Minutes

REGULAR COUNCIL MEETING The Regular Council Meeting was held on August 11, 2014 at 7:30 p.m. with Council President Bonar presiding. Council members present were Mr. Dixon, Mr. Lynn, Mr. Perza, Mr. Slavin, Mrs. Williams, Mr. Hare, and Mr. Hutchison. Mr. Anderson was absent. Council staff members present were Police Chief Bernat, Mrs. Mitchell, Mr. Koenig, Mrs. Townshend, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present. Fire Chief Carey was absent. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Bonar declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS At the request of Dr. Mattern’s family, Council President Bonar requested that item #2 - Certificate of Congratulations - Dr. Michael L. Mattern be deferred until September 8, 2014. Mr. Perza moved to defer item #10, Tentative Labor Contract with American Federation of State, County and Municipal Employees (AFSCME), until August 25, 2014 to allow the opportunity for additional information to be obtained and for the presence of all members of City Council, noting that Mr. Anderson was absent. The motion was seconded by Mr. Dixon and carried with Mr. Lynn voting no. Mr. Hutchison moved for approval of the agenda as amended, seconded by Mr. Dixon and carried by a unanimous roll call vote (Anderson absent). Mr. Slavin moved for approval of the consent agenda as presented, seconded by Mr. Hare and carried by a unanimous roll call vote (Anderson absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 28, 2014 The Minutes of the Regular Council Meeting of July 28, 2014 were unanimously approved by motion of Mr. Slavin, seconded by Mr. Hare and bore the written approval of Mayor Christiansen. PRESENTATION BY DELAWARE DEPARTMENT OF TRANSPORTATION (DELDOT) - HIGH INTENSITY ACTIVATED CROSSWALK (HAWK) SIGNAL LOCATED AT HEATHERFIELD WAY AND ROUTE 8 (NEW DOVER HIGH SCHOOL EAST ENTRANCE) Mr. Mark Luszcz, Chief Traffic Engineer with the Delaware Department of Transportation (DelDOT), reviewed a Presentation - Route 8 & Heatherfield Way: Pedestrian Hybrid Beacon, which included a brief video (Exhibit #1). He noted that a Pedestrian Hybrid Beacon is also known as a High Intensity Activated Crosswalk (HAWK). He advised members that there are over 100 of these

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 2 devices in Phoenix and being successfully used all over the country. He noted that the significant difference between the HAWK and a regular traffic signal is that during the “countdown” phase, a pedestrian that has started to cross the road may continue but if the pedestrian had not already started, they may not begin to cross. During the “countdown” phase, the vehicular heads go to a flashing indication, which is treated like a stop sign. Responding to Mrs. Williams, Mr. Luszcz explained that once the “countdown” is complete, a solid hand appears for the pedestrian traffic. He indicated that there is a pre-programmed amount of time that allows vehicular traffic to flush and that a legally behaved pedestrian would push the button and wait to get the walk indication. He stated that there is no difference between any other type of traffic signal and the HAWK involving those pedestrians that choose to ignore the signal. Referring to the University of Delaware Campus in Newark, Mrs. Williams stated that the difference is the rate of speed and that, at the Campus, on several occasions she witnessed swarms of pedestrians continuing to cross the street when the signal had indicated otherwise. She also relayed concerns regarding the vehicular traffic being stopped for a period of time to allow the pedestrian crossing and it backing up to other major intersections (Dover/Kenton Road and Saulsbury Road). Mr. Luszcz stated his familiarity with the cross-walk at the University of Delaware and that there are no guarantees that a pedestrian will obey the law (signal). Currently, he stated that this intersection would not qualify to be a part of the red light enforcement program. He noted that such intersections are included as a last resort as a safety solution. If the HAWK does not work, he stated that it has been design to easily convert to a full traffic signal; however, he stated many of the concerns relayed would remain even if there was a full traffic signal. Mr. Lynn recalled that when this matter was previously considered by the Safety Advisory and Transportation Committee and City Council, members felt that a full traffic signal should be installed and he continues to feel that the intersection warrants such. He relayed concern that there is going to be a traffic crisis on Route 8 once the school opens. Mr. Lynn requested that Secretary Bhatt consider holding a workshop with City Council in order to prepare for the opening of the new Dover High School, and the resultant traffic crisis that he believes will occur. Responding, Mr. Luszcz stated that the school districts own engineering firm indicated in their report that a traffic signal was not justified for the location. After reviewing the report, DelDOT accepted and agreed with the results. He advised members that there are several locations where DelDOT had, in the past, installed traffic signals simply by being “politically strong-armed”, and the result has made matters worse; therefore, DelDOT scrutinizes the situation prior to the installation of traffic signals. He noted that a full traffic signal is being installed for the west side entrance of the School. Mr. Hutchison confirmed that the Safety Advisory and Transportation Committee reviewed this matter at length and noted that everyone’s number one concern was safety. He felt confident that the Police Department will have presence near the school and will re-educate drivers about entering a school zone. Mr. Hutchison felt confident that the HAWK system would serve the needs of the City at the new Dover High School; however, he felt that this system would only work with the cooperative efforts of the Police Department. Responding, Chief Bernat stated that he met with Dr. Thomas, Superintendent with the Capital School District, and will be meeting with the High School Principal. He stated that the Dover Police Department will be present on th Saturday, August 16 , for the semi-opening and that police officers will be at this school, as well as other schools, during the first week of school.

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 3 Mr. Luszcz relayed appreciation for the police presence and noted that DelDOT is meeting with students to explain safety issues for crossing a street, noting that pedestrians should never trust that a traffic signal will stop vehicles. Mr. Lynn suggested that the video be provided to the media. Council President Bonar thanked Mr. Luszcz and emphasized the need for Secretary Bhatt to be made aware of the City’s grave concern regarding the safety of pedestrian and vehicular traffic at the new Dover High School. It was his feeling that, once school starts, the intersection will warrant the installation of a full traffic signal. PROPOSED FINANCIAL REFORMS - PUBLIC SAFETY FUND (Legislative, Finance, and Administration Committee Report of July 14, 2014) During their Regular Meeting of July 28, 2014, City Council considered the recommendation of the Legislative, Finance, and Administration Committee of July 14, 2014 for the approval of the proposed financial reforms related to Public Safety. At that time, members were advised that Mrs. Donna Mitchell, Controller/Treasurer, had expressed concerns and requested an opportunity to gather additional information. Having been out of town, Mr. Slavin had not had the opportunity to meet with Mrs. Mitchell, which he planned to do during the week; therefore, he requested that this matter be deferred until the Regular Council Meeting of August 11, 2014. Mr. Slavin stated that he met with Mrs. Mitchell and advised members that there are no further concerns. An excerpt of the July 14, 2014 Committee Minutes were provided to members for their information. As a reminder, he stated that the reforms will take the form of a report presented to Council two (2) times: once upon the delivery of the proposed budget in May and the other upon the adoption of the budget in July. The report will show expenses of the public safety categories that have been identified, mapped against the revenues that have been identified to support the expenses, how much of a gap there is, and what the trend is for closing the gap over a 20 year period. Mr. Slavin moved for approval of the Committee’s recommendation for the approval of the proposed financial reforms related to Public Safety. The motion was seconded by Mrs. Williams and carried by a unanimous roll call vote (Anderson absent). DOVER HUMAN RELATIONS COMMISSION REPORT - JULY 22, 2014 The Dover Human Relation Commission met on July 22, 2014 with Mr. Ruane presiding in the absence of Chairman Wilson. Presentation - Dover Public Library Created Equal Project Members were provided a brochure regarding the film series, “Created Equal: America’s Civil Rights Struggle,” being offered by the Dover Public Library and co-sponsored by the DHRC and Delaware State University. Mr. Ruane advised members that the first session of the Created Equal Project had been held at The Schwartz Center and was very successful, with approximately 350 people attending.

