CCW MINUTES AND ATTACHMENTS

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on July 12, 2022, at 6:06 p.m., with Council President Sudler presiding. Members of Council present were Mr. Neil, Dr. Pillsbury (via WebEx), Ms. Arndt, and Mr. Rocha. Mr. Anderson, Mr. Taylor, and Mr. Hare were absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Lewis and Mr. Tholstrup (Parks, Recreation and Community Enhancement), Dana Shelton (Utility), and Mr. Contant and Mr. Shevock (via WebEx) (Legislative, Finance, and Administration). Mr. McCutcheon (Utility) was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairwoman Arndt presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. Presentation of Meeting House Branch Drainage Improvement Project (Joshua Barth, Public Works Department) Mr. Joshua Barth, Public Works Department, reviewed the presentation entitled "Presentation of Meeting House Branch Drainage Improvement Project." Responding to Mr. Rocha, Mr. Barth stated that the two concrete areas are clarifying rings left over from the wastewater treatment facility. Mr. Barth explained they would act as a cap when they clean up the site because sampling was not done under the concrete. Mr. Barth further explained that if they tear up the rings or concrete, the city would have to sample and clean up whatever may be under it. Mr. Barth stated leaving the concrete is an allowable cleanup option under the state, the concrete acts as a cap or protective layer to the soil underneath. Responding to Mr. Rocha, Mr. Barth stated that the caps, like everything, have a lifespan. Mr. Barth explained that it comes down to cost versus benefit. Mr. Barth further explained that it is a matter of what resources and finances the city would like to invest in a property to clean up. Mr. Barth stated everything has a lifespan of 25, 30, or 40 years. Responding to Mr. Rocha, Mr. Barth confirmed that the presented cleanup options would be the Delaware Department of Natural Resources that will decide the cleanup options required given the land use. Mr. Barth stated the Delaware Department of Natural Resources is aware the end land use will be a Drainage Improvement Project and a potential park. Mr. Barth reassured that the state would not approve of a cleanup option if it were inappropriate. Mr. Neil stated they would be discussing this again when they make the AECOM contract because this is the start of this thing. Mr. Neil explained that there were a lot of options for this area. Mr. Neil explained one of the options was that they do not do anything. Mr. Neil stated he believed if they are

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 2 going to be dealing with the remediation, it falls to the state to tell them what to do for this situation. Mr. Neil stated that when they discuss the AECOM contract, which is starting the remediation, to see what the expense looks like, it will be tremendous because of the options they have given. Mr. Neil expressed there are still a lot of questions regarding crossing South Street, will there be a road or a bridge, or do they want to use the south end of State Street to do that? Mr. Neil stated that all these things are there, and he hopes they have the things that are not provided, which could add additional costs. Mr. Neil noted this would be an expensive project and hoped the attorneys look at it to ensure that they cover all the grounds when preparing this contract. Mr. Neil stated the agreement should go through quickly because they need it. Mr. Neil said it would be a very interesting process, and everything done would affect what they were discussing with Downtown Dover Partnership and Mosaic. Mr. Neil suggested touching base with Downtown Dover Partnership because he believes it is essential in terms of what the plans will be in the future for the downtown. After all, this is the heart of downtown that's affected. Responding to Mr. Tholstrup, Mr. Barth stated he did not feel comfortable discussing the river walk. Mr. Barth noted there are no conceptual plans yet for the park. However, Mr. Barth did explain that the plan to open the channel that was once from State Street down to the St. Jones River is now a storm pipe that carries stormwater to the river, and that essentially is where the Meeting House Branch used to be. Mr. Barth further explained that the plan is to remove those pipes, allow the water to flow more naturally, and restore the area to its original beauty, an open stream. Mr. Barth noted that it would fit and compliment a park because there would be a natural water feature. However, there are not any specific plans for a park. Responding to Mr. Tholstrup, Mr. Barth stated the property adjacent to the St. Jones River, the city owns 4.5-5 acres of that property. Responding to Mr. Tholstrup, Mr. Barth stated the area was analyzed by three engineering firms PSC Engineering in 1989, Becker Morgan in 2009, and AECOM in 2015. Mr. Barth noted the last report he reviewed was the Becker Morgan, and they did a hydraulic analysis for the area based upon the drainage area and would wipe out the 25-year storm event. Mr. Barth stated that it concerned him that downtown floods during heavy rain would be a 10–15-year type flood event. Responding to Mayor Christiansen, Mr. Barth stated the current plans do not include the parking lot on the site of the old box outlet or the paving over the northeast corner of Governors and Water Street. Mr. Barth noted once they are in the final stages of completing the design, they can have those firms communicate with one another to account for that within the latest analysis. Mr. Barth stated that it sounded like they were going to cover how to manage stormwater at the family courthouse and potentially store stormwater. Mr. Barth explained this would help resolve the flooding issue downtown even more, as there would be less water going down to the bottleneck. Ms. Arndt suggested making sure the residents at Elm Terrace are involved in the process. Ms. Arndt explained that if they know what is going on and why people are out there, it will alleviate any concerns they might have regarding potential flooding on their properties. NCALL Donation of 7,176 square feet of 235 North Kirkwood Street to the City of Dover (David S. Hugg, III, City Manager)

