CCW

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on August 15, 2023, at 6:00 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler. Mayor Christiansen was also present. Civilian members present for their committee meetings were Mr. Tholstrup, and Mr. Lewis (Parks, Recreation, and Community Enhancement), Dr. Short (via WebEx) and Ms. Smack (Safety, Advisory, and Transportation), Mr. Iriowen (Utility), Mr. Shevock (via WebEx) and Ms. Smith (Legislative, Finance, and Administration). Mr. Pugh (Utility) was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty 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. Update of Capital Projects – City Parks and Meeting House Branch Updates (Robin Eaton, Parks, and Recreation Director, and Jason Lyon, Water/Wastewater Director) Mr. Robin Eaton, Parks, and Recreation Director advised that the dog park at Schutte Park is almost finished, they are waiting for signage to be delivered and installed. Mr. Eaton stated that he would schedule a convenient ribbon cutting for Council and the Mayor after that. Mr. Eaton advised that he has approved 120 of the 208 submittals for the building and spray pad. So far, they have removed trees, done some excavating, and fenced off the work zone. The completion goal is set for May of 2024 for both the spray pad and the building. Responding to Ms. Arndt, Mr. Eaton stated that he is encouraging people to bring their dogs to the ribbon cutting. The police department will be bringing their dogs as well as Carolyn and himself. Responding to Ms. Arndt, Mr. Eaton stated that yes, there are doggy bags, as they were one of the first things installed. Responding to Mr. Lewis, Mr. Eaton stated that the dog park is overall very maintenance friendly. Mr. Eaton stated the idea is to block off every Tuesday morning from 7:00 a.m. until noon and shut down the facility for maintenance. There will be day-to-day maintenance but every Tuesday they will go in and cut the grass and fix anything that may be out of place. Responding to Ms. Arndt, Mr. Eaton stated that there is no water at this time, but there is a goal to get water there. Mr. Lyon stated he was able to find a location where they could get water.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 2 Mr. Eaton advised that the next project is the playground in Dover Park which is in the 2024 budget. Mr. Eaton stated that they have been working on the carry-forward grant money from the federal government for $500,000. Mr. Eaton stated that the equipment and colors had been finalized because the design was part of the spray pad and building. The plan is for a storage unit to be delivered on-site by the end of the calendar year with an early spring groundbreaking. The overall completion date is in the May timeframe so that the playground, spray pad, and building can be opened around Memorial Day of next year. Mr. Eaton stated he could send the City Clerk’s office a copy of the color scheme and layout to distribute to council. Mr. Eaton also stated that the existing playground will remain, and the new playground will encompass the old playground. Mr. Eaton stated that the skate park that has been designed for Schutte Park was moved into the 2025 budget upon his recommendation. Mr. Eaton stated that they will work to secure additional funding in the calendar year 2024 for construction to begin in the early spring of 2025. Responding to Mr. Neil, Mr. Eaton stated that the old post office is pending sale and the group building the temporary skate park would have to vacate by January. The group believed it would take some time to build and they would only be able to be there for a few short months, so they did not want to put the money and effort into it. Mr. Anderson thanked Mr. Eaton for the updates and congratulated his team for the tremendous job that they are doing. Mr. Anderson also expressed appreciation for Mr. Eaton’s approach to upgrading the parks and getting them ready for the 21st century. Mr. Jason Lyon, Water/Wastewater Director, advised that the meeting house branch project has received funding from the bond bill, which was set to expire in 2022, but was extended to 2026. Mr. Lyon stated that the original plan for the downstream system was to have a swale cut through the site all the way to the St. Jones River, which would eliminate the potential for development. Mr. Lyon stated that they met with the consulting engineer and asked if it is possible to hard pipe it, like a big tunnel underground. The feasibility study worked on this option and found that it is the best option to give the most opportunity for planning down the road. The road will be H-20- rated so that any truck can drive over it. Another concern is the Contamination Material Management Plan. Mr. Lyon stated that since the site is contaminated, there are steps through DNREC that need to be taken to make sure there is a plan in place for the removal of the soil. Once the Contamination Material Management Plan is documented by DNREC the more extensive work to the project can begin. Mr. Lyon stated that the upstream project extends from the west of State Street towards the Bayhealth parking lot, so they have been working with Bayhealth to figure out a plan that will fit their plans for the future. Mr. Lyon stated that they received information back from the consultant and once it is reviewed, they will sit down with Bayhealth and figure out how it can all be worked out. Mr. Lyon stated that the upstream project with Bayhealth does not affect the downstream project so they can continue to move forward with getting the Contamination Material Management Plan done. Responding to Mr. Sudler, Mr. Lyon stated that without seeing what the Contamination Material Management Plan shows, it is hard to say what the contaminants are and what levels they are at. However, contaminated sites can be revitalized but it depends on how much can be spent to do so.