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 4 Ms. Michelle Hughes, Head of Adult Services, Dover Public Library, advised members that the Created Equal Project was the result of a grant through the National Endowment of the Humanities in partnership with the Gilder Lehrman Institute of American History. She noted that the Dover Public Library was very fortunate to be one of a few institutions nationwide that were awarded this grant. A steering committee was formed in an effort to reach as broadly into the Dover community as possible and the first event was held on July 2, 2014 in conjunction with the celebration of the 50th anniversary of the signing of the Civil Rights Act of 1964. Ms. Hughes noted that the film series would be expanded to run at the library through September and that she was reaching out to Dover High School to coordinate tours for students to come and view clips of the four (4) documentaries offered. She explained that this was one (1) example of some of the cultural programs that the library provides for the community. In addition, between the beginning of January and February 20, 2015, a traveling display from the Smithsonian Institute called “Changing America,” also focusing on the time frame of 1863-1963 and documenting civil rights movements, would be at the library and staff was in discussion with the Delaware Office of Historical and Cultural Affairs to plan programming around this exhibit. Ms. Margery Cyr, Director, Dover Public Library, stated that the Changing America program would be provided through a separate grant and, between the two (2) grants (Created Equal and Changing America), the library was able to schedule events spanning nearly a year to celebrate the achievements of the United States over the last 100 years in terms of diversity. Ms. Cyr stated that the Dover Public Library’s vision is “that Delaware libraries are leaders in connecting and inspiring a lifetime of discovery.” Its mission is “to connect people to a variety of resources and services that inform, educate, and entertain,” and staff had been able to focus on developing that mission in their new building. She explained that providing books is only one (1) of the library’s services; the library is also a community center, and staff time and resources go to developing cultural and enrichment programs that benefit all members of the community. The July issues of the Dover Public Library newsletter, “In the Stacks” and teen newsletter, “The Loft News” were distributed to members and Ms. Cyr requested that the Clerk’s Office forward these monthly newsletters to members via email in the future. She highlighted information regarding teen events in the newsletter, noting that the library has a very active teen program. Ms. Cyr stated that staff works very hard to ensure that the community is represented with program planning and development and that all of the needs of Dover’s diverse community are being met. She explained that staff relies on the public to provide feedback and let them know if themes, genres, or audiences are being missed. Responding to Ms. Smith regarding how the library handles publicity regarding its offerings, Ms. Cyr informed members that press releases are issued to local newspapers and the library has a Facebook page, an “email blast list” for a weekly newsletter, flyers available in the library, and sometimes advertisements on the radio.

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 5 Mr. Ruane noted that the steering committee for the Created Equal program performed outreach into the church community. Ms. Hughes stated that the speakers for the event were interviewed for “The Green,” a segment on the National Public Radio (NPR) station in the area, and Mr. Harold Stafford, Chief Executive Office, The Stafford Firm, helped by distributing flyers at the African American Festival which was held the weekend prior to the July 2nd event. Other community members also performed outreach, which helped tremendously. Mr. Ruane stated that members had previously discussed partnering with other organizations and institutions as part of its strategic plan, and noted that the library was a resource that the DHRC would want to participate with. Responding, Ms. Hughes stated that the Changing America project was the next such partnership opportunity and there was a need to develop adult programming around it. She noted that the Delaware Office of Historical and Cultural Affairs had offered to help and staff was in the early stages of planning with this office; therefore, she felt that this would be a good time for a related discussion with the DHRC. Ms. Smith commended staff for the work they were doing and requested that the “Created Equal” flyer be forwarded to members for viewing, printing, and distribution. Ms. Cyr agreed to provide this to the City Clerk’s Office. Mr. Henderson stated that he was a member of the Interdenominational Ministerial Association, consisting of 19-20 pastors from some of the larger area churches and indicated his willingness to serve as a conduit for information of this type. He expressed his interest in issues regarding immigration, particularly in regard to Dover’s Hispanic community. Noting that the DHRC was formulating specific objectives, Mr. Ruane suggested that one (1) of them may be to partner with the library, perhaps by having one (1) or two (2) members of the DHRC volunteer to be part of future event steering committees. Mr. Ruane noted that the Created Equal program would continue on the following day, July 30, 2014, at 2:00 p.m, with the presentation of a documentary entitled, “The Abolitionists,” followed by a discussion. Ms. Hughes explained that the format for the series included a general overview of the time period by a professor or humanities expert, viewing of a film, and fielding questions from the film. The audience is then directed to consider inequalities in regard to freedoms that exist today. She noted that films would be offered every other Wednesday. Mr. Ruane requested that the DHRC be contacted for participation whenever these types of programs are offered, and perhaps the DHRC could offer assistance and eventually become a genuine co-sponsor. He expressed appreciation for inclusion of the DHRC on the current event.

