Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning...

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Regular City Council Meeting Agenda July 27, 2020 - 7:30 p.m. This meeting will be held remotely via WebEx. Public participation information is as follows: Phone: 1-408-418-9388 Link: https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=e8d828d798bcfd9c3f1d9b 3427efafa21 Event number: 129 679 3077 Event password: DOVER (if needed) If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. Invocation by Mayor Christiansen Pledge of Allegiance Led by Councilman Cole Adoption of Agenda * Consent Agenda Those items on the Council Agenda which are considered routine and non-controversial shall be marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. * 1. Adoption of Minutes - Regular Council Meeting of July 13, 2020 2. Presentations A. Presentation - Lutheran Senior Services of Dover, Inc. - Payment-in-Lieu of Taxes (PILOT) B. 2019 Police Department Annual Report C. Introduction of 2020 Executive Staff - Dover Police Department * 3. Council Committee of the Whole Report - July 14, 2020 A. Legislative, Finance, and Administration Committee (1) Proposed Ordinance - Staff Substitute #2 (SS#2) for Ordinance #2020-05 - Amending Chapter 22 - Buildings and Building Regulations, Art IX - Lodginghouses and Art X - Rental Dwellings, Appendix F - Fees and Fines, and Article 12 - Definitions (Committee recommendation: Refer back to Staff)

Transcript of Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning...

Page 1: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

Regular City Council MeetingAgenda

July 27, 2020 - 7:30 p.m.

This meeting will be held remotely via WebEx. Public participation information is as follows:

Phone: 1-408-418-9388Link: https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=e8d828d798bcfd9c3f1d9b3427efafa21Event number: 129 679 3077

Event password: DOVER (if needed)

If you are new to WebEx get the app now at https://www.webex.com/ to be ready when themeeting starts.

Invocation by Mayor Christiansen

Pledge of Allegiance Led by Councilman Cole

Adoption of Agenda

* Consent AgendaThose items on the Council Agenda which are considered routine and non-controversial shall bemarked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. Therewill be no separate discussion of these items unless a member of Council so requests, in which eventthe matter shall be removed from the Consent Agenda and considered a separate item.

* 1. Adoption of Minutes - Regular Council Meeting of July 13, 2020

2. Presentations A. Presentation - Lutheran Senior Services of Dover, Inc. - Payment-in-Lieu of Taxes

(PILOT)B. 2019 Police Department Annual ReportC. Introduction of 2020 Executive Staff - Dover Police Department

* 3. Council Committee of the Whole Report - July 14, 2020A. Legislative, Finance, and Administration Committee

(1) Proposed Ordinance - Staff Substitute #2 (SS#2) for Ordinance #2020-05 -Amending Chapter 22 - Buildings and Building Regulations, Art IX -Lodginghouses and Art X - Rental Dwellings, Appendix F - Fees and Fines, andArticle 12 - Definitions

(Committee recommendation: Refer back to Staff)

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Council Agenda - July 27, 2020 Page 2

* 3. Council Committee of the Whole Report - July 14, 2020 (Continued)B. Utility Committee

(1) Water Production Division Proposed Operational Changes(Committee recommendation: Begin this operational plan to assist with theground water resource for all stakeholders. This would be put into action after thecompletion of the Water Treatment Plant Process Improvement Project.)

(2) Update on Development of Provisions and Ordinance for WirelessCommunication Facilities

C. Parks, Recreation, and Community Enhancement Committee(1) Review of Active Recreation Area Plans (Request for Cash-in-Lieu) - Landing

Square Apartments - 600 Bay Road (Planning Reference #C-20-02)(Committee recommendation: Approval of the active recreation area plan withthe comments and conditions provided)(Committee recommendation: Acceptance of the $98,387.52 cash-in-lieu ofrecreation area construction donation, as the amount complies with therequirements of the Zoning Ordinance.)

(2) Consideration of Request to Delaware Congressional Delegation RegardingDisposition of Wetland Pond Adjacent to Pat Lynn Drive at the Site of theProposed New Middle Schools

(Committee recommendation: Forwarding the letter to City Council forendorsement with proper signage and proof reading with Capital School District.)