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 3 One of the options to keep the contamination contained is to cap it, then the contamination cannot go back up or down. Committee action was not required. Mayor and Council Reports Council President Hare Council President Hare stated that he had nothing to report. First District Dr. Pillsbury reported that they held the First District Town Hall, and even though it was not well attended it was very interesting and they received a lot of information regarding the roads. Dr. Pillsbury also reported that she has received some citizen complaints that she is working on. Mr. Rocha reported that he too attended the town hall. Mr. Rocha reported that one of the citizen complaints that he had worked on was a sinkhole in his neighborhood that could have been catastrophic. Mr. Rocha stated that they found out on Saturday and Assistant City Manager Ms. Sharon Duca had someone come out and cone off the area for safety measures. Mr. Rocha stated that Public Works came out on Monday and worked on resolving the issue as well as unclogging a drain that was causing flooding in a neighbor’s yard. Second District Mr. Lewis stated that he had nothing to report. Third District Mr. Neil reported that he attended two Downtown Dover Partnership meetings, as well as two Police Department Award Ceremonies. Mr. Neil reported that he attended two Habitat events in August on the first block of New Street. One was a groundbreaking event and the second was a dedication to the family that was there. Mr. Neil reported that he attended the Fourth of July parade and the Library Board meeting in July. Mr. Neil stated that he and Ms. Arndt were able to report that North State Street was going to be open early. Mr. Neil also stated that they received two constituent complaints. One was for curbs that were in disrepair and another for a sinkhole in the lawn of people having their water meters replaced. Both instances were addressed by Mr. Lyon and his team. Mr. Neil stated that Mr. Lyon is also assisting Ms. Arndt with an issue that Oak Shadows HOA is having. Mr. Neil reported that he reached out directly to Andy West, Delaware State News Editor and sent the Baila Con Dover Latin Festival event flyer. He also provided information that Mr. Velazquez could use to obtain publicity on WBOC. Ms. Arndt reported an update on the six-way intersection of Governors, Ross, and Bradford Street. Ms. Arndt stated that a notice regarding the traffic-calming section was received, and they are working on construction plans and estimates. There was some additional design work required for the curb ramps and there should be a draft copy of the agreement in the coming month. Fourth District Mr. Anderson reviewed Attachment #1.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 4 Mr. Sudler reported that he represented council at a Capital School District Hawaii-themed meeting which he cooked for. Mr. Sudler also reported that he forwarded information from Councilwoman Arndt to a Delaware State University student who is interested in the city’s waste management and water quality initiative. Mr. Sudler also reported that he received constituent concerns regarding the safety of several downtown buildings. Mr. Sudler stated that he received a request from several constituents to conduct a town hall meeting centered on treatment in the City of Dover. Mr. Sudler stated the meeting is to be scheduled for August 30, 2023, from 6:00 p.m. to 8:00 p.m., and the meeting will include concerns of the entire City of Dover. Lastly, Mr. Sudler reported that he has started a plan of action for the Dover Human Relations Commission to review its mission statement and create an intake form to help relieve council on some of the concerns brought to committees. At-Large Mr. Boggerty reported that he attended the Fourth of July Parade, emceed a concert on the Green as a part of the concert series hosted by the Parks and Recreation team, and met with several employees in his role as Employee Liaison. Mr. Boggerty also reported that he has agreed to assist the DE&I Committee and lend them his expertise, and he attended the Promotion Ceremony for the City of Dover Police Department. Mr. Boggerty stated that he traveled to Macon, Georgia, at no cost to the city, to talk about a church’s relationship with the city, their council, and the local government. Mr. Boggerty gave a presentation on what it means to be an active member of the community and have a relationship with a church. Mr. Boggerty also reported that Unity Day had a great turnout, and he has already worked with the ME Fest so that next year the two events will not occur at the same time. Mr. Boggerty stated that he attended Tracy Palmer’s event gala and spoke with the mayor about clarifying the city’s role with the Dover Housing Authority. When things happen with the Dover Housing Authority, it is assumed that the city made the changes and council does their best to address the issues but sometimes it is out of their scope. Mr. Boggerty also stated that he attended National Night Out, is assisting in establishing Faith in Blue, and attended a prayer service for community leaders to pray for the city. Lastly, Mr. Boggerty stated that he will be serving on the SSP Planning Committee with the Capital School District and serving the Whatcoat Community Center. Most importantly Mr. Boggerty congratulated Bishop Boggerty on being named the Behavioral Health Consortium by the governor. Mayor Christiansen Mayor Christiansen stated he had nothing to report. Ms. Anne Smith, 132 Oakmont Drive, stated that the gentleman who filled two sinkholes in her yard said that fifty years ago construction companies would bury their construction materials in the ground and cover it with dirt. Ms. Smith stated this is why people like Mr. Rocha see sinkholes in constituents’ yards. Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, hearing no objection the meeting adjourned at 6:39 p.m. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Lewis presiding.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 5 Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. Proposed Ordinance #2023-06 – Amending Chapter 106 – Traffic and Vehicles, Section 106- 17- Truck Routes (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the amending of Chapter 106 – Traffic and Vehicles, Section 106-17 – Truck Routes. Staff recommended that city council adopt the proposed code revisions to Section 106-17 – Truck Routes. Responding to Mr. Rocha, Mr. Lyon stated that starting at North State Street near Silver Lake which converts into Governor’s Avenue will be removed. Mr. Rocha stated that his next recommendation would be to remove North Street from Mifflin Road. Mr. Rocha stated that they should turn onto Saulsbury and head up on McKee Road since that is too sharp of a turn. Mr. Lyon stated that he would correct the list to mirror the map. Responding to Mr. Sudler, Mr. Lyon stated that in the report there is a timeframe differential, and depending on where the driver is coming from, the time would increase by one minute. Responding to Mr. Sudler, Mr. Lyon stated that the plan of action after the ordinance goes through the body will be to outreach to the larger industrial sites and let them know of the changes. The enforcement would be done in coordination with the police department. Responding to Mr. Sudler, Mr. Lyon stated that he cannot speak for the police department however, as Mr. Rocha alluded to, most truck drivers do not want to deal with tight turns so it is likely that they will welcome these changes, so they do not end up down some of the smaller roads. Mr. Rocha stated that when he attended a meeting last year regarding trucks traveling down Mifflin Road someone from Procter & Gamble said that they were going to contact GPS and have GPS reroute the trucks according to the truck routes. A second option could be providing the trucking companies letters informing them of the changes and what the truck routes are, and hopefully, through communication, the truck drivers would be enticed to follow the truck routes. Responding to Mr. Neil, Mr. Lyon stated that DelDOT controls the lights in the entire City of Dover. Mr. Lyon stated that they have the software to look at traffic and it is his understanding that they do that quite frequently. Mr. Sudler stated that he feels it is imperative and vital, that feedback from the residents, merchants, and constituents be heard on the proposed changes.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 6 Mayor Christiansen stated that the police department does spot enforcement of speeding, other motor vehicle violations, as well as truck issues. It has also been echoed by the citizens, their concerns regarding tractor-trailers, heavy dump trucks, and commercial vehicles parked in residential communities. There have been several meetings and continue to be meetings on how to address the issue of truck traffic within the city. Mayor Christiansen also stated that Walker Road was a main access road to the industrial area to the west and he believes DelDOT forgot to take down the signs regarding Walker Road. Mayor Christiansen stated that he feels these ordinances will help the trucking industry, and that they have a great economic impact on the city but sometimes where they drive and how they drive can be a nuisance. Councilman Anderson stated that he has had complaints about 18-wheelers on North Governor’s Avenue and that they are just not compatible with that street. Councilman Anderson noted that with the POW/MIA opening up, traffic that would go down that route would increase if council did not make the right change. Councilman Anderson stated that they are not talking about a new ordinance but adjusting the existing one to accommodate the new roads that have been built over the last 20 years. Councilman Anderson explained that the truckers are some of the most law- abiding citizens when it comes to the road because they do not want to endanger their CDL. As long as council makes sure that they do the proper signage, the notifications, and most importantly, making sure that it gets in the GPS system as quickly as possible. One of the parts that they need to emphasize is that the truck routes are geared towards through truck traffic and that local deliveries and the like are not affected by the truck routes, and that is important to note. Responding to Mr. Lewis, Mr. Lyon stated that zero of these routes are city-owned roads. Mr. Lyon explained that pointing back to the memorandum where he had the examples of what the differential times would be. He believes it is reasonable and he is looking at a one-minute change, maybe a couple minutes here and there. Again, he thinks it benefits safety and he wants to emphasize that this is for three axles and larger, so local trucks can get on Lockerman Street. Mr. Neil moved to recommend adopting the proposed code revisions to Section 106-17 – Truck Routes, as recommended by staff, and to include the changes of the ordinance to mirror the map. The motion was seconded by Mr. Rocha and unanimously carried. Environmental Safety Complaint/Update – 304 South State Street (Mary Ellen Gray, Planning and Community Development Director, and Eddie Kopp, Chief Code enforcement Officer) Council President Hare advised that per the City Solicitor, this item was not able to be addressed as there was no recommendation from Code Enforcement. Mr. Hare stated that the public would be able to speak but council would not be able to comment. Mr. Anderson and Mr. Rocha recused themselves at 7:10 PM. Jeff Young, Young & McNelis, 300 South State Street, stated that he is one of the owners of 300 South State Street and that Young & McNelis is his law firm. The agenda item is 304 South State Street. He did not think that it would come as a surprise to anyone present regarding the state of that building, and why it is a concern to him and probably everyone else in the room. Mr. Young stated that he does not know how much he can address because he is not an engineer, and he does

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 7 not know what is going on currently. What he does know is that almost four years ago, around October 20, 2019, the face of that building collapsed. Mr. Young continued to state that he was grateful that it was in the evening, it was a rainy evening and not the middle of Dover Days because people would have been killed as far as he could tell. At any rate, it is now, again, almost four years later, and it is still in disrepair. It is a great concern to him as a building owner adjacent to it in terms of what is going on there, what conditions are occurring, whether there is rot, is there an effect because his building shares a wall. Mr. Young knows that Mr. Sean Lynn is on the other side of the building and shares a wall as well. He shares Mr. Young’s concerns but again, he is not an engineer, he does not know what code enforcement has done and he does not claim to speak to any of that. He just hopes that there is some real urgency attached to what is, in his view, the biggest eyesore in the historic district of Dover and has been for four years now. Mr. Young understands the legal advice that the city has been given and the limited comment that is available here. Again, there is simply no reason that that project should take four years. Mr. Young does know that it has switched owners and that there have been problems, but the current owner has been there for over a year and a half. He does not know what needs to be done, all he can do is encourage, urge, and cajole anyone who might listen and do whatever is necessary to fix that problem as urgently as possible. Chelle Paul, 501 Silverside Road, Wilmington, Divided We Fall, stated that she believes the council received emails back in January about property owners in the downtown area. She had contacted at the time, Council President Sudler and Councilman Anderson, and then finally was able to get some recourse when she contacted At-large, Councilman Boggerty. With that being said, some questions were raised. What are the criteria? What is the system that code enforcement is using to identify problem properties? Not only to identify the credentials that are used and needed when code enforcement reports to city council, if they have to condemn a building, or if a property has asbestos, whatever the case is. Ms. Paul explained what she was told is that city council does not get into the day-to-day operations of the actual departments and that code enforcement is one of those departments. So, when they decide to do something about a property, what is the actual system that is used? Before they go through and condemn a property or whatever decisions that they are making with these properties. No matter how many times they have to go through and say, "We are not going to discuss." They will discuss it and figure this out because a system needs to be put in place for this city so that everyone feels that their situations, whether they are residential property owners or commercial, are being handled the right way. With that being said, minority property owners feel like they are being targeted at this time and that they are being forced to sell their property when they do not want to. Ms. Paul stated that they are being forced to pay out $25,000, for a lawyer to prove something that the city had no proof of. They have commercial property owners that have had buildings there. This gentleman has a property beside it and council has had the problem there for four years. This is in code enforcement's backyard. What is the system that the city is using to identify these properties that need to be repaired, condemned, or whatever the case is? They need to have a universal system for residential as well as commercial.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 8 Committee action was not required. Mr. Lewis moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 7:16 p.m. Mr. Anderson and Mr. Rocha re-entered the meeting at 7:16 p.m. UTILITY COMMITTEE The Utility Committee met with Chairman Rocha presiding. Adoption of Agenda Mr. Lewis moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. Evaluation of Proposals – Wellhead Redevelopment Program (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director reviewed the background and analysis regarding the Evaluation of Proposals for the Wellhead Redevelopment Program. Staff recommended awarding a three (3) year contract, with the city option of two (2), one (1) year extensions, for the Wellhead Redevelopment Program to A.C. Shultes of Delaware, Inc. as per the pricing included in the proposal submittal. Mr. Boggerty stated that one of the things that they are constantly being asked about is open RFPs and minority representation in contracts. He connected