CCW MINUTES

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole Meeting was held on November 23, 2021 at 6:00 p.m. with Council President Sudler presiding. Members of Council present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Mrs. Arndt, Mr. Rocha, and Mr. Taylor. Mr. Hare was absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration) and Dr. Jackson-Short and Mr. Shelton (Safety Advisory and Transportation). LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Taylor moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Evaluation of Bids - Switchgear Building for Garrison Oak Technology & Business Park (GOTBP) Substation Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the Switchgear Building for Garrison Oak Technology & Business Park (GOTBP) Substation. He noted that they received five bids and, although Siemens was not the low bidder, their submission fully met the specifications and included commissioning in the price, which could provide a cost savings of $20,000 to $30,000 over the Anixter ABB bid. Staff recommended awarding RFP #22-0008EL for the switchgear building for Garrison Oak Technology & Business Park (GOTBP) substation to Siemens in the amount of $1,187,158. Mr. Boggerty moved to recommend approval of Staff’s recommendation, seconded by Mr. Neil and unanimously carried. Evaluation of Bids - Transformer for Garrison Oak Technology & Business Park (GOTBP) Substation Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the Transformer for Garrison Oak Technology & Business Park (GOTBP) Substation. Staff recommended awarding RFP #22-0009EL for the Transformer for Garrison Oak Technology & Business Park (GOTBP) Substation to Anixter (GE 1b) in the amount of $814,188. Responding to Mr. Contant, Mr. Waddell stated he was unsure where the money would be coming from. He had heard that there was cash on hand from previous management or that it may come from a reserve account. Responding to Mr. Sudler, Mr. Waddell stated Ms. Peddicord would have the answer to where the money was coming from. He noted that he did not have access to the software system that would show what account the funds would come from. Mr. Waddell stated he had been in talks with Ms. Peddicord and Mr. Dill and the typical process was to receive final approval for equipment from Council, then have a Purchase Order in hand and he would have to pay 10 percent up front.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 23, 2021 PAGE 2 Responding to Mr. Contant, Mr. Waddell stated this was the fourth bid for this project and the total was $2.3M of a $7M budget. He noted that this would be considered major equipment that would require a lot of foundation work. Mr. Waddell advised that, once approval of the evaluation of bids was granted, it would go to the City’s engineering contractor and they would provide plans for the construction side that would go out for bid. He stated that they were currently on budget with projected costs of equipment. Mr. Rocha moved to recommend awarding RFP #220009EL to Anixter (GE 1b) in the amount of $814,188, as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried. Evaluation of Bids - LED Security Lights for City Lighting Upgrade Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the LED Security Lights for the City lighting upgrade. Staff recommended awarding RFP #22-0012EL to Denney Electric in the amount of $163,680. Responding to Mr. Anderson, Mr. Waddell stated the LED Security Lights are 15-20 watt bulbs that would replace 1,550 conventional 100 watt bulbs, resulting in a financial savings to the City. Mr. Waddell stated that Denney Electric was the second lowest bidder and, although Irby was the lowest, they priced an incorrect photocell and, if corrected, it would have put Irby outside the total cost. Responding to Mr. Neil, Mr. Waddell stated the control center for communicating with the 618 lights was defective and another one has been ordered for replacement at no cost to the City. Responding to Mr. Sudler, Mr. Waddell stated the LED Security Lights went out for bid twice due to a clerical error on the part number. He advised that, after speaking with Mr. Wolfgang, he contacted the companies that had bid on the initial Request for Proposals (RFP) to let them know it was being retracted and re-released with the correct part number. Mr. Neil moved to recommend awarding RFP #22-001EL to Denney Electric, as recommended by staff. The motion was seconded by Mr. Shevock and unanimously carried. Mr. moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mrs. Arndt and unanimously carried. Meeting adjourned at 6:17 p.m. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee met with Chairman Taylor presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mrs. Arndt and unanimously carried.