(3) Renaming of New Street Park to Bishop L.T. Blackshear Park(Committee recommendation: Renaming of New Street Park to BishopL.T. Blackshear Park)

(4) Mr. Bobby Wilson and the Wilmington Hope Commission(Due to the absence of Mr. Bobby Wilson this item was Deferred by Committee)

(5) Summer Park Activities Update(Committee recommendation: Acceptance of the Update)

(6) Library Reopening Plan(Committee recommendation: Approval of Staff’s revised recommendation)

* 4. Quarterly Revenue Report as of June 30, 2020(Staff recommendation: Acceptance of the report)

* 5. Reappointments Recommended by Mayor ChristiansenA. Board of Adjustment - Arthur G. Ericson - Three-Year Term to Expire July 2023B. Election Board - M. Milford Caldwell - Three-Year Term to Expire May 2022

C. Historic District Commission - Three-Year Terms to Expire July 2023c-1. Ann Baker Horseyc-2. Mary Terry Mason

6. Proposed Cancellation of August Meetings

7. City Manager’s Announcements 8. Council Members’ Announcements

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Council Agenda - July 27, 2020 Page 3

9. Adjournment

Executive Session Pursuant to:

29 Del. C. §10004(b)(2) - Preliminary discussions on site acquisitions for any publicly funded capitalimprovements, or sales or leases of real property;

29 Del. C. §10004(b)(4) - Strategy sessions, including those involving legal advice or opinion from anattorney-at-law, with respect to collective bargaining or pending or potential litigation, but only when an openmeeting would have an adverse effect on the bargaining or litigation position of the public body;

29 Del. C. §10004(b)(6) - Discussion of the content of documents, excluded from the definition of "public record"in §10002 of this title where such discussion may disclose the contents of such documents;

29 Del. C. §10004(b)(9) - Personnel matters in which the names, competency and abilities of individual employeesare discussed, unless the employee requests that such a meeting be open

/tmS:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Agendas\2020\07-27-2020 COUNCIL.wpd

THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2),THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDINGEXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.

Page 4: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

REGULAR CITY COUNCIL MEETING

The Regular City Council Meeting was held by video conference on July 13, 2020 at 7:31 p.m. withCouncil President Hare presiding. Council members present via video or telephone wereMr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Cole (arrived at 7:32 p.m.), Mr. Taylor, andMr. Lindell.

Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord,Mrs. Mitchell, Mr. Hugg, Mr. Rodriguez, and Mrs. McDowell. Mayor Christiansen was absent.

The invocation was given by Councilman Taylor, followed by the Pledge of Allegiance.

ADOPTION OF AGENDAMr. Neil moved for adoption of the agenda, seconded by Mr. Sudler and unanimously carried.

Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Lindell and carried bya unanimous roll call vote.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 22, 2020The Minutes of the Regular Council Meeting of June 22, 2020 were unanimously approved bymotion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of MayorChristiansen.

TRIBUTE NO. 2020-02 - FREDERICK TOLBERT, SR.The City Clerk read the following Tribute into the record:

A TRIBUTE EXPRESSING SYMPATHY AND CONDOLENCES UPON THE PASSING OFFREDERICK TOLBERT SR.

WHEREAS, the Mayor and Council of the City of Dover are saddened by the passing of FrederickTolbert Sr., former Chairman of the City of Dover Planning Commission, on June 11, 2020; and

WHEREAS, Frederick Tolbert Sr. was a long-time resident of the City of Dover and an active andwell-respected member of our community. He was first appointed to the Board of Adjustment in1998 and served until he was appointed to the Planning Commission in May 2004. Mr. Tolbert waselected Vice-Chairman of the Planning Commission in April 2012 and was subsequently electedChairman in July 2015, a position which he held through August 2019. He took a great interest inmanufactured home communities and attended many local planning and land use training activities.He also participated in the development of the City's 2008 and 2019 Comprehensive Plans; and

WHEREAS, Frederick Tolbert Sr. was a loving and devoted husband and father, and he will bedeeply missed by his friends, family, and all of those whose lives he has touched.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their deepestsympathy and condolences to the family and friends of Frederick Tolbert Sr., and hope that they willbe consoled by the memories of his life and achievements.

