Council Minutes

REGULAR COUNCIL MEETING The Regular Council Meeting was held on October 14, 2019 at 7:30 p.m. with Council President Hare presiding. Council members present were Mr. Anderson, Mr. Neil, Mr. Polce, Mr. Taylor, and Mr. Lindell. Mr. Sudler, Mr. Slavin, and Mr. Cole were absent. Staff members present were Major Stump, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fire Chief Rhodes, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Hare declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. The invocation was given by Bishop W. James Thomas, followed by the Pledge of Allegiance. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried. Mr. Taylor requested that item #3C-3, Dedication of Rights-of-Way and Public Infrastructure - Clearview Meadow Subdivision Phase II, be removed from the consent agenda. Mr. Neil moved for approval of the consent agenda, as amended, seconded by Mr. Taylor and carried by a unanimous roll call vote (Cole, Slavin, and Sudler absent). ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF SEPTEMBER 23, 2019 The Minutes of the Special Council Meeting of September 23, 2019 were unanimously approved by motion of Mr. Neil, seconded by Mr. Taylor and bore the written approval of Mayor Christiansen. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 23, 2019 The Minutes of the Regular Council Meeting of September 23, 2019 were unanimously approved by motion of Mr. Neil, seconded by Mr. Taylor and bore the written approval of Mayor Christiansen. PRESENTATION - RECOGNITION OF SERVICE - GREGORY B. PATTERSON - DOVER 4TH OF JULY CELEBRATION COMMITTEE (MARCH 2004 - MAY 2005 AND MAY 2007 - SEPTEMBER 2019) On behalf of the Mayor and Council, Mayor Christiansen presented Mr. Gregory B. Patterson with a Dover Cup in recognition of his service on the 4th of July Celebration Committee from March 2004 to May 2005 and May 2007 to September 2019. Mr. Patterson reminisced about his 4th of July celebrations growing up in Dover and the transformation that the committee has undergone. He thanked members for the recognition.

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 2 C O U N C I L CO MMI T T E E O F T H E WH O L E R E PO R T - SEPTEMBER 24, 2019 The Council Committee of the Whole met on September 24, 2019 at 6:00 p.m., with Mr. Slavin (departed at 7:33 p.m.) presiding in the absence of Council President Hare (arrived at 6:06 p.m., departed at 7:23 p.m. and returned at 7:25 p.m.). Members of Council present were Mr. Anderson, Mr. Sudler (arrived at 6:06 p.m.), Mr. Neil, Mr. Cole (arrived at 6:07 p.m.), Mr. Polce, Mr. Taylor, and Mr. Lindell. Mayor Christiansen was also present. Civilian members present for the Committee of the Whole meeting and their Committee meetings were Mr. Caldwell (Parks, Recreation, and Community Enhancement), Mr. Garfinkel and Mr. Shelton (Safety Advisory and Transportation), Mrs. Doyle (Utility), and Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration). Col. Dix (Parks, Recreation, and Community Enhancement) and Mrs. Haass (Utility) were absent. COUNCIL COMMITTEE OF THE WHOLE ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried. Update on the 2019 Comprehensive Plan Project Mr. David Hugg, Director of Planning and Community Development, and Mrs. Dawn Melson-Williams, Principal Planner, reviewed a presentation entitled "City of Dover, Delaware, 2019 Comprehensive Plan, Project Update September 2019". Mr. Neil asked how the Kent County Economic Development Plan’s proposal for the entire county has impacted what the City is considering for economic development. Responding, Mr. Hugg stated that one of the Plan components is required intergovernmental coordination to review the plans of adjacent neighbors and one of the provisions in the economic development component of the City’s Comprehensive Plan is the recognition of and eventual annexation of the properties located in the County’s future Employment Zone, extending to Dover Air Force Base. Mr. Anderson asked if anything had been developed regarding rail freight and economic development. Responding, Mr. Hugg advised that the transportation section of the Comprehensive Plan clearly identifies rail freight, the possibility for air freight, and truck access to the general area as key elements. He noted that there had been discussions with the owner of the short line railroad about rail-accessible sites in the City of Dover. Mr. Hugg stated that one of the recommendations included in the Plan deals with ensuring that they do not arbitrarily give up sites that have or have had rail service for some other use, such as the core of rail-accessible older industrial sites on Ridgely Street, Railroad Avenue, and along the river further north.