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 3 Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding donating 7,176 square feet of 235 North Kirkwood Street to the City of Dover. The staff recommended acceptance of the donation. Mr. Sudler moved to recommend acceptance of the donation, as recommended by staff. The motion was seconded by Mr. Rocha and unanimously carried. Mayor and Council Reports Council President Sudler Mr. Sudler reviewed Attachment #1 entitled "Council – President/District 4 Report". First District Dr. Pillsbury stated she attended the 4th of July Celebration. Dr. Pillsbury said she received a complaint from a constituent in Bicentennial Village regarding their electric bill. Dr. Pillsbury explained the billing cycle was for 6/1-7/5, and the rate increase did not take effect until July 1st; however, they were billed for the increased rate for the entire month. Dr. Pillsbury did not believe this to be fair. Dr. Pillsbury stated the answer she received from staff is that is the way it has always been done. Responding to Dr. Pillsbury, Ms. Arndt stated they would have someone look into this issue. Mr. Rocha stated once Dr. Pillsbury returns; he would like to reach out to her about a plan of constituent engagement in the First District. Mr. Rocha said they would develop a platform where constituents or representatives of each housing area in the First District can communicate with the councilpersons and bring issues to their attention in one forum. Ms. Arndt asked Mr. Rocha to keep them updated, and it may be something they could use across all districts. Second District Mr. Hare and Mr. Taylor were absent. Third District Mr. Neil stated he attended two special meetings, one on June 1st dealing with Kings Cliff, and thanks to the staff, via WebEx, they were able to bring in the Attorney General's office on June 9th with Councilman Boggerty. Mr. Neil also attended a renter's rights discussion with a representative of NCALL, the Construction and Property Maintenance Code Board of Appeals hearing with Councilman Anderson, Councilman Rocha, and civilians on June 8th. Mr. Neil stated he testified twice at Legislative Hall on bills that affect lease land homeowners in Dover. Mr. Neil noted he came out on the short end of it, but that game will continue. Mr. Neil stated he attended two Habitat for Humanity meetings during June. On June 10, 2022, the kickoff of the Restore event, and then on July 12, 2022, along with Mayor Christiansen, Dave Hugg, Councilman Taylor, and Dawn Melson Williams, dealing with the remediation, their progress to date, and options that they put out for us. Mr. Neil stated he spoke to Diane Laird, Director of Downtown Dover Partnership (DDP), and relayed Dr. Pillsbury's request to have them report to council monthly or as quickly as possible. Mr. Neil stated he and staff are invited to different meetings so that they have input and can report to council

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 4 themselves. Mr. Neil explained that the DDP wants the council involved and to keep them informed about what is happening. Mr. Neil stated he attended the African American Festival on June the 11th, June the 16th, the tourism meeting on June the 18th, Comic-Con Festival at the Dover Public Library, the entire area around Legislative Hall, and to Downtown Dover Partnership's meetings. Mr. Neil also attended the July 4th parade, and on July 9th, he sat on the reviewing stand of the Hundredth Anniversary of the Delaware Volunteer Firefighter's Association. Mr. Neil noted there were 10 council meetings from the beginning of June through July 12, including the homework that goes into preparation for those meetings and emails from constituents and staff. Fourth District Mr. Anderson was absent. Mr. Sudler included his Fourth District Report in Attachment #1 - Council – President/District 4 Report At-Large Mr. Boggerty was absent. Mayor Christiansen Mayor Christiansen reviewed Attachment #2 - Mayor's Report. Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement Committee; hearing no objection, the meeting adjourned at 6:50 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried. Engineering Support – Water Street and South Governors Avenue (Jason Lyon, Director of Water Wastewater) Mr. Jason Lyon, Director of Water Wastewater, reviewed the background and analysis regarding the engineering design support to increase stormwater storage. Staff recommended authorizing additional engineering design support to the Office of Management and Budget, Division of Facilities Management to increase stormwater storage for $16,500. Responding to Mr. Neil, Mr. Lyon stated they cannot say if it would help with a 10-year or 25-year storm because the design has not taken place yet. Responding to Mr. Rocha, Mr. Lyon stated the entire area would drain to the Meeting House Branch and eventually out to the Saint Jones River. Mr. Lyon noted the stormwater would be held in the parking lot, which is slightly higher than the road. Mr. Lyon explained the water would be let out, and the downstream piping could handle it.

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 5 Responding to Ms. Arndt, Mr. Lyon stated the design had not been completed, but the idea is a storm tech system where the water goes under the pavement. Mr. Lyon explained the sediment and other particulates that are carried with the water through the pavement will get stored in the stone and will not be released out with the water. Mr. Lyon noted it is like a stormwater pond where you have a stone, a veer that filters out before it gets to the actual pond. Mr. Lyon stated this should help improve the quality of water. Responding to Mr. Sudler, Mr. Lyon stated he could not predict when it would need to be cleaned without the completed design. Mr. Lyon explained that the system has a monitoring port where they can open it like a manhole and use a back truck to clean it out. Mr. Neil moved to recommend authorizing additional engineering design support to the Office of Management and Budget, Division of Facilities Management, to increase stormwater storage in the amount of $16,500, as recommended by staff. The motion was seconded by Ms. Arndt and unanimously carried. Mr. Rocha moved for adjournment of the Utility Committee, hearing no objection, the meeting adjourned at 6:59 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Council President Sudler presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried. Evaluation of Bids – Garrison Oak Technology & Business Park (GOTBP) Substation Switchgear (Shawn Burgett, Engineering Services and System Operations Superintendent, Electric Department) Mr. Shawn Burgett, Engineering Services and System Operation Superintendent, Electric Department, reviewed the background and analysis regarding the Substation Switchgear. Staff recommended awarding contract #22-0036EL to Siemens. Responding to Mr. Neil, Mr. Burgett stated this is not part of the $5 million grant received. However, Mr. Burgett explained this was approved in the budget for this project. Responding to Mr. Contant, Mr. Burgett stated he did not have the previous two packages approved by the council. Mr. Burgett said he did not want to give the wrong information and would get the information to council. Mr. Contant requested a breakdown of all the authorizations for Garrison Oak Technology & Business Park Substation Switch Gear by project number to include the original amount authorized, the original amount that was budgeted, the authorization they are seeking, and the amount that has been spent to date.