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BE IT FURTHER RESOLVED that the Mayor and Council direct the City Clerk to place thisTribute in the permanent records of the City of Dover and that a copy of this Tribute be provided tothe family of Frederick Tolbert Sr.

ADOPTED: JULY 13, 2020

Mr. Daren Tolbert, Fred Tolbert’s oldest grandson, accepted the tribute on behalf of his family andthanked the City for honoring him. Members of Council recalled Mr. Tolbert’s contributions to thecommunity and relayed several of their personal experiences with him.

Mr. Sudler moved for adoption of Tribute No. 2020-02, seconded by Mr. Sudler andunanimously carried.

COUNCIL COMMITTEE OF THE WHOLE REPORT - JUNE 23, 2020The Council Committee of the Whole was held by video conference onJune 23, 2020 at 6:00 p.m., with Council President Hare presiding. Council memberspresent via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin,Mr. Cole, Mr. Polce, Mr. Taylor, and Mr. Lindell. Civilian members present viavideo or telephone for their Committee meetings were Ms. Maucher (Utility),Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration), andMr. Shelton (Safety Advisory and Transportation). Mr. Wagner was absent (SafetyAdvisory and Transportation).

UTILITY COMMITTEE

The Utility Committee met with Chairman Cole presiding.

ADOPTION OF AGENDAMr. Sudler moved for approval of the agenda, seconded by Mr. Neil and unanimouslycarried.

Evaluation of Bids - Meeting House Branch Sewer ReplacementMr. Jason Lyon, Water and Wastewater Director, reviewed the background andanalysis regarding the Meeting House Branch Sewer Replacement.

Staff recommended awarding the contract to Teal Construction, Inc. for the City ofDover Meeting House Branch Sewer Replacement Project, Bid #20-0027PW, for$205,665.00.

Responding to Ms. Maucher, Mr. Lyon stated that the amount of bids depends on thetype of project and the economic climate that they are in. He noted that he has seenwhere they have about three or four bids, but it is really tough to predict and witheverything going on with the COVID pandemic. Mr. Lyon stated that a large majorityof these contractors have been working throughout the pandemic, so they have beenbusy. One of the economic drivers that is going on, at least in the area is not atypical,but it just depends on a lot of factors.

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Responding to Mr. Taylor, Mr. Lyon stated that he would need to double check withProcurement, but that they did submit a list of qualified vendors, which includedminority business owners and disadvantaged business owners. He noted that theysubmitted that out with the advertisement to bid, which is publicly advertised fornewspapers and on the City's website. Mr. Lyon stated that there were no pre-bidmeetings, it is not a requirement of the procurement policy. He stated that it is anavenue that they can go if the project is complex or if they feel that there needs to beclarity provided at that meeting.

Mr. Taylor stated that puts the minority business owners at a grave disadvantage anddoes not give them a level playing field. He stated in the future, he would like if theygo through the pre-bid meeting process and that tells everyone exactly what theexpectations are and how to bid on these jobs. He stated that is one of the failuresthat they have, that they are not teaching people how to do it properly. Mr. Lyonnoted that typically when they have a pre-bid meeting, it is mandatory that the peoplethat bid on it attend those meetings. He stated if they cannot make the meeting, thenthey are ruled out of the bidding process.

Mr. Neil moved to recommend awarding the contract to Teal Construction, Inc.for the City of Dover Meeting House Branch Sewer Replacement Project, Bid#20-0027PW, for $205,665.00, as recommended by Staff. The motion wasseconded by Mr. Slavin and unanimously carried.

By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,seconded by Mr. Lindell and carried by a unanimous roll call vote.

Extension of NAES (North American Energy Services) Contract through June30, 2021Mrs. Donna Mitchell, City Manager, reviewed the background information regardingthe extension of NAES (North American Energy Services) Contract throughJune 30, 2021.

Staff recommended approval of the Second and Amended Restated Operation andMaintenance Agreement between NAES Corporation and the City of Dover, aone-year extension through June 30, 2021.

