Council Packet-Cancellation Notice

Regular City Council Meeting Agenda March 23, 2020 - 7:30 p.m. City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware In compliance with the Governor's stay-at-home order and for the health and safety of our residents, staff, and elected officials, this meeting has been canceled. Invocation by Mayor Christiansen Pledge of Allegiance Led by Council President Hare Adoption of Agenda * Consent Agenda Those items on the Council Agenda which are considered routine and non-controversial shall be marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. * 1. Adoption of Minutes A. Special Council Meeting of January 27, 2020 B. Regular Council Meeting of March 9, 2020 2. Emergency Ordinance #2020-06 Waiving Certain Charter, Code, Policy and Procedure Requirements During the COVID-19 Virus State of Emergency 3. Postponement of Public Hearing and Final Action on Requests for Annexation/Rezoning of Properties Located at 1448 North Little Creek Road (Tax Parcel: ED-00-077.00-01-02.00-000; Planning Reference: AX-20-01; Council District 2) and 1385-1389 McKee Road (Tax Parcel: ED-00-067.00-01-01.00-000; Planning Reference: AX-20-02; Council District 4) (Staff recommendation: Postponement until new Planning Commission and Council Public Hearing dates can be scheduled upon the withdrawal of the State of Emergency) 4. Council Committee of the Whole Report - March 10, 2020 * A. Utility Committee (1) Evaluation of Bids - Puncheon Run Pump Station Improvements (Committee recommendation: Award the contract to Kuhn Construction Company for the City of Dover Puncheon Run Pump Station Improvement Project, Bid #20-0017PW, for $732,200)

Council Agenda - March 23, 2020 Page 2 4. Council Committee of the Whole Report - March 10, 2020 (Continued) * B. Parks, Recreation, and Community Enhancement Committee (1) Report from Silver Lake Commission (2) Review of Active Recreation Area Plans (Request for Cash-in-Lieu) - 1504 and 1506 College Road (Planning Reference #SB-20-01) (Committee recommendation: Acceptance of the $4,250 Cash-in-Lieu of Recreation Area Construction donation, as the amount complies with the requirements of the Zoning Ordinance) (3) Presentation from the Hope Commission (Committee recommendation: Acceptance of the report) C. Legislative, Finance, and Administration Committee (1) Purchase of Replacement IBM Power System S914 Server (Sole Source Vendor) (Committee recommendation: Authorize the City Manager or her designee to accept the proposals and purchase the equipment and operating system while also directing Staff to provide answers to the specific issues that were addressed during the Committee meeting) * 5. Appointment Recommended by Council President Hare - Utility Committee - Andrea B. Maucher (to fill the unexpired term of Margaret (Scarborough) Haass - term to expire May 2020) 6. Adjournment /tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Agendas\2020\03-23-2020 Council Agenda-Cancellation Notice.wpd Executive Session Pursuant to: 29 Del. C. §10004(b)(2) - Preliminary discussions on site acquisitions for any publicly funded capital improvements, or sales or leases of real property; 29 Del. C. §10004(b)(4) - Strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining or pending or potential litigation, but only when an open meeting would have an adverse effect on the bargaining or litigation position of the public body; 29 Del. C. §10004(b)(6) - Discussion of the content of documents, excluded from the definition of "public record" in §10002 of this title where such discussion may disclose the contents of such documents; 29 Del. C. §10004(b)(9) - Personnel matters in which the names, competency and abilities of individual employees are discussed, unless the employee requests that such a meeting be open THE 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.

SPECIAL COUNCIL MEETING A Special Council Meeting was held on January 27, 2020 at 6:00 p.m. with Council President Hare presiding. Members present were Mr. Anderson, Mr. Neil, Mr. Slavin, Mr. Polce, Mr. Taylor, and Mr. Lindell. Mr. Sudler and Mr. Cole were absent. Mayor Christiansen was also absent. Council staff members present were Mr. Gary Junge in the absence of City Solicitor Rodriguez, Mrs. Mitchell, and Mrs. McDowell. Mr. Harline, Assistant City Manager, was also present. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Lindell and unanimously carried. Mr. Polce moved to recess into Executive Session pursuant to 29 Del. C.§10004 (b)(l) Discussion of an individual citizen's qualifications to hold a job or pursue training unless the citizen requests that such a meeting be open and pursuant to 29 Del. C. §10004(b)(4) - Strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining or pending or potential litigation, but only when an open meeting would have an adverse effect on the bargaining or litigation position of the public body. The motion was seconded by Mr. Anderson and unanimously carried. The Special Council Meeting recessed into Executive Session at 6:01 p.m. The Executive Session adjourned at 6:19 p.m. ACTION RESULTING FROM THE EXECUTIVE SESSION Attorney Services for Potential Litigation During the executive session, members of Council considered engaging outside counsel to handing potential litigation. Mr. Slavin moved to engage Ms. Victoria K. Petrone of Baird Mandalas Brockstedt LLC. The motion was seconded by Mr. Neil and unanimously carried. Mr. Polce moved for adjournment, seconded by Mr. Lindell and unanimously carried. The Special Council Meeting adjourned at 6:21 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of January 27, 2020 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2020\01-27-2020 SPECIAL COUNCIL MEETING - ES ACTION (PUBLIC) - Pending and Potential Litigation and Attorney Services.wpd

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on March 9, 2020 at 7:32 p.m. with Council President Hare presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Cole, Mr. Polce, Mr. Taylor, and Mr. Lindell. Staff members present were Police Chief Johnson, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, City Solicitor Rodriguez, and Mrs. McDowell. Fire Chief Rhodes was absent. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Hare declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. Mrs. Anita Wheeler-Bezy, Mr. Hassan Azhar, and Ms. Rosie Johnson spoke about the unwanted activity in the downtown area and the need to increase enforcement and find solutions to the problems. Mr. Richard Kepfer spoke about the need to adopt Ordinance #2020-05 related to short-term rentals. The invocation was given by Mayor Christiansen, followed by the Pledge of Allegiance. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Sudler and unanimously carried. Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Slavin and carried by a unanimous roll call vote. ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JANUARY 13, 2020 The Minutes of the Special Council Meeting of January 13, 2020 were unanimously approved by motion of Mr. Neil, seconded by Mr. Slavin and bore the written approval of Mayor Christiansen. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 24, 2020 The Minutes of the Regular Council Meeting of February 24, 2020 were unanimously approved by motion of Mr. Neil, seconded by Mr. Slavin and bore the written approval of Mayor Christiansen. DOVER HUMAN RELATIONS COMMISSION REPORT - FEBRUARY 20, 2020 The Dover Human Relations Commission (DHRC) met on February 20, 2020 at 6:00 p.m. with Chairman Gaddis presiding. Members present were Mr. Fleming, Mrs. Herbert, Ms. Mullen (departed at 6:23 p.m.), and Mr. Rocha. Ms. Paige was absent.

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 2 ADOPTION OF AGENDA Mrs. Herbert moved for adoption of the agenda, seconded by Ms. Mullen and unanimously carried. 2019 Annual Report to City Council Mr. Fleming moved to recommend acceptance of the Dover Human Relations Commission 2019 Annual Report to City Council. The motion was seconded by Mrs. Herbert and unanimously carried. By consent agenda, Mr. Neil moved for acceptance of the Dover Human Relations Commission 2019 Annual Report (Exhibit #1). The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote. Discussion - Intake Form Mr. Gaddis referenced a previous Intake Form used by the Dover Human Relations Commission. He stated he has some difficulty with a couple of aspects of the intake form. He noted that an intake form sounds like a complaint form and would like to turn it into more of a contact form that organizations can use to make themselves aware to the Commission and so that the Commission can make themselves aware to others. He suggested a statement go in there rather than just the complaint that they might submit. He noted they have the Interfaith Mission and many others that he is not totally aware of, but would like to find out who they are. Mrs. Herbert asked for clarification if the form would be an information form for the Commission to gather information about who is out in the community as opposed to someone who has a concern filling out the intake form. Responding, Mr. Gaddis stated they could change some of the wording in it so that it could act in two ways, if it is a complaint or they would like to make themselves known to the Commission unless members split it into two separate forms. Mrs. Herbert stated having to come into City Hall to get the form was a barrier. She asked if it would be possible for them to make a form that they could provide to service organizations for distribution to those in need, such as at a homeless shelter. She noted that she wants to make this available in the community, but only at places that actually serve the community. Mrs. Herbert felt that having people come in and explain what they do and what resources they have is invaluable. She advised that she did not know if the complaint form and the contact form can be the same because they have two different purposes. Mr. Gaddis, referring to the second page of the intake form, stated he would like to reverse the way that it is set up by having the Commission get the form first and then turning it over to the City Clerk’s Office. He noted that if they are to be a human relations commission, and if it is a human relations concern, they should get it first and then they can submit it to the City Clerk’s Office and whomever they need to submit it to. Referencing the Fraizer’s situation, Mr. Gaddis stated that if they had been told that it happened and had been given the information, it could have been

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 3 directed right away to the State because it was a State issue. He stated by turning it over to the City Clerk’s Office first for practical intents and purposes, they could be left out and were left out of the entire process, so he would like to see that reversed right off the bat. Mr. Rocha stated that the intake form going to the City Clerk’s Office makes it an official submission, but they just need to make necessary provisions that the next step is to go to members as opposed to the Mayor or City Council, so they get a chance to review it first and make necessary recommendations. Mr. Rocha stated he was not sure of the language in the City’s code or whatever specifies, but that more than likely it should happen that way and they just have to enforce that or make a recommendation that it does. Mr. Gaddis stated they need to double check the code in that particular regard, because it is called the City of Dover Human Relations Commission intake form, not necessarily the City of Dover. Mr. Rocha asked what the process was if something like this was to come into the City Clerk's Office, especially if it is placed under this form. He noted he believed those individuals who were concerned about Fraizer’s did submit a letter or email. Responding, Mr. Gaddis confirmed that letters were submitted because there was not an intake form. He noted that if the letters had not been emailed to DHRC members, they would not have known about the situation. Mr. Gaddis advised that they received the letters after action had been taken and that he was not disputing that the action worked and that it was proper, but they forgot that the Commission existed and it is time that the members make sure that they know they exist. Ms. Mullen asked how to prevent this from happening again. Ms. Mullen expressed concern that they were a commission with no power to do anything and that there is a disconnect between the City of Dover and the DHRC. She suggested that before they can move forward with a form, they have to be clear about how the two connect and communicate so that they do not feel like they are left out or looked over. Mr. Fleming noted the way the intake form is set up is good and that complaints and concerns should originate at the City Clerk's Office and to have the City Clerk’s Office start this form and then this tells what the timeline was and what they did to inform the Commission. He stated the City Clerk’s Office receives the form, they mail it, and they put it on the DHRC agenda for the next meeting. He stated he did not see anything wrong with this and they may need a separate document to do some of the things that Mrs. Herbert would like, but for a complaint, it was good. Mrs. Herbert asked if members thought having to walk into City Hall was a problem at all when someone is going to seek or using other services in the community, which includes Department of Social Services (DSS) and health and human services, where they have social workers that could help them fill out the form. She stated it was a drawback. Responding, Mr. Fleming said he did not think so, noting that if someone had a complaint and they wanted to move forward with it, then this would be an

