CCW MINUTES AND ATTACHMENT

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole Meeting was held on March 15, 2022 at 6:00 p.m. with Councilwoman Arndt presiding in the absence of Council President Sudler. Members of Council present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mr. Rocha, Mr. Taylor and Mr. Hare. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Contant (via video) and Mr. Shevock (via video) (Legislative, Finance, and Administration). LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Hare and unanimously carried. Evaluation of Bids - Vac Truck - Bid Number 22-0021PW (Mark Nowak, Public Works Director) Mr. Mark Nowak, Public Works Director, reviewed the background and analysis regarding the Evaluation of Bids for the Vac Truck, Bid Number 22-0021PW. Staff recommended awarding the contract to THC Enterprises, Inc. t/a Mid-Atlantic Waste Systems, for the City of Dover Truck Mounted Single Engine Jet/Vacuum Combination Sewer Cleaner, Bid #22-0021PW, for the amount of $399,040). Responding to Mr. Boggerty, Mr. Nowak explained the 2006 Vac Truck is being sold on www.GovDeals.com. Responding to Mr. Contant, Mr. Nowak stated the money being used to cover the overage cost of the Vac Truck is coming from money not being used for the Silver Lake Dam repair. Responding to Mr. Taylor, Mr. Nowak explained the Vac Truck does come with a warranty, and the city will use the warranty coverage when necessary. Mr. Hare moved to recommend awarding the contract to THC Enterprises, Inc. t/a Mid-Atlantic Waste Systems, for the City of Dover Truck Mounted Single Engine Jet/Vacuum Combination Sewer Cleaner, Bid #22-0021PW, for the amount of $399,040, as recommended by staff. The motion was seconded by Mr. Rocha and unanimously carried. Sale and Disposition of Excess Real Property - 710 and 715 Slaughter Street (Dave Hugg, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the sale and disposition of excess real property located at 710 and 715 Slaughter Street. Staff recommended to: 1. Determine that the property is excess property; 2. Authorize the City Manager to convey the excess property in accordance with Chapter 2, Section 2-422 D - Standard Method of Disposition and 2-422 (c) relating to recovery of costs unless requested by the City

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 15, 2022 PAGE 2 Council to dispose in accordance with Chapter 2, Section E - Exception to Standard Method of Disposition; and 3. Authorize the City Manager's Office to negotiate a final sale price. Responding to Mr. Neil, Mr. Hugg stated 710 and 715 Slaughter Street are both empty lots. 710 Slaughter street is a fair sized lot and easy to build on, however, 715 is much more narrow. Mr. Hugg explained there has been interest from an adjacent property owner in acquiring 715 Slaughter Street. Responding to Mayor Christiansen, Mr. Hugg stated the properties were acquired in a monition sale and the title of each property is in the name of the City of Dover. When the property is purchased, the purchaser will receive the title free and clear. Mr. Hugg also explained the city’s obligation on the property of 710 Slaughter Street is $14,397.11 and on 715 Slaughter Street it is $9,372.59. Mr. Hugg stated due to the city’s obligation and legal fees at the time of sale the minimum sealed bid for 710 Slaughter Street will be $15,300 and the minimum sealed bid for 715 Slaughter Street will be $10,400. Mr. Neil moved to recommend approval of the following: 1. Determine that the property is excess property; 2. Authorize the City Manager to convey the excess property in accordance with Chapter 2, Section 2-422 D - Standard Method of Disposition and 2-422 (c) relating to recovery of costs unless requested by the City Council to dispose in accordance with Chapter 2, Section E - Exception to Standard Method of Disposition; and 3. Authorize the City Manager's Office to negotiate a final sale price., as recommended by staff. The motion was seconded by Mr. Boggerty and unanimously carried. Proposed Charter Amendments to the City of Dover Charter, (Dave Hugg, City Manager) Mr. David S. Hugg, III, City Manager, reviewed the proposed amendments to the City of Dover Charter. Staff recommended approval of the proposed amendments to the City of Dover Charter; adoption by City Council of the subsequent Resolution requesting the General Assembly to amend the Charter and adoption of the subsequent Ordinance amendments. Mr. Hugg provided a memo dated March 15, 2022, (Attachment #1) which explained that conduit bonds are bonds issued by a jurisdiction on behalf of a private party for the purposes of building or doing things that have a public benefit, such as hospitals, industrial parks, and airports. Mr. Hugg stated the memo includes proposed language that would be enabling legislation only, it would set parameters for the City’s ability to issue conduit bonds in the future. Responding to Mr. Anderson, Mr. Hugg stated conduit bonds are a type of revenue bond and would need to used for a project that would generate revenue. He further explained other uses for conduit bonds could be affordable housing, charter schools, and colleges. Mr. Hugg stated an advantage of conduit bonds is they are considered tax exempt. He noted that conduit bonds sell at a slight increase over municipal revenue bonds because they are not tied to the faith and credit of the municipality, but they sell at a cheaper rate than commercial financing.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 15, 2022 PAGE 3 Mr. Neil stated he would encourage looking into conduit bonds and enabling legislation to permit the use in the City of Dover. Mr. Contant stated he was in favor of finding unique ways to finance the city and that he was in full support of exploring what the city needs to do and what enabling language would be needed. Responding to Mr. Boggerty, Mr. Hugg stated conduit bonds would be available to investors and could be purchased through a bond broker. Responding to Mr. Boggerty, Mr. Anderson stated members of Council would not be prohibited from investing in conduit bonds because Council would be informed at the same time as the public. Responding to Mayor Christiansen, Mr. Hugg stated the principle and interest obligation of a conduit bond is on the borrower. He further explained that conduit bonds provide a lower cost financing for a project that is a benefit to the public. Mayor Christiansen stated conduit bonds would be a great economic development tool. Responding to Mr. Rocha, Ms. Lori Peddicord, Controller/Treasurer, stated any bonding project and future bonds would need Council’s approval. Mayor Christiansen requested bond counsel to be present at a future Council Meeting to answer questions regarding conduit bonds. Mr. Taylor moved to amend City of Dover Charter, Section 9 - Meetings of mayor and council - Generally, Paragraph 4, line 382 to read as follows: In the event of the absence of council president, then the member of council selected by the council president shall assume the duties of the council president and shall be designated council president acting. Council president acting shall fulfill all of the duties and responsibilities of council president during their period of unavailability or absence. The motion was seconded by Mr. Anderson. Responding to Mr. Boggerty, Mr. Taylor recommended amending the motion to state: In the event of the absence of the council president, then the senior member of council in terms of length of service as a councilmember or the council president’s designee shall assume the duties of the council president and shall be designated council president acting. In the event that two (2) or more members of council have the same seniority in terms of length of service as a councilmember, then the members of council shall vote and elect one of those as council president acting. Council president acting shall fulfill all of the duties and responsibilities of council president during their period of unavailability or absence. Mr. Neil stated he was in support of the motion, however after a period of time an election should be held to fill the vacancy left by the absence of the council president. Mrs. Arndt stated the purpose of having it in the charter and to have a specific designated person is for those unforeseen circumstances, to have that continuity. She also agreed that it was a valuable opportunity for new members of council to get experience.

