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CCW MINUTES

Council Committee of the Whole. 26 janvye 2021.

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COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole Meeting was held by video conference on January 26, 2021 at 6:01 p.m., with Council President Hare presiding. Members of Council present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Civilian members present for their Committee meetings were Mr. Wagner and Mr. Shelton (Safety Advisory and Transportation), Ms. Maucher (Utility), and Mr. Shevock (Legislative, Finance, and Administration). Mr. Contant (Legislative, Finance, and Administration) was absent. UTILITY COMMITTEE The Utility Committee met with Council President Hare presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Annexation Request - 228 Mifflin Road, Owned by Debora G. Hansen (Actionable Item) Mrs. Dawn Melson-Williams, Principal Planner, reviewed the Petition to Annex and Rezone Property located at 228 Mifflin Road. She noted that the City of Dover does not currently provide electric, water, or sanitary sewer. Ms. Melson-Williams advised that water and sanitary sewer are available on the opposite side of Mifflin Road and the installation of utilities will require DelDOT approval. She noted that the property owner is responsible for all costs associated with extending and providing service to the existing dwelling, including tapping the sanitary sewer and water mains, paying impact fees and obtaining permits. Responding to Mr. Neil, Mrs. Melson-Williams stated that the area is in the high priority annexation area. She advised that the area is considered an enclave where it is surrounded by properties in the City. Mr. Rocha asked if extending the utilities would benefit the parcels next to the subject property. Responding, Mrs. Melson-Williams stated that when they tap the City line, it would be the laterals for the specific lot only. She noted that the property owner may be interested in selling the property and is trying to prepare for the future. Mrs. Melson-Williams noted that it is a wooded area and there is some concern with continued use of septic systems. It is in close proximity to City services, which is a better provision for those types of services for the residential dwelling. Responding to Ms. Maucher, Mrs. Melson-Williams stated that a boundary modification with Delmarva Power had been considered. She advised that it would be something that the City would have to be involved in and coordinated through the Public Service Commission in order to make that service territory change, but she was not sure they would pursue it for an individual property. Mr. Sudler moved to recommend approval of the annexation. The motion was seconded by Ms. Maucher and unanimously carried. Mr. Neil moved to recess the Utility Committee meeting, seconded by Mr. Sudler and unanimously carried. Meeting recessed at 6:10 p.m.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 26, 2021 PAGE 2 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding. Adoption of Agenda Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Proposed Budget Amendments to the 2019 Community Development Block Grant (CDBG) - Coronavirus Aid Relief and Economic Security (CARES) Act (Actionable Item) Mrs. Tracey Harvey, Planner/Community Development Block Grant (CDBG) Administrator, reviewed the background and analysis for the Proposed Budget Amendments to the 2019 Community Development Block Grant (CDBG) - Coronavirus Aid Relief and Economic Security (CARES) Act. Staff recommended approval of the proposed Budget amendment totaling $312,161 for Fiscal Year 2019. Responding to Mr. Neil, Mrs. Harvey stated that the budget amendment falls within Fiscal Year 2019 because the round of funding was done during Fiscal Year 2019 and they already amended that plan. She advised that the accounts are set up and will be a lot easier. She noted that Mr. Dave Hugg, Director of Planning and Community Development, said they could continue to amend it in the Fiscal Year 2019 action plan since it has already been amended previously. Responding to Mr. Anderson, Mrs. Harvey stated that she had not been informed by Mr. Hugg if they were going to receive a third round of allocation yet. She advised that there was a need right now for motel vouchers, utilities and even rental assistance. Mrs. Harvey noted that there had not been a lot of requests for anything else to fund from the Delaware Health and Social Services (DHSS) at this time. Mr. Neil moved to recommend approval of staff's recommendation, seconded by Mr. Rocha and unanimously carried. Segal Waters Consulting - Classification, Compensation and Benefit Study (Actionable Item) Mr. Matt Harline, Acting City Manager, and Mrs. Kim Hawkins, Human Resources Director, reviewed the background and analysis for the Classification, Compensation and Benefit Study conducted by Segal Waters Consulting (now Segal). Ms. Paula Singer, Ms. Cristy Reetz, and Ms. Katie Kiesel of Segal Waters Consulting, reviewed the Classification and Total Compensation Study Report of Findings and Recommendations. Staff recommended approval of the implementation of the Classification, Compensation and Benefit Study as presented. Responding to Mr. Sudler, Mrs. Hawkins stated that she believed that the 10 organizations that responded were sufficient to give them good data in regard to population size. She noted that Segal Waters Consulting brought forward some places in New Jersey; however, she and Mr. Harline recommended against using New Jersey organizations because they felt their population and communities were vastly different from the ones in Dover.