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REGULAR

City Council Meetings. Feb 8, 2021.

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REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held by video conference on February 8, 2021 at 7:34 p.m. with Council President Hare presiding. Council members present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord, Mr. Robertson, Mr. Hugg, Fire Chief Carey, Mr. Junge, and Mrs. McDowell. Mayor Christiansen was also present. INVOCATION The invocation was given by Mayor Christiansen. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Councilman Lindell. ADOPTION OF AGENDA Mr. Sudler moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. ADOPTION OF CONSENT AGENDA All consent agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Neil requested that item #7, Review of Expenditures - Dover Police Academy, be removed from the consent agenda. Mr. Anderson requested that item #12, Update on the Decommissioning of the McKee Run Power Plant, be removed from the consent agenda. Mr. Lindell requested that item #17, Controller/Treasurer’s Budget Report, be removed from the consent agenda. Mr. Neil moved for adoption of the consent agenda, as amended. The motion was seconded by Mr. Sudler and carried by a unanimous roll call vote. PRESENTATION - 2020 ANNUAL REPORT - FIRE DEPARTMENT Fire Chief David Carey reviewed the 2020 Annual Report. Responding to Mr. Taylor, Chief Carey advised that 20 new members joined in 2020 and eight of them attend Dover High School and one attends Caesar Rodney High School. Mr. Anderson moved for acceptance of the 2020 Annual Report of the Fire Department. The motion was seconded by Mr. Neil and unanimously carried.

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 2 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 25, 2021 By consent agenda, the Minutes of the Regular Council Meeting of January 25, 2021 were unanimously approved by motion of Mr. Neil, seconded by Mr. Sudler and bore the written approval of Mayor Christiansen. COUNCIL COMMITTEE OF THE WHOLE REPORT - JANUARY 26, 2021 The Council Committee of the Whole Meeting was held by video conference on January 26, 2021 at 6:01 p.m., with Council President Hare presiding. Members of Council present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Civilian members present for their Committee meetings were Mr. Wagner and Mr. Shelton (Safety Advisory and Transportation), Ms. Maucher (Utility), and Mr. Shevock (Legislative, Finance, and Administration). Mr. Contant (Legislative, Finance, and Administration) was absent. UTILITY COMMITTEE The Utility Committee met with Council President Hare presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Annexation Request - 228 Mifflin Road, Owned by Debora G. Hansen (Actionable Item) Mrs. Dawn Melson-Williams, Principal Planner, reviewed the Petition to Annex and Rezone Property located at 228 Mifflin Road. She noted that the City of Dover does not currently provide electric, water, or sanitary sewer. Ms. Melson-Williams advised that water and sanitary sewer are available on the opposite side of Mifflin Road and the installation of utilities will require DelDOT approval. She noted that the property owner is responsible for all costs associated with extending and providing service to the existing dwelling, including tapping the sanitary sewer and water mains, paying impact fees and obtaining permits. Responding to Mr. Neil, Mrs. Melson-Williams stated that the area is in the high priority annexation area. She advised that the area is considered an enclave where it is surrounded by properties in the City. Mr. Rocha asked if extending the utilities would benefit the parcels next to the subject property. Responding, Mrs. Melson-Williams stated that when they tap the City line, it would be the laterals for the specific lot only. She noted that the property owner may be interested in selling the property and is trying to prepare for the future. Mrs. Melson-Williams noted that it is a wooded area and there is some concern with continued use of septic systems. It is in close proximity to City services, which is a better provision for those types of services for the residential dwelling.

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 3 Responding to Ms. Maucher, Mrs. Melson-Williams stated that a boundary modification with Delmarva Power had been considered. She advised that it would be something that the City would have to be involved in and coordinated through the Public Service Commission in order to make that service territory change, but she was not sure they would pursue it for an individual property. Mr. Sudler moved to recommend approval of the annexation. The motion was seconded by Ms. Maucher and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Sudler and carried by a unanimous roll call vote. Mr. Neil moved to recess the Utility Committee meeting, seconded by Mr. Sudler and unanimously carried. Meeting recessed at 6:10 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding. Adoption of Agenda Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Proposed Budget Amendments to the 2019 Community Development Block Grant (CDBG) - Coronavirus Aid Relief and Economic Security (CARES) Act (Actionable Item) Mrs. Tracey Harvey, Planner/Community Development Block Grant (CDBG) Administrator, reviewed the background and analysis for the Proposed Budget Amendments to the 2019 Community Development Block Grant (CDBG) - Coronavirus Aid Relief and Economic Security (CARES) Act. Staff recommended approval of the proposed Budget amendment totaling $312,161 for Fiscal Year 2019. Responding to Mr. Neil, Mrs. Harvey stated that the budget amendment falls within Fiscal Year 2019 because the round of funding was done during Fiscal Year 2019 and they already amended that plan. She advised that the accounts are set up and will be a lot easier. She noted that Mr. Dave Hugg, Director of Planning and Community Development, said they could continue to amend it in the Fiscal Year 2019 action plan since it has already been amended previously. Responding to Mr. Anderson, Mrs. Harvey stated that she had not been informed by Mr. Hugg if they were going to receive a third round of allocation yet. She advised