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 3 Responding to Mr. Anderson regarding a river walk around the St. Jones River, Mrs. Dawn Melson-Williams, Principal Planner, advised that the Dover Transit Neighborhood Plan includes a focus on opportunities in the greater downtown area and the plan identified waterfront property as an opportunity. She noted that, although improvements such as the Capital Trails System have been implemented, the opportunity has not been developed to its full potential. Mr. Hugg stated that one of the recommendations included in the parks and recreation component, open-space natural resources, is the completion of a master plan for the Silver Lake Park. Mr. Taylor, noting the major events that are held in Dover, stated that he was interested in a passenger rail system that would allow the City to reduce its carbon footprint and to get people in and out of Dover at a much quicker rate. Responding, Mrs. Melson-Williams advised that the transportation chapter of the Comprehensive plan mentions passenger rail; however, one of the difficulties is having the infrastructure in place to do passenger rail. She noted that the existing rail line is freight-driven, and freight and passenger rail do not always mix well. Mrs. Melson- Williams stated that she thought passenger rail was a project that was bigger than the City of Dover to address. Mr. Taylor stated that he did not think it was too big and that it needed to be reviewed in collaboration with the cities to the north and south and should be added to the Comprehensive Plan. Mayor Christiansen, speaking as the chairman of the Dover/Kent County MPO, advised that passenger rail service is under consideration by not only the Dover/Kent County MPO, but also WILMAPCO, which is the regional transportation council in Newcastle County and in the City of Wilmington. He also noted that the Dover/Kent County MPO was considering a direct route from Dover, or central Kent County, to Route 301 and Route 50. Mayor Christiansen advised that when Route 13 was designed by Coleman du Pont, it featured a rail line down the center from Wilmington to Seaford for passenger transportation and bike trails; however, he ran out of money. 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. Anderson and unanimously carried. Request for Waiver - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 17 - Emergency Access Requirements - Waiver of Emergency Rear Access Requirement for Townhouses at White Oak Road Property: Apartments and Townhouses (Application S-19-15) Mrs. Dawn Melson-Williams, Principal Planner, reviewed the Petition to Waive Zoning Ordinance Provision: Elimination of Emergency access Requirements for

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 4 White Oak Road Property: Apartments and Townhouses on 3 parcels of land on White Oak Road, as requested by Harman Brothers LLC. Mrs. Melson-Williams advised that the Planning Commission recommended approval of the elimination of the rear emergency access requirement, subject to the implementation of the fire protection measures, including the firewalls, the exterior materials on the units, and the sprinkler system. She also noted that the Fire Marshal's office supports the waiver request with the proposed 13R sprinkler system. Responding to Mayor Christiansen, Mr. Ring W. Lardner, PE, of Davis, Bowen, & Friedel, Inc., representing the developer, stated that they would be using a 13R sprinkler system and that there was sufficient water pressure for the height of the townhouses, which is proposed to be three stories. Mayor Christiansen asked if the system would deliver 55 pounds of water pressure at the top of the buildings. Mr. Lardner advised that they want to install an individual boost pump to ensure that it would, but they believe there is sufficient pressure. He noted that the system would be evaluated by the building code official as a part of the plan review process. Responding to Mr. Neil, Mr. Lardner stated that the apartment units, which are automatically required to be sprinklered and will have fire access around all four sides of the buildings, were not a part of waiver request. Responding to Mr. Polce, Mayor Christiansen estimated the cost for the sprinklers to be between $7,500 and $10,000. He noted that insurance companies offer discounted homeowner’s insurance if sprinklers are installed, as well as for smoke detectors and fire extinguishers. Responding to Mr. Taylor, Mrs. Melson-Williams advised that a waiver had been granted in the past for the Senators Lake townhouse community. Mr. Anderson moved to recommend approval of the request for a waiver for the elimination of the emergency rear access for the townhouse units subject to conditions. The motion was seconded by Mr. Garfinkel and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Taylor and carried by a unanimous roll call vote (Cole, Slavin, and Sudler absent). Hiring of a Security Firm for the Dover Public Library Using State Contract GSS19363 Mr. Matt Harline, Assistant City Manager, reviewed the background and analysis regarding the hiring of a security firm for the Dover Public Library using State contract GSS 19363.