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 26, 2021 PAGE 3 Responding to Mr. Neil, Ms. Singer stated that when comparing cities in Maryland, the cost of living was taken into consideration in the comparables because it is less expensive living in Dover. She advised that they apply a geographical differential based on the cost of labor in both cities. Ms. Singer stated that they put a discount based on the amount that is between the two of them. Mr. Sudler asked how they define the cleanup process for job descriptions and what criteria is met for their recommendation. Responding Ms. Reetz stated that when they are talking about cleaning up titles, they are looking at the job duties being ascribed to them. She noted that if there is work in multiple departments requiring similar minimum requirements and skill sets, they would combine that into one classification and clean up the titling. Mr. Sudler asked if Segal Waters Consulting verified that employees are actually performing the duties they say they are performing. Responding, Ms. Reetz stated that there is a part of the Job Description Questionnaire (JDQ) process where they ask supervisors to review and comment on what the employees are telling them. She noted that they also went through the process with their draft recommendations, passing that through Mr. Harline or Mrs. Hawkins to identify any errors, concerns or issues that they might have or see in their recommendations based off of the JDQ’s. Ms. Reetz advised that they also did interviews with supervisors, managers, and employees, just to clarify the data that they collected. Responding to Mr. Sudler regarding a career ladder, Ms. Singer stated that they would start with reviewing the City’s philosophy. She advised that some organizations like to have a lot of different levels so that employees can increase their skills and move up and some do not because there is not enough in the budget or not enough of a differentiation between jobs in order to create that kind of career ladder. Ms. Singer stated that they also believe that a career ladder does not always mean up, it can mean transferring laterally to other parts of the organization. Ms. Singer advised that from their interviews with the project team and the rest of leadership, they have information that they learned through the classification study, where they could see what new jobs might be created and where some real ladders should be considered. Responding to Mr. Rocha, Ms. Reetz stated that Grade 1 and Grade 4 were just open grades. She noted that they believe that they could use those if the City wanted to implement the system throughout the City for all positions or to have something that would work with all positions. Mr. Neil stated that it would be helpful to see where the City was currently and what is being proposed. Ms. Singer stated that they could get a comparison of both salary scales. Mr. Lindell requested that information be forwarded to the Committee for review. Responding to Mr. Anderson regarding contracts, Mrs. Hawkins stated that they asked Segal Waters Consulting to review the planners, accountants, librarians, and engineers, which are represented by the American Federation of State, County and Municipal Employees (AFSCME) Union. She advised that with Mr. Harline, they would have to have a conversation with AFSCME leadership with any recommendations coming out of the study and hopefully get a memorandum of understanding with them and that AFSCME would be willing to accept their finding. Mrs. Hawkins stated that it would be a conversation that they would have to have since they are the exclusive bargaining representatives for those positions. Mr. Lindell stated that there are some positions that are Council appointed. He asked if that would constrict Council when it came to salary negotiations. Responding, Ms. Singer stated that it would give them a

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 26, 2021 PAGE 4 framework but that they could do what they wanted. She noted that she would hope that Council would talk with Mr. Harline or Mrs. Hawkins about it because they would want to pay attention to internal equity and what is fair. Mr. Harline noted that those positions were evaluated. Mr. Slavin moved to recommend approval of the implementation of the Classification, Compensation and Benefit Study as presented, as recommended by Staff. The motion was seconded by Mr. Hare. Mr. Neil stated that they still had time to review the information if anybody had any concerns with the material. He urged Council members to take a good close look at it and that if they had a problem, they would still have a chance to bring it up. The motion to recommend approval of the implementation of the Classification, Compensation and Benefit Study, as presented, was carried with Mr. Anderson voting no. Update on Body Worn Cameras Chief Johnson, Dover Police Department, reviewed the background for Update on Body Worn Cameras. Staff recommended approval of the proposed Body Worn Camera Program ($799,930.10 over five years) and the evidence manager position ($357,572.00 over five years) needed to maintain the program. Mr. Taylor asked if the LAN analyst would be a day shift position, noting that if it is a night shift position and the person who handled the evidence had to go to court it would create overtime. Responding, Chief Johnson stated that the position will compliment the Evidence Technician position and they do not see a departure from the current cycle of need for an evidence individual. Chief Johnson noted that he was not familiar with any times that the Evidence Technician would have to testify for an electronic data transmission. He stated that normally they would see overtime associated with the physical movement of evidence from their building to