with a contractor from the federal side about a year or so ago to get advice and guidance on how federal contracts work. Mr. Boggerty has also asked that they at least develop a system, even if they use a company, that rewards some type of consideration for the diversity within that company. So, for example, one of the things that happens on the federal level is that disabled vets, if your company is veteran-owned, and obviously minority black or brown, or all those women, female-owned, they get a little bit of a leg up on the bidding process. Mr. Boggerty stated that of course, in this one, there was no bidding process because it was only one company. Mr. Boggerty stated he is going to push a little bit harder so that they are at least able to answer. They may not like the way the message comes, but it is a true message that the city has to begin to look at its diverse supply chain, the city mission reads diversity. Mr. Boggerty noted that he champions diversity at all levels and at all costs. So, he wanted to make sure that even in the city’s business dealings, they reflected that. If he needs to help or if he needs to refer an individual back so that they can develop a plan that, again, if the company is not owned by a minority of some minority, but even within that company they say, "Hey, do you hire... who do you hire?" The city gives them a little leg up. Mr. Sudler stated that he concurs with Mr. Boggerty and that he wants to echo the same sentiment. Mr. Sudler continued to state that he thinks it is essential that with the city’s mission statement, they value diversity, equity, and inclusion, and that the city even has that committee. He thinks

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 9 that they should further exemplify that by having these mandatory bid processes. If they have a mandatory bid process, which they have talked about within the last two to three years and he knows that there are not a lot of big companies, George & Lynch, Arrowhead, and Tilcon, minority companies that are of that magnitude. If they have the mandatory bid process, then the smaller subcontracts or smaller groups will know who is bidding on those projects and if they are there, they can say, "Hey, can I do the construction cleanup?" Mr. Sudler stated that it would start to forge a relationship among other companies as another means or approach for them to demonstrate that they embrace diversity and they embrace inclusion, and mostly inclusion because the city’s minority contractors are feeling like they are not being included because they do not have the means to be at the table. Means meaning they are not a big company like Tilcon, but they still can do other things if it is a mandatory bid process because then they will know that these companies are going to bid on this project. They can have a direct approach or a direct engagement with that organization and start to form a relationship with them so that they will be included and demonstrate that they are capable of doing other things that they may not be capable of doing on a macro level, but they can do a micro level. Responding to Mr. Iriowen, Ms. Kate Mills, Water Production Manager, stated that he was correct, they only had one person submit a proposal and that this was a request for a proposal. Responding to Mr. Iriowen, Ms. Mills explained that they set up a schedule for when they are going to put the proposal out. When proposals are due, they get sent out to a list of contractors. They go to the diversity supplier State of Delaware website to make sure they search for those companies, those minority-owned, woman-owned, and veteran-owned companies that could also potentially submit a proposal or a bid on a particular project. So, they solicit, they include those in the email that gets sent out stating that this is an upcoming project for the City of Dover. They do that for all of their projects. So, if people respond, that is fantastic. If people do not, they cannot really do much more than contact them, let them know that this is an upcoming project, and hope that they can provide a proposal back to them for review. Responding to Mr. Iriowen, Ms. Mills stated that if there is more that they can do as a city for the procurement policy, she thinks that there would have to be a citywide discussion with city council to see what improvements need to be made. Ms. Mills is sure Mr. Lyon would say the same thing, and that they are all ears if there are improvements that can be made to the procurement process. They reach out to those minority-owned, women-owned, and veteran-owned businesses before they send out the proposals, a request for proposals to see if they can solicit a bid of proposal from them. So that is the process that they use right now but if there is more that they can do citywide, then they are absolutely open to it. Mr. Neil moved to recommend a three-year contract with the city option of two one-year extensions for the wellhead redevelopment program, as recommended by staff. The motion was seconded by Ms. Arndt and unanimously carried. Proposed Resolution No. 2023-12 – Application for Drinking Water Asset Management Program (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis of the.