommendation: Staff recommends awarding a two (2) year (2024, 2025) Tree Trimming Contract to Asplundh Tree Experts with a City option to extend it an additional three (3) years (2026, 2027, 2028), five years total. The contract work will be adjusted to stay within budget each year.) ADJOURNMENT OF THE UTILITY COMMITTEE MEETING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. Proposed Ordinance #2024-02 - Amending Chapter 106 - Traffic and Vehicles, Sec. 106- 136 On-street disabled parking (Councilman Neil and Councilwoman Arndt) (Staff Recommendation: Approve Ordinance #2024-02) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE 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 2

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Item 1. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: January 12, 2024 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg, III, City Manager SUBJECT: Tidewater Utilities – Agreement for Water Sales / Purchase TIMETABLE: Execute the Agreement within seven (7) days of Council approval. Rates to go into effect July 1, 2024. RELATED PROJECT: N/A REFERENCE: N/A EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a STAFF RECOMMENDATION: Allow staff to enter into an agreement with Tidewater Utilities with specified water rates. BACKGROUND AND ANALYSIS: The City of Dover has four (4) current water service connections with Tidewater Utilities. In the past, separate agreements were made between the city and Tidewater for each location. Multiple agreements have expired and staff’s desire is to consolidate all the agreements into one (1) combined document. In past agreements, the city charged Tidewater in-city rates for water, even though the properties that utilized the water were out of city limits. The city negotiated with Tidewater to compromise on a billing rate that is the average of the in-city rate and the out of city rate. This is true for three (3) of the four (4) locations. The connection at Wilmington University will stay at the in-city rate, since the original agreement with the city does not have an expiration date. Staff recommends authority to execute the proposed agreement with Tidewater to consolidate all billing rates. 31

Item 1. Agreement for Water Sales / Purchase Tidewater Utilities – All Sites THIS AGREEMENT, entered into this _____ day of _______, 2024, between the City of Dover, hereinafter called the “City”, and Tidewater Utilities, Inc., hereinafter called “Tidewater”. WHEREAS, Tidewater desires to establish revised rates for purchasing water from The City at all current interconnections. The rates provided below will supersede all previous agreements between the City and Tidewater regarding rate structures. NOW, THEREFORE, in consideration of the following mutual covenants herein the parties hereto agree as follows: 1. Supply of Water: The City agrees to deliver the desired amount of water at a rate of flow not less than 750 gallons per minute, plus the required public fire protection flows. The supply shall be delivered through a metered water service connection at each location. 2. Maintenance: Tidewater agrees to annually test the all backflow prevention devices, where required, and provide a report to the City. 3. Rates: The following rates will be charged to Tidewater by the City, effective, July 1, 2024: a. Wilmington University Connection: The City agrees to supply water to this location at its published “in city” rate. The City has a tiered water rate structure, with tier 1 being between 0 and 6,000 gallons per month, tier 2 being between 6,001 and 100,000 gallons per month and tier 3 being greater than 100,000 gallons per month. Each tier has its own separate rate. It is understood that these rates may change from time to time but will always be billed as the “in city” rate. Billing shall be monthly. All other provisions of the Agreement Regarding Water Service Rights between Tidewater Utilities, Inc. and the City of Dover, dated October 15, 2007 shall remain in effect. b. Lakeland (Beechwood), Carlisle Village & Reichold Chemical Connections: The City agrees to supply water to these three (3) locations at a rate that is the average of the published “in city” rate and the “out of city” rate. The City has a tiered water rate structure, with tier 1 being between 0 and 6,000 gallons per month, tier 2 being between 6,001 and 100,000 gallons per month and tier 3 being greater than 100,000 gallons per month. Each tier has its own separate rate. It is understood that these rates may change from time to time but will always be billed at the average of published “in city” rate and the “out of city” rate. Billing shall be monthly. 32