Mr. Neil stated that this is the second time they have had a bid that could be lowerthan what they have actually approved. He stated that they should have less cost withthis, as well as with the bids for the Meeting House Branch Sewer Replacement.Responding, Mrs. Mitchell stated that this is not truly a bid, it is a contract extension.She noted that NAES has been under contract with the City for some time and theyare just extending this contract through the final year of running McKee. She statedthat they will be doing an RFP for future operation and maintenance on Vansant andthey will be bidding that out.

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Responding to Mr. Neil, Mrs. Mitchell stated that the cost this year on this contractis less.

Mr. Neil moved to recommend approval of the Second and Amended RestatedOperation and Maintenance Agreement between NAES Corporation and theCity of Dover, a one-year extension through June 30, 2021, as recommended byStaff. The motion was seconded by Mr. Lindell and unanimously carried.

By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,seconded by Mr. Lindell and carried by a unanimous roll call vote.

Mr. Neil moved for adjournment of the Utility Committee meeting, seconded byMr. Lindell and was unanimously carried.

Meeting adjourned at 6:10 p.m.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE

The Legislative, Finance, and Administration Committee met with Chairman Lindellpresiding.

ADOPTION OF AGENDAMr. Neil moved for approval of the agenda, seconded by Mr. Sudler and unanimouslycarried.

Motor Vehicle Record Review PolicyMrs. Kim Hawkins, Human Resources Director, reviewed the Motor Vehicle RecordReview Policy.

Staff recommended approval of the Motor Vehicle Record Review Policy.

Responding to Mr. Contant, Mrs. Hawkins stated that they do require all of theemployees that drive a City vehicle to take defensive driving. She noted that they doit every three years and it is actually due this year, a member of Human Resources iscoordinating that for hopefully September or October depending on COVID andwhen they all can get together.

Mr. Neil asked if a DUI is automatically a 12-point offense if c victed. Mrs. Hawkinsstated that on page three of the policy, it talks about a DUI. She noted that they havehad situations in the past where they have had employees with DUIs and they reallyhave to wait and see what the court system does with them, whether it is actually anoffense or if they go through the First Offenders' Program.

Responding to Mr. Slavin, Mrs. Hawkins stated that the policy may be in conflictwith the Police Officer's Bill of Rights, and that the action that will be taken then

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Police Chief Johnson would apply the provisions of this policy separately for thePolice Department.

Responding to Mr. Slavin, Mrs. Hawkins stated that she did not vet that issue at allwith legal counsel to determine that the conflict was or if the conflict has been testedto be proven.

Mr. Slavin requested the City Clerk to see if the City has a legal opinion about thisand if they have not, then request one. He noted that these are the very issues aboutpolicing that they are hearing about, about transparency. He stated he cannot sit byand approve another policy that exempts one class of employees in the City butapplies it to another class of employees and that they need fairness, evenness, andtransparency when they are applying these things. Mr. Slavin stated if the issue is thatthe Police Officer's Bill of Rights does not allow them to do this, they need tocommunicate to their legislators that as a municipality, they are bumping into theseissues. He noted that it is preventing them from having fair policies for allemployees.

Mr. Anderson asked if they should do this before they negotiate with unions, becauseit cannot really be effective. He requested to hear more about the employee ownedvehicle scenarios where an employee is driving their own vehicle. He noted thatseemed to be more problematic.

Responding to Mr. Anderson, Mrs. Hawkins stated regarding employee ownedvehicles, that the reason that they have included that is because they would bear someof the responsibility if the individual was in a vehicle accident, they could haveinsufficient limits on their auto insurance and then the claim would fall back on theCity of Dover. She noted they want to make sure that they are a safe driver as well.Mrs. Hawkins stated regarding union issues, that they are actively engaged with twoof the unions right now in contract negotiations. She noted that the DOE unit, she hasemailed the policy to the president and advised them of it. She is hoping he will, inessence, come to the table and talk about it so they can get it implemented.