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 10 Staff recommended adopting the resolution as submitted so staff may complete the application for the Drinking Water Asset Management Program. Mr. Sudler stated that he just wanted to say he is very impressed with how things went with Governor State Street with the new pipes and everything. It was done expeditiously, and very clean. It went well, and he just wanted to commend the entire department for doing a great job. Mr. Hare moved to recommend adopting the resolution as submitted so staff may complete the application for the Drinking Water Asset Management Program, as recommended by staff. The motion was seconded by Mr. Sudler4 and unanimously carried. Proposed Resolution No. 2023-13 – Application for Wastewater Asset Management Program (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis of the. Staff recommended adopting the resolution as submitted so staff may complete the application for the Wastewater Asset Management Program. Mr. Hare moved to recommend adopting the resolution as submitted so staff may complete the application for the Wastewater Asset Management Program, as recommended by staff. The motion was seconded by Mr. Sudler and unanimously carried. Mr. Rocha stated that he has heard the concerns floating around in regard to minority contractors going up for bids, for some of the city’s work that is going to be done here in their city. He thinks that as a council, they have to make a change before they actually see the change. So, he actually reached out to a Director in the City of Baltimore, and he works for the mayor’s office there in the Small Minority Business Advocacy and Development and he has agreed to meet with him. Although the meeting is not until September, he is going to start to mentor Mr. Rocha, and he will pass on whatever he learns to everyone on how they have successfully implemented this. They have heard it from some individuals that they know are contractors and it is going to be a process, but he thinks they need to get the ball rolling and they may have to act in order to see it come to fruition. Mr. Rocha noted that the gentleman’s name is Christopher Lundy, and he has agreed to meet and educate. Then eventually after they have their initial meeting, they are going to schedule an opportunity for everyone to hear him out and see what steps they need to take to resolve this once and for all. Responding to Mr. Iriowen, Mr. Lyon stated that he does not know the exact levels but that he does know that the location was a dump location. Iron is the main one and there was lead involved, iron metals for the most part. Unfortunately, he does not have that data in front of him, but he would be happy to share that with the committee. Mr. Lyon stated that they have done some soil borings and they do have some data. Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 7:40 p.m.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 11 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. Shevock, and unanimously carried. Proposed Ordinance #2023-08 – Amending Appendix B: Zoning, Article 3, Section 13 – Central Commercial Zone (C-2) (Mary Ellen Gray, Planning and Community Development Director) Ms. Mary Ellen Gray, Planning and Community Development Director, reviewed the background. Staff recommended referring the proposed Zoning Text Amendment (Ordinance #2023-08) for First Reading and Public Hearing with Planning Commission and City Council Responding to Mr. Anderson, Ms. Gray stated that the addition of indoor recreation and amusement establishments to the C2 zoning district is common in four other zoning districts. The institutional and office zone, the C3 zone, C4, and IPM2 zoning districts as well. Ms. Gray stated that the C2 is primarily downtown and that it just makes it consistent with the others in the city. Responding to Mr. Lewis, Ms. Gray stated that the use is indoor recreation and amusement establishments. So, this zoning ordinance amendment was brought to her attention by Councilman Anderson and it is her understanding that a gym would like to go in as a use in the downtown zoning district. Mr. Hare moved to recommend referring the proposed Zoning Text Amendment (Ordinance #2023-08) for First Reading and Public Hearing with Planning Commission and City Council, as recommended by staff. The motion was seconded by Mr. Rocha and unanimously carried. Proposed Ordinance #2023-07 – Amending Chapter 2 – Administration, Article IV – Officers and Employees, Division 1 – Generally, Section 2-201 – Compensation and expenses for mayor, council, and other elected or appointed officials (Councilman Anderson) Mr. Anderson reviewed the background and analysis. Staff recommended approving the proposed ordinance #2023-07, adding reimbursement in the amount of $75.00 to members of the Construction and Property Maintenance Code Board of Appeals and reimbursement for nonemployee election officers and employee election officers to receive an amount set by city council. Responding to Mr. Lewis, Mr. Anderson stated that it would take effect upon signing by the mayor and that it would not have any impact on the budget. Mr. Anderson noted that it is $75 a meeting and that they are not talking a large dollar amount. That money has already been put in the budget and he believes it is $1,200.