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 6 Ms. Cyr briefed members about an issue that arose recently in the Cape Henlopen School District regarding the removal of a book from the District’s summer reading list for freshman students, and Mr. Ruane asked members to consider whether the DHRC might become involved if a similar issue arose in the Capital School District. Development of DHRC 2014-2017 Strategic Plan/Discussion - DHRC Organizational Structure During the Special DHRC Workshop held on July 8, 2014, members were asked to develop three (3) proposed Specific, Measurable, Achievable, Realistic, and Time-based (SMART) objectives for the Commission, provide input regarding their views of the role of the Commissioner, and review the mission and vision statements that were proposed during that meeting. Members were provided the responses to the July 8, 2014 assignment. Mr. Ruane reviewed the following suggested objectives from his own submission: • In cooperation with the City of Dover’s Management and its Human Resources Department, evaluate and make recommendations that will improve the City of Dover’s Equal Employment Opportunity and Affirmative Action Program, beginning with attendance at its Diversity, Respect and Harassment Training sessions in August and October, 2014. (See Sec. 58-36 (1) Dover Code of Ordinances and Article IV Section 4. B. of the Dover Employee Handbook - Revised 2004). • To co-sponsor and actively participate in the Dover Public Library’s Created Equal Project by attending the film series and moderated discussion. July - September, 2014. Mr. Ruane reminded members that diversity training sessions would be offered by the City’s Human Resources (HR) Department and that, during the Special DHRC Workshop held on July 8, 2014, members were encouraged to attend one (1) of these sessions. This would allow members to learn what kind of diversity training is being provided to City employees, whether the workforce is reflective of the community, and whether those within the workforce are being treated fairly. Mr. Ruane noted that that Section 58 - 36 of the Dover Code indicates that the DHRC should be looking at City programs and making recommendations regarding inclusiveness, civility, and communication and understanding and that a section of the City of Dover Handbook specifically mentions participation by the DHRC. He emphasized that it would be helpful for members to advise the City Clerk which sessions they might like to attend so that they could inform the HR Department and ensure that members cover different sessions. Responding to Mr. Henderson, Mr. Ruane explained that the library effort was a one (1) time project based on the anniversary of the 1964 Civil Rights Act, although, as Ms. Cyr stated, a similar program would be offered in the future. He felt that the library could be a prime group for the DHRC to partner with, possibly through the

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 7 participation of one (1) or two (2) members on the steering committees for these types of events. In this way, the DHRC could help the library make programs more relevant and inclusive, etc., while allowing for good use of resources, noting that one (1) of the DHRC’s weaknesses was a lack of staff. During the Special DHRC Workshop held on July 8, 2014, it was suggested that the DHRC vision statement be: “to gain the respect and trust of the community and constituents so that they would believe the Commission will accomplish what they ask the Commission to do.” Ms. Smith expressed her opinion that this sounded like an objective, rather than a mission, since gaining the respect and trust of the community could be accomplished within the short term. She felt that a vision should be applicable in the future and should state “what the City should feel like, look like, and be like,” and the objectives should flow from this vision. She suggested that a possible vision would be: “Our vision is a city whose government, organizations, groups, and individuals value diversity, respect, and trust.” Mrs. Sadusky and Mr. Henderson concurred with this vision statement. Responding to Mr. Roach’s statement that in instances where the values of diversity, trust, and respect are not adhered to, these issues would come to the DHRC to be handled appropriately, Mr. Ruane noted that the vision statement could also state that the Commission has a role in making this happen. He suggested that Ms. Smith’s draft mission and vision statements be used as a basis for members to review and provide their comments during the next meeting. Ms. Smith questioned if the vision was warm, inviting, or engaging enough. Mr. Ruane indicated that the DHRC would look at City programs and policies to make sure they are inclusive and advise Council in this regard. The DHRC would also be concerned with changing attitudes in the community. He recommended incorporating the change agent/advocacy role of the Commission in its mission statement. In reviewing the objectives that she had submitted for the Commission, Ms. Stewart stated that her objectives followed the City of Portland’s model, as discussed during the July 8th Special Workshop. She summarized these objectives, as follows: 1) Discovery - partnering with various statewide groups to cultivate relationships; 2) Visibility - enhancing the DHRC’s visibility, noting that the website could be updated and could include links to events and other organizations to provide more information; and 3) Education - participating in educational events, such as going to training offered through the City, going out to partnership events, and being active in the community. Mr. Ruane noted that the objectives submitted by Ms. Stewart and Ms. Sadusky had commonality in terms of addressing a communications plan; therefore, a general objective might be to create and implement a comprehensive communications plan, noting that Mrs. Sadusky had listed specific action steps to enhance the visibility of the DHRC.

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 8 Mr. Ruane stated that, in terms of the DHRC organizational structure, the Code seemed to suggest that the DHRC work as a whole; however, it also acknowledged that agreements and partnerships could be established. He felt it possible that the organizational structure would allow for functional committees to be formed to accomplish specific tasks. He suggested that if there were volunteers for a communications committee, these members could take all the ideas relating to communications and develop an objective involving communications. He noted that both Ms. Stewart and Mrs. Sadusky had included the website as a means to communicate. Concurring, Ms. Stewart stated that the current DHRC webpage should be updated and Ms. Smith stated that the website needed copy and pictures. Mr. Ruane stated that a handout regarding the DHRC could also be developed and that the objectives submitted by Chairman Wilson also included the need to provide news releases and flyers. Ms. Smith suggested that members could brainstorm as a group about issues taking place in the City and put together articles for submission to the newspapers; for example, this could be done by members attending the library’s Created Equal Program events. This would be a way to show the DHRC’s support and demonstrate active involvement. Mr. Henderson stated that he owned one (1) of the films in the series, “Slavery by Another Name,” and offered to write something about this. Responding, Ms. Smith suggested that any articles written be distributed to members before submission to the newspaper so that members are all “on the same page.” Mr. Ruane stated that a distinction would be made between comments made as individuals versus those made as members of the DHRC. However, he felt that members should feel free to comment as citizens on issues that touch their hearts or minds, without necessarily identifying themselves as Commissioners. This would show that commissioners are actively involved in the serious issues of the community. Mr. Ruane stated that one (1) of the objectives submitted by Mrs. Sadusky was that “The DHRC will design a plan as to how it will address concerns brought to us from community members or organizations by November 15, 2014.” Mrs. Sadusky indicated that since members had already received an email from a community member stating a concern, it was important to have a plan as to how to go about addressing problems. Mrs. McDowell explained that she had spoken with Chairman Wilson during the previous week and that he requested that the City Solicitor attend a DHRC meeting, which was being scheduled for September 23, 2014, to discuss how these requests would be handled. She provided members with the City of Dover Human Relations Commission Intake Form that was previously used by the DHRC, for their review. Mrs. McDowell reminded members that there is a fine line between issues that the DHRC can address and those they cannot. Mr. Ruane explained that he and