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 4 that there was a need right now for motel vouchers, utilities and even rental assistance. Mrs. Harvey noted that there had not been a lot of requests for anything else to fund from the Delaware Health and Social Services (DHSS) at this time. Mr. Neil moved to recommend approval of staff's recommendation, seconded by Mr. Rocha and unanimously carried. By consent agenda, Mr. Neil moved for approval of the proposed Budget amendment totaling $312,161 for Fiscal Year 2019, as recommended by the Committee. The motion was seconded by Mr. Sudler and carried by a unanimous roll call vote. Segal Waters Consulting - Classification, Compensation and Benefit Study (Actionable Item) Mr. Matt Harline, Acting City Manager, and Mrs. Kim Hawkins, Human Resources Director, reviewed the background and analysis for the Classification, Compensation and Benefit Study conducted by Segal Waters Consulting (now Segal). Ms. Paula Singer, Ms. Cristy Reetz, and Ms. Katie Kiesel of Segal Waters Consulting, reviewed the Classification and Total Compensation Study Report of Findings and Recommendations. Staff recommended approval of the implementation of the Classification, Compensation and Benefit Study as presented. Responding to Mr. Sudler, Mrs. Hawkins stated that she believed that the 10 organizations that responded were sufficient to give them good data in regard to population size. She noted that Segal Waters Consulting brought forward some places in New Jersey; however, she and Mr. Harline recommended against using New Jersey organizations because they felt their population and communities were vastly different from the ones in Dover. Responding to Mr. Neil, Ms. Singer stated that when comparing cities in Maryland, the cost of living was taken into consideration in the comparables because it is less expensive living in Dover. She advised that they apply a geographical differential based on the cost of labor in both cities. Ms. Singer stated that they put a discount based on the amount that is between the two of them. Mr. Sudler asked how they define the cleanup process for job descriptions and what criteria is met for their recommendation. Responding Ms. Reetz stated that when they are talking about cleaning up titles, they are looking at the job duties being ascribed to them. She noted that if there is work in multiple departments requiring similar minimum requirements and skill sets, they would combine that into one classification and clean up the titling. Mr. Sudler asked if Segal Waters Consulting verified that employees are actually performing the duties they say they are performing. Responding, Ms. Reetz stated that there is a part of the Job Description Questionnaire (JDQ) process where they

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 5 ask supervisors to review and comment on what the employees are telling them. She noted that they also went through the process with their draft recommendations, passing that through Mr. Harline or Mrs. Hawkins to identify any errors, concerns or issues that they might have or see in their recommendations based off of the JDQ’s. Ms. Reetz advised that they also did interviews with supervisors, managers, and employees, just to clarify the data that they collected. Responding to Mr. Sudler regarding a career ladder, Ms. Singer stated that they would start with reviewing the City’s philosophy. She advised that some organizations like to have a lot of different levels so that employees can increase their skills and move up and some do not because there is not enough in the budget or not enough of a differentiation between jobs in order to create that kind of career ladder. Ms. Singer stated that they also believe that a career ladder does not always mean up, it can mean transferring laterally to other parts of the organization. Ms. Singer advised that from their interviews with the project team and the rest of leadership, they have information that they learned through the classification study, where they could see what new jobs might be created and where some real ladders should be considered. Responding to Mr. Rocha, Ms. Reetz stated that Grade 1 and Grade 4 were just open grades. She noted that they believe that they could use those if the City wanted to implement the system throughout the City for all positions or to have something that would work with all positions. Mr. Neil stated that it would be helpful to see where the City was currently and what is being proposed. Ms. Singer stated that they could get a comparison of both salary scales. Mr. Lindell requested that information be forwarded to the Committee for review. Responding to Mr. Anderson regarding contracts, Mrs. Hawkins stated that they asked Segal Waters Consulting to review the planners, accountants, librarians, and engineers, which are represented by the American Federation of State, County and Municipal Employees (AFSCME) Union. She advised that with Mr. Harline, they would have to have a conversation with AFSCME leadership with any recommendations coming out of the study and hopefully get a memorandum of understanding with them and that AFSCME would be willing to accept their finding. Mrs. Hawkins stated that it would be a conversation that they would have to have since they are the exclusive bargaining representatives for those positions. Mr. Lindell stated that there are some positions that are Council appointed. He asked if that would constrict Council when it came to salary negotiations. Responding, Ms. Singer stated that it would give them a framework but that they could do what they wanted. She noted that she would hope that Council would talk with Mr. Harline or Mrs. Hawkins about it because they would want to pay attention to internal equity and what is fair. Mr. Harline noted that those positions were evaluated.