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 4 avenue to get it to the Commission, otherwise, how will they know that there is a complaint that someone is seeking remedy for. Mrs. Herbert stated often when people come in to request services, they will mention something that members would determine is a complaint and they might feel more comfortable. She noted that she was not sure that people were going to feel comfortable walking in and saying they have a complaint or whether the City will have someone trained to take complaints. Mr. Gaddis stated that he would like to get permission to put the forms in different places. Mrs. Herbert stated that DSS and health services are places that people can go and get a chance to sit and talk with someone about an issue. She noted that in her work she has found that when someone was sitting in a private office with someone that they trusted, they tended more to express themselves. Mrs. Herbert stated that she is not opposed to people coming into City Hall, just that they need other options also. Responding to Ms. Mullen, Mr. Gaddis stated that the library sounds like a good, neutral place to have the form available. He advised that the first thing they have to do is make sure that people are aware that there is a Dover Human Relations Commission (DHRC) and that these forms are available. Mrs. Herbert stated that she and Ms. Mullen made a list of some of the types of organizations that could present their information to the Commission so members would know where to put the intake forms and provide them with copies. She noted that somebody may come into the library and say that they would like to have the forms, noting that she was sure the library has someone there that could accept the form and see that it got to the City. Ms. Mullen suggested letting the public know that there is an intake form using Dover TV. Mr. Rocha advised that Ms. Anne Smith, President of the Central Delaware branch of the National Association for the Advancement of Colored People (NAACP), would like to come and speak with the DHRC maybe at the next meeting in March and be placed on the agenda. Referring to the first page of the intake form, Mr. Fleming suggested adding a box for an email address. Mr. Gaddis stated that they could probably take out the fax and make that box big enough to put an email address in. Mr. Gaddis stated that Mr. Rocha emailed him a link of forms from the City of Philadelphia. Responding to Mr. Gaddis, Mr. Rocha stated that he converted the forms into Word documents so that members could make changes. Mr. Rocha noted it was extensive and thorough, but they probably would not need all the information they were asking for. Mr. Rocha noted that the City of Philadelphia had two forms,

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 5 one was for the general public and the other one was for city employees. He noted members might want to think about that as well. Mr. Gaddis stated he wanted to continue this discussion at the next meeting, once members have the rest of the information and have time to think about it. Mr. Rocha advised that he would not be at the next Dover Human Relations Commission (DHRC) meetings due to teaching a class in March and April. Mr. Rocha moved to continue the discussion of the intake form until they have a chance to look at the City of Philadelphia's current form and see how they may be able to modify it for their use. The motion was seconded by Ms. Mullen and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Commission’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Proposed Revisions to DHRC Brochure - Mission Statement Mr. Gaddis stated it would be nice to have a full Commission for input on the DHRC Brochure - Mission stated and to be able to put all of the members’ names on the new brochure. Mrs. Herbert moved to table the proposed revisions to the DHRC Brochure - Mission Statement. The motion was approved by unanimous consent. Council Action on Strategic Plan 2020-2023 Mrs. Herbert stated the DHRC Strategic Plan 2020-2023 was presented to City Council during their regular meeting of February 10, 2020 and was approved under the consent agenda. Mr. Gaddis stated for future reference, he would like to add to every agenda any new business, announcements, or thoughts. He asked if any members had any thoughts they wish to share. Mr. Rocha noted that Ms. Paige and himself are becoming active with the NAACP and they are starting to think that there may be an opportunity for the DHRC to work together which is probably going to start when Ms. Anne Smith, President of NAACP, comes and addresses the Commission next month, if they add it to the agenda. He stated he is looking forward to the beginnings of fulfilling what they had established in their strategic plan. Mrs. Herbert stated she thought they had discussed, maybe a year a half ago, trying to have a community day or some kind of activity sponsored by the DHRC. She noted Ms. Paige was very interested.

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 6 Mr. Fleming moved for adjournment, seconded by Mr. Rocha and unanimously carried. Meeting adjourned at 6:26 p.m. By consent agenda, Mr. Neil moved for acceptance of the Dover Human Relations Commission Report, seconded by Mr. Slavin and carried by a unanimous roll call vote. COUNCIL COMMITTEE OF THE WHOLE REPORT - JANUARY 26, 2020 The Council Committee of the Whole met on February 25, 2020 at 6:00 p.m. with Council President Hare presiding. Members of Council present were Mr. Sudler, Mr. Neil, Mr. Slavin (departed at 7:25 p.m.), Mr. Polce, and Mr. Lindell. Mr. Anderson, Mr. Cole, and Mr. Taylor were absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mrs. Doyle (Utility), and Mr. Contant (arrived at 6:14 p.m.)(Legislative, Finance, and Administration). Mr. Shevock (Legislative, Finance, and Administration) was absent. UTILITY COMMITTEE The Utility Committee met with Council President Hare presiding in the absence of Chairman Cole. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Slavin and unanimously carried. Request for Additional Well Locations -Dover International Speedway: Firefly Music Festival – Lot 18 Shower Building at 1229 Persimmon Tree Lane/Adoption of Resolution No. 2020-02 Mrs. Donna Mitchell, City Manager, reviewed the background information regarding the Request for Additional Well Locations - Dover International Speedway: Firefly Music Festival – Lot 18 Shower Building at 1229 Persimmon Tree Lane and Resolution No. 2020-02. Staff recommended approval of up to three (3) new wells on Lot 18, property of Dover International Speedway. Should the request for additional wells be approved by Council, it is recommended that the depth of the wells not exceed 150 feet to avoid any potential interference with the City's existing water supply wells associated with greater depths. Mr. Neil moved to recommend approval of staff’s recommendation, seconded by Mr. Slavin. Responding to Mr. Richard Kepfer, 13 Stewart Court, Mrs. Mitchell stated that Dover Downs would not be charged a fee for drawing water from the wells; however, they will be required to get permits from the State and their will be a City sewer

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 7 charged based on the well usage. She noted each of the wells will be metered to determine the usage. Mr. Neil called the question, seconded by Mr. Slavin and unanimously carried. Mr. Neil moved to recommend approval of staff’s recommendation, seconded by Mr. Slavin and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation and adoption of Resolution No. 2020-02. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote. Annexation Requests Mr. Dave Hugg, Director of Planning and Community Development, reviewed the background information for the annexation requests for 1448 North Little Creek Road, owned by Holly L. Mayer and 1385-1389 McKee Road, owned by MEB Properties, LLC and Christopher Custis. The equitable owner is Louis J. Capano, III. Staff recommended forwarding these items for consideration of the Planning Commission on March 16, 2020 and a public hearing before Council on April 13, 2020 for the annexation with the zoning. Mr. Neil moved to recommend approval of staff’s recommendation. Responding to Mr. Richard Kepfer’s concerns (13 Stewart Court), Mr. Hugg advised that traffic questions would be addressed by the Planning Commission and through the site design. He noted that McKee and Scarborough Roads were State maintained and, as a minimum, they will probably need to do a full scale traffic analysis. Mr. Neil asked if the project could go forward without annexing the property. Responding, Mr. Hugg advised that it could go forward in the County under the County Subdivision rules and regulations and still have an impact on the City without the benefit of utilities, taxes and other charges and without the benefit of the City having control over the design and layout of the project. Annexation Request - 1448 North Little Creek Road, Owned by Holly L. Mayer Mr. Neil moved to recommend approval of Staff's recommendation, seconded by Mr. Slavin and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Annexation Request - 1385-1389 McKee Road, Owned by MEB Properties, LLC and Christopher Custis. The equitable Owner is Louis J. Capano, III. Mr. Slavin moved to recommend approval of Staff's recommendation, seconded by Mr. Neil and unanimously carried.

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 8 By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Mr. Neil moved for adjournment of the Utility Committee meeting, seconded by Mr. Sudler and unanimously carried. Meeting adjourned at 6:09 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Slavin and unanimously carried. Temporary Employee Assistance with Special Enterprise Resource Planning (ERP) System Projects, As Assigned Mr. Lori Peddicord, Controller/Treasurer, reviewed the Committee Action Form regarding the Temporary Employee Assistance with Special Enterprise Resource Planning (ERP) System Projects, as Assigned. Staff recommended authorizing the Controller/Treasurer to maintain temporary staffing to assist with special projects and assist with the ERP implementation project. Responding to Mr. Neil, Ms. Peddicord stated the request will cover one individual for the remainder of the fiscal year at about $51,000. Responding to Mr. Sudler, Ms. Peddicord explained the timeline and process related to the ERP Implementation Project. She noted that she did not anticipate another special project for at least 20-25 years. Mr. Sudler recommended that Ms. Peddicord speak with Mr. Polce to see if there are any new and creative innovations that are coming down the line that the City would be able to utilize in the future. Responding to Mr. Polce, Ms. Peddicord stated that she had not received a date from Tyler Munis regarding their meeting; however, she plans on having Tyler come within the next month to two at most before they get into the next budget session. Mr. Polce asked if the goal was for one person to act as project manager for the entire implementation phase. Responding, Ms. Peddicord stated that she hopes to have one individual jump from special project to special project. She advised that gathering the conversion data will not be necessary in future phases. Ms. Peddicord stated that this individual is helping with things that do not already exist. She advised that she has