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 9 Mr. Wilson had also submitted objectives for the DHRC relating to this topic and that his own proposed objective was “to develop and adopt by October 2014 a Memorandum of Understanding (MOU) with the State Human Relations Commission that will delineate the roles and procedures of the two commissions in the solution of alleged discrimination complaints which fall within the jurisdiction of the State Human Relations Commission and identify specific ways the two commissions will work together.” He reminded members that the ordinance that the DHRC is mandated to follow is very specific that the City did not intend to duplicate the effort of the State Human Relations Commission (SHRC); therefore, if a complaint falls within the SHRC’s jurisdiction, the DHRC’s role is to move it forward to the SHRC since they have the staff, expertise, and law behind them. Mr. Ruane advised members that the City of Dover does not have an anti-discrimination ordinance; however, the State does have such an ordinance which is backed by subpoena rights, and also has the resources to handle it, including a complaint-taking and public hearing process, legal forms, subpoena rights (which the City does not have), etc. He suggested that, rather than developing a DHRC complaint form, that individuals complaining about discrimination be provided the State form, and possibly assistance filling out the form. He recommended that a written understanding with the State be developed stating that they will address issues and keep the DHRC informed on the status of complaints. He noted that the focus of the City’s ordinance is on interaction between groups or practices on the part of the City that are not inclusive or fair. Mr. Henderson indicated that a former Commissioner had expressed frustration to him that she was not clear that she was doing any good. He questioned where members had “teeth,” indicating that he wanted to make a difference. Ms. Smith expressed her understanding regarding Mr. Henderson’s comments; however, stated that she did not have the background to process racial, sexual, and religious issues and had not been trained to be a mediator. Mr. Henderson noted that the only thing that Rosa Parks did was “not get up,” which did not take a commission or expertise. He stated that children in junior high and high school were being persecuted due to race or sexual orientation and he wanted to make sure that these problems are addressed. Mrs. Sadusky stated that Commissioners could act as liaisons to make sure that the school was aware of these issues and addressed these issues and follow up. She questioned why the DHRC would do this if the SHRC was already doing it, noting that there were many things that the DHRC could do to help to grow trust. Mr. Henderson stated that it would be helpful if the State commissioners came to brief the DHRC and for the SHRC to be aware of the DHRC and its goals.

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 10 Concurring, Ms. Stewart suggested that State Commissioner(s) attend the next DHRC meeting. She explained that the SHRC has a website with a complaint form very similar to the one (1) previously used by the City of Dover, as well as a list of the issues that they handle. Mrs. McDowell explained that Chairman Wilson wanted members to review the previously used intake form, suggest revisions, and consider the suggestion of providing the State’s form to those filing complaints. She explained that the Code states that the DHRC cannot handle matters that are under another jurisdiction. Mr. Ruane stated that there would still be much for the DHRC to do, noting that the Commission has the opportunity to change a whole system, not just respond to an individual’s complaint. He felt that the challenge was to make a difference with the City of Dover, its officials, Council, policies, programs, services, and individuals. Mrs. Sadusky expressed her opinion that the DHRC could also be proactive by having forums or providing education on matters that they feel are not being addressed. Mr. Ruane noted that many of the objectives brought forward emphasized educating the community. In addition, he noted that the Dover Code provides for the DHRC to be part of the solutions for any community-wide conflicts that may arise. He suggested that, within the next three (3) years, members should become informed enough to do this, and that perhaps some members would be willing to take training on mediation and reconciliation, so that members could become a resource in partnering with others in such instances. Referring to the objectives provided by Mr. McGiffin that referred to the status of human relations in the City of Dover, Mr. Ruane noted that the DHRC was not aware of human relations issues in the City at this point. Ms. Smith concurred and suggested that a measuring tool be created to gauge the status of human relations. She felt that it would be difficult to address issues if it were not known what people are thinking or feeling; it is important to know what, who, and why members are serving. Mr. Ruane noted that the City conducted a citizen survey in 2008 and a section on diversity was included. He suggested that the college community could be encouraged to do a survey to obtain statistics on the City of Dover regarding racial demographics and the availability of specialized programs. Mrs. Sadusky reviewed the seventh objective for the Commission that she submitted, “The DHRC, in cooperation with Citizens for Criminal Justice Reform, will compile a list of employers in Kent county who are committed to interviewing ex-felons who have re-entered our community and are now seeking gainful employment by

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 11 January 30, 2014.” She explained that this objective arose from her volunteer service at a prison and expressed her interest in helping sex offenders who are being released from prison, as well as assisting to improve their lives while in prison. Mrs. Sadusky stated that Mr. Ken Anderson, an attorney who was formerly incarcerated, had been working on this issue and she contacted him to see if he was aware of anything that the DHRC could do to help, noting that those released from prison have a very “tough road” ahead of them. Mr. Anderson mentioned that the Dover Interfaith Mission for Housing received a grant for $100,000 to work with former prisoners and was attempting to develop a list of employers who would be willing to at least interview for employment ex-offenders who had been screened by the Interfaith Mission. Mr. Anderson was interested in obtaining a letter from the Mayor/City of Dover endorsing this program, that would be provided when approaching prospective employers to be added to the list. Mrs. Sadusky stated that such a letter had been drafted. Mrs. McDowell stated that this project would have to be approved by Council. Ms. Smith suggested, if this matter were brought before Council, that all members of the DHRC appear in order to support it. Mr. Ruane stated that if the City of Dover were not on the list, the DHRC would have an opportunity to review the matter and suggest that this policy be changed. He suggested that members keep in mind that the first focus is on the City of Dover which is a big job and a big opportunity. Mrs. McDowell stated that, if there were a timeliness issue, Mrs. Sadusky could bring this matter forward as a private citizen to City Council, since a presentation had not been made to the DHRC and the Commission had not voted to recommend this program to Council. Mr. Ruane stated that it might present a problem for the City of Dover to send a letter to someone else urging them to act on something that the City itself was not doing. Mrs. McDowell stated that the next meeting of the DHRC would be scheduled for September 23, 2014, with the time to be determined. Members stated that 5:30 p.m. was agreeable. Ms. Stewart indicated that she was acquainted with the Director of the SHRC and offered to contact her to see if she could attend and provide a presentation regarding the SHRC’s function. Responding, Ms. McDowell suggested talking to Chairman Wilson to see if he wanted to schedule both the City Solicitor and the SHRC to attend the same meeting. Commission Members’ Announcements There were no announcements from Commission members.