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 12 Mr. Sudler moved to recommend approving the proposed ordinance #2023-07, adding reimbursement in the amount of $75.00 to members of the Construction and Property Maintenance Code Board of Appeals and reimbursement for nonemployee election officers and employee election officers to receive an amount set by city council, as recommended by staff. The motion was seconded by Mr. Hare and unanimously carried. Energize Delaware Grant for Local Government Electric Vehicle Fleets (Sharon Duca, Assistant City Manager) Ms. Sharon Duca, Assistant City Manager reviewed the background and analysis. Staff recommended that city council approve the acceptance of the Energize Delaware Grant for Local Government Electric Vehicle Fleets for $488,802.32 and approve the application for the DNREC Delaware Electric Vehicle Charging Station Rebate Program for $11,197.68 and authorize the City Manager to implement the associated pilot program. Responding to Mr. Lewis, Matthew Brown, City of Dover Fire Marshal’s Office, stated that the grant is for three (3) years and that the city must maintain the vehicles for those three (3) years. At that point or earlier if council or management decides then they can add more vehicles, they just cannot sell the vehicles through the grant that they receive for three (3) years Responding to Mr. Lewis, Mr. Brown stated that the cars would be 100% owned by the city after the three (3) years is up. Mr. Brown stated that after meeting with Mike Hamlett, the director who oversees the fleet, there are some concerns. Obviously, manufacturers can sell an electric vehicle, which saves you all this money. The city wants to determine it for themselves. So instead of jumping right in and replacing vehicles, they are basically creating a test pool that they are going to use for up to the next three years to decide on their own whether it saves the city money and if it fits the departments that are going to be using them. Responding to Mr. Sudler, Mr. Brown stated that in regard to life expectancy, obviously, electric vehicles are somewhat new. They basically became more available in 2012, which was roughly 11 years ago. They are still in service but the biggest hurdle that they are looking at is how long the battery is going to last. They are warranted for 100% up to eight years. Then it slowly depreciates until it hits the 15-year mark, which is at 50%. Then the warranty would expire. The purpose of this is so that they can determine for themselves what the pros and cons are. If they listen to the market, some of the pros are less maintenance. Mr. Brown noted that he has owned an electric vehicle for six years now. Maintenance is a breeze, change tires, change the windshield wiper blades, and add washer fluid. That is it but that does not mean something will not break down. Mr. Brown discussed the cons. This is something that Mr. Hamlett brought up and he is concerned about the availability of parts. These are new vehicles; this is new technology. So, if it breaks, how long is it going to take to fix it? The reason why they are doing it as a test pool is exactly that. So, if something does break and they say, "Hey, this inverter is going to take eight months to get." They still have the vehicle that it replaced and are still available to go back in service at any time. Other cons? He cannot think of anything offhand.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 13 Pros, he can name them all day long. Fuel efficiency, to fill one of these vehicles up that they are purchasing is going to cost about eight bucks in electricity at the retail rate. Versus fuel, 30 gallons at $3 a gallon, $90, so it is dramatic. Other than that, the vehicles themselves serve the exact same purpose. Responding to Mr. Shevock, Mr. Brown stated that the vehicles that they are looking to purchase, the pickups, have a 240-mile range. They charge roughly 25 miles an hour. So, if somebody were to use it completely during the day, it would charge up in eight to 10 hours overnight. Ideally, the situation with any electric vehicle is always to have it charging. If you come into the office for lunch, plug it in, and let it charge for 30 minutes while you are on lunch. If it is here for the afternoon, plug it in and charge it. The real-time data is what they are looking to collect. Is 240 miles enough for our city vehicles? Is 240 miles enough for a police vehicle? Is it enough for the grounds or the fire marshal? Responding to Mr. Shevock, Mr. Brown stated that he does not want to say that the disposal of the batteries has not been addressed because it has been addressed. Most large manufacturers such as Ford, GM, and Tesla are involved, they have all gotten together and created a recycling company that can take them, tear them apart, use the valuable materials out of them, and try to reuse them. Then the goal is to properly dispose of it. It means that these are only 10 to 12 years old, and they have not really had the mass influx of used batteries to try to recycle. So that is still to be shown. Mr. Hare moved to recommend that city council approve the acceptance of the Energize Delaware Grant for Local Government Electric Vehicle Fleets for $488,802.32 and approve the application for the DNREC Delaware Electric Vehicle Charging Station Rebate Program for $11,197.68 and authorize the City Manager to implement the associated pilot program, as recommended by staff. The motion was seconded by Mr. Rocha and unanimously carried. Proposed Resolution No. 2023-14 – Diversifying the City of Dover’s Fleet with Electric Vehicles (Sharon Duca, Assistant City Manager) Ms. Sharon Duca, Assistant City Manager reviewed the background and analysis. Staff recommended the adoption of the resolution as submitted. Mr. Hare moved to recommend the adoption of the resolution as submitted, as recommended by staff. The motion was seconded by Mr. Rocha and unanimously carried. Evaluation of Proposals – Weyandt Hall HVAC Upgrade (Mike Hamlett, Central Services Director) Mr. Mike Hamlett, Central Services Director reviewed the background and analysis. Staff recommended awarding the Weyandt Hall HVAC upgrade to Statewide Mechanical, Inc. as per the proposal submitted in response to RFP #23-0016FM. Mr. Hare moved to recommend awarding the Weyandt Hall HVAC upgrade to Statewide Mechanical, Inc. as per the proposal submitted in response to RFP #23-0016FM, as recommended by staff. The motion was seconded by Mr. Rocha and unanimously carried.