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 5 Staff recommended authorizing the City Manager and her designees to interview Security Guard, Inc. T/A Gettier Security and Sunstates Security, LLC and to enter into a contract for security guards for the Library in an amount not to exceed $56,000. Mr. Sudler asked if smoking at the library had decreased with the new signage and if homeless individuals were still utilizing the library like a lounge. Responding, Mr. Harline advised that he would check on the smoking and that one of the purposes of hiring the security firm was to have someone circulating throughout the library to ensure that people were using the library appropriately. Mr. Sudler asked if there had been incidents of removing people from the library due to foul odor, which could be difficult to measure. Mr. Harline advised that staff had spoken with the attorney during this process and odor is a legitimate reason to ask somebody to leave if it is either noticeable from a distance or complaint-driven. He also noted that they need to address the use of the library by certain social services agencies as a pick up and drop off point, noting that it was a problem last fall. Mr. Slavin echoed previous comments about the cadet program which, in his opinion, is an excellent program and it serves an excellent purpose. Noting that many of the cadets are frequently hired away, leaving gaps in staffing, Mr. Slavin applauded the effort to provide a more consistent security presence at the library, which is the issue he hears the most about from his constituents. He also suggested that there be good policies and procedures in place, along with a good solid understanding internally from the staff that this is what their expectations are. Mr. Christiansen expressed concern about the previous private security guards and recommended following through with assessment. Mr. Polce, noting that the recommendation is to authorize the City Manager or her designee to interview both companies, asked for clarification on the number of companies being hired. Responding, Mr. Harline advised that they would interview both of the companies, hire just one of those firms, and negotiate the rate. Responding to Mr. Polce, Mr. Harline confirmed that the company that is retained assumes all liability for the armed guards so that the City is not exposed to additional liability in the event of any incident with an individual. Mr. Neil stated that he was a big fan of the library and that he wanted to make sure that it is thought of as a safe place so that people will go there with confidence that the City is providing protection for them. Mr. Sudler asked if the prospective security companies had been made aware of City’s concerns regarding the library. He also asked if they looked at companies’ performance rate, appraisals from other municipalities that are hiring them to do the same thing in the same capacity and had done an extensive review of their performance, strengths and weaknesses. Responding, Mr. Harline stated that they