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 6 Responding to Mr. Rocha, Mr. Burgett stated the $1.7 million is within the $7 million budget. Mr. Burgett explained that by the time the second vendor began to progress, the price jumped drastically, and the Electric Department could not sign off on the change order. Mr. Contant suggested moving forward; the Committee Action Form states the amount budgeted for the project and what portion of that budget is being requested for approval. Responding to Mr. Rocha, Mr. Contant stated he believed the committee should not wait to vote and approve this item. Mr. Contant explained that most suppliers are securing 30-day contracts and are not entertaining anything beyond that due to prices changing rapidly. Mr. Contant stated he would still approve this item tonight, not to cause a delay but would like to see the breakdowns. Ms. Arndt moved to recommend awarding contract #22-0036EL to Siemens, as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried. Proposed Budget Amendment to the 2019 CDBG Action Plan with the special allocation authorized by the Coronavirus Aid Relief and Economic Security Act (CARES Act) (Tracey Harvey, CDBG Program Manager) Ms. Tracey Harvey, CDBG Program Manager, reviewed the background and analysis of the Proposed Budget Amendment to the 2019 CDBG Action Plan. Staff recommended the approval of the Proposed Budget Amendment totaling $91 931 for Fiscal Year 2019. Responding to Mr. Sudler, Ms. Harvey stated that there is no need to advertise vouchers or assistance through Dover Interfaith Mission for Housing because there is already a waiting list. Responding to Ms. Arndt, Ms. Harvey stated she did not know if there was a preference for families over single individuals. Ms. Harvey explained she would have to get that information from Dover Interfaith Mission for Housing. Ms. Harvey noted the invoices she has received thus far it has been about 50/50. Mr. Neil moved to recommend approval of the Proposed Budget Amendment totaling $91,931 for Fiscal Year 2019, as recommended by staff. The motion was seconded by Mr. Rocha and unanimously carried. Consideration of School Resource Officer (SRO) requests (Chief Thomas Johnson, Dover Police Department) Chief Johnson reviewed the background and analysis for approving SRO requests. Staff recommended the approval of School Resource Officer requests, contingent on funding from requestors. Responding to Mr. Neil, Chief Johnson stated he informed the charter school that if this were authorized, to be advised he may not be able to fill the position on a timetable due to finding the appropriate staff. Chief Johnson explained he has 13 applicants in a background investigation and four files from the first cycle of this year's hiring process that would be suitable for police employment. Chief Johnson noted these applicants would fill his attrition. Chief Johnson further explained he still

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 7 needs to fill the positions that council authorized for the downtown area. Chief Johnson stated he would continue to work on the process of finding appropriate members of the police department to fill these positions. Chief Johnson said he would make it available for the October academy. Responding to Mr. Neil, Chief Johnson explained the police department is organized on missions, and all divisions, sections, and units, have a specific mission, and they are either at strength or under strength; the SROs would be an additional mission and would have to wait until staff was available. Responding to Mr. Rocha, Chief Johnson stated most retired Delaware Police Officers are beyond the age of eligibility for hire as a Dover Police officer. Chief Johnson also explained a mandatory year of service retirement piece that is pension-related and age-related. Finally, Chief Johnson noted it was not impossible but more improbable that a retired officer that made an entire career anywhere could come and be a police officer for the Dover Police Department. Responding to Mr. Contant, Chief Johnson stated he had discussed implementation with the schools. Chief Johnson explained he would need to recruit and fill slots, and attrition would take the first precedence as a priority. Chief Johnson noted the Dover Police Department is in an SRO relationship with Capital School District. If they requested more officers, they would also need to be filled and balance the downtown mission. Chief Johnson stated that 85% of the children attending this charter school live in the incorporated limits of Dover, and there is a waiting list. Chief Johnson noted the school would continue to grow and needed to be included in their safety program. Responding to Mr. Contant, Chief Johnson stated they use a Memorandum of Understanding (MOU) modeled after the state police that has existed for many years. Chief Johnson noted revisions made as the law changed, but it is a basic relationship agreement that is a fee for services. Chief Johnson stated he would prefer the contact from an accounting standpoint to match cost for expense in a particular budget year. Chief Johnson said the first year is the heaviest because they must account for gear and uniforms for a new officer. He stated that after those initial overhead costs are incurred, the cost is lower; in years two and three. Chief Johnson further explained that year three is slightly higher than year two because you must adjust for the Federal Order of Police contract and anticipated raises. Mayor Christiansen stated other schools had made inquiries, but they have not formalized those inquiries and will return to the Legislative, Finance, and Administration Committee for the approvals to facilitate the protection of our school children. Responding to Mayor Christiansen, Chief Johnson confirmed the new Gun Legislation that the President signed does include provisions for funding school security and SROs. However, Chief Johnson noted there is no supplemental guidance on what the process is to be followed or what the criteria will be. Mr. Sudler asked for clarity on the staff recommendation compared to the Committee Action Form. Mr. Sudler stated as a District 4 representative, the constituents are concerned about the safety, and even though he supports SRO's he does not feel comfortable supporting this with the shortage of workforce and the need in his view for the community police officers and everything that the community is calling for with the loitering issues. Mr. Sudler noted to extend their workforce to charter schools could be a Public Relations nightmare; he believes the timing is wrong. Mr. Sudler explained