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 9 research done on the lodging tax and the stormwater is going to need to be built into the new system. Ms. Peddicord stated that the person has experience with utility billing and electric rates and they are willing to do whatever is needed. Responding to Mr. Contant, Ms. Peddicord advised that the person she had in mind for this position has been working with them temporarily and they are willing to stay on. She did not believe they could be a contractor. Responding to Mr. Sudler, Ms. Peddicord stated she would like to keep the job opportunity in-house. She noted that the individual that they currently have on staff is looking for a full-time position in a different environment. Mr. Neil moved to recommend approval of staff’s recommendation, seconded by Mr. Contant. Responding to Mr. Slavin, Mrs. Mitchell stated this item was brought to Council because it is actually adding a temporary position. She stated that Ms. Peddicord filled her two accountant positions and this is an additional position, so they wanted to make sure Council was aware of what they were doing. Mr. Sudler expressed his concerns regarding the hiring process, noting that he wants to make sure that everyone is given the opportunity to compete for the job opportunity, especially due to the fact that they just had a diversity inclusion assessment report that stated that they had some areas that they needed to strengthen in that prospect. Mr. Neil called the question, seconded by Mr. Slavin and unanimously carried. Mr. Neil moved to recommend approval of Staff's recommendation to authorize the Controller/Treasurer to maintain temporary staffing to assist with special projects and assist with the ERP implementation project, seconded by Mr. Contant and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Evaluation of Requests for Proposals - A Study of Classification, Compensation, and Benefit System and Pay for Performance Option Mr. Matt Harline, Assistant City Manager, reviewed the background and analysis regarding the Evaluation of Requests for Proposals for a Study of Classification, Compensation, and Benefit System and Pay for Performance Option. Staff recommended the following: 1. Authorize the City Manager to negotiate and sign an agreement with Segal Waters Consulting of Washington D.C. for Part 1 of the study - Classification, Compensation, and Benefit System; and 2. Authorize the City Manager to negotiate language to add Part 2 of the study– Pay for Performance;

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 10 and contingent upon the approval of the Proposed FY 2020-2021 Annual Budget, complete the optional study in FY21. Responding to Mr. Slavin, Mr. Harline stated that the scope of the RFP’s did not include a study of compensation of elected officials. Responding to Mr. Sudler, Mrs. Mitchell stated the driving force was that they do raises every year, Council approves a percentage increase for non-bargaining and everybody gets the same percentage no matter what their performance is and she is a true believer in pay-for-performance and the raise should be based on performance, not just a straight percentage across the board for everybody. Responding to Mr. Slavin, Mr. Harline stated that there are about 56 non-bargaining employees. Mr. Slavin noted as a reminder to Council and Committee members that, while all the other employees of the City are represented by bargaining units that do this bidding for them, they have 60-plus or minus employees who do not have that unified voice. The caveat to this is that regardless of the plan that they put in place for what the range of pay-for-performance compensation may be in any given year, it still remains Council's discretion to appropriate the funding to support those raises. He cautioned Council members that he thought the last time they went into pay-for-performance, they got into a "tail wagging the dog" system where the pay-for-performance system was dictating to Council how much money had to be loaded in the budget to meet those raises. Mr. Slavin stated there could be some balancing that takes place and that it will likely be addressed because Mrs. Mitchell was here during that time period. Mr. Sudler asked why there was not any discussion in regards to the elected officials, whether it is pay-for-performance or just an increase. Mr. Sudler stated that some time ago they were looking at possibly a pay increase, but never heard anything about that two or three years later. Responding to Mr. Sudler, Mr. Slavin stated that he does not think it was appropriate for this scope of services. Mr. Slavin noted that Council had a Compensation Commission structure and it did not work and so a few months back they abolished that system, and now it is left to the discretion of Council to determine what their salaries will be. Mr. Slavin noted that he has been on Council for 16 years and receives the same pay now as he did 16 years ago. He advised that it was not a complaint and stated that he does not do it for the money. Mr. Harline stated that they could ask the Delaware League of Local Governments (DLLG) to get comparable information, but no two cities are alike. He noted that these are positions where they can compare job criteria and professional requirements. Mr. Harline advised that it is harder to compare elected official to elected official.

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 11 Mr. Neil stated that they had a study that was made or requested for Council to say how many hours do they put in for doing their job and he filled that out. He noted that he figured out it was about 25 cents an hour, but he does not do it for the money. Mr. Neil wondered what happened to that study that was done, or those papers that they filled out. Mr. Slavin stated that if Council wanted to pursue this conversation about their compensation, he would also include the Mayor's compensation, which is an issue that should be addressed fully, possibly at the Council Workshop. Mayor Christiansen advised that when he was first elected to Council, they made $10.00 a meeting. He also thought that, as Mr. Slavin mentioned, there used to be a clause that had something to do with the cost-of-living index or something that went across the board. Mr. Sudler stated that, as a City Councilman, he spends quite a bit of time addressing his constituents' concerns, holding meetings, and going out to sites to review situations in his and other districts. He noted that times have changed and the demand for representation and accountability is higher with the current challenges in their communities. Mr. Sudler stated that he would welcome some data from other municipalities, whether it be by population or by the challenges that they are faced with, if the City Manager would be amenable to that. Mr. Slavin asked that if they want to have that conversation that they firewall Staff from collecting the data for Council, that way it cannot be looked upon as them exerting pressure on Staff to prove a number up or down. Mr. Harline stated this study was on the professional non-bargaining Staff and a few other positions which they have had trouble filling. Mr. Lindell stated that this study would be moving in the right direction and he agreed with what had been said. He noted that he is not as concerned with his compensation as he is with the 56 non-bargaining workers who are hard-working and have no negotiating background, nor the power of a union behind them. Mr. Lindell, noting that they were having trouble filling positions, thought that compensation could help with retaining good people. Mr. Contant noted that he agrees with Staff’s recommendation and is in favor of pay-for-performance and proving their value and tying increases to merit. He stated that a lot of people assume that government employees, no matter what they do, whether they do well or not, they are still going to get the same amount and are still going to get base raises. Mr. Contant noted that this will show some accountability to the citizens who are paying taxes that people’s raises are being tied to their performance, but at the same time the City is lacking in compensating and trying to be competitive especially when you face the State of Delaware. Mr. Lindell stated that moving forward they should not put themselves in a position where their policies are dictating what they do. He noted they should have the

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 12 courage to make those decisions as they come up when it comes to looking at those particular issues. Mr. Sudler asked if the recommendations from the Diversity and Inclusion Report and Assessment were included in the pay-for-performance and if they were looking at some of the workers and employees that have had concerns moving forward in their ownership of the assessment, challenges, and weaknesses that they have to strengthen. Responding, Mr. Harline stated that, as a part of the RFP, they made it clear that the successful consultant would be required to review the recent Diversity and Inclusion study and consider that in the way they set up the compensation package. He noted that they are trying to incorporate that and they are looking at that specifically. Mr. Sudler stated that it is going to play a huge part in not just obtaining employees, but also retention rate, keeping employees happy, not just about performance but also opportunities for all across the board to achieve a higher position in the workplace separate from performance. Mr. Neil moved to recommend acceptance of Staff’s recommendation to: 1. Authorize the City Manager to negotiate and sign an agreement with Segal Waters Consulting of Washington D.C. for Part 1 of the study - Classification, Compensation, and Benefit System; and 2. Authorize the City Manager to negotiate language to add Part 2 of the study– Pay for Performance; and contingent upon the approval of the Proposed FY 2020-2021 Annual Budget, complete the optional study in FY21. The motion was seconded by Mr. Polce and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Proposed Ordinance #2020-05 Amending Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses and Article X - Rental Dwellings Mr. Dave Hugg, Director of Planning and Community Development, reviewed Proposed Ordinance #2020-05 which amends Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses and Article X - Rental Dwellings. Mr. Hugg advised that the amendment adds language to minimize public safety risks, noise, trash, and parking problems often associated with short-term rentals and to ensure that traditional neighborhoods are not turned into tourist areas to the detriment of long-term residents. Additionally, the amendment strikes the Safe Communities provision which was well intended but in actual practice turned out to be non-enforceable. Mr. Hugg explained that the Safe Communities ordinance provided a mechanism for the Police and Code Enforcement to work together to move for eviction if there had been three or more criminal activities at a particular property. He noted that

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 13 sometime in 2016 a decision made by possibly his predecessor and others not to enforce that ordinance, particularly the provisions that required an addendum to the lease. He advised that the Police Chief recently chose to exercise the ordinance on a property downtown, and they realized as they got into it that there was no signed lease addendum and therefore they could not actually enforce it in that case. Mr. Hugg advised that they did some legal research and talked to Mr. Nicholas Rodriguez, City Solicitor, who advised them that there were a couple of serious problems with the ordinance. After reviewing the issues with the ordinance, Mr. Hugg stated that the recommendation from City Solicitor Rodriguez was to strike the provision in its entirety and then, if they wished, to revisit the notion of criminal activity in dwellings as a condition of continued rental as a separate discussion. He noted it removes what would have been Division 3 of Chapter 22 and eliminates that unenforceable set of provisions. Staff recommended adoption of proposed Ordinance #2020-05. Mr. Hare advised that the ordinance is changing the definition of a short-term rental to 30 days and it allows a short-term rental in a proper zone. He noted that if someone wants to rent for 30 days, and then have another renter come in for 30 days, they will need another inspection. Mr. Hare stated that it would prevent renting for multiple days to different people in a residential neighborhood, zoned strictly residential. Responding to Mr. Sudler’s concerns about the ordinance possibly conflicting with §5106 of the Landlord-Tenant code, Mr. Hugg stated that it was an issue and that this language was drafted by Mr. Rodriguez, particularly for that reason. He advised that they define short-term rental, not the length of the lease itself. Mr. Hugg stated they do not think they have that problem, but he would ask Mr. Rodriguez. Mr. Hare stated that it could be an issue even if it is a one-year lease. Mr. Hugg noted that it is a very difficult area to regulate, so they are trying to define short-term leases or short-term rentals as the basis for responding to complaints. He advised that he does not have the manpower to do that proactively, but at least it gives some greater enforcement authority. Mr. Slavin noted that they have a quality of life issue with potentially negative effects and they have to protect that quality of life. Mr. Slavin requested Staff to develop options for the replacement of the Safe Communities ordinance that respect the original intent, which was the quality of life in neighborhoods. Mr. Slavin asked if they have vetted the ordinance out in the community with the Chamber of Commerce, hotels, and with some of the neighborhood groups that are having an issue with it and if staff has received any responses. He noted that Kent County Tourism was very surprised that in certain parts of the United States the hotel industry is actually embracing airbnbs because it creates a larger carrying capacity in the community for beds and therefore attracts larger meetings, conventions and events to the community than just what hotels will allow. Responding to Mr. Slavin,