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 6 had gone through a bid process with the State and they had four bids. The State chose these two companies out of the four. He noted that they spoke with the County about their experience with one of these firms, and will talk to cities and state organizations that have used both firms. Mr. Lindell stated that he wanted the accountability aspect emphasized to the guards. Mr. Taylor expressed concern with both companies hiring quality guards and asked if Staff had considered hiring retired Dover police officers, noting several advantages to doing so. Responding, Mr. Harline stated that there would be one guard on staff at all times to cover the 66 hours per week, and each firm would have to have at least two individuals who were assigned to the City to become familiar with the library operations and protocol. Mr. Harline reminded members that one of the advantages of hiring a company that is already under contract with the State is that they come with insurance and if they hired an individual, all the insurance would be the City’s responsibility. Mrs. Mitchell advised that Staff decided against starting with an armed security guard because they wanted to see how the unarmed security guards work out. She also noted that she had spoken with Acting Police Chief Stump and he has agreed to provide radios so that the security guards will have a direct contact to dispatch. Mrs. Mitchell also advised that the State reviews their training program and it is all laid out in their contract. Additionally, if they have any problems with the security company, the State will come in and handle them for the City. Mayor Christiansen stated that if they decide to use armed security guards, he would like for them to have some type of Council of Police Training (COPT) certification. Mr. Lindell moved to recommend authorizing the City Manager and her designees to interview Security Guard, Inc. T/A Gettier Security and Sunstates Security, LLC and to enter into a contract for security guards for the Library in an amount not to exceed $56,000. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Taylor and carried by a unanimous roll call vote (Cole, Slavin, and Sudler absent). Prioritization of City of Dover State Capital Transportation Program (CTP) Projects Mr. David Hugg, Director of Planning and Community Development, advised members that each year City Council develops priorities for road improvements to be forwarded to the Secretary of Transportation and the Dover/Kent Metropolitan Planning Organization (MPO) for consideration in the department’s Capital Transportation Plan (CTP). He noted that sometimes the projects that the City believes are a high priority appear in the list and sometimes they do not, but each year the City is offered an opportunity to suggest projects. Mr. Hugg informed members

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 7 that the way that the process works is that the planning office prepares this list based on a review of development activity, the status of the projects themselves and discussions with the Public Works Department and the Police Department. Mr. Hugg reviewed the 2019 Transportation Project Prioritization, noting that, in most cases, the list was the same as the previous year. He advised that the sidewalk work had already begun on priority #8 - US 13 Service Roads/Scarborough Road and DelDOT has agreed to further consider priority #4 - Loockerman Street/Forest Street. Mr. Hugg also advised that DelDOT has indicated that they do not believe the original design for priority #6 - Crawford Carroll Avenue Extension is financially or practically feasible and they desire to reconsider it. He noted that the roadway was originally intended to run behind Lowe's and the PetSmart shopping center and then cut across and connect to a realignment of the North entrance to Dover Mall with a new traffic signal. Mr. Anderson requested that priority #11- Kings Highway/Route 13 Intersection Improvements be moved up on the list, noting that he had never seen Crawford Carroll Avenue Extension as a great priority while Kings Highway is a free flow of traffic and may even be a safety issue. Referring to the Crawford Carroll Avenue Extension, Mr. Hugg noted that it had been a longstanding desire to create a parallel road system to get local traffic off of Route 13 so that if you wanted to go from Lowe's to Produce Junction you would not have to go back out onto the highway. Similarly, proceeding from Dover Downs to Dover Mall and Wilmington University. He stated that from a conceptual standpoint, both of those are important as ways to preserve the primary mission of Route 13, which is as an arterial road. Mr. Hugg stated that he thought the Kings Highway project would have been addressed with the development of Capitol Station and Lidl. He advised that the intersection has turning issues and longer than average wait times; however, he did not know if there had been a lot of accidents there. Mr. Anderson stated that he was concerned that the intersection impinges on the free flow of traffic and that is a real concern. Mayor Christiansen advised that the list of projects had also been weighted by the State, as well as their priority of funding and implementation. He stated that several factors were exacerbating the Kings Highway intersection and if Council wanted to re-prioritize the Kings Highway intersection over the Crawford Carroll Avenue Extension, the MPO could encourage DelDOT to re-evaluate it. Staff recommended approval of the recommended priority ranking for the coming year.