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 8 they are asking for more officers and utilizing the officers they do have. Mr. Sudler further explained this is stretching them thin, and officers are needed to address concerns in the downtown and surrounding areas. Mr. Sudler stated he did not feel comfortable at this time supporting staff recommendations, nor did he support the concept in theory. Mr. Sudler noted that if the police department was at full strength and concerns downtown, loitering, and business owners had decreased tremendously, he would feel more comfortable supporting this initiative. Responding to Mr. Rocha, Chief Johnson stated that through regular attrition and the two additional officers for downtown, the total is six officers, and then approved SRO would be added to that number. Chief Johnson explained that after discussion with the City Manager, he applied for a COPS grant to try and get additional federal funding to accelerate the process of finding the money necessary to increase the downtown officers to five. Responding to Mr. Rocha, Chief Johnson stated conceptually that the idea was to have five officers for the downtown area; however, council approved two officers. Chief Johnson explained the COPS grant would potentially add an additional officer. Chief Johnson further explained that in the FY24 budget, if it allows, they could discuss adding the extra two officers to reach the goal of five officers for downtown. Responding to Mr. Rocha, Chief Johnson stated regarding an SRO; it would depend on if the applicant was a certified officer or if they would need to go through the academy. Additionally, Chief Johnson clarified a new officer would not be an SRO; they would go into patrol, and they would find a veteran officer to fill the SRO position. Mr. Rocha stated he understood Council President Sudler's concerns, and it is something to consider but at the same time, he is a proponent of taking care of our children. Mr. Rocha noted in the school system we must realize that protections in the schools based on the current climate are very needed and necessary to brace ourselves for the protection of our children. Mr. Neil stated they have a moral obligation to do this. Mr. Neil said this is mission directed, and the last person coming in on this after the downtown commitment would be the SRO's; it does not change downtown at all. Mr. Neil explained the officers for the downtown area would be filled first, and the SRO would be a separate mission from that, it would not detract from what had been promised for downtown. Mr. Neil stated he supported the SRO's and morally did not feel they could turn their back on any charter school or others, knowing that they would have to wait until they had the talent and trained officers in those schools. Mayor Christiansen stated he rarely disagrees with Mr. Sudler; he does understand his position, but the media has helped identify one of the most vulnerable and soft targets we have in our country, which is our children. Mayor Christiansen stated he would not want to sit there with his fellow government officials and council members and explain why they were reluctant to act on protecting the most valuable asset we have in our community. Mayor Christiansen stated he was not criticizing Mr. Sudler because he is a man of his word. Mayor Christiansen explained they had instructed the Chief to take on a mission of providing public safety downtown. He now has another mission to protect the most vulnerable amongst us.

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 9 Responding to Mr. Sudler, Dr. Michelle Marinucci, Head of the Academy of Dover Charter School, stated they have not increased in troubling behaviors but have been paying attention to what is happening across the nation. Dr. Marinucci said there had been an increase in violent acts near or around them. Dr. Marinucci noted that the school has grown to K-8 this year and is aware of the new experiences that having older children may bring. Dr. Marinucci explained that when the shooting in Michigan took place, their team came together and discussed how they would handle the situation. Dr. Marinucci further explained they took many steps to be as proactive as possible to provide a safe environment for their students. Dr. Marinucci noted that several families reached out after the last school shooting to ask about having police protection and adding an SRO. Dr. Marinucci explained she had mixed feeling about it, but in the end, she did not want it on her conscience that she did not take that extra piece of safety and action. Dr. Marinucci explained they had lockdowns because of reports of shootings and guns at Delaware State University. She further explained that it just makes sense to be proactive and not wish they had taken those steps, but to take those steps now, and they realized there is a funding component to it and are fully prepared to pick that up and make that happen. Dr. Marinucci stated that feeling safe is critical if you think about the hierarchy of needs. She explained most of their students are Dover students, and many of their students have sad stories. Dr. Marinucci stated she has one student that is going into sixth grade, and she knows the Dover Police because they are the ones that have locked up her three brothers. Dr. Marinucci further explained they have been able to have the Dover Police in their schools to have the students see our police as what they are rather than the person that comes and takes my sibling away or my parent away. Having the police presence in the school gives the kids a different example of what our officers can do and creates those bonds and critical relationships. Dr. Marinucci recollected the dare officers when she started teaching and how much the students enjoyed that relationship; it was Officer Ralph Taylor when she was teaching. She remembered the difference that the students had. Dr. Marinucci stated her students live on New Street, Queen Street, and downtown, and they are living things you would not watch on TV. Dr. Marinucci stated she recognizes students have access to those items that cause harm in a school, she did not believe their students or parents would do that, but she could not guarantee it. She said she did not know that it would not be somebody just coming in off the street. To be proactive, they requested the Dover Police Department come in, do a walkthrough around their building, and discuss safety, security, and the next logical step to ensure that they do not ever have something tragic happening in their school. Mr. Sudler commended Dr. Marinucci for her proactive approach. Responding to Mr. Sudler, Dr. Marinucci stated that 95% of the student population is African American, and 70% is in high poverty and need. Responding to Mr. Sudler, Chief Johnson confirmed the sex offender's unit is retired officers working in a civilian capacity. Chief Johnson explained they lack a specific enforcement authority and have sworn police powers, so they would not be eligible as an SRO. Chief Johnson further explained the SRO's job is to be the person who will take on active shooters, and they do not carry full complemented equipment.