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 15, 2022 PAGE 4 Mr. Anderson stated the amended motion would allow a seamless transition in an incapacity situation. He further explained if the council president was out for only one meeting it would allow younger members of council experience. Mayor Christiansen stated during his 11-year term as Council President, if he was unavailable to chair the meeting the Chair of the Legislative, Finance, and Administration Committee would chair. Mayor Christiansen agreed with Mr. Neil that after a time period of 30 days, if the council president was going to come back, that council put into place the opportunity for the members of council to elect a council president pro tempore who would fill in until the return of the council president. Mr. Rocha and Mr. Taylor agreed with Mayor Christiansen and Mr. Neil that a provision should be added for an election of a council president pro tempore. Mr. Anderson moved to recommend that staff draft an amendment of Section 9 - Meetings of mayor and council - Generally, Paragraph 4, line 382 to read as follows: In the event of the absence of the council president, then the senior member of council in terms of length of service as a councilmember or the council president’s designee shall assume the duties of the council president and shall be designated council president acting. In the event that two (2) or more members of council have the same seniority in terms of length of service as a councilmember, then the members of council shall vote and elect one of those as council president acting. Council president acting shall fulfill all of the duties and responsibilities of council president during their period of unavailability or absence. After a period of 30 days council will hold an election for a council president pro tempore, who will fill the vacancy until the council president returns. The motion was seconded by Mr. Rocha and unanimously carried. Mr. Hare moved to accept Section 12. Compensation; expenses - Mayor, council members, and other elected or appointed officials as amended. The motion was seconded by Mr. Anderson. Mr. Neil stated suggested pay increases should be tied to non-bargaining employee raises. He noted that he felt that Section 12. Compensation; expenses - Mayor, council members, and other elected or appointed officials, line 441should include “but no ordinance increasing the salary of the mayor or city council members shall become effective until the date of commencement of the terms of the mayor or council members elected at the next regular election.” Mr. Hare, disagreeing with Mr. Neil, explained that legislators and other municipalities tie their pay increases into the Fiscal Year Budget ordinance that is adopted annually. Mr. Rocha and Mr. Taylor agreed with Mr. Hare. Mr. Anderson stated the city was currently raising the salary of city employees to a minimum wage of fifteen dollars an hour. He explained that if the city was currently raising the salary of all low wage employees, council should be included because they are currently below minimum wage. Responding to Mr. Anderson, Mayor Christiansen stated the public has a safety valve in its mayor with a veto. He agreed that the council needed compensation and the mayor's office also needs to