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 8 Mr. Anderson moved to recommend approval of the Prioritization of City of Dover State Capital Transportation Program (CTP) Projects for the coming year, as recommended by staff, with the provision that priority #11- Kings Highway/Route 13 Intersection Improvements be raised to #6 in priority and then renumbered thereafter. The motion was seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Taylor and carried by a unanimous roll call vote (Cole, Slavin, and Sudler absent). Mr. Neil moved for adjournment of the Safety Advisory and Transportation Committee meeting, seconded by Mr. Anderson and unanimously carried. Meeting adjourned at 7:21 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Cole presiding. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Sudler and unanimously carried. Amendment to Contract User Agreement with Kent County Mrs. Donna Mitchell, City Manager, reviewed the Background and Analysis for the Amendment to Contract User Agreement with Kent County. She advised that the amendment incorporates changes that have been made in the recent past, as well as changing the agreement for the future, to accurately portray how the City’s sewer flow is being transmitted to Kent County, which will provide for accurate billings to the City. Mrs. Mitchell stated that the Agreement for Services a 10 year contract. Staff recommended authorizing the City Manager to execute the amendment to the Contract User Agreement with Kent County. Mr. Slavin moved to recommend authorizing the City Manager to execute the amendment to the contract user agreement with Kent County, seconded by Mr. Neil and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Taylor and carried by a unanimous roll call vote (Cole, Slavin, and Sudler absent). Evaluation of Bids - Columbia Avenue Water Main Replacement Mrs. Donna Mitchell, City Manager, reviewed the Background and Analysis for the Evaluation of Bids for the Columbia Avenue Water Main Replacement.

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 9 Responding to Mr. Taylor, Mrs. Mitchell advised that there would have been a pre-bid meeting in accordance with the City’s purchasing policy. Mr. Slavin asked if the project would include the repaving of Columbia Avenue. Mrs. Mitchell advised that the water main replacements were being coordinated with the street program so that repaving occurs soon after the water main replacement work is completed. Responding to Mr. Slavin, Mrs. Mitchell stated that Bradford Street was scheduled in the current paving program and would be brought forward in the near future for approval. Staff recommended awarding the contract to Teal Construction, Inc., for the City of Dover, Columbia Avenue Water Main Replacement Project, Bid #20-0001PW, for the amount of $521,201. Mr. Neil moved to recommend approval of Staff’s recommendation, seconded by Mr. Lindell and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Taylor and carried by a unanimous roll call vote (Cole, Slavin, and Sudler absent). Dedication of Rights-of-Way and Public Infrastructure - Clearview Meadow Subdivision Phase II Mrs. Donna Mitchell, City Manager, reviewed the Background and Analysis for the Dedication of Rights-of-Way and Public Infrastructure - Clearview Meadow Subdivision Phase II. Responding to Mr. Anderson, Mr. John Knight of Knollwood Development Corporation advised that all of the infrastructure met City standards. Staff recommended acceptance of the dedication of rights-of-way and public infrastructure in Phase II of the Clearview Meadow Subdivision. Dedication is to include all of the referenced public improvements. Mr. Neil moved to recommend approval of Staff’s recommendation, seconded by Mr. Taylor and unanimously carried. Mr. Taylor stated that he did not believe they had enough information to act on this item and suggested attending one of the Clearview Meadow HOA meetings to obtain more information. Mr. Anderson moved to suspend the rules to allow people from Clearview Meadow to speak. The motion was seconded by Mr. Neil and unanimously carried.