Mr. Anderson stated that he understood the law enforcement Officer's Bill of Rightsdeals with the personnel issues that they have to deal with internally, but his concernis if they pass this before the unions sign on, then are they not just binding only onesmall group of employees, the non-bargaining, until the unions come on board.Mrs. Hawkins stated that the City has the ability to implement any policy that itwishes to, but based upon labor law they have to negotiate the impact that it has onit. She stated if City Council passes the policy, the policy is the policy and they aregoing to adhere the unions to it. Mrs. Hawkins strongly encourages them to come tothe table and talk about it so they can make it work for everybody.

Mr. Neil moved to recommend referring the item back to Staff until the questions areanswered and they come back to the Committee at that point. The motion wasseconded by Mr. Anderson.

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Mr. Casey Jaywork, 14 South Bradford Street, expressed his support for whatMr. Slavin stated against exempting certain City employees from policies that applyto other employees.

Mr. Sudler asked if they could use a timeframe between 7:30 a.m. to 5:30 p.m., becovered through the City's insurance and then anything after 5:30 p.m. would not becovered. He noted that it could steer them away from major issues like DUIs oraccidents. Responding to Mrs. Hawkins, Mr. Sudler clarified that he was suggestingthat if a driver obtains any points from the hours of 8:00 a.m. to 5:00 p.m., whateverthe time frame is, would be considered but if the driver earns any points from5:00 p.m. until 8:00 a.m. they would disregard those. He asked if there is a processavailable in the insurance plan that they would consider that. Responding,Mrs. Hawkins stated she would have to go out on a limb and say that Travelers is notgoing to support that. She stated they are going to look at the entire history of thedriver.

Mr. Sudler requested Mrs. Hawkins to get an official statement from Travelersstating that they are not interested in that.

Mr. Hare stated he agreed with Mr. Slavin and addressed Mr. Sudler's concerns.Mr. Hare noted that he could not provide details, but with his position on theAccident Board, if the City is aware of an employee's driving record after 5:30 p.m.and before the employee comes back to work and they have multiple points and aDUI and the City takes no action, during that day that employee is in an accident, itis going to come back to the City. Mr. Hare stated that it will still be the City's andthe insurance company's responsibility. He noted if the employee is hurt, it is goingto be the City's responsibility for a Workers' comp issue plus any liability or damage.Mr. Hare stated that he did think it should apply to all personnel and their recordsshould be checked. Mr. Lindell agreed with Mr. Hare and Mr. Slavin.

Mr. Sudler stated that he is just inquiring if there is a time zone or just something thatcould be worked out where the City will not be liable. Mrs. Hawkins stated that ifthey were going to consider the timeline, to consider an example of an employeelosing their license after work. She stated it just gets very convoluted as to what timeframe and she did not know if the time frame is captured at the Delaware Departmentof Motor Vehicles (DMV).

Mr. Contant stated he agreed with that they should have one set of policies that applyto everyone so they are not elevating one class of citizen over another. He noted thathe did not think that they should look at separating the timeframes. He noted thatwhether it is working hours or non-working hours, the City is going to be liable foranything that happens during working hours. He stated that this is mostly centeringaround Traveler's suggestion and whether or not it happens on the City clock or not,an insurance policy in their formulas are going to come down to the probability thatthey are going to have to pay out a claim. Mr. Contant stated he did not think theyshould necessarily try to consider a policy that only looks at their driving record

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while an employee is working, especially as it concerns the City and liability and thefact that insurance companies are all based on probability. Mr. Contant noted thatdriving is not a right, it is a privilege and the City should be very careful who theygive that privilege to, since they will be ultimately liable for any action that anemployee takes, or any crash or injury sustained during that time on the clock.

Mr. Neil moved to recommend referring the item back to Staff until thequestions are answered and have them come back to the Committee at thatpoint. The motion was seconded by Mr. Anderson and unanimously carried.

By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,seconded by Mr. Lindell and carried by a unanimous roll call vote.

Discussion - Fiscal Year 2021 Audit ProgramMs. Lori Peddicord, Controller/Treasurer, reviewed the Fiscal Year 2021 AuditProgram.

Staff recommended acceptance of the audit program.