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 6 Mr. Slavin moved to recommend approval of the implementation of the Classification, Compensation and Benefit Study as presented, as recommended by Staff. The motion was seconded by Mr. Hare. Mr. Neil stated that they still had time to review the information if anybody had any concerns with the material. He urged Council members to take a good close look at it and that if they had a problem, they would still have a chance to bring it up. The motion to recommend approval of the implementation of the Classification, Compensation and Benefit Study, as presented, was carried with Mr. Anderson voting no. Councilman Lindell, Chair of the Legislative, Finance, and Administration Committee, reminded members that the Classification, Compensation and Benefit Study was discussed during the last Committee meeting. He noted that there were some questions and concerns, but the Committee recommended approval and advanced it to have further discussion at City Council. Mr. Lindell stated that, since that meeting, some Council members, as well as some staff, have raised concerns. Mr. Sudler expressed his appreciation for the study; however, he noted concern that there was no observation or evidence regarding whether or not the individuals are actually fulfilling the job duties. He urged members of Council not to make a hasty decision but to allow Mr. Randy Robertson, the new City Manager, the opportunity to get familiar with what everyone is doing, especially department heads, and then have input regarding the assessment or to validate the reliability of the study and what changes needed to be implemented, especially since they were moving towards a transformational leadership style of governing their workforce. Mr. Neil stated that he had a lot of comments and that many questions had been raised about implementing the study and he thought it should probably be referred back to the Committee for further discussion. He noted that there are people who are being downgraded and implementation could be bad for morale and he also thought that the grading should be reviewed. Mr. Neil agreed with Mr. Sudler that Mr. Robertson should have input. He advised that he would send his remarks and concerns regarding the study out to everyone for their review or consideration. Mr. Neil moved to refer the Classification, Compensation and Benefit Study back the Legislative, Finance, and Administration Committee for further evaluation. The motion was seconded by Mr. Rocha. Mr. Lindell, noting that it was good to consider the concerns mentioned, stated that he thought the intent behind the Study was good. He stated that a lot of departments are under budget because they cannot fill some of the positions and the study levels some of those positions up to make them more competitive. Mr. Lindell advised that he was concerned with some of the council-appointed position ranges possibly hamstringing City Council in recruitment. Mr. Hare encouraged everyone to review the information, the suggested pays, the different positions, and to have their questions ready for a more detailed review.

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 7 The motion to refer the Classification, Compensation and Benefit Study back the Legislative, Finance, and Administration Committee for further evaluation was unanimously carried. Update on Body Worn Cameras Chief Johnson, Dover Police Department, reviewed the background for Update on Body Worn Cameras. Staff recommended approval of the proposed Body Worn Camera Program ($799,930.10 over five years) and the evidence manager position ($357,572.00 over five years) needed to maintain the program. Mr. Taylor asked if the LAN analyst would be a day shift position, noting that if it is a night shift position and the person who handled the evidence had to go to court it would create overtime. Responding, Chief Johnson stated that the position will compliment the Evidence Technician position and they do not see a departure from the current cycle of need for an evidence individual. Chief Johnson noted that he was not familiar with any times that the Evidence Technician would have to testify for an electronic data transmission. He stated that normally they would see overtime associated with the physical movement of evidence from their building to court and hand something over and testify that they actually put their hands on it and did not contaminate it. Chief Johnson advised that with the digital audit trails, he thought they could probably anticipate instead of one individual handling all the overtime needs for evidence, it would probably be the same amount of hours spread across two different people. Major David Spicer noted that the primary Evidence Technician would primarily be working day work to support those evidence needs, therefore, if they are required to testify in court for chain of custody they would be available so that they would not have to pay overtime. Responding to Mr. Taylor, Chief Johnson stated that because the Taser Model X26's are obsolete, AXON is going to take all of the product back. Mr. Josh Sparks, AXON, stated that there was some credit for those weapons, contractually. Responding to Mr. Taylor, Mr. Roscoe Brown, AXON, stated that in the event that there was a piece of equipment that needed to be exchanged, spares were included in the original contract. He noted that they simply ask that they ship the other one to them, on AXON’s cost, and they would ship the spare back once it is put into production. Responding to Mr. Rocha regarding public access to the police videos and Freedom of Information Act (FOIA) restrictions, Chief Johnson stated that he was not aware of any large barriers to public dissemination. He noted that they were doing a policy revision and advised that they were going to be leaning towards as much transparency as he could deliver and as quickly as he could without stepping over the statutory limitation.