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 10 Mr. John Knight of Knollwood Development advised that he was the land developer and he did not understand why the dedication was being delayed. He noted that he developed all of the required right-of-way work, which is the storm drain, water, sewer, all of the streets, and stormwater management. Mr. Knight advised that a lot of the problems in Clearview Meadow are related to speeding and the Dover Police Department cannot enforce the speed limit until the streets are dedicated to the City. Ms. Alexis Catcher, 242 Lady Bug Drive, asked why the trees between them and the apartments were not removed. Mr. Knight explained that the development design limited the areas that he could clear. Mr. Polce moved for acceptance of the dedication of rights-of-way and public infrastructure in Phase II of the Clearview Meadow Subdivision. Dedication is to include all of the referenced public improvements. The motion was seconded by Mr. Neil and unanimously carried. Request to Lower Speed Limit on State Route 8 Between Dover High Drive and Artis Drive Mr. David Hugg, Director of Planning and Community Development, reviewed the request of Calvary Baptist Church that consideration be given to reducing the speed limit on Route 8 between Dover High Drive and Artis Drive to a consistent 35 mph from the limits of the City of Dover (near Artis Drive) eastbound to the point where that limit is already in place along Route 8 and Forrest Avenue. He noted that the Delaware Department of Transportation (DelDOT) advised that the City of Dover would need to initiate a request for them to consider the speed reduction. Mr. Anderson expressed concern that the lower speed limit would cause increased speeding and ignoring the law because people are not going to slow down. He also asked how the speed reduction would affect the building standards, such as the left turn lanes. Responding, Mr. Hugg stated that as the road speed increases, the number of travel lanes also has to increase. He noted that at 50 m.p.h. there would be a certain number of lanes, turn lanes, acceleration/deceleration lanes, and passing lanes to allow for traffic stacking. Mr. Hugg stated that as the speed limit is reduced, the length of the acceleration/deceleration lane is decreased and the length in the center stacking lane is decreased. He noted that the reductions would also reduce the cost of the road improvements that have to be made in that area. Mr. Lindell asked if lowering the speed limit was giving Calvary Baptist church and Destiny Church the chance to avoid what needs to be done to the road as part of their development. Responding, Mr. Hugg stated that the speed limit sets the character of the roadway. If they want it to continue to be a major arterial road then leaving the speed limit alone creates a road situation that has all the aspects of a major arterial road. Mr. Hugg advised that if the City agrees to the reduction in the speed limit, as requested by the church, then they were making a decision that the road should be a less intense highway and that it should be more like a local street with the appropriate roadway standards that are required.

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 11 Mr. Taylor asked if Staff had considered the effects on the residents trying to exit Heather Field and the Stoney Drive area. Responding, Mr. Hugg advised that the lower speed limit would help in that regard because they would be exiting onto a lower speed highway and there would be limitations based on the higher road standards. Responding to Mr. Neil, Mr. Hugg stated that, according to the letter from Calvary Baptist church, the distance from the City limits to the Destiny Christian church entrance is approximately 1,000 feet and another 830 feet to the signalized entrance at Forrest Avenue and Dover High Drive for a total of 1,830 feet. Mr. Neil stated that he did not think the lower speed limit would change the character of that road all that much. Mayor Christiansen advised that he observed the traffic for approximately an hour and he noted that traffic naturally begins to reduce their speed coming around the bend. He suggested that most people who travel that road on a regular basis anticipate the traffic signal at Leander Lakes and Dover High School, as well as private driveways. Mr. Neil moved to recommend requesting the Delaware Department of Transportation (DelDOT) to reduce the speed limit on Route 8 between Dover High Drive and Artis Drive to a consistent 35 m.p.h. from the limits of the City of Dover (near Artis Drive) eastbound to the point where that limit is already in place along Route 8 and Forrest Avenue. The motion was seconded by Mrs. Doyle and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Taylor and carried by a unanimous roll call vote (Cole, Slavin, and Sudler absent). Mr. Taylor moved for adjournment of the Utility Committee meeting, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 7:38 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding. ADOPTION OF AGENDA Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried.