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 12 By consent agenda, Mr. Slavin moved for acceptance of the Dover Human Relations Commission Report, seconded by Mr. Hare and carried by a unanimous roll call vote (Anderson absent). SPECIAL UTILITY COMMITTEE REPORT - JULY 24, 2014 A Special Utility Committee Meeting was held on July 24, 2014 with Chairwoman Williams presiding. Energy Risk Management - Overview and Training Mr. Scott Koenig, City Manager, indicated that this meeting was scheduled specifically to explain the Hedge Purchase Program that the City uses to stabilize the price of power for residential, business, and industrial customers. He introduced Mr. Rob Trinnear, The Energy Authority (TEA), who serves as the City’s expert and would be presenting the information. Mr. Koenig noted that the City receives a lot of support from TEA for all aspects of the Hedging Program. Mr. Koenig introduced the City’s new Electric Director, Mr. Harry Maloney, noting that Mr. Maloney had been in the business for over 30 years; retired from the City of Vineland, New Jersey; and is acquainted with Mr. Kirk Betts, the City’s utility attorney, through that career. Mr. Koenig advised members that the City of Vineland’s system is very similar to Dover’s and is experiencing some of the same challenges and issues as the City of Dover, and that Mr. Maloney was familiar with the Pennsylvania-New Jersey-Maryland (PJM) Interconnection and all its intricacies from working in that environment. Mr. Maloney confirmed that the City of Vineland faced many challenges, such as being approached by Atlantic Electric for over 100 years regarding the purchase of their system, Council members who felt that they could negotiate (although the City had a strong mayor form of government), etc. He stated that Vineland had a good administrator, who was on the payroll in 1920 and retired in 1970, and that this individual always maintained the utility and continued to build and protect assets, which kept the City whole and allowed Vineland to maintain control of its own rates and destiny, while remaining competitive. In addition, he stated that he had experience with labor negotiations, specifically with the International Brotherhood of Electrical Workers (IBEW). Mr. Hutchison welcomed Mr. Maloney and stated that members of City Council looked forward to working with him for the betterment of the City’s future. He stated that he was looking forward to Mr. Maloney’s 30-45 day assessment. Mr. Blakeman and Mr. Snaman introduced themselves, explaining that they were serving as civilian members of the Utility Committee. Mr. Snaman requested staff to provide information regarding the cost to produce electricity from the solar plant, not what the company pays. It was his understanding that the federal government subsidized costs and that there were other incentives

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 13 provided, which should be considered in the calculation. He explained that the City may need to consider the elimination of the tax breaks currently provided and questioned how this would affect the City. Responding, Mr. Koenig indicated that the contract with the solar park is a 20-year contract and that the pricing is fixed; therefore, any action taken regarding the tax credits would not affect what the City would actually pay, to his knowledge. He felt that the park’s revenue stream might be reduced over time but reiterated that this would not change the cost the City will pay since it is a scripted cost that will be paid over the length of the contract (20 years). Mr. Snaman again explained that his request was for the City’s cost. Responding, Mr. Koenig stated that although staff did not have the specific information at this time, some of the information could be obtained and provided at a later time. Elaborating, Mr. Maloney indicated that, often, companies will not disclose certain corporate information. Mr. Koenig reminded members that the City was one (1) of the first to sign a contract with the solar park and, as such, the City probably does not have the best contract price, explaining that being first in this instance does not equate to a better price. In regard to Energy Risk Management, Mr. Koenig stated that owning an electric utility requires a multitude of people and a lot of expertise and that today’s presentation represented a “snapshot” of what is discussed on a monthly basis in an attempt to provide power at the lowest possible cost. He reminded members that the State was interested in the cost of power that the cities are able to transmit to their business customers. Mr. Koenig stated that the City of Dover currently has the second lowest residential rate in the State, noting that the Lewes Board of Public Works has the lowest. He indicated that the City has not been as competitive on the commercial side (Dover Downs, Energizer, Procter and Gamble, etc.). Mr. Koenig stated that staff was concerned with these issues and was determining how they fit into the “big picture.” Mr. Trinnear reviewed a Presentation - Dover Hedging, July 2014. He advised members that he provides two (2) day seminars on risk management and hedging and that he had, as best as possible, condensed the information to 20 minutes for the presentation this evening. Mr. Trinnear stated that everyone is subject to some type of risk, such as the risk of being caught in a hurricane or losing a cell phone and that there are three (3) elements that must be considered in regard to risk: 1) the perception that something could happen; 2) the likelihood of something happening; and 3) the consequences of something happening. He advised members that the City of Dover has a power price risk. Mr. Trinnear explained that if prices increased and the City had to purchase power in the market at high rates, this would ultimately result in increases for the City’s ratepayers; therefore, a five (5) year hedging program was established to mitigate this risk. He noted that monthly meetings are held with the Risk

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 14 Management Committee (RMC) to review hedging recommendations and hedging prices, explaining that power prices could be fixed today going out for five (5) years. Mr. Trinnear informed members that there is a market for hedging that can be utilized. He stated that a market that is “liquid” is necessary, one (1) in which transactions can take place and a reasonable price can be obtained. Mr. Trinnear noted that some transactions cannot be hedged, such as PJM fees and extreme events that go outside normal distributions. As a result, the City has a Rate Stabilization Reserve for added protection as well as the power plant portfolio. However, Mr. Trinnear explained that in the winter the City runs on diesel fuel, which means the plant portfolio is very expensive. Since the plant runs only in extreme cases, it is not a true hedge for market prices. He noted that, during the winter of 2014, $240 - $360 per MWh costs were experienced for the power plant’s units; however, with a budget fixed at approximately the $60 - $80 per MWh range, this would created a large gap before reaching $240, where generation would mitigate some of that high-priced power and act as a hedge. Responding to Mr. Hutchison regarding whether, from an operational perspective, the City could prevent a recurrence of the high costs the City experienced in January 2014. Mr. Trinnear stated that during this period the City experienced much colder than normal weather and that extreme cold conditions would not be factored in the basis risk, since only normal distribution is considered when risk metrics are examined. However, he indicated that some risks could be identified, including the basis risk going from PJM West, where the hedges are, to the City of Dover, and he felt that these risks should be reviewed for possible hedging going forward. Mr. Trinnear felt that action would take place to ensure there would be enough oil, in terms of obtaining suppliers and ensuring their ability to refuel tanks. This would result in the City having more oil in storage than in the past. He stressed that it would be impossible to eliminate all risk. Mr. Blakeman questioned if the City should consider hedging natural gas purchases rather than electricity so that, in the event that gas prices spike five (5) years out, the City would have a commodity that could be sold for a higher price, which could be used to offset the increases in electricity. Responding, Mr. Trinnear stated that the PJM West market is robust on the power side and power can be sold back to another counterparty. He assured members that if power were not providing a benefit, an alternative, such as gas, would be considered. Generally, he stated that the preference would be to hedge the commodity that has the risk. In the current market, he felt that hedging power made sense; however, if it reached a stage where the market was not robust or some of the counterparties dropped out and a premium was being paid to transact hedges, hedging gas could be considered. Mr. Blakeman questioned if the City had more commitments for backup generation, whether this would it affect hedging going forward. Responding, Mr. Trinnear stated that this would transfer the risk. If gas were generated, then there would be fuel risk;