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 8 Mr. Sudler moved to recommend approval of the proposed Body Worn Camera Program ($799,930.10 over five years) and the evidence manager position ($357,572.00 over five years) needed to maintain the program, as recommended by Staff. The motion was seconded by Mr. Rocha. Ms. Lachelle Paul asked when the cameras would be available for use for the department. Responding, Chief Johnson stated that they have to identify an employee, do in-house training, and prepare to absorb all of it into their processes. He stated that they also have to make sure that the City does not have to find money between now and the end of Fiscal Year 2021. Chief Johnson advised that the proposal is that they sign paperwork and take delivery of the product before they apply for grants. Mr. Andre Boggarty, Chief Advisory Council Member, stated that he supported the body cameras. He stated that he did brief research and found that, according to the National Police Funding database, one case could cost more in settlement money than the devices and the services that they needed to support the devices. Mr. Boggarty noted that he reviewed the Body Worn Camera policy from New Castle County and wanted to make sure that the City had a robust policy that included that it was for the protection of the officers and that it was clear that failure of an officer to properly use that device had some level of disciplinary action be built into the policy. He noted that he spoke to other leaders in the community, including the President of the National Association for the Advancement of Colored People (NAACP), and they want to support the Dover Police Department in this endeavor. Mr. Boggarty asked if they would consider doing a PSA to the City once the body cameras are implemented to show how the camera will work and the purpose of the cameras, which are for the protection of the police officers and citizens. Responding to Mr. Lindell, Chief Johnson stated that the body cameras interfaced with each other and could activate themselves in certain instances. Chief Johnson advised that there was also proximity activation. The Axon body-worn cameras know when they are around other body-worn cameras. If anybody involved at a scene forgot to press a button, when the backup officer arrives, or vice versa, the cameras tell each other automatically to turn everybody on. He noted that the proximity feature was through Bluetooth technology. Responding to Mr. Lindell regarding financing, Mr. Harline stated that they will need to bring back a final contract at some point in Fiscal Year 2022. Mr. Harline noted that there is a chance that they would need to enhance revenue for this and other reasons, but those choices would need to come together with the budget package. Mr. Sudler moved to recommend approval of the proposed Body Worn Camera Program ($799,930.10 over five years) and the evidence manager position ($357,572.00 over five years) needed to maintain the program, as recommended by Staff. The motion was seconded by Mr. Rocha and unanimously carried.

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 9 By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Sudler and carried by a unanimous roll call vote. Review of Expenditures - Dover Police Academy (Actionable Item) Mr. Matthew Harline, Interim City Manager, and Police Chief Thomas Johnson reviewed the background and analysis for Review of Expenditures - Dover Police Academy. Staff recommended approval of the Spring academy expenses, if the State Academy is not a viable option for Spring 2021 and to direct Police Command Staff to prepare a full budget for a FY 2021-22 academy for the budget review process with assistance from the several departments affected. Mr. Taylor expressed his support in ensuring that the Dover Police Department is the agency that is training the municipalities on policing in 2020. Mr. Neil moved to table this item with the understanding that it will come back with facts and figures. The motion was seconded by Mr. Shevock. Mr. Anderson stated that he did not support the motion to table the item. He stated that instead he would support the Staff recommendation because they need to move towards the spring semester, and to authorize Chief Johnson to do the research. He noted that the recommendation does not commit them to the fall, which he was not committed to yet because they do not know what conditions will be. Responding to Mr. Anderson, Mr. Harline clarified that they were not close to having the full accounting for the first semester. He advised that it was an emergency response and they needed to take into consideration what they were going to give up when they ask the state for money from this. Mr. Harline stated that there are other projects in the City and every time they go to the state there are buckets of money and maybe there was money that would go to just the academy. He noted that there may be a good need for a municipal police academy in Dover that is much more focused, but he did not know. Mr. Rocha asked if Mr. Neil’s motion to table the item would hamper conducting a spring semester. Responding, Mr. Harline stated that it would be useful for the Committee to take action with enough time for Staff to plan a spring semester. Mr. Harline stated that right now it looked like it would cost a little over $16,000, which was not budgeted beyond transfer and what they would have spent for training anyways. He noted that they could get as much as $15,000 in revenues, in response. Responding to Mr. Lindell regarding funding for the spring session, Mr. Harline stated that they could be coming close to breaking even since there were no new capital cost. He noted that they would have to transfer some money into training because their overall training budget for new recruits will be larger because they did not originally plan for 15 recruits.