Agreement for Water Sales / Purchase – Tidewater Utilities – All Sites Item 1. Page 2 of 2 c. Monthly Service Charge: Each of the connections will be subject to the monthly service charge. 4. Terms of Agreement: This agreement will become effective on July 1, 2024 and will not have an expiration date. In City rates will be charged at all locations until the effective date. If the agreement needs to be revised, both parties must agree to a revised amendment. 5. Liability of City for Discontinuance of Service: In case of breakdown, emergency or for any other unavoidable cause, the City shall have the right to cut off the water supply temporarily in order to make necessary repairs, connections or minimize the emergency situation. In such case, the City shall not be liable for any damage or inconvenience suffered by Tidewater or its customers. In addition, the City shall not be liable for any claim against the City at any time for an interruption in service, lessening of supply, inadequate pressure, or any other causes beyond the City’s control. The same rule shall apply if the City is directed to discontinue service pursuant to any other city, county or state code or law. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first written above. TIDEWATER UTILITIES, INC. _______________________________ By:____________________________ ATTEST: _________________________________ CITY OF DOVER _______________________________ By:____________________________ ATTEST: _________________________________ 33

Item 2. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole – Utility Committee DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: JAN 3, 2024 PREPARED BY: Paul Waddell, Electric Director SUBJECT: Tree Trimming Bid Award REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Dave Hugg, City Manager EXHIBITS: None EXPENDITURE REQUIRED: Not to exceed budget for any account AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): T&D Division Contractual Services: operation budgets such as 410-42-82-99-000-53031 (Electric T&D) (Electric Engineering); or Capital project funding as applicable. Electric T&D budgeted $400,000 for FY24 TIMETABLE: Award after Council Approval RECOMMENDED ACTION: Staff recommend awarding a two (2) year (2024, 2025,) Tree Trimming Contract to Asplundh Tree Experts with a City option to extend it an additional three (3) years (2026, 2027,2028), five years total. The contract work will be adjusted to stay within budget each year. BACKGROUND AND ANALYSIS This Committee Action Form (CAF) is to request the approval of the award of RFP NO.:24-00012EL. The Electric Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for contractors that are hired to perform work for the Department. These contracts are priced as a “time and material” contract and may exceed $150,000 annually. This proposal is for a tree trimming contract used to maintain clearance around the city’s overhead electric lines. This is the single most important maintenance project as it relates to the reliability of our overhead system. Typically, there are two (2) full-time crews working throughout the system to perform this maintenance. Additionally, this company has crews available to assist during storm events and this proposal includes pricing for these potential events. Bids were solicited and advertised according to the City policy by the City’s Contract and Procurement Manager under RFP #24-00012EL and RFPs were received from two (2) potential vendors; however, one (1) was rejected due to an incomplete submission. The remaining proposal was evaluated using the following criteria: past performance on similar size and scope projects, technical qualifications, incident rates, working plan, other available resources, corporate wide OSHA violations, corporate wide FLSA violations, Department of Justice violations and overall cost. Upon initial review it was determined that the one bidder was qualified. A bid summary sheet was created using the unit prices for the standard crews utilized by the Utility, which indicated that Asplundh Tree Expert Co. is the recommendation. Staff recommends awarding the contract to the only qualified bidder, Asplundh Tree Experts. Asplundh has a regional office located in Dover and local preference was observed. The duration of the bid is a two (2) year contract with the possibility of third (3), fourth (4th) and fifth (5th) year extensions dependent upon satisfactory performance. 34