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 15 therefore, the power risk would be reduced and there would be gas risk, which would result in gas hedging. He noted that both the gas market and the PJM West market are robust and as a result, the hedging program can be adapted to whatever it needs to be. Mr. Blakeman stated his confusion that the budgeted price for hedged kilowatt hours is generally 2% - 8% higher than what is actually paid, as reflected on the monthly budget reports. Responding, Mr. Trinnear stated that although it is known what would be paid for three (3) years, additional hedges are layered on every month, which results in different numbers for the amount budgeted and actual expense. He stated that the volume of hedges constantly increases. He confirmed that the hedges added after the budget was finalized were below the budget price, which is why it is reflected in this way on the budget reports. In response to Mr. Blakeman, Mr. Koenig stated that the composite information is released but not the individual hedging transactions. He stated that the budget report provided is reflective of commitments made. Mr. Koenig stated that the three (3) year hedge program had been expanded to five (5) years and has a declining block profile. At the beginning of this year, the City would have expected to be approximately 80% hedged for FY 2015, 60% for FY 2016, 40% for FY 2017, etc. He stated that it is attempted to stay within those targets; however, if there is a really good opportunity to go above this staggered approach, it would be considered at the RMC meeting. Elaborating, Mr. Trinnear stated that there are minimum and maximum bounds, which decline each year. Referring to Calpine, Mr. Blakeman questioned if a reduction in congestion is expected when the Calpine Unit comes on. Responding, Mr. Trinnear anticipated that this would have a positive affect for Dover pricing. By consent agenda, Mr. Slavin moved for acceptance of the Special Utility Committee Report, seconded by Mr. Hare and carried by a unanimous roll call vote (Anderson absent). MONTHLY REPORTS - JUNE 2014 By motion of Mr. Slavin, seconded by Mr. Hare, the following monthly reports were accepted by consent agenda: City Assessor Report City Manager's Report City Planner's Report Controller/Treasurer’s Budget Report Economic Development Office Report Fire Chief’s Report Police Chief’s Report

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 16 QUARTERLY REVIEW OF CAPITAL INVESTMENT PLAN (CIP) (APRIL, MAY, AND JUNE) Members were provided a Capital Investment Plan (CIP) Project Tracking Report, Quarterly Report as of June 30, 2014 (preliminary). By consent agenda, Mr. Slavin moved for acceptance of the Quarterly Review of Capital Investment Plan (CIP) report, seconded by Mr. Hare and carried by a unanimous roll call vote (Anderson absent). EVALUATION OF PROPOSALS - ENGINEERING SERVICES AND PROJECT MANAGEMENT FOR THE DEPARTMENT OF PUBLIC WORKS Mr. Scott Koenig, City Manager, advised members that the Department of Public Works is continuously working on various system upgrades and capacity improvements to all infrastructure components. He explained that these projects take numerous hours of engineering design and analysis, in addition to project management efforts. A request for proposal (RFP) was designed to obtain engineering firms capable of performing engineering and project management services in areas appropriate for Public Works assets. Mr. Koenig stated that the proposals were evaluated based on ability to provide services and may not represent the lowest price. In light of the number of projects, as well as the variety of complexity involved in each project, the Department’s review team felt that it would best serve the City’s requirements to award three (3) companies this contract. He explained that this would allow the Department the flexibility to choose a firm based on their availability and individual expertise. Mr. Koenig advised members that the total cost over the term of each contract will probably exceed $25,000; however, costs will be reflected in the appropriate budget. Upon award, these consultants will be available to all City departments requiring Civil Engineering-based services. These services, as contained within the Scope of Work in the Request for Proposals, include: Civil Design Engineering, Construction Engineering/Inspection, Project Administration, General Civil Support (plan review, cost estimating, surveying, mapping, project conceptualization, etc.), Traffic Engineering, Structural Engineering and Geological/Geotechnical Engineering or other related services. Details regarding each proposal were provided to members for their review and consideration. Staff recommended awarding three (3), three-year contracts to URS Corporation, JMT, and Pennoni Associates Inc. as per the pricing included in the proposal submittal. In response to Mr. Perza, Mr. Koenig stated that although he did not have details regarding where each company is located or of their familiarity with the local standards, both URS Corporation and Pennoni Associates have been working with City Staff over the last three (3) to four (4) years. He was not aware of any firms having offices located in Dover, such as Cabe and Landmark, being recommended; however, he stated that all companies that submitted proposals have offices in the State or County. Mr. Hutchison moved for approval of staff’s recommendation to award three (3), three-year contracts to URS Corporation, JMT, and Pennoni Associates Inc., as per the pricing included in the proposal submittal. The motion was seconded by Mr. Dixon and carried by a roll call

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 17 vote of seven (7) yes (Dixon, Lynn, Slavin, Williams, Hare, Hutchison, and Bonar), one (1) no (Perza), and one (1) absent (Anderson). EVALUATION OF BIDS - BRANDYWINE PUMP STATION REPLACEMENT Mr. Scott Koenig, City Manager, reminded members that the Brandywine Pump Station Replacement project includes the replacement of the Smith & Loveless package pumping station installed in 1977 and rehabilitation of the existing wet well. The station has exceeded its anticipated life expectancy of 20-25 years and is in need of a capacity upgrade due to the increased growth in the basin. The existing pump rate is 200 gallons per minute (GPM). To address the increase in capacity, a new pump station will be installed to handle a flow of 260 GPM. Mr. Koenig advised members that City Staff is currently in negotiations with the owner of the property to properly obtain the necessary easements for this infrastructure. A structural condition assessment was performed by Pennoni Associates Inc. on the existing wet well of the Brandywine Pump Station. Based on this assessment, it was recommended to line the interior of the wet well to protect and extend the service life of the structure. This pump station replacement and rehabilitation will improve the City’s wastewater system by increasing the structural integrity and wastewater flow capacity of the pump station. Staff recommended awarding the contract to JJID, Inc., for the City of Dover Brandywine Pump Station Replacement Project (Bid #14-0048PW) in the amount of $332,000. Responding to Mr. Lynn, Mr. Koenig stated that the amount budgeted for the project was $365,500. In response to Mr. Perza, Mr. Koenig stated that Pennoni Associates worked with staff to prepare the budget estimate for this project. He explained that Pennoni is an engineering consulting firm and would not have submitted a bid for construction. Although multiple bids are desired, he stated that it is not always the case and that staff felt confident that the bid was fair. In response to Mr. Hare, Mr. Koenig stated that although staff does not anticipate any change orders, there is no guarantee; however, if a change order is required, it will be presented to City Council for approval. Mr. Lynn moved for approval of staff’s recommendation to award the contract to JJID, Inc., for the City of Dover Brandywine Pump Station Replacement Project (Bid #14-0048PW) in the amount of $332,000. The motion was seconded by Mr. Perza and carried by a unanimous roll call vote (Anderson absent). EVALUATION OF BIDS - MCKEE ROAD PUMP STATION COMMINUTOR REPLACEMENT Mr. Scott Koenig, City Manager, advised members that the McKee Road Pump Station Comminutor Replacement project includes the replacement of the comminutors at the influent line to the pumping station installed in 1995. This acts as a screen/grinder at the influent side of the station, cutting or stopping large debris from entering the wet well and clogging the pumps. The motors have run 24/7