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 14 Mr. Hugg stated that they have not done any vetting of this before bringing it forward, other than the neighborhood in which the issue has become a recurring concern. Mr. Hare advised he was at the Chamber’s Legislative Affairs Committee meeting and this was discussed. He stated Ms. Diogo brought it up and Mr. Hare told her the same information he told Committee that if this ordinance did not change, a person would still have to have a permit to rent their house for Firefly or NASCAR. Mr. Slavin advised that he is thinks they are on the road to something that can be beneficial for all parties. He noted he is fearful because they are creating an ordinance that, because it is unenforceable, will push the activity underground. He also echoed Mr. Polce’s concerns that if they are going to align themselves with a new economy and a new way people are doing business, they should be a little bit more flexible in finding a way because their ordinances are lagging behind an economy that is going to move without them anyhow. Mr. Contant asked for clarification that they are looking at defining what short-term rentals are and they are going to disallow people to rent their homes through like Vacation Rentals by Owners (Vrbo) or airbnb. Responding, Mr. Hare stated if it is not zoned property. Mr. Contant advised that the ordinance is not detailed enough. He noted that the idea that someone with their home that they owned would rent it out, does not bother him, now if they lease that home, they are going to sublet it, that is an issue for them to work out with their landlord. He stated that the ordinance needs to go back and needs more detail and how a short-term rental may work and does not agree with the restricting or asking people to have their home, their specific parcel, rezoned in order to rent it out for a couple of big events a year. He noted that this needs to go back and be reworked and for the “Safe Communities,” section, that should probably be a second line item brought to the Committee and then to Council. That way that issue can be dealt with separately because obviously this is a lot bigger. Mr. Contant advised that in the Village of Westover, they looked into trying to use this to get someone evicted. They were threatening neighbors, stalking people, damaging property and one of the biggest issues they ran into was when they tried to look into doing this as an Homeowners Association (HOA), is that nine times out of ten, when Dover Police Department (DPD) comes out, they do not want to do paperwork and if there is no paperwork, they cannot actually invoke this clause whether it was constitutional or legal or violates any other parts of the code. He stated they could not actually use it because there was no paperwork done by DPD, which sets in motion any type of mechanism to get someone evicted for what they are doing to their neighbors. He agreed that if that portion is going to be repealed, they need put something in place that can actually work first and that they have to get DPD on board because if they are going to be the first line to making sure this paperwork to back up the claims that are being made against the tenant, they have to be willing to do it.

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 15 Mr. Neil stated the purpose of this is positive in that they are setting up certain standards and they have to go back and take a look at what those standards are. He noted if there is a fee involved, if the fee compensates for the time that becomes very positive. He stated when they talk about an act where they have a consistent problem that they are saying now they cannot use it, it is unconstitutional. Mr. Neil advised they also needed to work on harassment of panhandling and that they needed to have a bill in place to allow them to enforce something like that. Mr. Lindell agreed with Mr. Slavin and noted that there is a way forward that they can best meet these things. He stated they have gotten into trouble before where they have the best intentions in mind, but they do not necessarily go through the processing and getting the input that they need to create an ordinance that works for most people and one that they can actually enforce. He expressed concerns regarding eliminating the section regarding “Safe Communities.” Mr. Lindell stated that as a homeowner they are investing in the community. He also referenced an Air Force veteran who was a victim of the neighbor in the Village of Westover and stated they owe it to people like her to create an ordinance that actually can be enforced and to help those individuals when they do have issues with problem neighbors. Mr. Richard Kepfer, 13 Stewart Court Dover, Delaware expressed his concerns regarding the ordinance and a situation regarding a neighbor. Mr. Kepfer stated there has been a problem since November and the City cannot seem to move forward without updating a new ordinance cause there is no definition of short-term rental. He stated he does not believe that an airbnb should be there. Mr. Kepfer noted that every time the home is rented out the City is not getting any taxes from that room or other benefits. He stated that the neighborhood has suffered and that back in November, there was a party there and was told that the person had to fix it and it was $7,000 worth of damage to the house. Mr. Kepfer noted that is the character people that are coming into that house and it needs to be stopped. For a bed and breakfast the home has to get rezoned, he asked why it does not for airbnb. Mr. Kepfer stated there was no difference between a bnb and an airbnb. He noted when the neighbor finally did get the home inspected, it failed inspection the first time because it was not up to current standards. Mr. Kepfer stated a lot of people do not realize the moment they put a piece of property out for rental, it must meet current code, not the code when the house was built and a lot of these properties do not meet code, so they are endangering people that are in that house. He stated he just wants the ordinance changed and the ordinance enforced. Responding to Mr. Polce, Mr. Kepfer stated if the ordinance was to pass the change would be that the person could not rent the house out more than once in a 30-day period. Mr. Polce stated but they did not have a permit to begin with so they were operating illegally to begin with. Mr. Kepfer agreed and stated it was another concern that if the City knew, they never went in and shut it down. Mr. Polce stated this conversation was very warranted and they needed to have it, but the ordinance does not have teeth to actually be enforced and moreover there would

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 16 not be any repercussions to begin with. Responding, Mr. Kepfer stated the repercussion under the ordinance would be if they did not follow the ordinance, do not have a permit, the City has the right to shut off all utilities to the property. Mr. Polce stated the ordinance that is drafted will not be enforceable because they do not have the capacity to go out and look and evaluate on a monthly basis, which essentially is what it would be. Mr. Kepfer stated it would be a complaint driven process. He noted he rented his out for almost 10 years and never rented for less than one year because he did not want people in that house for less than that. He stated he had a renter live there for six years and through his property manager, he spent over $4,000 making repairs to the house because they did not tell him and the property manager did not do proper inspections and he understood that part. He noted he understands that something needs to be done about people creating airbnbs and that it should be inspected, have a license, and pay hotel tax. Mr. Sudler stated what about the elements of people that are law abiding that are desirable and a lot of times when they take a look at one or two bad apples, they generalize the whole bunch. He suggested they come up with some statistical data in regard to the probability of something like that occurring. He noted that a lot of times when there are few individuals who have not been law abiding or undesirable residents or tenants, that the ones who have been desirable have caught a bad reputation, so he does not really think that they should generalize a whole population of prospect new clients based off of one or two bad apples, especially without any statistical data. Responding to Mr. Hare, Mr. Polce stated they have zoning in the City because zoning, historically, has been brought forth because of the need for greater urban development and ultimately when they look at the zones that they have on their books, he would argue that half of them do not need to be there because ultimately they need to be looking at how community standards are created and defined in a different way than they have over the past 150 to 200 years. Mr. Polce noted in his neighborhood is zoned residential and they have small businesses being operated out of the neighborhood and they have short term rentals in the area and that is fine. He noted it does not impact the valuation of his home. Mr. Polce stated they have to be realistic that short-term rentals are a reality, it is a new market to the economy and ultimately one bad apple and they change every policy and that is not the way the world works and frankly, that is not how public policy works, because they have seen that kind of reactionary type of public policy over the past 20 years and it ended creating nothing but greater bureaucratic gridlock. Mr. Polce stated they should revise the current draft and use it as a framework. He noted they should call the National League of Cities (NLC) to see what other jurisdictions are engaged in and they can come together with the solution to the City while not hurting a new emergent sector of the economy. Mr. Ricky Pryor stated his mother lives in 20 Stewart Court and expressed concerns with neighbors. He stated he agrees if someone owns a home and wants to rent it for race weekend or one weekend, that is fine. Mr. Pryor stated his mother has been

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 17 living a nightmare since October, because a neighbor has had different people every night of the week. He stated during Thanksgiving there were over 20 people there and there is no accountability, nobody is being responsible. He stated his mother has lived in her home since 1966 and that they should have some respect for the residents that have lived in a property forever and then being put through this nightmare. Mr. Pryor noted they have trash and raccoon issues. Responding, Mr. Polce stated Mr. Pryor’s mother’s situation is horrible and wants to find a solution, unfortunately does not see how this ordinance is that answer. He noted he is dedicated to finding a solution that both is helpful to Mr. Pryor’s mother's situation while not hindering further economic development. Mr. Polce also stated the majority of the folks who are doing airbnbs and doing short-term rentals are not bad actors. Responding to Mr. Sudler, Mr. Pryor stated code enforcement has been called out many times and that he lives in the City of Dover. Mr. Sudler suggested getting contact information from Mr. Dave Hugg, Director of Planning and Community Enhancement, and have code enforcement come out, review and document some of his concerns. Responding to Mr. Sudler, Mr. Hare stated yes, there were times that warrant for police to be present. Mr. Hare noted three weeks in a row there was an issue because there would be five or six cars parked in the court in front of the house and they would never move and Mr. Hare received calls. He noted he went out at 3:30 a.m. on Fridays, calling the police to come and issue tickets to those cars because the street cleaner could not get through there. Responding to Mr. Sudler, Mr. Hare stated three weeks in a row, police showed up and wrote tickets for all those cars, but now the complaint is on Thursday night, all those cars are parking up in the neighborhood, in front of people's houses, congesting everything up there. He noted they are not parked in the court. Responding to Mr. Hare, Mr. Hugg stated he thinks that yes, if they do not own a property, they can sublet a property they do not own, unless they are prohibited by their master lease, there are provisions. He noted that he does not know how many active code cases they have on this particular property, but his code officer has been out there repeatedly at night and other times, but it is a regular stop on kind of the code circuit and sometimes they have code violations, sometimes they are not. A lot of times there are police related violations because if that is what Mr. Hare said, if it is cars parked in the street blocking the trash truck or parked on paved surfaces, it is their problem, if they are parked in the grass, it is Mr. Hugg’s problem. Mr. Sudler stated it sounds like there needs to be a stronger partnership between code enforcement and Dover Police Department in regards to this matter. Maybe it needs tougher ordinances that combine both agencies together. Mr. Hare stated the other thing they could consider is if they are going to leave the ordinance the way it is, maybe if someone is going to have a short-term rental, they get a one annual inspection and then get a $25.00 permit and then if they are going

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 18 to rent it the next month, they get a permit for $25.00 for that rental, it is just like an airbnb. They get a permit every time they rent the property, it is an option. Mayor Christiansen stated they have gone out there to ad nauseam and wrote tickets. He suggested one solution might be that the residents of the neighborhood should have parking permits and if those other folks do not have parking permits to park on the street, then their fines be increased and maybe they would get the message. He noted they certainly do not want anyone to ever feel unwelcome, but they certainly do not want them to be a nuisance in somebody's neighborhood. Mayor Christiansen stated he thinks that would be a solution, but wants to assure everyone that Mr. Hare has called the police and the police do a regular patrol out there to write tickets for these folks as do the code inspectors as well. Mr. Hare noted if they do not want to change anything, then maybe an airbnb should be fall in the same category as a bed and breakfast. He stated if someone is going to have an airbnb or a bed and breakfast, to be the same thing, so they meet all of the same requirements, that takes away the short-term rental. It just makes it an actual lodging house and a bed and breakfast. Mr. Hugg noted those are requirements for bnbs that are authorized, also requirement for a legal bnb, the owner or an owner's agent must live on the property, so it is a much stricter standard for a bnb and they are only in a couple of zones. Mr. Hugg noted that on his desk he has a folder of examples of how other jurisdictions have attempted to deal with this problem and it is an extremely complicated one. It gets tied up in lodging tax and in reporting. He advised that there is a federal IRS requirement that if it is 14 days or less, they treat it one way for taxes, so there are a lot of ramifications to the problem. Stewart Court is clearly the one that has brought this issue to the forefront in Dover, but it is not the only complaint that they have gotten about the possibility of folks using their properties for airbnb, so it has been on occasion. He stated by the time they have gotten the code complaint, there is no evidence that it was being used that way. Mr. Hugg stated to some degree bringing this ordinance forward tonight was to get this discussion to occur because in the absence of some solution, his code enforcement officers and the police officers basically react when the crisis reaches the point that it shows up on one of Council’s desks and his desk. Most airbnbs are set up in such a way that people could individually lock the bedrooms. The City’s fire code does not allow people to have locks on the outside of the individual bedroom, so there are a lot of ramifications here. Mr. Hugg noted that with Mr. Hare, they believe that leasing is a step in the right direction. Mr. Contant stated the ordinance just needs to be revised and he does not have an issue with defining short-term and if they want to expand the definition of bed and breakfast or include that under another term that they make up that would address bed and breakfast, airbnbs, or Vrbos or the like, he does not have a problem with that, but the few changes that are made in this ordinance do not explicitly define various