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 10 Chief Johnson noted that they have had discussion with the Criminal Justice Council about certain portions of the academy curriculum that they currently offer. He stated that they typically try to keep the census for the academy at roughly 25 people. Chief Johnson advised that interest in the Spring session was high and they have received commitments for half, which should get them beyond the $16,000. Mr. Neil withdrew his motion. Mr. Shevock withdrew his second. Mr. Neil moved to recommend approval of the Spring academy expenses, if the State Academy is not a viable option for Spring 2021, and direct Police Command Staff to prepare a full budget for a FY 2021-22 academy for the budget review process, with assistance from the several departments affected. The motion was seconded by Mr. Taylor and unanimously carried. Mr. Shevock moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 7:43 p.m. During the Council Meeting, Mr. Neil noted that they still did not have the expenditures they needed to move forward. He stated that he had raised a series of questions, including whether the academy could be delayed until late spring or summer so that they could have the necessary figures available to them. Mr. Neil also stated that it was important to make sure that they had the staff and enough people from other communities to have this academy. Chief Johnson advised that it was the last week of instruction and they were still compiling all of the information from the first session of the academy. He stated that they had advertised and were slated to run the second session for the academy that was built into their FY 21 plan. The tuition that is captured from that academy will help close the loop on the expenses that were identified preliminarily. Chief Johnson advised that they had a commitment of between 10 and 12 students to supplement the six or seven that will be attending to become Dover police officers. He advised that those positions were awarded to successful candidates within the last week. Chief Johnson stated that the instructor pool would expand to include certified COPT instructors that are employees of other police departments to help spread out the instructional burden over the course of a typical school week. He stated that they anticipate being done this second session not more than 30 days into FY 22. Chief Johnson advised that a subsequent fall session is being deferred to identify the most efficient model and to identify funding sources. He noted that he met with Kent and Sussex County police chiefs and other key State and law enforcement officials to discuss comprehensively sharing assets and adjusting the educational calendar to feature a different academy each quarter of a typical calendar year. Chief Johnson stated that it would give them the ability to get bigger or get smaller as the staffing needs dictate. He advised that they would be looking at enrollment, an efficient model

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 11 inside their own organization, and the support that they are going to need from outside of the organization. Mr. Neil asked why it was necessary to have the academy in order to have a full staff of officers ready to go. Responding, Chief Johnson stated that he both wanted and needed the academy. He noted that it was part of a larger operational move inside the department. Chief Johnson advised that they were restructuring their training, noting that their current training program is very labor intensive for a short duration in the late winter, early spring of every year. He noted that there would also be a cost reduction by spreading the training around the calendar, allowing more training to occur during normal working hours to defray overtime. Chief Johnson indicated that training around the calendar would prevent skill and knowledge deterioration. Chief Johnson stated that the academy is a key piece because many of the same people that would be on duty instructing the academy would also be on duty the same day on the same shift inside the same budget window, delivering in-service training. And that product of in-service training, which is a COPT mandate, appears to have traction in other departments as a desirable commodity, not only would they contribute to, but they would become a consumer and a customer of. Responding to Mr. Neil, Chief Johnson stated that they would begin analyzing the first academy session after graduation on Friday. He thought that they would be able to provide the financial information to the Controller/Treasurer by the end of the following calendar week. Mr. Lindell suggested approval of the Spring academy expenses, if the State Academy is not a viable option for Spring 2021, and direct Police Command Staff to prepare a full budget for a FY 2021-22 academy for the budget review process, with assistance from the several departments affected, as recommended by the Committee, contingent upon the outcome of the meeting Friday or Monday to analyze the first academy and provide that information to Ms. Peddicord for budgetary purposes. Mr. Anderson suggested bringing the request back to Council at the next meeting and approving it when they have the numbers. Responding to Mr. Anderson, Chief Johnson stated that deferring the request would not interfere with the ability to set things up for the academy in the spring. He noted that the numbers of the first academy, which was done on the fly, will not necessarily be reflective of the numbers that would occur between April and July. Mr. Anderson stated that he supported the academy 100% for the spring; however, he was not comfortable with approving something without the numbers in front of him because it could set a bad precedent to approve something open-ended and sight unseen. Mr. Neil moved for approval of the Spring academy expenses, if the State academy is not a viable option for Spring 2021, and direct Police Command Staff to prepare a full budget for a FY 2021-22 academy for the budget review process, with assistance from the several departments affected, as recommended by the Committee, with the understanding that they still need the figures so that Ms. Peddicord and Mr. Robertson can work with it. The motion was seconded by Mr. Lindell. Mr. Rocha asked if the motion meant that the request was coming back in two weeks once they get the numbers or if they were going to just rely on the Chief and Ms. Peddicord working everything