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 18 since the initial startup of the pumping station. He indicated that the comminutors have lasted beyond their life expectancy of ten (10) years. If the comminutors are not replaced, the City is at risk of having pump issues at one of its largest pump stations. Mr. Koenig advised members that the original budget was created with material costs and that due to its complexity, staff revised the bid to include installation. He noted that the additional funding will be provided from the savings for the Baltray Pump Station Upgrades, in the amount of $97,700, and the Doverbrook Gardens Pump Station Upgrades, in the amount of $48,300, and in accordance with existing City Council approved financial policies. Staff recommended awarding the contract to Blooming Glen Contractors, Inc., for the City of Dover McKee Road Pump Station Comminutor Replacement Project (Bid #14-0051PW) in the amount of $147,100. Responding to Mrs. Williams, Mr. Koenig stated that there were savings in the two (2) projects that have been completed. He explained that, initially, for the Baltray Pump Station Upgrades, it was anticipated that the City would hire a contractor; however, it was determined that City Staff could perform the work and that they were able to complete those upgrades to satisfy the design parameters at a relatively low cost. Regarding the Doverbrook Gardens Pump Station Upgrades, he stated that although the original assessment was completed when Sunroc was operating and was creating a substantial flow to the station, the main problem was a clogging related to some Styrofoam use at Sunroc. Since that manufacturing facility is no longer in operation, he explained that there were several components of the upgrade that were not necessary. As a result, the scope of the work was reduced, resulting in a monetary savings. Should the Sunroc building be used in the future, Mrs. Williams questioned if there would be impact fees instituted based on its use. Responding, Mr. Koenig stated that in some instances, if there is a new industrial customer and the City anticipates the issues, they will be a part of the industrial design related to their wastewater. Mrs. Williams also questioned if there was any methodology or mechanism to determine if there are other CIP projects that could also be downgraded and handled similar to the those previously mentioned that would result in a savings. Responding, Mr. Koenig stated that the Annual Budget Review requires that the engineering staff review each of the projects; however, there should always be adjustments which would indicate the City is meeting the current conditions. He explained that when a 5-year plan is developed, in the fifth year, there are uncertainties and when the fourth year moves forward, staff reviews the scopes to ensure they are reflective of the current needs. More particularly with wastewater, he stated that if a business leaves or another business comes in, it could dramatically change the needs of a station or line. Mr. Koenig noted that there has been a greater emphasis on spending money up front to ensure that the engineering estimates are more accurate for the future. Referring to the Baltray Pump Station, Mr. Lynn indicated that it appears that there was a disparity of approximately $100,000 between the amount budgeted and the actual costs. He questioned if this was indicative of the larger budgetary issue whereby the City is either under budgeting or over budgeting. Responding, Mrs. Mitchell confirmed that there are significant disparities; however, she

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 19 stated that it appears to be with only a few projects. She stated that the majority of the projects are close; however, some are way off and the reasons for the disparities would need to be provided by the engineers. Mrs. Mitchell assured members that she asks these same questions during the budget process and whether staff is evaluating the projects and if the engineers are assisting staff with the estimates. In an effort to preclude these types of occurrences in the future, she stated that she has suggested that staff get all engineering done prior to the beginning of the budget process in January. Mrs. Mitchell explained that this would allow staff to have good estimates in December for the next year’s budget. At the request of Mr. Lynn, Mr. Slavin, as Chairman of the Legislative, Finance, and Administration Committee, agreed to consider this matter and develop a policy to this effect. At the request of Mr. Slavin, Mr. Koenig stated that the comminutor is basically a grinder that is ahead of the pump system. The average person does not realize what goes into the sanitary sewer system such as concrete, bricks, shoes, clothes, etc. The comminutor pulverizes any item that hits the equipment so that it can actually be passed through the pump and go down through the system. Otherwise, these items would get stuck in the pump and cause the pump to stop working, which would result in staff having to take the pump apart and send it out for repairs. The comminutor serves as a safety system for the pump system. Mr. Koenig estimated that this particular station has been in service since 1992-1993. In response to Mrs. Williams, Mr. Koenig concurred that the City could receive environmental fines if the system fails and wastewater is dumped outside of the station onto the ground. Mrs. Williams moved for approval of staff’s recommendation to award the contract to Blooming Glen Contractors, Inc., for the City of Dover McKee Road Pump Station Comminutor Replacement Project (Bid #14-0051PW) in the amount of $147,110, seconded by Mr. Hutchison and carried by a unanimous roll call vote (Anderson absent). Mr. Perza reiterated his concern regarding the disparity of the budgeted amounts and actual amounts. It was his feeling that this disparity allows for staff to manipulate the budget by low balling an estimate and then over estimating other areas to allow for an expenditure. He stated that his concern was not with the project or the need for the project, but rather the manner in which it is being paid. There being no objections, item #12 - Appointment of Timothy P. Mullaney, Jr. - Fire Marshal, was moved to be considered prior to Evaluation of Bids, Concrete Construction and Replacement - Phase I. APPOINTMENT - TIMOTHY P. MULLANEY, JR. - FIRE MARSHAL Council President Bonar introduced Mr. Timothy P. Mullaney, Jr., who was promoted to serve as the City’s Fire Marshal for the City of Dover. In accordance with the Dover Code, the Fire Marshal is appointed by City Council. Mr. Hare moved for the appointment of Mr. Timothy P. Mullaney, Jr., to serve as the City of Dover Fire Marshal, seconded by Mr. Lynn and carried by a unanimous roll call vote (Anderson absent).