Item 1. ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee MEETING DATE: 1/23/2024 DEPARTMENT OF ORIGIN: City Clerk’s Office on Behalf of Councilman Neil and Councilwoman Arndt PREPARED BY: Andria Bennett, City Clerk DATE SUBMITTED: 1/18/2023 SUBJECT: Section 106-136 - On-Street Disabled Parking RELATED PROJECT: None APPROVALS: CCW/LF&A Committee and City Council EXHIBITS: Draft Ordinance #2024-02 – Traffic and Vehicles, Article III – Stopping, Standing, and Parking, Section 106-136. On-street disabled parking EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget) N/A TIMETABLE: Introduction on January 23, 2024; First Reading on February 12, 2024, and Final Reading on February 26, 2024. RECOMMENDED ACTION: Approve proposed ordinance #2024-02. This amendment would prohibit allowing a parking space on public property to be set aside, identified, or otherwise reserved for use by a handicapped or disabled City resident who has available his/her use a driveway, parking pad, or other type of off-street parking space or private garage, on the premises of his/her residence or within 200 feet of his/her residence that provides at least the same proximity for such resident to his/her residence as the proposed parking space on public property would provide. BACKGROUND AND ANALYSIS After receiving complaints from residents of the City of Dover and researching handicapped parking ordinances in other municipalities in Delaware it was proposed to amend the City of Dover code regarding on- street handicapped parking. This proposed amendment would prohibit allowing a parking space on public property to be set aside, identified, or otherwise reserved for use by a handicapped or disabled city resident who has available his/her use a driveway, parking pad, or other type of off-street parking space or private garage, on the premises of his/her residence or within 200 feet of his/her residence that provides at least the same proximity for such resident to his/her residence as the proposed parking space on public property would provide. 35

Item 1. City of Dover PROPOSED ORDINANCE #2024-02 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 106 – Traffic and Vehicles, Article III – Stopping, Standing and Parking, Section 106-136. On-street disabled parking be amended by inserting the text indicated in bold, blue, italics and deleting the text indicated in red strikeout as follows: 4 Sec. 106-136. - On-street disabled parking 5 On-street disabled parking spaces shall be provided in accordance with the following regulations: (1) ANSI. Requirements of the American National Standards Institute (ANSI) for Passenger Loading Zones are to be met. (2) Signs, markings. The city will provide necessary signs and markings, including installation at the city's cost. (3) Curb ramp. If a new curb ramp is required to provide access from the road to the sidewalk, the party making the request shall provide labor and materials to complete the work. All costs of the ramp installation will be the responsibility of the party making the request. All work shall be done in accordance with city standards. (4) Private property. All work on private property will be the responsibility of the property owner. (5) State roads. On state-maintained roads, approval for any required curb depression must be obtained from the department of transportation. (6) On-site spaces. On-street disabled parking spaces shall not be provided in lieu of any required on-site disabled spaces. (7) No parking space on public property shall be set aside, identified, or otherwise reserved for use by a handicapped or disabled City resident who has available for his/her use a driveway, parking pad, or other type of off-street parking space or private garage, on the premises of his/her residence or within 200 feet of his/her residence that provides at least the same proximity for such resident to his/her residence as the proposed parking space on public property would provide. Proof of two current department of motor vehicles disabled parking permits is required. Failure of an applicant to disclose the foregoing information to the Public Works ADA Coordinator shall constitute grounds for disapproval or nonrenewal of reserved parking spaces on public property. This provision also applies to all renewal applications. 6 (Code 1981, § 13-41; Ord. of 9-23-1991) 36

Item 1. 7 ADOPTED: * SYNOPSIS This proposed amendment would prohibit allowing a parking space on public property to be set aside, identified, or otherwise reserved for use by a handicapped or disabled City resident who has available for his/her use a driveway, parking pad, or other type of off-street parking space or private garage, on the premises of his/her residence or within 200 feet of his/her residence that provides at least the same proximity for such resident to his/her residence as the proposed parking space on public property would provide. 10 (SPONSORS: NEIL AND ARNDT) 11 Actions History (Most recent first) 12 02/26/2024 - Scheduled for Public Hearing/Final Reading - City Council 14 02/12/2024 - First Reading - City Council 15 01/23/2024 - Introduction - Council Committee of the Whole/Safety, Legislative, Finance and Administration P.O. Box 475 ❖ Dover, Delaware ❖19903 Community Excellence Through Quality Service 37