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 10 Mr. Rocha moved to recommend the approval of school resource officer requests, contingent on funding from the requester, as recommended by staff. The motion was seconded by Ms. Arndt and carried unanimously. Engineering Services required to complete the Meeting House Branch Drainage Improvement Project design (Sole Vendor) (Mark Nowak, Public Works Director) Mr. Mark Nowak, Public Works Director, reviewed the background and analysis to use AECOM for engineering services. Staff recommended using AECOM (Sole Vendor) for engineering services required to complete the Meeting House Branch Drainage Improvement Project design. Mr. Neil recommended having the attorneys look at the contract to make sure all the i's are dotted and t's are crossed. Responding to Mr. Contant, Mr. Nowak stated the money was carried over before becoming Public Works Director and was placed under construction. Mr. Nowak noted the Committee Action Form said they would need to move the money out of construction and into engineering. Mr. Nowak stated there is a State Bond Bill that covers the construction of this project and pursuant to park place drainage. Responding to Mr. Contant, Mr. Nowak stated it would cover from where the Meeting House Branch ran, the parking lot at Bay Health, the hospital, across/under State Street, and then down to become an open channel into the Meeting House Branch. Responding to Mr. Contant, Mr. Nowak stated this would cover the engineering design; a portion will go towards the actual testing. Once that is complete, they will receive a bill for remediation's expected costs. Responding to Mr. Sudler, Mr. Nowak stated there was no bidding process; this is a Sole Vendor due to their experience and expertise that handed in a proposal. Mr. Sudler stated he was concerned with the perception. Mr. Sudler said he believed they should open the bidding process to allow others to bid and show whether they are qualified or not unless there is a time constraint or emergency that needs to be done immediately. Responding to Mr. Sudler, Mr. Nowak explained they have already done business with AECOM. Mr. Nowak further explained that AECOM, formally known as URS, had been on this project since the beginning, which is the reason for the recommendation. Mr. Nowak stated he did not see the reason for the name change. Mr. Sudler stated what the council is confronted with is that they have been scrutinized for not making sure that minorities and minority contractors or other groups of contractors had the capability, had the opportunity to bid, to show that they are capable of being able to perform the work. Mr. Sudler stated he would not vote to support this because it is a sole vendor and did not allow anyone else to compete. Ms. Arndt stated she believes it to be a substantial saving to the city because they already have the designs and data associated with the project. She explained I think at this point, if they were to go with

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 11 a different vendor, then that vendor would have to recreate all that information to move forward with a project unless AECOM would just hand over all that information to a competitor. Ms. Arndt stated she was comfortable with the justification for the sole source because of the project's complexity. And because AECOM, a different company from URS, has worked on this project since 2014. Responding to Mr. Neil, Mr. Nowak stated that if they sent out to rebid, it would be a significant delay to the project, and the price could be higher than AECOM. Mr. Rocha requested that in the future, the public bidding for construction, the council be made aware of how the process will take place to ensure that a portion of the bidding is offered to minority contractors. Mr. Rocha agreed with Ms. Arndt that with AECOM being too deep in the project, it makes sense to continue the progress of this portion of the project. Mr. Contant stated that URS works with multiple state municipalities as their contract engineer. Mr. Contant explained that AECOM, a global engineering firm, bought them. Mr. Contant further explained that his experience with AECOM has always been great to work with in reviewing projects and comments. Mr. Contant stated he felt confident in their abilities to perform the work at hand, especially considering that they are already in the process. Mr. Contant stated in his experience that it would be very costly to switch engineers mid-project and cause a delay. Mr. Contant explained lead time on materials could be six to nine months on top of the delay. Mr. Contant agreed with Councilman Rocha to approve the award with the caveat that as the construction goes out through the bidding process, council has set forth notes to council before it is published. This way council will be aware of the process, know the timeline, and make them more comfortable with what is being done in the guidelines and regulations that the city has set out. Mr. Sudler stated that council must take a stand. Mr. Sudler explained they do not know whether the process could stand scrutiny from its conception. Mr. Sudler further said that Mr. Nowak does not know because it was before his time, which is no fault that you cannot answer this question, but they do not know if it was an open bidding process where other people had to compete from conception. Then the same individuals initially awarded the contract switched to another agency or were merged or bought out. Then, there still was no opportunity for other contractors to compete. Mr. Sudler stated that they do not know whether it was the initial conception or if it was open to the public to compete for that bid in the bidding process. Mr. Sudler stated he would assume not, and then they have the opportunity the second time where it could be open for others to compete. However, instead of opening it for others to compete, they went with who already was on there, who was no longer an organization providing that service. Mr. Sudler stated in his view that there are two opportunities that they could have had that the city could have provided to competitors, to contractors to compete for this engineering bid proposal. Mr. Sudler asked, when are they going to take a stand as City Council and say enough is enough, whether it is your fault or someone else's fault, the perception is, and how many years have they been dealing with this perception that minority contractors, and this does not mean just African Americans or Caucasian women, Caucasian women are also minorities, or Hispanics or Asians.

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 12 Mr. Sudler stated the bottom line is the City of Dover has a perception that people perceive them as not being fair in the bidding process and excluding certain groups of individuals. So when is City Council going to take a stand? Mr. Sudler acknowledged it might delay the project, they may get bids from someone who is more qualified at a lesser price or may get a bid higher, but the bottom line is the integrity of the process is not compromised. Mr. Sudler stated he felt if he voted for this, he would subject himself to saying it is okay to compromise the integrity of the process because they already had this contractor at one point. They know all about the contract, and they know about the specifics of the work and just rolled them over, even though they are a new agency with new leadership, they rolled them over and handed it to them without allowing others to compete. Mr. Sudler stated they must allow other groups or individuals to compete, regardless of whether they are comfortable with certain contractors performing the work because this is the go-to person they have been going to and are qualified. Mr. Sudler noted there are other groups of individuals that may be qualified and groups of contractors that may be qualified too. Therefore, Mr. Sudler explained they must allow them the opportunity to compete. Mr. Sudler stated this is not a scolding but a passion for hearing the contractors and the people who have said to them an enormous number of times that they are not, the City of Dover is not opening their bidding process for other individuals to compete. Mr. Sudler wanted to ensure a fair and equitable process across the board. Mr. Sudler stated sometimes you must go back and get it right; it may cost a little bit of money, but if you don't go back and get it right, roll with the punches because this is how it's moving, it may bite you in the end, and you may get hit with a class action lawsuit. Mr. Sudler urged others part of the bidding process to please consider the message and hear what he is saying because, as councilpersons representing their constituents, staff does not listen to what they say. When he sees an action like this one, he empathizes with them. Mr. Sudler stated he was a minority contractor and understood where the constituents came from. Mr. Sudler stated whenever they have an opportunity to allow others to compete, to do it because, in the end, they can say they allowed everyone to compete. Mr. Rocha agreed with Mr. Sudler and stated that moving forward, he believes they need to look at the process so that the council is informed of the process and can monitor it before it gets to this point. Mr. Rocha recommended having provisions put in place where the council is notified of when it goes out to bid and get a demographic reading of who submitted for bid, so they are informed that this is the process along the way. Mr. Rocha stated they have to work on a process that will enable minority contractors to have a fair and equitable opportunity to compete without the rubber stamp. Mr. Rocha recommended providing provisions for minority contractors to work with those larger companies, maybe as subcontractors, so that they can even improve and learn on their craft and understand the overall business that may be eliminating them as a grooming process so that there is a fair and equitable opportunity across the board

