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REGULAR CITY COUNCIL MINUTES

City Council Meetings. 23 novanm 2020.

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REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held by video conference on November 23, 2020 at 7:30 p.m. with Council President Hare presiding. Council members present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord, Mr. Harline, Mr. Hugg, Mr. Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present. 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. Taylor and unanimously carried. Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Lindell and carried by a unanimous roll call vote. ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF NOVEMBER 5, 2020 The Minutes of the Special Council Meeting of November 5, 2020 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 9, 2020 The Minutes of the Regular Council Meeting of November 9, 2020 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen. C O U N C I L CO MMI T T E E O F T H E WH O L E R E PO R T - NOVEMBER 10, 2020 The Council Committee of the Whole was held by video conference on November 10, 2020 at 6:06 p.m., with Councilman Slavin presiding in the absence of Council President Hare. Council members present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Mr. Cole was absent. Mayor Christiansen was also present. Civilian members present via video or telephone for their Committee meetings were Mr. Caldwell and Col. Dix, Retired, (Parks, Recreation, and Community Enhancement). Ms. Maucher (Utility) was absent. UTILITY COMMITTEE The Utility Committee met with Councilman Slavin presiding in the absence of Chairman Cole. Adoption of Agenda Mr. Sudler moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried.

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CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 2 Evaluation of Bids - SCADA (Supervisory Control and Data Acquisition) Equipment Technology Upgrade (Actionable Item) Mr. Jason Lyon, Water and Wastewater Director, reviewed the background and analysis regarding the evaluation of bids for SCADA Equipment Technology Upgrade. Staff recommended awarding the contract to Freemire & Associates, Inc. for the SCADA Equipment Technology Upgrade, ITB #21-0009WW, for the amount of $197,118. Mr. Neil moved to recommend approval of Staff's recommendation. The motion was seconded by Mr. Taylor and unanimously carried. By consent agenda, Mr. Neil moved to award the contract to Freemire & Associates, Inc. for the SCADA Equipment Technology Upgrade, ITB #21-0009WW, for the amount of $197,118, as recommended by the Committee. The motion was seconded by Mr. Lindell and carried by a unanimous roll call vote. Evaluation of Proposals - College Road Pump Station Upgrade Engineering Design Support (Actionable Item) Mr. Jason Lyon, Water and Wastewater Director, reviewed the background and analysis regarding the evaluation of proposals for the College Road Pump Station Upgrade Engineering Design Support. Staff recommended awarding the contract to Remington & Vernick Engineers for the College Road Pump Station Upgrade Engineering Design, RFP #21-0010WW, for the amount of $17,523. Responding to Mr. Taylor, Mr. Lyon stated that the poly-triplex liner is like a sock slipped into the manhole. He advised that they have dealt with inflow and infiltration issues consistently throughout the City and that the poly-triplex liner provides a barrier for any groundwater infiltration. Mr. Lyon noted that it was a preventative maintenance measure to reduce the amount of water being treated by the County unnecessarily. Mr. Taylor expressed his concerns regarding the proposal price and COVID-19. Mr. Lyon stated that they spoke with Remington & Vernick Engineers and he felt confident with the proposal, which is just to create the bid documents and the specifications, not for the construction phase. Responding to Mr. Anderson, Mr. Lyon stated that they have a contract length of 120 days from notice to proceed. He noted a caveat with all the COVID-19 situations and that they may have to do things virtually, so the end of March was the game plan. Mr. Lyon noted that they budgeted the actual construction phase to be scheduled in fiscal year 2023.

