CCW

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on September 12, 2023, at 6:07 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler (arrived at 6:10 p.m.). Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Iriowen (Utility), Mr. Shevock (via WebEx), and Ms. Smith (Legislative, Finance, and Administration). Mr. Pugh (Utility) was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt, and unanimously carried. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. GIS Utility Network Wastewater Upgrade – Sole Source Vendor (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis of the GIS Utility Network Wastewater Upgrade. Staff recommended awarding the contract to Environmental Systems Research Institute, Inc. (ESRI), for the GIS Utility Network Wastewater Upgrade, for the amount of $138,700.) Responding to Mr. Boggerty, Mr. Lyon stated that ESRI has proprietary rights over the infrastructure that is used for the GIS platform. The City of Dover has been working with ESRI for many years, but Mr. Lyon stated that he is not sure when the agreement with them started. Mr. Lyon stated that he could research when the initial agreement with ESRI may have started. Ms. Arndt stated that she has worked with ESRI in the past and they are known as the go-to as far as GIS platforms. Dr. Iriowen stated that he uses the ESRI platform with his graduate students and they are very good to work with. Mr. Neil moved to recommend approval of the staff’s recommendation. The motion was seconded by Mr. Anderson and unanimously carried. Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objections the meeting adjourned at 7:02 p.m.

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 12, 2023 PAGE 2 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury, and unanimously carried. Authorization to Purchase – Replacement of Squad 2 (Chief David Carey, Dover Fire Department) Chief David Carey, Dover Fire Department, reviewed the background and analysis regarding the Authorization to Purchase – Replacement of Squad 2. Staff recommended approving the purchase of a Squad 2 replacement. Responding to Mr. Sudler, Ms. Peddicord stated that Chief Carey, the City Manager, and she had met to discuss the financing options. Ms. Peddicord stated that they are looking to save the city as much money as possible, while still getting the equipment that is needed. Responding to Mr. Lewis, Chief Carey stated that the current truck is put up for sale and sold to the highest bidder. The money collected from the sale is then used to equip the new truck. For example, Engine 1, was bought almost two years ago, and the equipment for it cost $97,000. The truck that it replaced was sold for $75,000, so $22,000 of the equipment money came from the fire company’s funds. Those funds are received through grants and aid from the state, county appropriation, and fund drives. Responding to Ms. Smith, Chief Carey stated that at the last meeting, it was approved to replace the truck that is on the current fiscal budget and would be delivered in 28 months. Chief Carey stated that the truck being presented now would be replaced in three years but by signing the contract now it will save the city $336,000. Responding to Ms. Arndt, Chief Carey stated that if the purchase of Squad 2 is approved the next truck would not be purchased until 2029. Responding to Mr. Sudler, Chief Carey stated that signing the contract only guarantees the price and does not affect the parts. Chief Carey stated that there will be a redesign in 2025 for emissions. There is a change in the engines and what the EPA is requiring for emissions, however, the two trucks will fall into that so the price increase will not change the cost of the trucks. Mr. Sudler moved to recommend authorizing the purchase of Squad 2, as recommended by staff. The motion was seconded by Mr. Lewis and unanimously carried. Evaluation of Bids – Street Program FY2023C (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis of the Evaluation of Bids – Street Program FY2023C.

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 12, 2023 PAGE 3 Staff recommended awarding the contract to Grassbusters Landscaping Co., Inc. for the City of Dover FY2023C Street and Alley Program, Bid #23-0020PW, for the amount of $933,294. Responding to Mr. Sudler, Mr. Lyon stated that for clarification, Mr. Wolfgang is in the Central Services department, and they do the bids for the entire city. Mr. Lyon stated that on the website there is a big button called Purchasing. When you click on that you will see Open Bids/RFPS, and as a contractor or vendor, you can see what is available. Furthermore, you can click on the other button called Closed Bids/RFPS and see who was awarded the bid and who submitted bids on projects for the last three years. Ms. Smith stated that she would like to recommend that the city have an orientation for vendors to understand the process of bidding with the city. Ms. Smith stated that maybe that would help with getting the word out and understanding what the process is all about. Mr. Bobby Wilson, 32 West Loockerman Street, Suite 101D, stated that there needs to be a mandatory pre-bid meeting. Mr. Wilson stated that using the website will only provide information about the contractor who was selected. Mr. Wilson stated that by holding a mandatory pre-bid meeting, they can build relationships with the different contractors and keep the business in Dover. Mr. Wilson stated that the larger contractors can hire the smaller contractors and provide people in the city with employment. Responding to Ms. Smith, Mr. Anderson stated that she was correct and that it depends on whether the company has the capacity to handle the project themselves. Most contractors have a number of subcontractors because most companies in a larger contract do not handle everything alone. Mr. Anderson stated that Mr. Wilson is right and that there is a way to encourage looking at local employment for a percentage of that. Mr. Anderson stated that it is complicated because the taxpayer’s money must be safeguarded in the best deal on one side while looking at the local community and making sure that people get jobs and advance their small businesses on the other side. Mr. Neil moved to recommend the use of Grassbusters Landscaping, as recommended by staff. The motion was seconded by Dr. Pillsbury and unanimously carried. Proposed Ordinance #2023-10 – Amending Chapter 114 – Vegetation, Article II – Weeds (Mary Ellen Gray, Planning and Community Development Director) Ms. Mary Ellen Gray, Director of Planning and Community Development reviewed the background and analysis of the Proposed Ordinance #2023-10. Staff recommended amending the code as requested. Responding to Mr. Rocha, Ms. Gray stated that if the ordinance was implemented then there would be an additional two-day grace period to the violation process. Ms. Gray stated that they would have two days to mow the grass and if they did not then the summons part of the ordinance would start and that would be a seven-day period. They would then have seven days to mow the grass and if they did not then the vendor would mow the grass. The City of Dover’s cost is based on the State of Delaware’s contracted vendor.