Mr. Neil stated that the report says recommend summary of the findings and hesuggested that it show some sort of a capsule of what their recommendations are ortheir findings are at the front of it. He stated that it is so as they go through the audit,they have an idea of what they are looking for, just so if there is a problem, they haveseen it. Ms. Peddicord took note of Mr. Neil's suggestion and stated they arecontinuously back and forth with the auditors. She stated this year will obviously bea little different because she thinks they are planning to do a lot of the preliminarywork and the internal controls remotely unless some of the COVID social distancingand travel restrictions are lifted.

Mr. Anderson moved to recommend accepting the audit program withMr. Neil's additions. The motion was seconded by Mr. Cole and unanimouslycarried.

By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,seconded by Mr. Lindell and carried by a unanimous roll call vote.

Mr. Neil moved for adjournment of the Legislative, Finance, andAdministration Committee meeting, seconded by Mr. Cole and unanimouslycarried.

Meeting adjourned at 6:45 p.m.

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SAFETY ADVISORY AND TRANSPORTATION COMMITTEE

The Safety Advisory and Transportation Committee met with Chairman Taylorpresiding.

ADOPTION OF AGENDAMr. Neil moved for approval of the agenda, seconded by Mr. Anderson andunanimously carried.

Update on Code Enforcement and Division GoalsMr. Ron Coburn, Code Enforcement Officer, reviewed a presentation titled "CodeEnforcement - Overview, goals and objectives".

Mr. Anderson, referring to downtown, stated that there are a lot of people who feellike that is targeting them when there are problems all over the City. Responding,Mr. Coburn stated that when he says focus on downtown, it is basically on theLoockerman Street area. He noted that they want to try to get the businesses occupiedon that street. Mr. Coburn stated it seemed like that has been an ongoing goal of theCity of the 19 years he has been with them, to try to get new businesses downtownoccupied.

Mr. Anderson asked, regarding repeat drug places, have they thought about pursuingcivil forfeiture or if there were mechanisms for the multiple places that are empty,abandoned and or with issues. Responding, Mr. Hugg stated that the cooperationbetween the Police Department and the Code and Fire Inspectors are outstanding. Henoted they have a protocol and that there are a lot of situations where if one of theinspectors believes there is a problem or feels uncomfortable, they will call a policeofficer to join them and vice versa. Mr. Hugg noted that they have been called by theDover Police Department from time-to-time to send a Code Enforcement Officeralong the way. He stated that one of their goals is for them to get to small enoughareas where the inspectors know the buildings, owners, renters and are increasingmore responsive. Over the years they have kind of bounced around the City and notnecessarily built that relationship and that is really important. He stated that they haveheard from the Downtown Dover Partnership (DDP) and downtown business ownersthat when they are able to concentrate on a block like Queen Street, when theinspector is visible and out of the car in the neighborhood, they get a lot ofcooperation, support, and appreciation for that effort.

Mr. Neil stated he did not realize the department was as shorthanded as they are, butthat they have been absolutely terrific in terms of responses when he has hadconstituent complaint. He expressed his appreciation that the code inspectors showup for Homeowner's Association (HOA) meetings.

Responding to Mr. Taylor, Mr. Hugg stated that 52% of the City are renters wasreported from 2017 or 2018. He noted that it is a little outdated, but that is thenumber that is both in the housing plan and in the census data. He noted that it is over

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50% of dwelling units in the City are rental occupant and it is as high as 70 or 80%in certain sections downtown.

Responding to Mr. Taylor, Mr. Coburn stated that most of the vacant building areeither owned by banks that have been in foreclosure or they are owned by people thatlive in Delaware. Mr. Taylor asked if there was anything they knew of that they coulddo to push the banks to start taking care of those properties. Mr. Coburn stated thatthe banks were overwhelmed for the longest time and that several of the banks arestarting to get a lot of them. He stated they were not just dealing with foreclosures inDover, but nationwide. The banks are starting to get their plate cleaned off.Mr. Coburn stated when he took over the vacant building program five years ago,there were as many as 400 vacancies, but is down to 180. He noted that a couple ofthe problem properties that they deal with live right in Dover and do not want to doanything or they play the system.

Responding to Mr. Lindell, Mr. Hugg stated they have not done any research onlooking at comparable communities about their size and with similar percentage ofrentals versus homeownership or others code enforcement. He noted that it is a goodsuggestion. Mr. Hugg stated as they move through monthly reports they will see ifthey can get a better handle on the numbers, distribution, and how that compares toother areas.