court and hand something over and testify that they actually put their hands on it and did not contaminate it. Chief Johnson advised that with the digital audit trails, he thought they could probably anticipate instead of one individual handling all the overtime needs for evidence, it would probably be the same amount of hours spread across two different people. Major David Spicer noted that the primary Evidence Technician would primarily be working day work to support those evidence needs, therefore, if they are required to testify in court for chain of custody they would be available so that they would not have to pay overtime. Responding to Mr. Taylor, Chief Johnson stated that because the Taser Model X26's are obsolete, AXON is going to take all of the product back. Mr. Josh Sparks, AXON, stated that there was some credit for those weapons, contractually. Responding to Mr. Taylor, Mr. Roscoe Brown, AXON, stated that in the event that there was a piece of equipment that needed to be exchanged, spares were included in the original contract. He noted that they simply ask that they ship the other one to them, on AXON’s cost, and they would ship the spare back once it is put into production. Responding to Mr. Rocha regarding public access to the police videos and Freedom of Information Act (FOIA) restrictions, Chief Johnson stated that he was not aware of any large barriers to public dissemination. He noted that they were doing a policy revision and advised that they were going to be leaning towards as

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 26, 2021 PAGE 5 much transparency as he could deliver and as quickly as he could without stepping over the statutory limitation. Mr. Sudler moved to recommend approval of the proposed Body Worn Camera Program ($799,930.10 over five years) and the evidence manager position ($357,572.00 over five years) needed to maintain the program, as recommended by Staff. The motion was seconded by Mr. Rocha. Ms. Lachelle Paul asked when the cameras would be available for use for the department. Responding, Chief Johnson stated that they have to identify an employee, do in-house training, and prepare to absorb all of it into their processes. He stated that they also have to make sure that the City does not have to find money between now and the end of Fiscal Year 2021. Chief Johnson advised that the proposal is that they sign paperwork and take delivery of the product before they apply for grants. Mr. Andre Boggarty, Chief Advisory Council Member, stated that he supported the body cameras. He stated that he did brief research and found that, according to the National Police Funding database, one case could cost more in settlement money than the devices and the services that they needed to support the devices. Mr. Boggarty noted that he reviewed the Body Worn Camera policy from New Castle County and wanted to make sure that the City had a robust policy that included that it was for the protection of the officers and that it was clear that failure of an officer to properly use that device had some level of disciplinary action be built into the policy. He noted that he spoke to other leaders in the community, including the President of the National Association for the Advancement of Colored People (NAACP), and they want to support the Dover Police Department in this endeavor. Mr. Boggarty asked if they would consider doing a PSA to the City once the body cameras are implemented to show how the camera will work and the purpose of the cameras, which are for the protection of the police officers and citizens. Responding to Mr. Lindell, Chief Johnson stated that the body cameras interfaced with each other and could activate themselves in certain instances. Chief Johnson advised that there was also proximity activation. The Axon body-worn cameras know when they are around other body-worn cameras. If anybody involved at a scene forgot to press a button, when the backup officer arrives, or vice versa, the cameras tell each other automatically to turn everybody on. He noted that the proximity feature was through Bluetooth technology. Responding to Mr. Lindell regarding financing, Mr. Harline stated that they will need to bring back a final contract at some point in Fiscal Year 2022. Mr. Harline noted that there is a chance that they would need to enhance revenue for this and other reasons, but those choices would need to come together with the budget package. Mr. Sudler moved to recommend approval of the proposed Body Worn Camera Program ($799,930.10 over five years) and the evidence manager position ($357,572.00 over five years) needed to maintain the program, as recommended by Staff. The motion was seconded by Mr. Rocha and unanimously carried. Review of Expenditures - Dover Police Academy (Actionable Item) Mr. Matthew Harline, Interim City Manager, and Police Chief Thomas Johnson reviewed the background and analysis for Review of Expenditures - Dover Police Academy.