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 19 circumstances under which a homeowner may find themselves trying to rent out a room or rent out their house for a short period of time. Mr. Contant stated they should certainly take this back, look at what some of the other jurisdictions are doing. He noted they are not Dewey Beach, however, Dewey Beach may or may not have ordinances related to these short-term rentals. Mr. Hugg stated they have an excellent short-term rental ordinance, but the nature of Dewey Beach’s economy is so much different that it is not applicable for the City of Dover. Mr. Contant noted there may be components of Dewey Beach’s ordinance, that are clearly missing from what they are looking at tonight. He stated it would be good to take this back and try to incorporate some components knowing that while they may not be a destination like the beaches whose economy is built around short term rentals, they do have a couple of large events every year that they know people will rent out for. Mr. Contant noted he wanted to bring up that the companies that organize all this can collect taxes. He stated most people probably do not appropriately report it, but that may be a conversation that the City Solicitor needs to have with the legal department of those of airbnb or Vrbos or there are several other main ones out there, just to make sure that they are aware that the City does have that tax in addition to the State of Delaware having that tax, because that can be collected through their contract and when they make payment and that could be remitted back to the City. Mr. Hugg stated he believed that it is actually voluntary on their part, but knows that the case and noted they need to be careful. Airbnb is a registered trademark of a company, in the industry, these are referred to as short-term rentals, so they want to be sure that in whatever they are doing they are cognizant of the fact that there are a number of companies in the business, one of whom is named Airbnb. Mr. Neil moved that they return this to the staff for reconsideration, which to include not only the economic benefit that they foresee in it, but as well as putting teeth into the law to prevent difficult situations that affect the neighborhoods. Mr. Lindell clarified the motion which is to refer it back to staff to tighten up the loose ends that they discussed this evening. Responding, Mr. Neil stated yes and that everything they have discussed this evening is on the record. He noted the two things primarily that they are looking at, is to recognize that there is an economic factor in there, there should also be some teeth into the law so that if they find a situation as they have heard tonight, that they are able to cut off the individual, to prevent that from happening. Whether they are in a lease, somebody is going to have to be responsible for it. If they cannot, we can close them down, shut them down, put them out of business and the other factor is the safety factor. Mr. Neil stated they should consider if there are fees involved to make sure that the City has paid for those fees, which is another factor that should be considered. Mr. Neil if they do not call them on it, that is okay, but if there is a complaint on it and it is true and if they have not paid then they should be penalized.

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 20 Mr. Neil moved to recommend referring Proposed Ordinance #2020-05 back to staff based on the discussion they have had tonight with their concerns. The motion was seconded by Mr. Contant. Mr. Lindell suggested if Mr. Neil and Mr. Contant would agree to it, they should leave the Safe Communities portion of the ordinance alone for now, even though they know there are flaws in it, to deal with the two big issues first and then they can go back and revisit that and noted they need to deal with them separately. Mr. Neil stated he does not think that is actually necessary because if they are going to look at the safety aspect of it, it is there and they should be able to then take that in consideration of how to adjust, change, keep or whatever. He stated it is inherent in the motion. Mr. Hare stated there should be something in there that says unless the person owns the property or has a signed lease agreement, they cannot rent the property. He stated that needs to be, so they cannot sublet the property, unless they are the owner or have a signed rental or lease agreement. Mr. Sudler requested that a person cannot sublease unless the landlord has authorized it to be included, because if the landlord authorizes them to sublease then they got permission from the landlord. Mr. Neil moved to recommend referring Proposed Ordinance #2020-05 back to Staff based on the discussion they have had tonight with their concerns. The motion was seconded by Mr. Contant and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Mr. Neil moved for adjournment of the Legislative Finance and Administration Committee meeting, seconded by Mr. Hare and unanimously carried. Meeting adjourned at 7:50 p.m. Mr. Neil moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Sudler and unanimously carried. Meeting adjourned at 7:50 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Slavin and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 21 MONTHLY REPORTS - JANUARY 2020 By motion of Mr. Neil, seconded by Mr. Slavin, the following monthly reports were accepted by consent agenda: City Assessor's Report City Council’s Community Enhancement Fund Report City Manager's Report Controller/Treasurer's Budget Report Fire Chief's Report SETTING OF PROPERTY ASSESSMENT APPEALS Staff recommended that the 2020 Property Assessment Appeals be scheduled for May 18, 2020 - May 21, 2020 from 9:00 A.M. until 4:00 P.M., May 26, 2020 - May 29, 2020 from 9:00 A.M. until 4:00 P.M. (if needed), June 01, 2020 - June 04, 2020 from 9:00 A.M. until 4:00 P.M. (if needed), and one evening (if needed). Members were advised that the hearing times are subject to change. Mr. Neil moved for approval of the dates and times recommended by staff for the 2020 Property Assessment Appeals, seconded by Mr. Slavin and unanimously carried. CITY MANAGER'S ANNOUNCEMENTS None. COUNCIL MEMBERS' ANNOUNCEMENTS Council President Hare wished Mr. Polce a happy birthday on March 10th. He also advised that the St. Patrick’s Day parade would be held on Saturday, March 21st. Mr. Anderson extended and invitation to the Hope Commission’s Economic Empowerment presentation at the Parks, Recreation, and Community Enhancement Committee meeting the following evening. He also extended an invitation to the chili cook-off to benefit Code Purple on April 18th. Mr. Sudler welcomed Mr. Anderson and Mr. Taylor back from their trips. Mr. Neil, referring to the Open Forum comments, advised that the Council members are concerned about their issues and are working to resolve them. Mr. Taylor extended an invitation to the Safety Advisory and Transportation Committee meeting on March 24th to further discuss the downtown issues. Mr. Taylor reminded everyone to wash their hands and advised that information could be obtained from the Division of Public Health at 1-866-408-1899. He also encouraged everyone to participate in the census to ensure that federal money is allocated appropriately and advised that information could be obtained at www.2020census.gov.

CITY COUNCIL MEETING OF MARCH 9, 2020 PAGE 22 Mr. Slavin moved for adjournment, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 7:41 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of March 9, 2020 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2020\03-09-2020 REGULAR CITY COUNCIL MINUTES.wpd Exhibits Exhibit #1 - Dover Human Relations Commission 2019 Annual Report

EXHIBIT #1 Regular Council Meeting of 03/09/2020 DOVER HUMAN RELATIONS COMMISSION END OF YEAR REPORT FOR 2019 The DHRC met ten out of the twelve months of 2019. At the January meeting Alan Gaddis acted as Chairman. Also at this meeting, discussions to revise and update the 2015-2018 Strategic Plan were begun. These discussions continued through the meetings of March, April, May, June, July, August, October, November, and December. The February and September meetings were cancelled due to lack of quorum. At the March meeting, Alan Gaddis was elected Chairman. The June meeting was a workshop in the City Hall conference room which resulted in Commissioners pairing up to meet outside to deal with specific sub-sections of the Plan. Each of the six members had input and submitted their thoughts. The balance of the regular meetings involved discussions of each pair’s input, revising, correcting and finally approving each sub-section. The revised Strategic Plain for 2020-2023 was approved on January 16, 2020 for submission to City Council. The Commission has had three vacancies since before the January 2019 meeting. As Chairman, I e-mailed the Councilmen of Districts Two and Four requesting that they nominate potential new Commissioners. As of our latest meeting, these vacancies continue. Respectfully submitted on January 24, 2020 by Alan Gaddis – Chairman

CITY OF DOVER EMERGENCY ORDINANCE #2020-06 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 WHEREAS, the Governor of the State of Delaware, The Honorable John C. Carney, declared a State 4 of Emergency effective Friday, March 13, 2020, at 8:00 a.m. EST pursuant to provisions of Title 20, 5 Ch. 31 of the Delaware Code because of the public health threat from the COVID-19 virus restricting 6 public gatherings and, in particular, directing that public meetings of public bodies may be conducted 7 electronically rather than conducting open meetings to be attended by the public; and 8 WHEREAS, Sec. 9 of the Charter of the City of Dover provides that Council shall meet not less 9 frequently than once per month and it appears that regular meetings of Council cannot currently be 10 held electronically due to the many issues involved and the status of electronic means to allow 11 participation by members of the public; and 12 WHEREAS, it is the decision of Council to cancel all public regular meetings of Council in the 13 future until the State of Emergency is withdrawn and the declaration of the Governor no longer needs 14 to be enforced. 15 THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Dover: 16 1. After the regular meeting of Council to be held on March 23, 2020, which will be held to cover 17 essential issues that must be considered at the meeting, no further regular meetings of Council 18 shall be held until the threat to public health created by the COVID-19 virus has been resolved. 19 2. The authority for canceling future Council Meetings in violation of the Charter requirement is 20 provided in Title 20 of the Delaware Code, Sec. 3127(b ), which states that during a State of 21 Emergency, whenever the restrictions imposed pursuant to this chapter are inconsistent and in 22 conflict with those required by any other statute, local ordinance or regulation, the provisions of 23 the emergency order imposed pursuant to this chapter shall govern. 24 3. Therefore, the directive above referred to by Governor Carney does prevail and supersede Sec. 9 25 of the Charter requiring at least one meeting per month. 26 4. If the emergency provisions issued by Governor Carney are withdrawn, then regular Council 27 meetings will proceed as required by the Charter. 28 5. Passage of this ordinance canceling future regular meetings of Council impacts all of the actions 29 of departments and agencies of the City so that passage of this ordinance shall also apply to all 30 meetings, code requirements and deadlines of all departments and agencies of the City pending 31 resolution of the State of Emergency. Furthermore, the passage of this ordinance provides 32 Council authority to the City Manager to waive policies and procedures for business continuity. 33 ADOPTED: * 34 S:\ORDINANCES\2020\DRAFT\ORDINANCE #2020-06 - EMERGENCY - CANCELLATION OF MEETINGS\ORDINANCE #2020-06 STATE OF EMERGENCY - MEETINGS.wpd 35 SYNOPSIS 36 The Ordinance waives certain Charter, Code, policy and procedure requirements during the 37 COVID-19 virus State of Emergency. 38 Actions History 39 03/23/2020 - Introduction - City Council