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 12 out budgetary-wise. He indicated that he did not see a need to push it forward without satisfying the budgetary needs and stated that he was in full support of the academy. Mr. Neil and Mr. Lindell indicated that the motion was to go ahead with the academy for the spring; however, it would still be contingent upon the final numbers that the Chief presents to them in two weeks. Mr. Neil also noted that they were looking at the next budget and unless something comes up in the next couple of weeks that Ms. Peddicord says they are not able to do the academy on a contingency basis by moving some figures around, he would have the Chief move forward with the academy in April if he cannot move that date back. Mr. Hare advised that he supported the academy and asked if they were going to find the money to do it one way or the other. Mr. Sudler stated that he thought they should wait and get the numbers first and then they would do their due diligence as stewards of the taxpayers dollars. He noted that he was in agreement with the program 100%, but would feel more comfortable having the figures in front of him. Mr. Taylor agreed that they needed to see the numbers, but that they also have to have the utmost confidence in Chief Johnson. He agreed to go forward and adjust if there was a change. Mr. Taylor stated that he believed that Dover was trying to take its rightful place as the leader of reforms and all other avenues of policing. He stated that they should pay if it costs them a few extra dollars because the community has demanded these changes and they will have the opportunity to be the trainer of trainers. Mr. Rocha asked Ms. Lori Peddicord, Controller/Treasurer, how confident she felt budgetary-wise with the academy going forward. Responding, Ms. Peddicord stated that she was in no way trying to deter Council members from making the decision about holding the academy. She advised that it was just good due diligence on behalf of the Council to require balanced amendments of all the departments before they approve them. Ms. Peddicord stated that she understood that they were under an emergency situation when the Chief implemented the fall 2020 program; however, going forward she thought it was a best practice, especially because all other departments are held to the same standard in preparing a request for budget or an amendment to the budget to utilize funds for large projects. Ms. Peddicord noted that she was concerned that holding two semesters of an academy that was never contained within the Chief's budget might send him over budget. She advised that she was willing to work with Chief Johnson to see if they can make it a balanced budget. Mr. Neil stated that he would have preferred that, since they have already had discussions and that he sent out the information to everybody, during this interim there would have been some of those discussions so that they would have had a better idea how close they may be to having it done for a balanced budget year, or whether they were going to need additional funds from somewhere. Mr. Neil asked Chief Johnson where they were with the funding they have and if he thought there might be a shortfall.

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 13 Mr. Slavin commented that being leaders in the field of training police and being leaders in budgeting and how they manage their finances are not mutually exclusive activities within the government. He noted that the City of Dover has been award-winning with the way they budget and the way they finance their government for many, many years. Mr. Slavin advised that Ms. Peddicord's comments come from a long tradition of being very careful financially about how they spend money. He stated that they require every other department that comes forward with a plan, to go through a proper amendment process of all the costs detailed out and then they have a vote on it. Mr. Slavin stated that it gave him discomfort to be flying by the seat of their pants on this request. He advised that it had nothing to do with the quality of the training or his confidence that the Chief could deliver, but it had everything to do with the confidence that taxpayers are going to have in all of them and how they steward their dollars. Responding to Mr. Hare, Chief Johnson stated that they had made offers to the six new recruits that would be going into the academy. He advised that the positions were approved based on attrition and the implementation of the COP's grant on the schedule that was previously identified. Chief Johnson noted that they had made offers for all of their current openings. He also advised that one individual is a working New Mexico police officer and if his core training meets enough of the Delaware standard, he may be granted reciprocity which would allow them to fast track him on a custom educational plan and he will not be required to attend a full academy. Mr. Neil asked if Chief Johnson had gotten together with his staff to determine if there is money in order to provide the information to Ms. Peddicord so that she has some confidence in the funding. Responding, Chief Johnson stated that his staff was advised in the middle of the previous week to get his this data as quickly as possible. He had hoped to have it available for the Council meeting but, although they did their due diligence, staff was still not confident that they had everything that would be necessary to survive review later on, once the dust settled from the current cycle of training. Chief Johnson stated that their initial projections still appeared to be on track that the anticipated tuition would cover everything that they had done so far. He noted that the only thing that he was not 100% sure on was unidentified overtime that was generated as a result of covering holes in the academy. Chief Johnson stated that he would get that information in to Ms. Peddicord as quickly as possible, so it is accurate. Mr. Matt Harline, Assistant City Manager, advised that the initial numbers from the police department had some holes in them and some assumptions and some errors in the way they did the accounting. He stated that they need a program of education which tells them how many hours they are putting in because they have not counted any hours of staff time for the actual instruction so far. Mr. Harline noted that they were basing everything on the assumption that those officers were not going to be doing anything else in the COVID environment. If those officers will be used when they are needed to be doing other things, then that is where they are going to add to their overtime. Mr. Harline stated that the City is currently at 75% of the budget for overtime. He advised that it was vitally important to have a meeting among staff and the experts in administration, as well as the experts in police to identify the funds to cover the costs. Mr. Harline also suggested that Council members see how the academy matches the certification needs. Mr. Anderson asked if they were talking about an amount of money under $10,000. Responding, Ms. Peddicord advised that, according to the report that was provided during the last meeting, Chief