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CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 3 Mr. Rocha stated that he shared the same concerns as Mr. Taylor and asked what made Mr. Lyon feel confident that Remington and Vernick Engineering could do the work. Responding, Mr. Lyon stated that when they submitted the proposal it came with a statement of understanding, statement of qualifications, references and provided other similar projects that they had done in the past. Mr. Lyon noted that another aspect of the process was there was a question and answer phase of the proposal and each proposer of the five engineering firms had to sign off and say that they have accepted all the specifications and read and understood the addendum. Mr. Neil moved to recommend awarding the contract to Remington & Vernick Engineers for the College Road Pump Station Upgrade Engineering Design, RFP #21-0010WW, for the amount of $17,523, as recommended by Staff. The motion was seconded by Mr. Taylor and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote. Water Treatment Plant Process Improvement Project – Construction Support Services Fees – Change Order (Actionable Item) Mr. Jason Lyon, Water and Wastewater Director, reviewed the background and analysis regarding the Water Treatment Plant Process Improvement Project – Construction Support Services Fees – Change Order. Staff recommended approval of the proposed amendment to the construction support services by Duffield Associates, in the amount of $39,000. Responding to Mr. Anderson regarding a new time frame and the cost, Mr. Lyon stated they have not received anything in writing from the contractor and that they would be onsite the week of November 16, 2020 to complete the punch list items and the programming issues that have arisen since the plan had received substantial completion. Mr. Lyon noted that they anticipated that they would finish that up the week of November 16, 2020 and then they would go into a conditional acceptance for 30 days. Mr. Lyon advised that if anything went wrong in those 30 days, the contractor would have to come back and fix it with no questions asked, which would bring them into mid-December. Mr. Lyon noted that he did not have it in writing. Regarding the amount of money that was provided in that estimate, Mr. Lyon stated that he did have in writing from Duffield that their estimate for $39,000 would go through the end of October and that it was very conservative. He noted that they felt that $39,000 was an ample amount to finish their aspect of the project. Mr. Lyon stated that he had reviewed their work logs and confirmed that. He noted that although the committee action form and attachment indicated October 30, 2020, he does have it in writing that they feel confident that they can run this out even past December if they need to.

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CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 4 Mr. Anderson moved to recommend approval of the proposed amendment to the construction support services by Duffield Associates, in the amount of $39,000, as recommended by Staff. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote. Mr. Neil moved for adjournment of the Utility Committee meeting, seconded by Mr. Rocha and unanimously carried. Meeting adjourned at 6:29 p.m. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Sudler moved for approval of the agenda, seconded by Mr. Neil and unanimously carried. Proposed Revision to the Reciprocal Borrowing Agreement (Informational Item) Mr. Matthew Harline, Acting City Manager, reviewed the proposed revisions to the Reciprocal Borrowing Agreement. Mr. Brian Sylvester, Library Director, stated that all four of the municipalities were reviewing the proposal and if there was any feedback that Committee or Council members would like for him to bring back to the next meeting of the library directors on November 17, 2020, he would be happy to take that to the directors. Responding to Mr. Sudler regarding negative components, Mr. Sylvester stated that when there is a surplus balance in the account, the County would distribute it five ways, not just to the four member libraries in the agreement, but also to the Kent County Library. He advised that under the proposal, the Kent County library would not receive any funding even when there is a surplus. Mr. Sylvester stated that from the County's perspective that could be considered a downside, but as far as the four member libraries, this would result in increased funding and a more stable funding source because they would not have that surplus that built up. Mr. Harline noted that the possible downside would be that the County could say no. He stated that it requires a legislative change at the County level.

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CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 5 Responding to Col. Dix, Mr. Sylvester stated the calculation is based on circulation, an item physically being checked out. He advised that under the current agreement, each of those transactions was valued at $2.65. Mr. Sylvester stated that he was proposing to use those same numbers, but instead of linking it to the actual physical number of times a book has changed hands, they were looking at the percentage of the total. Responding to Col. Dix, Mr. Harline stated they have a budget to order books. He advised that a lot of the money goes directly towards materials, including materials that are not books. He noted that they use very little City money for materials that are not actual hard books. Mr. Neil moved to endorse the proposed revisions of the Reciprocal Borrowing Agreement, seconded by Mr. Sudler and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote. Mr. Neil moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting. The motion was seconded by Mr. Sudler and unanimously carried. Meeting adjourned at 6:41 p.m. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Neil and unanimously carried. Meeting adjourned at 6:41 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Lindell and carried by a unanimous roll call vote. DOVER POLICE DEPARTMENT - CIP PROJECT: POLICE STATION COMPUTER WIRING UPGRADE (PD2104) Mr. Matt Harline, Acting City Manager, reviewed the background and analysis for the police station computer wiring upgrade project. He advised that although the competitive purchasing process was technically not followed, it was his belief that it met the spirit of the ordinance and the purchasing policy. Mr. Harline also noted that this item was being heard by City Council rather than the Committee due to the timing of the project. He stated that the dispatch center is currently under repair through another budgeted project and the wiring can be done in two or three days without an additional interruption in the dispatch center and while they are operating out of KentCom. Mr. Hare, noting that the project was approved at $175,000 and the bid was for $122,000, asked why it needed Council approval. Responding, Mr. Slavin advised that the budget process sets the overall budgeted amount for the project, but the rules still apply to every department on how they spend their money and what the thresholds are for purchasing. He noted that he thought they were fine to