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on March 10, 2020 at 6:01 p.m., with Council President Hare presiding. Members of Council present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce (arrived at 6:22 p.m.), Mr. Taylor, and Mr. Lindell. Mr. Slavin was absent. Mayor Christiansen was also present. Civilian members present for and their Committee meetings were Mr. Caldwell and Col. Dix, Retired, (Parks, Recreation, and Community Enhancement), and Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration). Mrs. Doyle (Utility) was absent. UTILITY COMMITTEE The Utility Committee met with Chairman Cole presiding. Adoption of Agenda Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Evaluation of Bids - Puncheon Run Pump Station Improvements Mr. Jason Lyon, Assistant Public Works Director, reviewed the background and analysis regarding the evaluation of bids for the Puncheon Run Pump Station Improvements. Staff recommended awarding the contract to Kuhn Construction Company for the City of Dover Puncheon Run Pump Station Improvement Project, Bid #20-0017PW, for $732,200. Mr. Neil moved to recommend approval of Staff’s recommendation. The motion was seconded by Mr. Anderson and unanimously carried. Mr. Hare moved for adjournment of the Utility Committee meeting, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 6:08 p.m. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Anderson requested the agenda be amended to switch item #2 - Presentation from the Hope Commission and item #3 Review of Active Recreation Area Plans (Request for Cash-in-Lieu) - 1504 and 1506 College Road (Planning Reference #SB-20-01). Mr. Hare moved for adoption of the agenda, as amended, seconded by Mr. Neil and unanimously carried. Report from Silver Lake Commission Ms. Tricia Arndt, Chair, Silver Lake Commission, gave a brief history of her time with the Silver Lake Commission and a report of the Commission.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 10, 2020 PAGE 2 Ms. Arndt stated the Commission acts as an advisory body to formulate recommendations to Council and Staff through the Parks, Recreation, and Community Enhancement Committee. She noted they provide a forum for public involvement, coordination with other government bodies and institutions. They typically meet quarterly to discuss the issues and, as needed, to discuss and review project plans that may have an impact on water quality, or if they are adjacent to the park or near the park. Mrs. Arndt advised another activity that they partake in is funding letters in support of grants that the City seeks for different projects. She stated most recently she provided a support letter for the Outdoor Recreation Parks and Trails grant application. Every year they also organize a park clean up in conjunction with the lake draw down. She noted it is an opportunity for property owners to have a predictability in doing repairs to docks and also to clean up the shoreline. They also assist with community events such as the canoe and kayak activity. Ms. Arndt noted that Commission members are all frequent park users. She stated one woman is in the park every day with her dog and always knows when City of Dover Police do not shut the gate and she will let the Commission know when the gate should be shut in the evening because that is a safety issue. Ms. Arndt noted they consider their role to be that of outreach, as a community liaison, and they are looking forward to assisting the City with the park master plan when they move towards that. Mr. Neil asked how frustrated the people were who Ms. Arndt came into contact with regarding the closure of the park down because of the backup from the County sewer system. Ms. Arndt stated the response by the County, the City and Delaware Department of Natural Resources and Environmental Control (DNREC) was on point. She noted that they have an aging infrastructure and it is an opportunity to call that to light and that they need to focus on it because when they have pipes that are that old, things like that would happen. Ms. Arndt stated another opportunity would be that if Kent County needs to replace sewer line in that area, this would be a chance to either reroute or improve some sidewalk, or add riparian buffer, or get some plantings in. She stated if they are going to dig up the area anyway, then there is an opportunity to put it back better than it was before. Col. Dix noted that there is a problem with feeding the ducks. He stated they are not suppose to feed the ducks bread, but people go to the park with bags of bread. Responding to Col. Dix, Ms. Arndt stated she is personally not doing anything to change people’s habits regarding feeding the ducks bread. She noted an opportunity might be to put up educational signage. Col. Dix stated there are signs by the Countrie Eatery stating not to feed the ducks. He suggested dispensing corn or whatever is good for ducks. Responding to Col. Dix, Ms. Arndt stated she would not feed the ducks at all, because they should be foraging for their own food sources and should not be fed artificially from humans. Col. Dix noted that there are lots of elderly people who enjoy that park, but they just do not seem to want to put park benches in. Responding, Ms. Arndt stated that there may be an opportunity in the future when the Parks, Recreation, and Community Enhancement Committee looks at the master plan for the park. She noted Col. Dix’s request and stated she would anticipate public outreach and input to that process. Responding to Mr. Caldwell, Ms. Arndt stated the safety issues regarding the park are often perception issues. She noted that she has never felt unsafe in the park and frequently goes with her children. She noted that all of the members of the Silver Lake Commission are in the park often at different times of the day, but she does not go at dusk. She stated she also does not enter the park at night because no one should. Ms. Arndt stated it is a matter of taking her own personal responsibility.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 10, 2020 PAGE 3 Mr. Caldwell thanked Ms. Arndt and the Silver Lake Commission for their efforts and the job they are doing with a number of activities that have been initiated including activities in the spring and in the fall for cleanup, keeping track of the water quality, making sure that they are in compliance with State standards as much as possible and giving public input. He noted they are going to be doing a review of commissions and the like for the effectiveness and it is important that the Silver Lake Commission’s work be noted. Review of Active Recreation Area Plans (Request for Cash-in-Lieu) - 1504 and 1506 College Road (Planning Reference #SB-20-01) Mrs. Dawn Melson-Williams reviewed the background information of Active Recreation Area Plans (Request for Cash-in-Lieu) - 1504 and 1506 College Road (Planning Reference #SB-20-01). Staff recommended acceptance of the $4,250 Cash-in-Lieu of Recreation Area Construction donation, as the amount complies with the requirements of the Zoning Ordinance. Responding to Mr. Neil, Mrs. Melson-Williams stated that the applicant had to submit the appraisal. She noted that the zoning ordinance outlines standards for the appraisal, so the cost of the appraisal is burdened on the applicant. She stated the full appraisal document is in the Planning Office, but they identified a couple of key pages out of it for the packet. Mr. Neil stated it is odd when someone is trying to save money, and they have an appraisal. If they are trying to sell it, that appraisal will be high and if they are trying to buy it, it is going to probably be lower or at least neutral. He noted that it all depends upon who is driving that cost and in this case that is low. If they were going to put a lease land community on there, each one of those tiny slivers is going to be very high and they will ask for lot rent at a very high level because of it. Col. Dix asked how did the City end up in the situation of having little parcels of parks. Responding, Mrs. Melson-Williams stated that the zoning ordinance includes requirements for active recreation associated with the development of residential developments. She noted in the past there may have been approaches with subdivisions to identify a small park area within that subdivision to meet those active recreation requirements. There have been some changes over the years to the provisions for active recreation, one of which is this exemption, which either reduces the amount of land that is required, or it sets up and establishes this cash-in-lieu of construction. Mrs. Melson-Williams stated in Staff’s opinion, this make the most sense for small types of developments. She noted in their comprehensive plan they did identify that the recreation area concepts Citywide and the provisions of the code are something that needs additional research and perhaps changes as to how they function. Col. Dix asked if this is not the time to make the changes. He noted it sounds like these little parcel park ideas are out of vogue, and if they are out of vogue, they should change the ordinances and get on with the normal way of doing business. Responding, Mrs. Melson-Williams stated it has certainly been identified as one of the provisions of the zoning ordinance that needs additional research and perhaps updating. She stated given how development activity happens now, it is one of many code provisions that need a lot of research and work to bring forth changes to allow them to work better with development activities. Mayor Christiansen gave a quick overview of how these items came about. He stated with the building boom of the 1960s in the City, it was the comprehensive plan's intention to provide neighborhood parks for individual communities and developments that came about within the City. The developers put land aside