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 12 Evaluation of Bids - Station 2 Roof Replacement Mr. Tim Mullaney, President of the Dover Fire Department, reviewed the background and analysis regarding the evaluation of bids for the Station 2 Roof Replacement. Fire Chief Rhodes’ recommendation is to award the work to Bayside Roofing, Inc. Mr. Mullaney advised that although the bid was not the lowest, Chief Rhodes is recommending Bayside Roofing, Inc. due to the rapport that the Fire Department has with that company and because they were very receptive to what was needed and they explained in great detail what they could and could not do. He noted that Bayside was very thorough throughout the bidding process, they are a local company that has been in business for approximately 35 years, and they offer a lifetime warranty on labor. Mr. Hare moved to recommend awarding the work to Bayside Roofing, Inc., as recommended by Fire Chief Rhodes. The motion was seconded by Mr. Neil. Responding to Mr. Contant, Mr. Mullaney stated that when working with contractors you get a sense of what companies are knowledgeable in reference to the bids and Bayside seemed the most thorough, they have a good reputation in the community, and they presented a good overall package. He advised that, to his knowledge, there was no aspect of the project that Bayside could not perform. Mr. Taylor asked if there was a pre-bid meeting. Mrs. Donna Mitchell, City Manager, advised that there was not a pre-bid meeting because, according to the purchasing policy, public works projects under $50,000 do not require a formal RFP process, only obtaining quotes from vendors. She advised that this item was brought forward because the lowest bidder was not being recommended. Mr. Taylor stated that he asked the question because, in the past, they have heard complaints that the process was not fair, that it was very biased, and minority owned companies did not stand a chance so he wanted to make sure that there was an even playing field. Responding to Mr. Anderson, Mr. Mullaney stated that he did not know what warranty was offered by the low bidder. Mr. Anderson asked how much of this project would be paid from City tax payer money and if there were matching funds from the Fire Department. Mrs. Mitchell advised that $31,000 was budgeted for this project and, as part of a long-term agreement with the City resulting from higher insurance premiums for residents living on the west side of the railroad tracks, the City built Station 2 and is responsible for capital maintenance on the station. Responding to Mr. Sudler, Mrs. Mitchell clarified that the purchasing policy gives the department the discretion to get quotes from three vendors for projects under $50,000; however, anything that is not the lowest bid requires an exception from

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 13 Council. Mr. Sudler expressed concern regarding bias because if you already have an established relationship with a contractor and you particularly like that contractor based off of previous experience, which is not wrong; however it defeats the purpose of other individuals being able to compete for that job. He questioned how much the City had done in regard to federal rules and regulations for affirmative action for fair and equitable opportunity to provide service, noting that using vendors based on relationships could be viewed as biased and prejudiced by not allowing a fair and equitable process for individuals to compete. Mrs. Mitchell stated that those policies are included in the purchasing policy; however, public works contracts, which are infrastructure and buildings, have a higher threshold because every project required Council approval previously. Mr. Sudler stated that he would be interested in seeing some of the best practice or past practice for the City to make sure that they are in compliance with affirmative action and federal regulations. He advised that he and Councilmen Taylor and Anderson have experienced and encountered constituents saying they are not. Responding to Mr. Lindell, Mrs. Mitchell advised that if the project ran over budget, the Fire Department would cover the overage. Responding to Mr. Contant, Mr. Mitchell advised that repair to the damaged HVAC system was not included in this project. Mr. Hare moved to call the question, seconded by Mr. Taylor and unanimously carried. The motion to recommend awarding the work to Bayside Roofing, Inc., as recommended by Fire Chief Rhodes was carried with Mr. Taylor voting no. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Taylor and carried by a unanimous roll call vote (Cole, Slavin, and Sudler absent). Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Shevock and unanimously carried. Meeting adjourned at 7:53 p.m. Mr. Neil moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Lindell and unanimously carried. Meeting adjourned at 7:54 p.m.