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 12, 2023 PAGE 4 Responding to Mr. Rocha, Eddie Kopp, Chief Code Enforcement Officer stated that the previous amount for grass-cutting services was $50 an hour. Responding to Mr. Rocha, Mr. Kopp stated that the vendor, due to the cost of everything going up, raised the fees earlier in the year to $65 an hour, and that vendor is Priority Services. Priority Services is the same vendor contracted through the State which is why code enforcement uses them. Responding to Mr. Rocha, Mr. Kopp stated that it is reflected in the new ordinance, the language used in Appendix F is a minimum of $50. Responding to Mr. Rocha, Mr. Kopp stated that it is trespassing if code enforcement were to walk onto a property for any reason to obtain a violation. Mr. Kopp stated with the new door hanger, is an eight-inch ruler which the constituent can use to measure their own grass and then contact code enforcement to challenge their decision. If that person contacts code enforcement, they can then go out and see what height the grass measures at without trespassing. Responding to Mr. Rocha, Mr. Kopp stated that code enforcement takes the violation picture from the public right of way. As long as code enforcement is posting the property and not obtaining any violation or any further violations, then they are not trespassing. Responding to Mr. Sudler, Mr. Kopp stated that the door hanger would be placed on the property’s door as the first warning, giving the owner 48 hours to cut the grass. If the grass is not cut in 48 hours, then the first citation will be sent via certified mail. When the owner has failed to cut the grass and the final citations have been issued, code enforcement waits seven days from the green receipt of mailing that is stamped with the postmark from the United States Postal Service to schedule the grass to be cut. Mr. Sudler stated that he would like to see code enforcement send out a mailer with the electric bill giving constituents a 60-day notice of the ordinance change. Responding to Mr. Sudler, Mr. Kopp stated that the door hanger will have the date and time that the violation was observed as well as a follow-up date, time, and the inspector’s information. Responding to Mr. Sudler, Mr. Kopp stated that the contractor gives a set price at the beginning of the year for the entire year. The only time the rate would be higher would be in the event that a property is a few acres, and the contractor has to spend several hours cutting it. Then they may bill the city at the rate times how many hours spent cutting the property. Mr. Rocha recommended that it be included on the door hanger that if someone has an extenuating circumstance, they are to reach out to code enforcement and communicate with them. Ms. Arndt stated that by adding the verbiage that the cost be tied to the contracted rate, it might be considered to add a percentage of an administrative fee to cover the cost of distributing the door hanger, distributing the violation, and any of the other related paperwork. The administrative fee

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 12, 2023 PAGE 5 would allow the city to recoup some of the cost associated with the staff’s time as well as the fee to mow the lawn. Responding to Ms. Gray, Mayor Christiansen stated that the language should state the city’s contracted rate. Mr. Neil moved to replace the language to say, at the city’s contracted rate. The motion was seconded by Mr. Rocha. Responding to Ms. Arndt, Ms. Gray stated that she would have to review the code as well as check with the City Solicitor. Mr. Neil moved to recommend replacing the language at the city’s contracted rate. The motion was seconded by Mr. Rocha and unanimously carried. Mr. Sudler moved to give constituents a 60-day notice of the amendment to the ordinance via the electric bill and other means deemed appropriate by the City Manager. The motion was seconded by Mr. Rocha and carried with Ms. Arndt voting no. Actuary Services Contract – Pension(s) and Other Post-Employment Benefits (OPEB) (Lori Peddicord, Controller/Treasurer) Ms. Lori Peddicord, Controller/Treasure reviewed the background and analysis of the Actuary Services Contract. Staff recommended awarding a five-year contract, the first year of work is to occur beginning FY24, to Bolton for valuation services totaling $108,100 as quoted in their response to the City of Dover RFP#23-0017FN – Pension and Other Post-Employment Benefits (OPEB) Actuarial Services and Benefit Consulting.) Mr. Hare moved to recommend awarding the contract to Bolton, as recommended by staff. The motion was seconded by Mr. Sudler and unanimously carried. Proposed Ordinance #2023-09 – Project Carry-Forward Budget Balances/Proposed Budget Amendments (Lori Peddicord, Controller/Treasurer) Ms. Lori Peddicord, Controller/Treasure reviewed the background and analysis of the Proposed Ordinance #2023-09. Staff recommended approval of the proposed budget amendments totaling $37,845,241 for Fiscal Year 2024 and adoption of Proposed Ordinance #2023-09. Mr. Hare moved to recommend approval of the proposed budget amendments, as recommended by staff. The motion was seconded by Mr. Rocha and carried by a roll call vote of ten (10) yes and one (1) absent (Neil). Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 7:30 p.m.

COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 12, 2023 PAGE 6 Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 7:30 p.m. William F. Hare Council President RS/re \\VMFILEPRINT\CityClerk\AGENDAS-MINUTES-PACKETS\Committee-Minutes\2023\09-September\09-12-2023 CCW.docx