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 10, 2020 PAGE 4 for small pocket parks. He noted early in the 1980s it was determined that due to the maintenance that was required by the City to provide these parks because they became the City’s possession, it made better sense during that building era of the City's continued growth that cash be taken in lieu of providing these pocket parks in the individual areas because the new comprehensive plan featured several large and major parks in the City. Mayor Christiansen stated the dollars that were saved on maintenance went toward the larger issue of the inception of the Dover Park, Williams Park, and eventually Schutte Park as it came into being. Responding to Col. Dix, Mr. Anderson stated they have taken care and currently have a mechanism, but it has been determined by Staff that they can do it better. He noted that will probably be a review in the next year. Responding to Col. Dix, Mayor Christiansen stated it is the best formula and best matrix for recouping money for long-term maintenance of the small parks that still exist, as well as putting money into projects like the revitalization of Dover Park, and the continued development of Schutte Park, and Silver Lake. Mr. Neil moved to recommend acceptance of $4,250 Cash-in-Lieu of Recreation Area Construction donation, as the amount complies with the requirements of the Zoning Ordinance, as recommended by Staff. The motion was seconded by Mr. Hare and unanimously carried. Presentation from the Hope Commission Ms. Tamera Fair, Executive Director, Hope Commission, reviewed a presentation titled, “Dover March City Council Meeting - Wilmington HOPE Commission Overview,” (Attachment #1) and provided a handout titled, “Delaware’s Premiere Re-entry Program,” (Attachment #2). Mr. Sudler thanked Ms. Fair for allowing him to visit their site in Wilmington and noted that he will provide pictures to City Council and the Parks, Recreation, and Community Enhancement Committee of how clean and professional the atmosphere is. Mr. Sudler asked how does the Hope Commission aid the City of Wilmington with mental health, gang prevention methods, loitering, and pan handling. Responding, Ms. Fair stated that they have a behavioral health specialist onsite and each of the individuals that they work with has a one-on-one. She noted one of the courses in the Texas Christian University is the cognitive behavioral intervention, so those are methods that address that aspect. She advised that the other elements are folded into what the Commission does, in the cognitive behavioral intervention, they teach how to make appropriate choices because a lot of times, the individuals that they work with have not had the opportunity to know what is right from wrong. Their methodology of what choices are acceptable in society or not come from those criminogenic risk factors. Regarding panhandling, Ms. Fair stated their workforce development program is skillfully designed to help in that area. Teaching, first of all, the skills of how to obtain a job. They also have pipelines of programs where they have worked with employers who are willing to, once they go through, for example, their enhanced workforce development program, that are willing to give individuals with justice involved backgrounds and opportunity to an interview, and if they do well to actually be employed. Ms. Fair noted say one of her goals is not to provide the individuals in their program with 1099 jobs, but with careers because that is the way that they come back, the high risk behavior that the individuals that they work with.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 10, 2020 PAGE 5 Responding to Mr. Sudler, Ms. Fair stated that the most challenging obstacle that the offenders have to hurdle over during the program and after the program can change for the individuals. She noted one of the hardest things is being ready to make the change. One of the things that they do is they have a program called, "Inreach," where individuals that are in their program are addressed before they leave the prison. They do something called, "getting motivated to change," which is another cognitive behavioral evidence- based practice in order to prepare the individual of what is going to be expected. Ms. Fair stated first they need to see if the person is in the mindset to begin to change. Regarding the hardest barrier, Ms. Fair stated that getting motivated to change, to kind of plant the seed to start the process happens at the Hope Commission, but soon as they come home, they leave that kind of confined environment and now those risk factors, such as the peers that they were hanging out with before. She noted that a lot of them have not actually ever worked a legal job. Ms. Fair stated making sure they are on time for the program can be a barrier. She noted they have two tracks, a day and evening track. Ms. Fair advised that a lot of the individuals that they have in the evening are usually working, so they have a 10-minute grace period to make it to their first evening track class because they can get held up at work. For those in the morning, even though they have individuals that work overnight and may come in, typically because the first class starts at 10:00 a.m., they have to be there on time, otherwise they do not get credit for that class. Therefore, that appears in their report at the reentry court, which is the accountability portion of it. She stated she took a long way around to respond to Mr. Sudler’s question, but wanted to show the things that they are doing, the obstacles that they face because there naturally is that pull of family and peers and the amount of money those individuals were making prior to incarceration, so trying to show different choices and to lower PTSD, which a lot suffer from as a result of that risky behavior, are some of the things that they put in place. Mr. Sudler asked how can the City of Dover implement a Hope program and what would they have to do if that was deemed necessary amongst City Council and what are some of the dynamics. Responding, Ms. Fair advised one of the things would be data collection, which is looking at the individuals that are looking to assist, collecting, and others listed in the presentation. She that one of the next steps that she would look at is actually having a discussion from representatives of Dover with the Board of the Hope Commission because that is an important aspect to see all the work that goes on behind the scenes to get the program together. The other aspect is the type of individual that they would need. She stated peers and case managers are some key elements and having a clinical director to maintain the fidelity of the program. She noted she was looking at it from the point of the individual's high crime rate, lack of employment. Ms. Fair advised that another aspect would be partners that would be willing to hire individuals that come out of the program, that pipeline of individuals that would be coming to the program. She stated they also have a community aspect where they take walk-ins as well that are not in the evidence based, but they assess with Medicaid, Medicare, and partner with Division of Social Services (DSS) and other partners to help provide the services, as well as refer individuals to where the appropriate places for them to get the services that they need. All that infrastructure would probably need to be in place in order to do something like that in Dover. She noted two other barriers are housing and transportation. Responding to Mr. Anderson, Ms. Fair stated, regarding their funding, there is fundraising that they get from private sources and they do get State and City funding. She advised that they do a lot of funding from the private sector, from banks, from some organizations. Ms. Fair noted that Christiana Care has been a wonderful partner to them, as well as some of the banks like Bank of America and Comenity.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 10, 2020 PAGE 6 Responding to Mr. Neil, Ms. Fair stated right now they take in people just from Wilmington who had been incarcerated. She stated they take in people from the zip codes 19801, 19802, and 19805, and has expanded to New Castle. Responding to Mr. Caldwell, Ms. Fair stated they are not 100% perfect and that some individuals have trouble adjusting to society as a whole. She noted that is an area that they deal with, but that is a reason for the evidence-based program that they adhere to. She noted for example, anything that cannot be handled by their behavioral health specialists, they refer, whether it is intensive outpatient, things of that sort. Mr. Taylor asked if the adult education program is accredited. He noted some of the jobs that they are sending people to have to have a GED or the equivalent and when some of them are coming out of the institution, they do not have this. Responding, Ms. Fair stated the jobs that they work with are sometimes just skill based. They refer individuals to the West End to get their GEDs. She noted, for example, one of the partnerships that they have is with the Delaware Center for Horticulture (DCH), they have individuals that go through their skill program and the DCH then helps to place those individuals. Ms. Fair stated some of the jobs that they look at and the partners they work with, that is not necessarily a requirement. She advised that some individuals going to them have their GED, some have high school diplomas, and some even have some college, so it is a variety that they work with. Responding to Mr. Taylor, Ms. Fair stated there are a couple of ways they handle those who have issues with addiction. She advised that depending upon the level of addiction, they start with their behavioral health specialist. She noted when they initially have their intake they do a couple of other assessments in place to get a better sense of where the individual is. She noted if the behavioral health specialist sees that the individual is truly struggling with addiction, they have an onsite substance abuse group. She stated they do everything in stages because individuals are different and they respond to different methods. If an individual continues to struggle, then they do refer them to any of the other places that are better apt to deal with them. She advised that this is where their case management also stays in place because their behavioral health specialists in this instance, when it is substance abuse related, is sort of like the point person and makes sure after meetings, Health Insurance Portability and Accountability Act (HIPAA) guidelines getting signed off from the individual, make sure that they are on the same page with who they have referred them to. Responding to Mr. Lindell, Ms. Fair advised that if she combined the State and city, the funds average about $350,000 and that the Department of Corrections (DOC) numbers are not based on the zip codes. She stated that the DOC’s total is everybody in their system in those years that had left in those years, that includes low risk individuals as well as medium to high risk. She noted that was important because the low risk individuals are individuals who in their assessment are usually not likely to continue to commit crimes or recidivate. Ms. Fair stated that when they look at the DOC’s numbers compared to their number, their numbers are actual individuals that they had in those years, graduation, and where they are now that they have checked on. She stated their numbers are medium to high risk, so percentages actually could be somewhat prorated to show actually a higher non-recidivism rate for those coming out of Wilmington Hope Commission, in comparison because they do not have any of the low risk individuals to mitigate the recidivism rate. Responding to Mr. Lindell, Ms. Fair stated they have a rolling admissions, so it is hard to take in a space of time, but in the presentation, it shows they graduate probably 28 individuals per year. She noted if that is multiplied by the number of years, if rounded to 33 times three, it is 90.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 10, 2020 PAGE 7 Mr. Polce asked if there is a desire for the commission to expand into housing options for clientele. He noted if they have a justice involved individuals, does not particularly mean they are transient, they could be living with someone. He asked if Ms. Fair could speak on where the justice involved individual ins coming from, not specifically the zip code, but if the majority of them are housed, and if that is a requirement of the program, if it is not, is it something that the commission has a desire to get into or have thoughts of. Responding to Ms. Fair, she stated in order to graduate from their program, there are four pillars and one of those is stable housing, they need also be drug free, employed and have 85% or more attendance. She advised that individuals are coming from the DOC and are on a box. Ms. Fair stated most of them return home, a lot of their families are in Section 8 housing so they are not suppose to be staying there with a box, so that is where some of the consternation relative to housing comes from. She advised to be released when someone has house arrest of G.P.S., they must have a host, otherwise they remain at level five or within the facility. For the commission, the individuals they are working with will have housing when they go to the commission. She noted keeping that housing, some stay with a significant other or others and what happens is sometimes they are thrown out of the house which creates a whole other set of issues. Ms. Fair stated that relative to the Hope Commission, they have come across in some instance places where individuals have housing that they are willing to rent to justice involved individuals. They have some housing referrals, but that is a major aspect. Ms. Fair stated they would love to have more housing opportunities to actually have their individuals that are coming home go directly into a place, where it is not trying to find a residence, and that they can begin their probation outside of incarceration. Mr. Polce noted when they think of justice involved individuals and the re-entry pipeline, it is a continuum. He stated he was curious to what the Hope Commission was doing because there are justice involved individuals who come out level five, give an address, they will have their first meeting with their PO, and then they are a ghost in the wind from that address. He asked ultimately do they work with those individuals with the goal at the end being graduation and housing or do they have to demonstrate that they are actually housed prior to becoming a participant with the program. Responding, Ms. Fair stated before they go to the Hope Commission they have to have housing. She stated there are a couple incidents where if an individual did not, they are willing to work, but they cannot be on the box or anything like that. They have those referral places and one of the things they actually are working on is they have been talking to a couple of individuals who, for example, one individual rehabilitates houses, so they are talking to try to be able to have that aspect up front because they have had individuals that have been assigned to their program and they cannot come until that residence part is taken care of. Responding to Col. Dix, Ms. Fair clarified that box means a G.P.S. ankle monitor. Mr. Hare moved to recommend acceptance of the report. The motion was seconded by Mr. Taylor and was unanimously carried. Mr. Anderson encouraged members to be in contact with Ms. Fair’s staff and get some good referrals. Mr. Hare moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting. The motion was seconded by Mr. Neil and unanimously carried. Meeting adjourned at 7:16 p.m.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 10, 2020 PAGE 8 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Shevock and unanimously carried. Purchase of Replacement IBM Power System S914 Server (Sole Source Vendor) Mr. Matt Harline, Assistant City Manager, reviewed the background and analysis regarding the purchase of replacement IBM Power System S914 Server (Sole Source Vendor). Staff recommended authorizing the City Manager or her designee to accept the proposals and purchase the equipment and operating system. Responding to Mr. Neil, Mr. Harline stated that the current machine is about nine years old, almost starting its 10th year soon, the reason they are asking to replace it is because they are no longer supporting the operating system software for the machine. He noted the HTE system is still supported. Mr. Harline stated it was only a couple of months and they are going to be using it to hold data. He advised they could probably skate along, but it is guaranteed for five years and then at that point they hope they will not need it. They have continued software maintenance on this particular machine for now nine years and the original cost of that machine was $10,000 greater than this one. Responding to Mr. Neil, Mr. Harline stated that in the packet it included a package for the maintenance program. Mr. Contant asked if they were looking at upgrading the server because the software is not available, if they were hoping not to do this previously, and if there was anything else housed on the server other than HTE. Responding Mr. Harline stated that the server only runs the operating system HTE. Mr. Contant noted that he did not see the specs listed, but stated for this type of system $15,000 is about double what the minimum price is for the systems. Mr. Contant asked where does the system that they are requesting lie in performance aspect to the lowest cost for this system, which he thinks is about $6,000 or $7,000. He noted if they are only running one piece of software off of this and they are only anticipating doing that for the next three, hopefully not five years, do they need to buy one that is better than going with the lowest option of that class. Responding to Mr. Contant, Mr. Harline stated right now the full implementation of Munis runs into the year 2023, so having it for five years for leeway and backup is probably not a bad idea. He noted he did not think they need to get a better machine. Mr. Contant stated the server that they currently have, unless they have made upgrade to it is 9 ½ years old and the processor technology and the amount of RAM that servers can hold now is significantly greater, so even if they went with the cheapest option it would be about at least five times faster than what they were using. He noted he was looking at cost savings. He asked if they needed something that fast if it is serving a single purpose to bring the gap to their next piece of software, knowing that anything out there right now would be able to handle the HTE system or if there another planned use after HTE is discontinued and they move over the Munis. Responding, Mr. Harline stated they do not have any planned use as far as he knew. Mr. Harline stated that would be a question for Mr. Andy Siegel, Director of Information Technologies (IT). He noted he was not sure how much, but could get the answer. Mr. Harline noted if they authorized that much of an expenditure,