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CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 6 approve this item because it met the spirit of what they have laid out as a city, as every department, but cautioned that it also puts them on a slippery slope of saying if we can just find some savings, it is easier for us. Mr. Slavin noted that all departments should be careful about how they expend public funds and how they apply their own rules to their own operations. He advised that if all the financial oversight that Council gives is on a vote at the outset of the fiscal year for a budget they would be in a lot of trouble because they will have approved projects that are worth millions of dollars and as long as they come in at budget then they do not have to go out to bid, which he would not support. Mr. Anderson stated that he concurred with Mr. Slavin and that he would normally have concerns about this amount of money and the review process; however, he would support it because of precedent when it comes to a failure or emergency situation in a critical area, such as failing pipes under the roadway. Additionally, Mr. Anderson noted that they were utilizing a vendor from the State contract and saving money by combining the work of two projects. Mr. Taylor asked if the upgrade to the system would make everything compatible or if the department would be coming back the first of the year for more money for another upgrade. Responding, Mr. Chris Menge, Network Analyst, stated that there were plans to replace or upgrade all the wiring in the building, noting that the structured cabling that they are replacing was designed to last anywhere between 10 and 20 years and it is at least 10 years old and is low quality. He advised that they do plan to spend approximately $30,000 to $40,000 more of the budgeted money on equipment upgrades that are also in the scope of this project. Mr. Menge stated that this initial $122,000 is phase one, which will cover most if not all of the contractor-worked scope of the project. He noted that everything that they have planned to replace is expected to last for 15 to 20 years. Mr. Lindell stated that bringing this item directly to City Council, in the interest of time, was the best course of action since they do have policies in place and they want to make sure the policies are being followed, regardless of which department is seeking that request. He noted that he believed the request was valid and that they need to follow the process. Staff recommended awarding the contract to Assurance Media, LLC in the amount of $122,654.22. Although they were not the lowest cost option, they are a minority business and their price is only 1.1% over the lower proposal, which is well within the 3% allowed for minority vendor preference by the City of Dover Purchasing Policy. Mr. Anderson moved for approval of Staff’s recommendation, seconded by Mr. Neil and carried by a unanimous roll call vote. ACTING CITY MANAGER'S ANNOUNCEMENTS Mr. Matt Harline, Acting City Manager, reminded everyone of the very subdued tree lighting ceremony, along with First Friday. He noted that First Friday would be taking place downtown on December 4, 2020, but with extended hours. Mr. Harline urged everyone to observe the most cautious coronarius protocols. Mr. Harline noted that, due to Thanksgiving, there would be no trash or recycling service on Thursday or Friday and that it would resume on Monday.

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CITY COUNCIL MEETING OF NOVEMBER 23, 2020 PAGE 7 Mr. Harline advised that, due to COVID-19, most City offices are closed, and he plans to review the policy and continue split staffing until the end of January due to the likelihood of a lot more cases. He noted that all possible City services would be available. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Hare wished Mr. Neil a happy birthday on Thursday. Mr. Lindell thanked their former colleague, Councilman Scott Cole, for his service on the City Council and noted that he would be sorely missed. Mr. Sudler concurred with Councilman Lindell and wished Councilman Scott Cole nothing but the best in all his future endeavors. Mr. Taylor wished everybody a happy and safe Thanksgiving and asked that everyone abide by all COVID-19 protocols. Mr. Anderson wished everyone a happy Thanksgiving and a happy birthday to Councilman Neil. He also offered best wishes for the future for Councilman Cole and his wife. Mr. Neil moved for adjournment, seconded by Mr. Anderson and unanimously carried. Meeting adjourned at 7:55 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of November 23, 2020 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2020\11-23-2020 REGULAR CITY COUNCIL MINUTES -.wpd

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