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 14 Johnson and the team outlined that they spent $48,000 over numerous line items for various services and or products. She stated that she did not know if Chief Johnson was anticipating that same cost for the spring, or if it was going to be less than that. Ms. Peddicord stated that she was confident that Chief Johnson did not have $50,000 already contained in his approved budget that he could use for the academy. Mr. Hare asked how much it cost to send an officer to the State academy and what Dover was charging for people to come to its academy. Chief Johnson stated that the cost for Delaware State Police Academy was just shy of $1,500 per student and they have been charging $1,000 per student, and the variance is based on the fact that Dover is a commuter academy, not a live-in academy, so they do not have to supply lodging. The Delaware State Police Academy provides three meals each day over the course of about a half a year and Dover does not provide meals beyond water and snacks to make sure that the students do not have any health emergencies during their PT time. Mr. Hare estimated that between tuition and savings realized by training officers in-house they would probably have close to $20,000. Mr. Slavin stated that the number that was most critical was the cost per student when they do it themselves and they cannot even get to that number. Mr. Neil called the question, seconded by Mr. Sudler and unanimously carried. The motion to approve the Spring academy expenses, if the State academy is not a viable option for Spring 2021, and direct Police Command Staff to prepare a full budget for a FY 2021-22 academy for the budget review process, with assistance from the several departments affected, as recommended by the Committee, contingent on the numbers being verified at the next Council Meeting and if the numbers are not verified at the next Council Meeting, then the request will be sent back for further discussions failed by a roll call vote of five no (Sudler, Slavin, Rocha, Lindell, and Hare) and three yes (Anderson, Neil, and Taylor). Mr. Lindell moved table the request for approval of the Spring academy expenses, if the State academy is not a viable option for Spring 2021, and direct Police Command Staff to prepare a full budget for a FY 2021-22 academy for the budget review process, with assistance from the several departments affected, as recommended by the Committee, until the next City Council meeting and pending further information from the Police Department. The motion was seconded by Mr. Sudler and unanimously carried. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee met with Chairman Taylor presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried.

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 15 COVID-19 Vaccine Information (Dr. Richard Pescatore, Chief Physician, Delaware Division of Public Health) (Informational Item) Due to the absence of Dr. Richard Pescatore, Chief Physician of Delaware Division of Public Health, Mr. Taylor requested that this item be deferred to the next Safety Advisory and Transportation Committee meeting. Mr. Sudler moved to defer this item to the next Safety Advisory and Transportation Committee. Mr. Hare stated that the next Safety Advisory and Transportation Committee meeting would not be for another month and suggested that the item go on the next Council Committee of the Whole agenda as a special addition. Mr. Sudler withdrew his motion. Responding to Mr. Taylor, Mr. Hare stated that the Safety Advisory and Transportation Committee meeting would be a special session during the Council Committee of the Whole meeting of February 9, 2021. Mr. Sudler moved to defer this item to the Council Committee of the Whole/Special Safety Advisory and Transportation Committee meeting of February 9, 2021. The motion was seconded by Mr. Hare and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Sudler and carried by a unanimous roll call vote. Update on Social Professional/Law Enforcement Collaborative Police Chief Thomas Johnson provided an update regarding the Social Professional/Law Enforcement Collaborative. He advised that the two basic issues are funding and identifying appropriate partners to ensure that the threat to service disruptions would be minimal. Chief Johnson stated that they had identified several sources that would allow them to have more than one person submitting a plan and a process for them to evaluate as a resource for the community, but also something that was going to function well with the community policing unit. Mr. Neil moved for adjournment of the Safety Advisory and Transportation Committee meeting, seconded by Mr. Shelton and unanimously carried. Meeting adjourned at 8:53 p.m. UTILITY COMMITTEE The Utility Committee reconvened at 8:54 p.m. with Council President Hare presiding.