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 14 Authorization to Purchase – Replacement of Engine 4 (Chief Carey, Dover Fire Department) Chief Carey, Dover Fire Department reviewed the background and analysis. Staff recommended approval of the purchase of an Engine 4 replacement. Mayor Christiansen stated that the fire apparatus standards increase each year regarding what they want you to have on the equipment. DOT requires certain standards, and he would like to report that the fire apparatus in Robbins Hose Company, which is the Dover Fire Department, is meticulously taken care of by the members. Also, the contractors who come in to make sure that they get the maximum life out of those pieces of equipment. The Dover Fire Department being the only all-volunteer fire department that serves a state capital in the United States, continues to do an outstanding job. Mayor Christiansen noted that he thinks that as long as they supply the top-of- the-line equipment, they provide the citizens with great fire protection for the amount of money that they spend on the equipment and bills for the city. It also serves as a reduction in people's fire insurance, which reflects on a greatly equipped department and well-trained department. Responding to Mr. Neil, Chief Carey stated that yes, Engine 4 would go up for sale, and then they would take that money to equip the truck. So, when the city purchases a firetruck, it is purchasing the shell, the engine, the transmission, and all that good stuff. So currently, they have been selling the other fire engines for about $75,000. On the last engine that they bought; they spent $97,000 on equipment. So, $35,000 of that money to equip that fire truck is coming from their state grant and aid, Kent County contributions that they get from them each year, and any donations that they take in. So just to clarify what happens with that used firetruck when it goes for sale, that is what they have been doing in the past. Responding to Mr. Neil, Mr. Hare stated that the money is not budgeted for this year, because they do not have to pay anything in advance for this truck. So, the money will be in two budget years down the road. That is where the money will be, so they are good right now. They can order it and they do not have to pay for it upfront because if, down the road, 18 months, two years from now, 28 months, if they say, "Well, we cannot afford to pay for it." It is not an issue because they will sell it. They do not have a problem getting rid of fire trucks right now. It would probably behoove us if we were in that position to place an order for two of them if we had to. Responding to Mr. Neil, Mr. Anderson stated that if necessary for something that vital, they would borrow the money if they had to in a bond or a line of credit. Responding to Mr. Rocha, Chief Carey stated that if they ordered it now, they lock in the quoted price and that they would not have to pay for it until FY27. Responding to Mr. Anderson and Mr. Hare, Chief Carey stated that they have worked with the City Treasurer to go out and solicit for the loan. The loan is held by the Fire Department and then of course the Council guarantees the money to fund that piece of apparatus. So, the debt is taken on by the Fire Department, not by the city. Just so council has an idea, he did some numbers. This truck is supposed to be replaced under the FY25 budget year, so it would be delivered in that budget year as well. They have been replacing engines every three years. So, they are on a 15-year rotation, or they are trying to get to a 15-year rotation like they should be. In 2028, there is another

COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 15, 2023, PAGE 15 engine coming due. Between now and 2028, that truck is going to increase by $247,000 based on the 5%. So just something to think about that could save the city a lot of money if that was something that council wanted to do. Responding to Ms. Smith, Chief Carey stated that they normally sell them to a department that is not as busy as they are. So, Dover runs almost 1,600 calls a year and they are all volunteers, we do not have any paid people as of right now. So, once they sell them, they sell them to a slower department, sometimes they go to Pennsylvania, there is a couple in North Carolina, where they are not running as many calls, but there is still some life in them. To a fire department that cannot afford anything or cannot afford a new truck to meet their needs. Mr. Hare suggested adding the second fire truck to a future meeting. Responding to Mr. Hare, Chief Carey stated that ordering the same truck for 2028 later on would be $247,000 more. Also, if they were to order a second truck now, there would be a discount of $86,000 on the second piece. Mr. Sudler moved to recommend approval of the purchase of an Engine 4 replacement, as recommended by staff. The motion was seconded by Mr. Lewis and unanimously carried. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 8:14 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 8:14 p.m. William F. Hare Council President WH/ar \\VMFILEPRINT\CityClerk\AGENDAS-MINUTES-PACKETS\Committee-Minutes\2023\08-August\08-15-2023 CCW.docx