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 20 EVALUATION OF BIDS - CONCRETE CONSTRUCTION AND REPLACEMENT - PHASE I Mr. Scott Koenig, City Manager, advised members that, in concurrence with the City of Dover’s Capital Investments Plan (CIP), various sidewalk sections are proposed to be replaced throughout the City during Fiscal Year 2015. He stated that the sidewalk replacement will be partially funded by Community Transportation Funds and, therefore, require that prevailing wages be paid for the labor. Staff provided members with the locations that were included in the proposed scope of work to be completed under the Concrete Construction and Replacement Phase I Project. Staff recommended awarding the contract to the low bidder, Fontana Concrete Construction, Inc. in the amount of $100,931.00 for the Concrete Construction and Replacement Phase I. Mr. Koenig reminded members that the Public Works Director may add or delete from the contract, up to 35%, based on available funding throughout the contract period and inform the City Manager of such additions and deletions; therefore, the contract final value may be adjusted to reflect all available funding. Mr. Lynn moved for approval of staff’s recommendation to award a unit price contract, based upon Bid #14-0052PW for the Concrete Construction and Replacement Phase I Project to Fontana Concrete Contractors, Inc. The Public Works Director may add or delete from the contract, up to 35%, based on available funding throughout the contract period and inform the City Manager of such additions and deletions. All work will be paid for at the unit prices bid for work completed and accepted by the City of Dover. The total work authorized under this contract will not exceed the available funding in conjunction with the Concrete Construction and Replacement Phase II Project and FY15 Street Program, which is part and parcel of the above referenced CIP project. The motion was seconded by Mr. Dixon and carried by a unanimous roll call vote (Anderson absent). EVALUATION OF BIDS - CONCRETE CONSTRUCTION AND REPLACEMENT - PHASE II Mr. Scott Koenig, City Manager, advised members that in concurrence with the City of Dover’s Capital Investments Plan (CIP), various sidewalk sections are proposed to be replaced throughout the City during Fiscal Year 2015. Staff provided members with the locations that were included in the proposed scope of work to be completed under the Concrete Construction and Replacement Phase II Project. Staff recommended awarding the contract to the low bidder, Fontana Concrete Construction, Inc. in the amount of $64,018.00 for the Concrete Construction and Replacement Phase II Project. Mr. Koenig reminded members that the Public Works Director may add or delete from the contract, up to 35%, based on available funding throughout the contract period and inform the City Manager of such additions and deletions; therefore, the contract final value may be adjusted to reflect all available funding. Responding to Mrs. Williams, Mr. Koenig stated that the cobblestone on Loockerman Street was a landscaping technique that was presented to various committees and authorized as a part of that Transportation Enhancement Project several years ago. Most of the removal of brick included in this project consists of those areas on State and Division Streets where there are older brick sidewalks.

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 21 Mr. Lynn relayed concern that allowing property owners the choice of brick or sidewalk would result in a hodgepodge. Responding, Mr. Koenig stated that sidewalks are inconsistent throughout the City and that all property owners have selected concrete due to the additional costs for brick. Noting that the sidewalks will consist of both brick and concrete and, with the City marketing the Historic Dover area, Mr. Perza stated his concern that it will appear ridiculous aesthetically. He stated that although he is concerned about the safety issues involved with deteriorating sidewalks, he would be hesitant to approve the request without a clear understanding of the sidewalk locations. Referring to the Americans with Disabilities Act (ADA), Mr. Slavin stated that once the City replaces the sidewalk with concrete to the ADA specifications, the City would be required to ensure a path of travel. Responding, Mr. Koenig stated that in most locations throughout the City, DelDOT is responsible for the ADA compliance at the intersections, which is where most issues are located. The City has not had ADA compliance issues on the sidewalk straight-a-ways. If there are driveways, there are some ADA compliance issues that would require the replacement of aprons. Mr. Koenig confirmed that the City would be required to remedy any ADA non-compliance issues. In response to Mrs. Williams regarding those sidewalks along State Street that become elevated due to tree roots, Mr. Koenig stated that, in some instances, it is necessary to cut trees down. He stated that there is the potential that some of the tree roots will need trimmed and/or a tree will need to be removed, which property owners sometimes object to; however, staff attempts to resolve these issues prior to the sidewalk replacement. Responding to Mr. Perza, Mr. Koenig estimated the cost to repair the brick at 50% more than concrete; however, he noted that bids were not solicited for that work. He advised members that the City has not conducted an analysis on maintenance costs. Mr. Perza reiterated his objection to the City taking a “band-aid” approach and his concern that there is no uniform plan. Mr. Hare advised members that there is stamped concrete that has the appearance of brick. Mr. Slavin moved for approval of staff’s recommendation to award a unit price contract, based upon Bid #14-0053PW for the Concrete Construction and Replacement Phase II Project to Fontana Concrete Contractors, Inc. in the amount of $64,018.00. The Public Works Director may add or delete from the contract, up to 35%, based on available funding throughout the contract period and inform the City Manager of such additions and deletions. All work will be paid for at the unit prices bid for work completed and accepted by the City of Dover. The total work authorized under this contract will not exceed the available funding in conjunction with the Concrete Construction and Replacement Phase I Project & FY15 Street Program, which is part and parcel of the above referenced CIP project. The motion was seconded by Mrs. Williams and carried by a roll call vote of six (6) yes (Dixon, Slavin, Williams, Hare, Hutchison, and Bonar), two (2) no (Lynn and Perza), and one (1) absent (Anderson).

CITY COUNCIL MEETING OF AUGUST 11, 2014 PAGE 22 REAPPOINTMENT RECOMMENDED BY MAYOR ROBIN R. CHRISTIANSEN - BOARD OF ADJUSTMENT - ARTHUR G. ERICSON - THREE (3) YEAR TERM TO EXPIRE JULY 2017 Mayor Christiansen requested the reappointment of Arthur G. Ericson to the Board of Adjustment for a three (3) year term to expire July 2017. By consent agenda, Mr. Slavin moved for approval of the reappointment of Arthur G. Ericson to the Board of Adjustment, as recommended by Mayor Christiansen, seconded by Mr. Hare and carried by a unanimous roll call vote (Anderson absent). COUNCIL MEMBERS ANNOUNCEMENTS Council President Bonar wished Mr. Lynn a happy belated birthday (August 3rd) and Mr. Slavin a happy belated birthday (August 10th). Mr. Hutchison relayed appreciation to the City Manager and other Staff that assisted with the cleanup at Silver Lake near McGlynn’s and, noting that all cleanup work has not yet been completed, he urged its completion, explaining that the lake is a landmark for the City and serves as a gateway for visitors coming to the City. By unanimous consent, the meeting adjourned at 8:37 p.m. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of August 11, 2014, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM/jg S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2014\08-11-2014.wpd Exhibit Exhibit #1 - Presentation - Route 8 & Heatherfield Way: Pedestrian Hybrid Beacon (includes a brief video)

EXHIBIT #1 Regular Council Meeting of 8/11/2014 EXHIBIT #1 Regular Council Meeting of 8/11/2014