Mr. Lindell stated those were most of the complaints he receives especially fromhomeowners who have invested in the community. He stated a part of the issue, ifthey are trying to turn around home ownership in this community, is that people arenot going to invest in owning a home if they do not clean up the messes that arearound them. Now there is a place for rentals in the community, but they need tomake sure they have invested significantly in enforcing the code.

Mr. Sudler, regarding staffing concerns, asked if the department conducts an exitsurvey interview to try and predict and be proactive with key and core issues that areaffecting the turnover rate or tension of the employees. He stated that they mightwant to look into that and can do it simply online. Responding, Mr. Coburn statedthat the Human Resource Department does an exit interview when people leave.Mr. Hugg stated that Code Enforcement generally is an area where people come towork for the City of Dover. In many cases stay with the City of Dover, but move intoanother department. He noted that has happened a number of times. Mr. Hugg statedthey are just sitting in kind of a weird situation right now with medical injuries thatare not job related necessarily.

Mr. Hugg stated that they also have a Chief Building Inspector, two buildinginspectors, and a Fire Marshal and three deputies, all of whom are also inspectors.He noted they have a flexibility at least to reach out into another department, anotherdivision, the same department from time to time, to help them fill in.

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Responding to Mr. Taylor, Mr. Coburn stated that he did not know how well internswould work. He noted the code is very in-depth and that it takes somebody about ayear to get comfortable doing a job.

Mr. Casey Jaywork, 14 South Bradford Street, asked if there had been any talk abouttrying to use vacant buildings to create shelter housing for unhoused people.Responding, Mr. Coburn stated that they would have to have the property owners'permission in order to house people there. Mr. Hugg noted that they have beenworking with NCALL and Habitat for Humanity for housing. He stated that thereduction in the number of vacant buildings is in part because they are either workingwith one of those entities to have that building removed and a new building erected,or where there has been efforts to rehabilitate buildings. They have also hadcooperation of at least some large land or property owners who have realized thatmaybe they could have gotten away with not fixing their buildings in the past. Thatsituation has changed, and they become much more interested in fixing their buildingup and getting it ready. Mr. Hugg stated they still have ways to go there, but theyhave made some progress with some landlords who otherwise had not takennecessary care of their properties.

Mr. Hugg stated that all of the Council and Committee members were welcome tocall the Planning and Inspections Department. He noted that they welcome themcoming to the department and raising an issue. He stated the sooner they know abouta problem, the more responsive they can be. Mr. Hugg stated that all of the CodeOfficers are committed to responding as quickly and efficiently as possible.

Police Chief Thomas Johnson concurred with Mr. Hugg's assessment about theworking relationship between Planning and Inspections and the Police Department.He stated it works to compliment each other in moments where they can both achievetheir goals. They are going to do everything they can to maintain that goodrelationship and keep those lines of communication going back and forth.

Community Announcement Regarding Actions and Initiatives Designed toIncrease the Accountability of the Dover Police Department to Our Residentsand VisitorsDover Police Chief Thomas Johnson reviewed the Community Announcementregarding actions and initiatives designed to increase the accountability of the DoverPolice Department to our residents and visitors.

Mr. Cole stated that they have been talking about transparency and building trust andasked who would determine the right training that is needed. Mr. Cole noted that thewas not sure if that is a budget issue as well. Mr. Taylor noted that Chief Johnsonwas only the new Chief of the Dover Police Department, but he has been a lawenforcement officer for decades. Responding to Mr. Cole, Chief Johnson stated hewas trying to work to identify the training that he believes is connected to the issuesthat are facing them right now in their policing profession. Chief Johnson statedhowever, he has a boss, a Council, and a community, that is hopefully going to help

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inform him in the selection and delivery of training. He stated he wanted to try andget to all of it and that he needs to do it in a cost effective, efficient manner, becausehe respects the fact that the budget piece of this is important. Chief Johnson notedthat if it turns out that he does not need all the money for the training budget and thisupcoming fiscal year to accomplish goals that he thinks everybody will be proud of,he is going to return the excess.