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 23, 2021 PAGE 3 Creation of an Ad - Hoc Committee to Discuss the Effects and Implementation of Proposed Ordinance #2021-26 - Creating a New Chapter 28 - Dawdling (Councilman Ralph Taylor, Jr.) Mr. Taylor, briefed Committee members on the creation of an ad-hoc committee to discuss the effects and implementation of Proposed Ordinance #2021-26, which would create a new Chapter 28 - Dawdling. Responding to Mr. Taylor, Mr. Sudler stated he would recommend that members include the American Civil Liberties Union (ACLU), the National Association for the Advancement of Colored People (NAACP), a representative from Delaware State University, and the Interdenominational Ministerial Alliance (IMA) or any other faith-based religious organization that expressed interest in being on the committee. Ms. Leandra Casson Marshall, 3 Starboard Court, advised that she would like to join the committee representing herself and the Interdenominational Ministerial Alliance (IMA). Responding to Mr. Taylor, Mrs. Arndt stated that City Council was awaiting a legal opinion to determine if Council was moving forward with the ordinance as proposed. She suggested that before forming a committee or discussing how it should be implemented, Council members should await the legal opinion to see if the proposed ordinance could be implemented legally. Responding to Mr. Taylor, Mr. Sudler stated the synopsis of the legal opinion was to check with the ACLU and the community. Responding to Mr. Sudler, Mrs. Traci McDowell, Interim City Clerk, stated that she thought the discussion of the legal opinion would take place with Mr. Rodriguez, City Solicitor, in an executive session . She noted that this item was added to the agenda to discuss the formation of the Ad-Hoc Committee to work on the ordinance, with the assistance of the ACLU and other groups. Responding to Mr. Taylor, Mr. Neil stated that bringing in the ACLU and a lawyer associated with the NAACP to look at the ordinance was a good idea. He noted that the purpose of the committee was to un-demonize something that was needed. Mr. Neil advised that the ordinance would not add a criminal aspect to a person, only a fine. He stated that the City of Dover was being hurt by what was happening in the downtown area, businesses are drying up, and people do not want to visit the downtown. Responding to Mr. Taylor, Mr. Boggerty stated he was looking forward to serving on the committee and would keep an open mind and come to a resolution that does not appear to target anyone. Mr. Boggerty advised that he was also a member of the Downtown Dover Partnership Committee on Safety and Advisory and the issues with downtown businesses at a certain point had nothing to do with people feeling it was dangerous, it had to do with the economy, sustainability, and parking. Responding to Mr. Taylor, Dr. Jackson stated it was important to look at who was being targeted and who was creating the issues and then identify ways to help resolve the issues before looking into creating an ordinance. Dr. Jackson advised that she suggested the formation of an ad-hoc committee to discuss the ordinance and noted that, until they received all the information, they were moving blindly. Responding to Mr. Taylor, Mr. Shelton stated that it was important to understand how this would benefit the City of Dover and to get people involved. He noted that he would like to involve students from Delaware

COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 23, 2021 PAGE 4 State University or a Dover High School Student to have them discuss what was going to provide a better understanding; however, he suggested understanding the legal ramification before moving forward. Reverend Rita Paige, 355 Rita Wilma Road, advised that she would like to serve on the committee to represent the IMA Social Action Committee. Responding to Mr. Taylor, Mr. Neil stated that the Police Department would be able to advise them about who is creating the disturbances. Responding to Mr. Taylor, Mr. Boggerty stated that adding an addendum to the nuisance ordinance to hold businesses accountable for the actions of the people in and around their businesses at a certain time could solve some of the problems. He noted that every other business around Dover that has had a nuisance issue had been closed or has taken appropriate action to resolve the issues. Mr. Michael Hermann, 14697 John Peel Road, Galena, Maryland stated that he agreed with Mr. Shelton that representatives of this committee should reflect the population they were trying to target. Mr. Sudler stated that in 2018 they spoke with the community, the Department of Justice, Alcohol Tobacco and Firearms (ATF), and the Mayor’s Office to look at their nuisance laws and did adjust the ordinance. He advised that, if a business was negligent and knew that their patrons were not in compliance with the rules and regulations, they would be fined $1000. Dr. Jackson stated that she was present for the discussion in 2018 and she agreed with Mr. Sudler. She also stated that until they could identify the people involved they could not bring them to the table. Mr. Anderson moved to recommend tabling Creation of an Ad-Hoc Committee to Discuss the Effects and Implementation of Proposed Ordinance #2021 - 26 - Creating a New Chapter 28 - Dawdling until the January Safety Advisory and Transportation Committee meeting. The motion was seconded by Mr. Neil and unanimously carried. Mr. Neil moved for adjournment of the Safety Advisory and Transportation Committee meeting, seconded by Mr. Rocha and unanimously carried. Meeting adjourned at 7:01 p.m. Mr. Neil moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Rocha and unanimously carried. Meeting adjourned at 7:02 p.m. Roy Sudler Jr. Council President RS/RE S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2021\11-23-2021 CCW MINUTES.wpd