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 14 Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Anderson and unanimously carried. MONTHLY REPORTS - AUGUST 2019 By motion of Mr. Neil, seconded by Mr. Taylor, the following monthly reports were accepted by consent agenda: City Assessor's Report City Council’s Community Enhancement Fund Report City Manager's Report City Planner's Report Controller/Treasurer's Budget Report Fire Chief's Report Police Chief's Report CANCELLATION OF COUNCIL AND COMMITTEE MEETINGS - HOLIDAY SCHEDULES Council President Hare recommended the cancellation of the City Council meetings and Council Committee of the Whole meetings the weeks when City observed holidays fall on the second or fourth Monday of the month and cancellation of the City Council meetings and the Council Committee of the Whole meetings for the weeks that fall on the fourth Monday in December. Additionally, he recommended that whenever the Council Committee of the Whole meeting falls on a Tuesday that is the Veterans Day Holiday, that those meetings be cancelled instead of being rescheduled. Mr. Neil moved for acceptance of the proposed holiday schedules, seconded by Mr. Lindell and unanimously carried. FINAL READING - PROPOSED ORDINANCE #2019-17 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of September 23, 2019. Council President Hare reminded members of the public that copies of the proposed ordinance were available at the entrance of the Council Chambers or on the City’s website at www.cityofdover.com under “Government.” Mr. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Lindell and unanimously carried. By motion of Mr. Neil, seconded by Mr. Anderson, Council, by a unanimous roll call vote (Cole, Slavin, and Sudler absent), adopted Ordinance #2019-17, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Appendix C - Downtown Redevelopment, Article II - Definitions, Section 2 - Downtown Dover Partnership of the Dover Code be amended to read as follows:

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 15 ARTICLE II. - DEFINITIONS[2] Section 2. - Downtown Dover Partnership. (a) The Downtown Dover Partnership shall be established and duly incorporated under the not-for-profit corporation provisions of the Delaware General Corporation Law (8 Del. C §101 et seq.) for the purpose of fostering redevelopment within the target area. ( Ord. No. 2014-01, 2-10-2014 ) (b) Certification of incorporation. The city solicitor, as incorporator of the company, shall prepare and cause, or amend, the certificate of incorporation to be filed with the secretary of State of Delaware, which certificate shall include those requirements set forth in 22 Del. C. § 1504, as amended. (c) Membership of company and board of directors. The management company shall be a corporation comprised of not less than five members or directors respectively who either own a commercial property within the district, or are the designee of such owner. (d) Company reports. The management company shall file with the finance department and with the city clerk a monthly financial report and shall also provide an operating report monthly. The City of Dover shall annually review the performance of the management company and shall prepare for public inspection a report which certifies that the management company is in compliance with its enabling ordinance, its certificate of incorporation and bylaws, and the provisions of this appendix and 22 Del. C. ch. 15 (22 Del. C. § 1501 et seq.); the management company is fiscally sound; and the management company has not discriminated against any person based upon race, sex, national origin, religion, age or disability. ( Ord. No. 2014-14, 6-9-2014 ) BE IT FURTHER ORDAINED: That Appendix D - Downtown Dover Business Improvement District of the Dover Code be amended by deleting it in its entirety. ADOPTED: OCTOBER 14, 2019 CITY MANAGER'S ANNOUNCEMENTS Mrs. Donna Mitchell, City Manager, announced that there would be a public meeting on the update to the 2015 Bicycle and Pedestrian Plan on Monday, October 21, 2019 from 5:00 p.m. to 7:00 p.m. at the Dover public library. She also advised that there would be opportunities to view and learn about the draft 2019 Comprehensive Plan during an open house event on Wednesday, October 23, 2019 from 3:00 p.m. to 7:00 p.m. at the Dover public library, 35 Loockerman Plaza,

CITY COUNCIL MEETING OF OCTOBER 14, 2019 PAGE 16 meeting room A, with presentations at 3:30 p.m. and 5:30 p.m. and a visitation event on Thursday, October 24, 2019 from 8:30 a.m. to 5:00 p.m. at City Hall, 15 Loockerman Plaza in the Council Chambers lobby area. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Anderson thanked members of Council, the City Manager, the Police Department, the Mayor, Mrs. Sass, and others for their dedication to “Delaware Goes Purple.” He also recognized Councilman Polce for his participation. Mr. Neil moved for adjournment, seconded by Mr. Anderson and unanimously carried. Meeting adjourned at 7:59 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of October 14, 2019, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\10-14-2019 Council Minutes.wpd