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 13 Mr. Rocha moved to recommend using AECOM (Sole Vendor) for engineering services required to complete the Meeting House Branch Drainage Improvement Project design, as recommended by staff. Mr. Neil seconded the motion. Mayor Christiansen referred to the City of Dover Charter and stated they have an enforcer to ensure policies and council's concerns are addressed, including the City Manager. Mayor Christiansen said he believed if council instructed the City Manager to do so, he would have the ability and the tenacity to follow through and make sure that all contracts that go out are fair and equitable to the people that would place bids. Responding to Mr. Sudler, Mayor Christiansen stated the City's Central Service Director currently handles most of the bids that the City of Dover puts out. Mayor Christiansen suggested the City Manager reiterate council's concerns to the Central Services Director would be sufficient instead of hiring another person. Mr. Rocha moved to recommend using AECOM (Sole Vendor) for engineering services required to complete the Meeting House Branch Drainage Improvement Project design, as recommended by staff. The motion was seconded by Mr. Neil and passed with a vote of 6 yes and 1 no. Adjustment to Police Promotion Process (Mayor Christiansen and Chief Johnson) Mayor Christiansen stated this item was in response to council's desires to pursue inclusion, diversity, and equity within the city departments across the board. Mayor Christiansen explained the proposal Chief Johnson is bringing forward will increase promotional opportunities within the Dover Police Department, across the board in fairness and equity, and build future leadership for the Dover Police Department. Chief Johnson reviewed the background and analysis of the proposed adjustment to the Police Promotion Process. Staff recommended approving the revised table as requested. Tim Mullaney, Federal Order of Police (FOP) President, Lodge 15, Thanked the Mayor, Chief Johnson, and the City Manager. Mr. Mullaney stated he had been deeply involved in the sense that they want to build a relationship with the council in the city, and they recognize the direction that council's going with recruitment retention, maintaining a solid employee base, and making sure that it's fair and equitable for everybody. Mr. Mullaney stated they have looked up and down the state and see other agencies, the amount they are making, bonuses, and perks. Mr. Mullaney explained his job, as well as Vice President Jake Rankin is to hone in on what they can do to maintain what they have going forward. Mr. Mullaney further explained this was an opportunity with some things that came up, working with the Chief. This scale was a big topic mainly for recruitment, retention, and allowing people to promote sooner. Mr. Mullaney stated there are only a certain number of spots, which is very competitive. Mr. Mullaney stated this would allow many people to promote themselves sooner and apply themselves to be leaders, which is what they strive on; they want people to excel and move to the top if they can.

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 14 Mr. Mullaney stated with this scale of change in the April and March timeframe, when they first started this out, what the financial climate would be for the city, they took that into consideration. Mr. Mullaney explained they held off and said, "We'll work with the city," in the sense of when they can implement this. Mr. Mullaney explained that when hiring the Chief, the FOP gave up a lot; they understood that he would not come in and do a year or two and then leave. Mr. Mullaney stated they knew it would be a long tenure and are happy that they could work with the Mayor, the Chief, and City Manager on this. Mr. Mullaney stressed that they would love to see this occur in a year or sooner. Mr. Mullaney explained the reason for that is that everyday agencies even smaller than theirs are coming very close to where they are at, if not over where they are in certain positions, mainly the corporal positions. Mr. Mullaney stated a town just north of Dover, in year five, will be much higher than Dover in the position of where they are in an agency that is a third of the size of Dover. Mr. Mullaney explained that the FOP wants to make sure that they are maintaining and giving qualified people who want to apply to be a Dover Police Officer because of the benefits they have and to come work for them. Mr. Mullaney requested that if this can be implemented sooner than later, that's what the men and women of the FOP Lodge 15 would like. Responding to Mr. Sudler, Mr. Hugg stated he had been working with the Mayor, Chief, and the FOP to look at this issue to make working for the City of Dover more attractive and more equitable, and it is something that needs to be done. Mr. Hugg stated in March that the city had a seven-and-a-half million-dollar deficit, and at that point in time, they were unable to discuss this. Mr. Hugg said they closed the year in a better position than they thought; with the council's support, they implemented new revenue streams that gave a bit of a cushion. Mr. Hugg explained since then; however, council has added police officers, some things for dispatchers, and the promise of an across-the-board bonus for everyone, including police officers. Mr. Hugg stated they do not have the money to be able to spend to implement another $260,000 at this time. Mr. Hugg did say he was optimistic that energy prices are down a little bit, and things are looking a little better, and he would have no problem agreeing to look at this issue moving forward in fiscal year 23. However, Mr. Hugg stated he did not believe they could make that kind of financial commitment now, not with the other things that council has asked them to do. Mr. Hugg reminded council they are underway on the wage study, and some positions will need to be looked at mid-year because they are clearly below the market. Mr. Hugg stated conceptually that he agreed with this proposal and needs to be done. However, Mr. Hugg said it is a question of timing and that tonight he asked council not to commit to those monies immediately. Mr. Hugg stated he would agree that they could look at it again as they move forward, just as he wants to look at the energy costs, the electric rates, and things they promised our citizens. Mr. Neil stated the first thing they will do what they need to do or the recommendation as he sees it is to agree that this is something they will do at least by FY24. Mr. Neil stated that is the case; they can always, as Mr. Hugg has indicated, revisit this if they find out that the money is there and that they can do that. Mr. Neil explained they made a commitment to the police department, and for the entire salary structure that they are going to do this, so he is in favor of it since it will not necessarily be this