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 15, 2022 PAGE 5 be evaluated as well. Mayor Christiansen further explained that the employees that make the city shine on a daily basis are the ones who are not being paid what they should be paid, which is evident by the number of vacancies and the number of people that go elsewhere to work for the benefits and pay. Mr. Hare moved to amend the motion amending Section 12. Compensation; expenses - Mayor, council members, and other elected or appointed officials to include that once council pay is established in the FY 23 budget, all future council pay raises will be tied to non-bargaining employees. The motion was seconded by Mr. Boggerty. Mr. Contant noted that he was opposed to striking Section 12. Compensation; expenses - Mayor, council members, and other elected or appointed officials, line 441 from the Charter. Responding to Mr. Contant, Mr. Hare explained the base pay was going to be discussed in the upcoming budget discussions. Responding to Mrs. Arndt, Mr. Hugg stated there would be a separate ordinance to set the compensation of the City Council and that ordinance would become part of the adoption of the Fiscal Year Budget. Mr. Hare moved to amend the motion amending Section 12. Compensation; expenses - Mayor, council members, and other elected or appointed officials to include that once council pay is established in the Fiscal Year 2023 Budget all future council pay raises will be tied to non-bargaining employees. The motion was seconded by Mr. Boggerty and carried with Mr. Neil and Mr. Contant voting no (Sudler absent). Mr. Boggerty moved to amend Article III - City Manager, Section 33 - The city manager generally, line 735 to read “the city manager must be a resident of Kent County within 180 days of the time of hire.” The motion was seconded by Mr. Hare and unanimously carried. Mr. Anderson moved to amend the City of Dover Charter, Section 5 - Miscellaneous Provisions, Section 53 - Police; mayor to be conservator of peace, line 1168 to read “a majority vote”. The motion was seconded by Mr. Hare. Mayor Christiasen stated he was opposed and it was imperative for the city to keep the two-thirds vote for the removal of the Police Chief. He stated the city put in place a selection process for the hiring of the Police Chief and Council should have continuity and a maintenance of standards in the two-thirds majority required to remove a Police Chief. Responding to Mr. Rocha, Mr. Anderson stated a two-thirds majority would be six councilmembers. Mr. Taylor agreed with Mayor Christiansen and noted that he supports the two-thirds majority. Mr. Anderson moved to amend the City of Dover Charter, Section 5 - Miscellaneous Provisions, Section 53 - Police; mayor to be conservator of peace, line 1168 to read “to a majority vote”. The motion was seconded by Mr. Hare and failed with a vote of one yes (Anderson) and nine no (Arndt, Boggerty, Neil, Pillsbury, Rocha, Taylor, Hare, Contant and Mr. Shevock)(Mr. Sudler was absent).

COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 15, 2022 PAGE 6 Mr. Anderson moved to amend the City of Dover Charter, Section 5 - Miscellaneous Provisions, Section 54 - City Solicitor, line 1201 by striking through three-fourths and adding majority. The motion failed due to lack of second. Mr. Neil moved to deny the recommended amendment of the City of Dover Charter, Section 54 - City Solicitor and to keep the city solicitor and deputy city solicitor as being appointed annually. The motion was seconded by Mr. Hare and unanimously carried. Mr. Hare moved to send the City of Dover Charter amendments to Council for consideration, as discussed. The motion was seconded by Mr. Shevock and unanimously carried Mr. Hare moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Contant and unanimously carried. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Neil and unanimously carried. Meeting adjourned at 8:02 p.m. Roy Sudler Jr. Council President RE/ar/ab/tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\TEMPLATES\CCW Minutes TEMPLATE.wpd Attachments Attachment #1 - Memo - March 15, 2022 - Conduit Bonds

ATTACHMENT #1 Council Committee of the Whole Meeting of 03/15/2022 For Council consideration – Conduit Bond Authority First thoughts. I’m looking for the Kent County charter provisions but found a number of articles and definitions that are applicable. Here is one option (cobbled together from a few sources) that could be added to the charter after line 1082: (iii) to issue tax exempt municipal conduit bonds to make proceeds available to a private entity in furtherance of revenue generating projects that benefit the general public. Such bonds may be issued for but not limited to industrial and housing projects, economic development and redevelopment projects, public facilities, schools, hospitals, and other large-scale projects. The conduit borrower shall, unless otherwise determined by the City in the bond document, be responsible for interest and principal payments on the bonds and for the obligation in event of default. Such bonds shall not be backed by the full faith and credit of the City, by taxation, or by municipal assets. A NASDAQ definition reads “a conduit bond is a type of municipal bond sold by a governmental entity for the purpose of making proceeds available to a private entity usually in furtherance of a public purpose.” These often take the form of industrial development bonds. 3/15/22