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 10, 2020 PAGE 9 they can find a less expensive option and certainly would take that, but the support ends at the end of March so they did want to move fairly quickly. He noted he did not know if there would be ability to repurpose the machine. If they can, they would, and they have done a lot of virtualization of servers. Responding to Mr. Contant, Mr. Harline stated Munis is running on their server and that they have already purchased the server to run that, he noted parts of it are up and running. Mr. Hare noted what they are getting now might be a little more than what they are going to need for the next three years, but if they went back to something less, in three or four years from now they are going to have to make another change and with this they will be able to do what IT needs to keep the systems going and it might go for 10 years. Mr. Contant stated he understood and if it was something that they are going to use, especially for other software going forward, then he would recommend going with the most they can afford at one time because it will carry you further, but at 10 years ago when that system was purchased, he does not think anybody was thinking about replacing HTE at the time and now they are. He stated he was trying figure out if it is cost effective to go with the middle of the road server for something that only serves one purpose, that they are hoping to discontinue far sooner than 10 years. Mr. Harline stated they are hoping to be completely out of there in five years, by that time they should have enough history in Munis that they do not need to save very many files. He noted they can import a couple of years worth or as many as they want from HTE for a fee. Mr. Harline stated with this machine, as they get completely up and running with Munis, they can save a certain amount of history if they need it. He noted for the variety depending upon what the particular functionality in Munis, there are different amounts of history that they want to save, plus they also have budgeting stuff they have in Excel many years back. Mr. Taylor asked if they had to vote on the item tonight, he liked Mr. Contant’s approach and asked if they could table this until questions were answered. Responding to Mr. Lindell, Mr. Harline stated the software supports ends at the end of March. Mr. Harline noted if they approve that amount of money and if there is a less expensive machine, they can do that. Mrs. Donna Mitchell, City Manager, recommended moving it onto Council and they can bring the answers back to the next Council meeting to make sure everybody is comfortable. She noted they can communicate with Mr. Contant in the meantime to get his questions. Mr. Contant asked if Staff can look to see if there is a possibility of saving a few dollars. He noted to keep in mind that they do not plan to keep this system the full ten years and then just bring it back to Council at the next meeting so Council has the information to vote on it. Mr. Sudler agreed with Mr. Contant. Mr. Shevock stated he was always for saving money and asked if they save a dollar now if they were going to spend more in three or four years. He noted that model presented before the AS400 has come back and paid. Mr. Neil questioned if the computer dies when the support system is not there. He stated it continues and hopefully continue to work until they have the new server they decide to buy to bring in. He noted that if they are going to approve it and then find out that they can get a lesser system then they should do that, it would be his understanding in making the second on the motion that is what they will do.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 10, 2020 PAGE 10 Mr. Contant noted that his biggest concern with letting the software lapse is that when it is not in development anymore, it is more susceptible to being hacked because no one is keeping up with the security protocols. Mr. Harline agreed and noted that slightly more than half of the cost is the operating system and doubted they could find a different option for that. Mr. Lindell stated the best course of action is to go with advancing it to Council and then getting the answers for the next Council meeting to the concerns and questions that Mr. Conant brought up and then they will have that information as a Council to vote. Mr. Cole moved to recommend acceptance of Staff’s recommendation of authorizing the City Manager or her designee to accept the proposals and purchase the equipment and operating system while also directing Staff to provide answers to the specific issues that were addressed during the meeting. The motion was seconded by Mr. Neil and unanimously carried. Mr. Hare moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Shevock and unanimously carried. Meeting adjourned at 7:33 p.m. Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Neil and unanimously carried. Meeting adjourned at 7:33 p.m. William F. Hare Council President WFH/TM/jt S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2020\03-10-2020 CCW Minutes.wpd Attachments Attachment #1 - Presentation titled “Dover March City Council Meeting - Wilmington HOPE Commission Overview” Attachment #2 - Handout titled “Delaware’s Premiere Re-entry Program”

ATTACHMENT #1 Council Committee of the Whole Meeting of 03/10/2020 Dover March City Council Meeting Wilmington HOPE Commission Overview 1 March 10, 2020 T. Fair, WHC Executive Director

2 History - Wilmington HOPE Commission (WHC)  Established by executive order of former Mayor James Baker to review and act on social and community issues related to violent crime in several areas of the city of Wilmington. (2005)  27 community and civic leaders served on a steering committee that resulted in a nine (9) strategy recommendation report to the Mayor in 2006. Corvtv11SSIO\I Inspiration ... Collaboratlon ... Transformation ...

3 Wilmington HOPE Commission Narrows Focus  Decided in 2009 to focus on one root issue to be able to have more sustainable impact: Ex-offender reentry to the community  Undertook an extensive data gathering process: Data on ex-offender population Evidence-based practices Mapping of existing efforts and results Analysis of policies that were impacting reentry Feedback from decision-makers, stakeholders, and the community

Wilmington HOPE Commission reentry evolution: 4  Created a one-stop center for medium to high risk ex- offenders where they could get the services and supports they need to successfully reengage with their families and community.  Renovated a building (i.e. Achievement Center).  Built the program protocol.  Hired clinical leadership and peer counselors.  Developed agreements with selected providers to offer services on-site or nearby (e.g. case management, behavioral health services).  Established referral pipeline with the Department of Corrections (DOC). HC)EE Inspiration ..• Collabora1Jon ... Transformation ...

5 Wilmington HOPE Commission is:  Delaware’s premier correctional re-entry program, providing:  comprehensive re-entry support services that target crime-causing factors, shown to be predictors of recidivism, for formerly incarcerated medium to high-risk men leaving prison and returning to Wilmington’s most distressed communities.  Founded on research-informed solutions, WHC provides rehabilitative treatment services and programs designed to promote successful re-entry by using:  risk and needs assessments,  cognitive behavioral intervention,  vocational readiness training/workforce development  case management  peer support, and  behavioral health services – to reduce recidivism and improve safety in the Wilmington community. Participants (i.e. Members) are provided convenient access to the services – all under one roof.

6 Mission/Vision/Values  Mission Statement • The Wilmington HOPE Commission, with its partners, will target reduction of the impact of violence and promote well-being in our communities by advocating for, supporting, empowering, and assisting ex-offenders to positively integrate back into our communities.  Vision Statement • Be the premier organization for reducing adult recidivism, insuring that ex-offenders transition successfully from incarceration to being law-abiding, productive members of the community.  Values • Honesty, Integrity, Empathy, Consistency, Respectful, Accountability, Transparency, Collaboration

Wilmington HOPE Commission - Culture 7 People:  Interaction of quality professionals, peers and participants  Shared values of dignity and respect  Belief in human potential Program:  Case Management framework  Risk/Need Assessment Driven  Evidence Based Practices  Interdisciplinary collaborations Place: Achievement Center  Welcoming  Safe, orderly & clean  Conducive to pro-social interactions H

COMPARISON DATA: / *DOC vs WHC Rearrest Recidivism / Rearrest DOC WHC DOC WHC DOC WHC year 1 year 1 year 2 year 2 year 3 year 3 2013 53.1% 68.8% 74.4% 2014 49.5% 66.6% 72.8% 2015 52.9% 25% 63.9% 37.5% 70.3% 50% *Criminal Justice Council (CJC) Report “Recidivism in Delaware”, December 2019

COMPARISON DATA: *DOC vs WHC Recommitment Recidivism / Recommitment DOC WHC DOC WHC DOC WHC year 1 year 1 year 2 year 2 year 3 year 3 2013 45.9% 60.4% 65.8% 2014 43% 57.6% 63.5% 2015 52.9 % 25% 63.9% 25% 70.3% 50% *Criminal Justice Council (CJC) Report “Recidivism in Delaware”, December 2019

10 WHC three (3) year recidivism results  FY2017:  24 graduates  3 yrs post graduation: 83% not incarcerated (CJC: 36%)  FY2018:  24 graduates  2 yrs post graduation: 87.5% not incarcerated (CJC: 42%)  FY2019:  28 graduates  1 yr post graduation: 100% not incarcerated (CJC: 57%) *Fiscal Year (FY) is from July1- June 30. Results as of June 30, 2019 **Criminal Justice Council (CJC) Report “Recidivism in Delaware”, December 2019

11 Follow the HOPE Commission on: Facebook: https://www.facebook.com/HopeCommission/ Twitter: https://twitter.com/HOPECommission Instagram: https://www.instagram.com/wilmingtonhope/ Website: www.wilmhope.org

ATTACHMENT #2 Council Committee of the Whole Meeting of 03/10/2020 fJefaware J' Premiere ;tl heacon of what is 11ossjhfe... How can you help? Be our workforce development partner - as an employer/ trainer We are a 501 (C)(3) Charitable Organization Support Our Cause! Please Donate at : www.wilmhope.org -or- Send your check to the Wilmington HOPE Commission 38 Vandever Ave, Wilmington, DE 19802 302- 407-3397

Cav1MSSD-J lnsp,iration ❖ Collaboration ❖ Transformation Case Management Services Case Managers Evidence based program CBI Groups: Day and Evening sessions Risk assessments, achievement planning, file maintenance, communications, referrals, report writing Workforce Development & Peer Mentoring Services Peer Mentors Community Engagement and Home Visitation Services Work force Development Training & Job Coaching Services o Computer access o Job Placement & referrals Tramportation Assistance Services Financial Management training & Resources Workforce Development Curr1culum (Phase 1: 4-5 weeks) 1ss1on