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 15 year, but it could be. Mr. Neil further explained that they had committed the police department to attract and hold people and part of this total salary review for the city. Responding to Mr. Contant, Chief Johnson stated when they move more officers to the rank of Corporal two years sooner, the positions above will change. Chief Johnson explained by default; it would move every supervisor rank above that up the equivalent number based on the chart steps and grades. Responding to Mr. Rocha, Chief Johnson stated there is a very narrow window of time over the career band where an officer can take the non-competitive corporal test. If they pass it, they are not competing with the organization. They will get that second Stripe and the dollars that go with it. Chief Johnson explained that there is a narrow band in that timeframe where they can take both tests and try and compete for master corporal. Chief Johnson explained that the way the system is constructed, and you bring in time and grade, time and service, evaluations, the written test, the oral boards, all those things together, it is challenging to be a competitive candidate for a master corporal the first year that they are eligible. Chief stated it is not impossible, but the last time it happened was more than a generation ago, and it was a weird year where nine people got promoted because guys retired. Chief explained numerically that it is possible, and statistically, it's improbable. Responding to Mr. Rocha, Mr. Hugg stated that he believes the city could have the funds in FY24. Still, Mr. Hugg cautioned council that they could not close the door on possible revenue increases that may be asked to support to pay for the services of the city employees. Mr. Hugg stated equity and retention would cost money. Responding to Mr. Rocha, Mr. Hugg stated it would be easier to look at this simultaneously with the pay study and compensation because he needs to track energy costs and revenues. Mr. Hugg mentioned if the State of Delaware builds the new family court building in FY23, the city will increase revenue for FY24. Mr. Hugg stated he agreed with Mr. Neil to implement the police promotion process no later than FY24 with the option to implement earlier if funding is available. Responding to Mr. Rocha, Mr. Hugg stated he did not know how much it would cost to increase salaries in the pay study. Mr. Hugg noted that 12-15 positions were clearly below market value with high turnover. Mr. Hugg explained that these are low to mid-level positions and will be a significant amount to market value. Mr. Mullaney noted the initial conversation regarding the police promotion process began in December 2021 and was well in advance of knowing what the current climate was going to be financially and what the council's direction was going to be as a city as a whole with all the other employees. Mr. Mullaney noted that the FOP never tried to be ahead of any other union or employee; all staff is essential. Mr. Mullaney explained all staff has one mission in the city: to make it successful and make it a place where people want to come, live, and stay safe. Mayor Christiansen stated that Councilman Neil made a great point that council and committee should support this effort to implement it sooner than later. Mayor Christiansen said he believes Mr. Hugg will do his due diligence. Mayor Christiansen explained they need to make that commitment the same way they did a study of all the job classifications. Mayor Christiansen explained they have a map of

COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 12, 2022 PAGE 16 where they need to go to assist the Dover Police Department in promotion, developing leadership, and using it as a recruitment tool. Mayor Christiansen noted that if somebody is going to join the Dover Police Department, and it will take 6 to 8 years for them to become a corporal, that certainly is no incentive to stop and pick up an application and become a Dover Police Officer. Mayor Christiansen thanked Mr. Neil for his due process on that, and they should endorse this concept and work with the City Manager and the Chief to implement this sooner rather than later or as fiscally possible. Mr. Neil moved to recommend approving the revised table as requested for FY24, with the possibility if funds are available to implement sooner than that. The motion was seconded by Mr. Rocha and unanimously carried. Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee meeting, seconded by Mr. Contant and unanimously carried. Meeting adjourned at 8:45 p.m. Mr. Neil moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Ms. Arndt and unanimously carried. Meeting adjourned at 8:45 p.m. Roy Sudler, Jr. Council President RS/re S:\AGENDAS-MINUTES-PACKETS\Committee-Minutes\TEMPLATES\COUNCIL COMMITTEE OF THE WHOLE TEMPLATE.docx Attachments Attachment #1 - Council – President/District 4 Report Attachment #2 - Mayor's Report

ATTACHMENT #1 Council Committee of the Whole Meeting of 07/12/2022 Running head: COUNCIL-PRESIDENT/ DISTRICT 4 REPORT Council-President/ District 4 Report Roy Sudler, Jr. City of Dover, Delaware July 12, 2022