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 16 Update on Stormwater Design Projects (Informational Item) Mr. Matthew Harline, Acting City Manager, provided an update on the Stormwater Design Project. Update on Silver Lake Dam Inspection (Informational Item) Mr. Matthew Harline, Acting City Manager, provided an update on the Silver Lake Dam Inspection. Update on the Decommissioning of the McKee Run Power Plant (Informational Item) Mr. Matthew Harline, Acting City Manager, provided an update on the decommissioning of the McKee Run Power Plant. During the Council Meeting, Mr. Anderson expressed concern that they have not had discussions about what they were doing with the decommissioning for about four years. He requested that 45 minutes be allocated on the Utility Committee agenda sometime in March to discuss a utility strategy. Mr. Harline provided a brief update on the City’s utility activities over recent years, including The Integrated Resource Plan, the RFP for alternative energy, the RFP for managing the VanSant turbine, key steps moving forward on the RFP for the decommissioning and the voluntary cleanup program for the McKee Run Power Plant, contracts for capacity, and the PJM market. Mr. Anderson moved for acceptance of the report, seconded by Mr. Sudler and unanimously carried. Mr. Neil moved for adjournment of the Utility Committee meeting. The motion was seconded by Mr. Sudler and unanimously carried. Meeting adjourned at 9:02 p.m. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Neil and unanimously carried. Meeting adjourned at 9:02 p.m. MONTHLY REPORTS - DECEMBER 2020 By motion of Mr. Neil, seconded by Mr. Sudler, 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 Fire Chief's Report (November and December) Police Chief's Report

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 17 Mr. Lindell advised members that he requested Ms. Lori Peddicord, Controller/Treasurer, to review the Controller/Treasurer’s Budget Report in an effort to establish some communication between City Council members and her department, especially when it comes to the budget. Ms. Peddicord provided a brief overview of the Controller/Treasurers Budget Report and advised members that she wanted to make sure that they are providing as much information as Council needs to make good decisions on the City’s financial standings. Mr. Lindell moved for acceptance of the report, seconded by Mr. Anderson and unanimously carried. CITY MANAGER'S ANNOUNCEMENTS Mr. Randy Robertson, City Manager, thanked members for the invitation to join the City and for their confidence in him. He stated that he understands the challenges and looks forward to the opportunity to work in partnership with all the department heads, specifically the police. Mr. Sudler thanked Mr. Robertson for accepting the offer to be a part of the City of Dover Government and noted that he looked forward to working with him. Mr. Hare thanked Mr. Matt Harline, Assistant City Manager, for the excellent job he did as Acting City Manager. Mr. Harline announced that they were still working on reopening plans for March 8, 2021. He noted that as of the previous Friday, they had three active infections on staff, bringing the total to 55 so far. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Hare announced that he would like to have an update on the Diversity and Inclusion Study at the next Council meeting, including what has been done as far as the implementation of it for hiring practices and educating current employees about it. Mr. Hare announced that he was considering holding a retreat in March and requested members to share their opinions on the retreat. Mr. Taylor wished the citizens of Dover Happy Black History Month and welcomed Mr. Randy Robertson to the City. Mr. Taylor, noting the newspaper article that was less than positive, apologized to the citizens of Dover for the unprofessional and poor manners when it came to the decision to put a salary adjustment presentation ahead of the number one topic in the world, which was COVID and the COVID vaccine. After a lengthy discussion, Mr. Sudler suggested having a mediator at the retreat to sit down with individuals with opposing ideas to respectfully agree to disagree or come to a resolution that they can agree on. He stated that Council members have to uphold their code, composure, professionalism, and dignity.

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CITY COUNCIL MEETING OF FEBRUARY 8, 2021 PAGE 18 Mr. Anderson announced that eight families were displaced by a fire in Woodcrest Apartments. He extended prayers and thoughts to each of those families and encouraged people who would like to help to look up the Choose Joy charity or the local chapter of the Red Cross. Mr. Anderson also gave praise to the Fire Department that responds so well, so professionally, and was able to get the fire under control in 30 minutes and save the rest of the building with no casualties. He also recognized the organizations on the ground that are helping those particular families that need help and referred to his Facebook page for more information. Mr. Slavin extended an apology to Councilman Taylor for interrupting him and stated that he was certain they could work together to come to a resolution on the issues. Mr. Neil moved for adjournment, seconded by Mr. Sudler and unanimously carried. Meeting adjourned at 9:23 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of February 8, 2021 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2021\02-08-2021 REGULAR.wpd

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