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 26, 2021 PAGE 6 Staff recommended approval of the Spring Academy expenses, if the State Academy is not a viable option for Spring 2021 and to direct Police Command Staff to prepare a full budget for a FY 2021-22 Academy for the budget review process with assistance from the several departments affected. Mr. Taylor expressed his support in ensuring that the Dover Police Department is the agency that is training the municipalities on policing in 2020. Mr. Neil moved to table this item with the understanding that it will come back with facts and figures. The motion was seconded by Mr. Shevock. Mr. Anderson stated that he did not support the motion to table the item. He stated that instead he would support the Staff recommendation because they need to move towards the spring semester, and to authorize Chief Johnson to do the research. He noted that the recommendation does not commit them to the fall, which he was not committed to yet because they do not know what conditions will be. Responding to Mr. Anderson, Mr. Harline clarified that they were not close to having the full accounting for the first semester. He advised that it was an emergency response and they needed to take into consideration what they were going to give up when they ask the state for money from this. Mr. Harline stated that there are other projects in the City and every time they go to the state there are buckets of money and maybe there was money that would go to just the Academy. He noted that there may be a good need for a Municipal Police Academy in Dover that is much more focused, but he did not know. Mr. Rocha asked if Mr. Neil’s motion to table the item would hamper conducting a spring semester. Responding, Mr. Harline stated that it would be useful for the Committee to take action with enough time for Staff to plan a spring semester. Mr. Harline stated that right now it looked like it would cost a little over $16,000, which was not budgeted beyond transfer and what they would have spent for training anyways. He noted that they could get as much as $15,000 in revenues, in response. Responding to Mr. Lindell regarding funding for the spring session, Mr. Harline stated that they could be coming close to breaking even since there were no new capital cost. He noted that they would have to transfer some money into training because their overall training budget for new recruits will be larger because they did not originally plan for 15 recruits. Chief Johnson noted that they have had discussion with the Criminal Justice Council about certain portions of the Academy curriculum that they currently offer. He stated that they typically try to keep the census for the Academy at roughly 25 people. Chief Johnson advised that interest in the Spring session was high and they have received commitments for half, which should get them beyond the $16,000. Mr. Neil withdrew his motion. Mr. Shevock withdrew his second. Mr. Neil moved to recommend approval of the Spring Academy expenses, if the State Academy is not a viable option for Spring 2021, and direct Police Command Staff to prepare a full budget for a FY 2021-22 Academy for the budget review process, with assistance from the several departments affected. The motion was seconded by Mr. Taylor and unanimously carried.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 26, 2021 PAGE 7 Mr. Shevock moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 7:43 p.m. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee met with Chairman Taylor presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. COVID-19 Vaccine Information (Dr. Richard Pescatore, Chief Physician, Delaware Division of Public Health) (Informational Item) Due to the absence of Dr. Richard Pescatore, Chief Physician of Delaware Division of Public Health, Mr. Taylor requested that this item be deferred to the next Safety Advisory and Transportation Committee meeting. Mr. Sudler moved to defer this item to the next Safety Advisory and Transportation Committee. Mr. Hare stated that the next Safety Advisory and Transportation Committee meeting would not be for another month and suggested that the item go on the next Council Committee of the Whole agenda as a special addition. Mr. Sudler withdrew his motion. Responding to Mr. Taylor, Mr. Hare stated that the Safety Advisory and Transportation Committee meeting would be a special session during the Council Committee of the Whole meeting of February 9, 2021. Mr. Sudler moved to defer this item to the Council Committee of the Whole/Special Safety Advisory and Transportation Committee meeting of February 9, 2021. The motion was seconded by Mr. Hare and unanimously carried. Update on Social Professional/Law Enforcement Collaborative Police Chief Thomas Johnson provided an update regarding the Social Professional/Law Enforcement Collaborative. He advised that the two basic issues are funding and identifying appropriate partners to ensure that the threat to service disruptions would be minimal. Chief Johnson stated that they had identified several sources that would allow them to have more than one person submitting a plan and a process for them to evaluate as a resource for the community, but also something that was going to function well with the community policing unit. Mr. Neil moved for adjournment of the Safety Advisory and Transportation Committee meeting, seconded by Mr. Shelton and unanimously carried. Meeting adjourned at 8:53 p.m.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 26, 2021 PAGE 8 UTILITY COMMITTEE The Utility Committee reconvened at 8:54 p.m. with Council President Hare presiding. Update on Stormwater Design Projects (Informational Item) Mr. Matthew Harline, Acting City Manager, provided an update on the Stormwater Design Project. Update on Silver Lake Dam Inspection (Informational Item) Mr. Matthew Harline, Acting City Manager, provided an update on the Silver Lake Dam Inspection. Update on the Decommissioning of the McKee Run Power Plant (Informational Item) Mr. Matthew Harline, Acting City Manager, provided an update on the decommissioning of the McKee Run Power Plant. Mr. Neil moved for adjournment of the Utility Committee meeting. The motion was seconded by Mr. Sudler and unanimously carried. Meeting adjourned at 9:02 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 9:02 p.m. William F. Hare Council President WFH/JT/tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2021\01-26-2021 CCW MINUTES.wpd

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