Running head: COUNCIL-PRESIDENT/ DISTRICT 4 REPORT 2 Council-President/ District 4 Report In the capacity of Council President, on June 16, 2022, I accompanied the City Manager and Mayor at the House Majority Leaders Meeting at Delaware's Legislative Hall to support the approval ofHB456. As you are aware, HB456 amending the City's Charter was sponsored by 31st District Representative Sean Lynn; at that time, I thanked representative Lynn and the House Majority Leaders for approving our Charter Amendments. On June 27, 2022, at 8:00 a.m., I conducted a second exploratory meeting with the City Manager, Assistant City Manager, At Large Council Representative, 32 District House of Representative, DDP Representative, and DSU Representative. However, Mr. Boyl, a DSU representative, encountered a flight delay, causing him to be unable to attend the Meeting. The Meeting focused on three key issues. The first issues discussed the City's Cast Iron Pipes for the transmission of water to our constituents/consumers and a site visit to the Delaware State University's Certified EPA Water Testing Laboratory. The second issue highlighted the Food Desert Issues in Dover and how to potentially establish a Hydroponics and Aquafarming System to cultivate a food culture of growing plants without soil vertically and growing fish in a controlled environment for food consumption. Lastly, we discussed incentives for Delaware Graduates and Senior Administrators of Postsecondary Education Institutions to Live in Dover via M01igage Assistance Programs and City Incentives. On July 9, 2022, at 1:00 noon, I met with seventy percent of the El Salvador Congresspersons along with the Governor and Lt. Governor's Aid and 32 District House of Representatives to engage in a conversation about the international exchange of resources, data, and potential entrepreneurship initiatives. The discussion also entailed how they are decreasing

Running head: COUNCIL-PRESIDENT/ DISTRICT 4 REPORT 3 gang activity and enterprise in EL Salvador. The Meeting was most beneficial and culturally enlightening. At noon on July 11, 2022, I met with Fraternal Order Police President to discuss some of their concerns. The topic centered on job satisfaction, retention rate, and equitable treatment in the Dover Police Department. The Meeting was extraordinarily informative and constructive, in which the FOP President did an impeccable job representing his constituents/members. On July 12, 2022, at 11 :23 p.m. I secured a conference call with Delaware State University's Dr. Cherese Winstead Casson, Dean of the School's College of Agriculture, Science and Technology and a chemistry professor. To secure a site visit to DSU's Certified EPA Water Testing Lab to discuss a partnership in lobbying for Federal Funds to address the Quality of Water Issues and corrective action strategies for sustainable drinking water initiatives for the Capital of Delaware. As District 4 Representative for City Council, I help conduct two town hall meetings, one in June 2022 and the other in July 2022. In June 2022, an array of topics were discussed, such as the need to strengthen police and community engagement, loitering, and some resolutions for addressing specific social problems such as constituents/homeless individuals confronted with mental illness. July's Meeting focused on infrastructure concerns for downtown and strategies for mitigating loitering and deviant behavior in the downtown domain. Both meetings were very productive. Today, with the help of the Assistant City Manager (Ms. Sharon Duca), I have resolved one complaint focused on a side-walk repair in the Woodcrest community near 911 Wilson Drive. Additionally, I have fulfilled a request by another constituent to provide the geographical location of all the downtown cameras for the business owners to review and record. That concludes my report for June and July 2022.

ATTACHMENT #2 Council Committee of the Whole Meeting of 07/12/2022 IJftfp# Mayor's Report for June 2022 /~';I 1. Press conference with Attorney General Jennings guns off the street. 2. Special Council meeting and Regular Meeting. 3. Council Workshop at Maple Dale. 4. Spanish Festival at South Dover Elementary. 5. Ribbon Cutting at Tommy Car Wash. 6. Attended Rotary Meeting$ 7. Safe Haven Event at Williams Park. 8. Morning Up Ceremony at South Dover Elementary. 9. Met with Executive Director Dover Kent MPO. 10. Attended funeral for Bishop Nelson Lewis. 11. Swearing in of the Fire Marshal. 12. Decertification Hearing for COPT. 13. Met with DAR for plaque placement. 14. Attended Positively Dover African American Festival. 15. Met with FOP Board Lodge #15. 16. Met with Col. Huseman from DAFB. 17. Swore in City Treasurev'Peddicord. 18. Attended Regular Council Meeting. 19. Met with Realtors monthly meeting. 20. Attended Friends of John Dickinson Annual Meeting. 21. Attended DDP Economic Vitality Meeting. 22. Attended former Chief Bernat's mother's funeral. f<t74t1b 23. Swore in City Solicitor. 24. Attended Kent County Tourism meeting. 25. Attended meeting with City Staff/Personnel and Legal Matters. 26. Cut Ribbon for Harmony Senior Living. 27. Met with DVFA 100th Anniversary Committee. 28. Attended Friends of Old Dover Annual meeting. 29. Attended Central Delaware Houseifi nd Annual Event. 30. Attended Comic Con Event. 31. Attended Salary Discussions Committee. 32. Attended Fishing Derby at Silver Lake. 33. Attended Roll ~all~ of D9yer PD. ABCD platoor,rand special units. ~ CA v, k lM'\ M~

34. Attended Kent Economic Partnership Board Meeting. ~~ .,J..iA J 35. Attended 101st Birthday Gordon Blythe.? A/' ,,,did Jt- 36. Attended DDP Board Meeting. 1)1_,1,.~ 37. Attended Girls State with Shadow~- n1o/" ~ l,,C,f/". 38. Spoke at the Class of 2022 Graduation of James H. Groves at Del Tech. 39. Attended Delaware League of Local Government Executive Board Meeting. 40. Attended Central Delaware Chamber of Commerce Awards for excellence. 41. Dedicated DAR plaque at~tution Park. 42. Attended a community m.(j;@tiAg at the Well Church. 43. Attended the 2nd Annual African Heritage Music Celebration. 44. Attended NCALL and DSU event with Congresswoman Lisa Blunt Rochester. 45. Attended Charles Guerin Director of the Biggs Museum retirement event. 46. Met with Mike Harrington and Councilman Anderson. 47. Attended ESGR ceremony. 5~rii ~~ ~ ~ 48. COVID working group meeting. ~ tR ~ 1 p-tlf'; f-t> c 49. Groundbreaking for the Temple of Deliverance. SO. Various handling of constituent concerns in office and on site.