Responding to Mr. Sudler, Chief Johnson provided the following information:

• They have two separate standalone training mechanisms to help recognize andacknowledge prejudice thoughts or impulses. One is on implicit bias that isdelivered on a regular schedule and other is a bias-based policing training, whichis obviously a similar topic, but has different things that are more specific to thecraft of law enforcement.

• They have been having some discussions internally about trying to retain theprofessional services of perhaps, for lack of a better term, the departmentpsychologist. He needs someone that understands some of the issues that are inplay, but this psychology resource that he is trying to identify and see how itwould fit inside the organization could also be an aid in that process.

• Regarding training based on the Diversity Inclusion report, he has not had achance to read it all the way through. The report is going to be one of the thingsthat informs. He also asked a higher-ranking member of the regional NationalAssociation for the Advancement of Color People (NAACP) to be a part of thestrategic planning process this fall and into the winter.

Mr. Sudler stated he was initially concerned about no elected officials on theCommunity Advisory Board. He stated sometimes it is not easy for a grouped spiritfrom the community to interact with police relations. He offered that Chief Johnsonconsider having a Dover Human Relations Commissioner on that board to help fosteramicable communication and relations among the diverse community advisory.Mr. Sudler stated that it also allows Council to have their own update on how thingsare going, how things are being facilitated and the strengths human relations have areable to assist with in the dialogue. He asked Chief Johnson to consider the Chair ofthe Dover Human Relations Commission, or a designated person as a liaison betweenthat committee and City Council.

Responding to Mr. Sudler, Chief Johnson stated that he is open to just about anythingand clarified that he is trying to have a manageable number that can get this done. Hestated he is trying to have an advisory committee that is a great cross section and heis trying to consider age, gender, and cultural representation. Chief Johnson notedthat he needs to make sure the young people and seniors have a voice and a greatrepresentation of individuals of color. He stated that he did not want it to get so bigunless they find out after they get into it a little bit that they actually have a capacityto expand. Chief Johnson stated that if they all look around in the first meeting and

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CITY COUNCIL MEETING OF JULY 13, 2020 PAGE 12

they identify that there is a stakeholder group that is unrepresented, then they aregoing to have to go back, revisit, and try to fill that void. He noted that it is probablynot wise to move forward if there is an under represented piece of the Dovercommunity.

Mr. Slavin stated that when he hears about policies that are going to be put in placeor that are already in place, it is heartening to hear, however, it stops suddenlybecause they, as a public, never know when policies have been violated. He statedthey will never be able to get to that information unless they make kind offundamental changes about this. Mr. Slavin asked how do they increase thetransparency and how do they police themselves in the community. He noted that ifthey have policies that they implement, but never have any kind of reporting out,even an aggregate form of how effective those policies have been. Chief Johnsonagreed with Mr. Slavin.

Chief Johnson noted that he has had this conversation over the last couple of daysregarding how do they actually go about proving that they are doing some of thesethings without subjecting an employee to additional embarrassment over and abovetheir personal failure and the consequences that have come out of it. He stated thatthey have had some recent departures from the organization, but is trying to reconcilethe ability to be transparent and show that they have the capacity to either effectivelydiscipline or move on from an employee without doing something that goes againstdignity. Chief Johnson stated that it requires a process that perhaps they couldprobably look towards and that may be having some strict guidelines where ratherthan talking about individuals, they can talk about mechanisms of how the agencyfunctioned and leaving the item nameless and try and give some amount of privacyto the individuals that might be involved. He noted that until it crosses a line and thenthey have to take a different approach.

Chief Johnson stated that it is going to be one of his challenges going forward to tryand create that connectivity to a feedback loop so that Council can see outcomes ofthe policy and procedures being applied. He noted that some of that has to do withmaking sure that he is developing good leaders inside the organization at middlemanagement levels and junior executive levels and to make sure that they do andmake the kinds of decisions that Council was talking about and show that policy andprocedures are not just words on a page.

Mr. Polce noted that the Dover Police Department has refitted their uniforms andmade strategic investments in the vest that allows officers to carry less weight aroundtheir waist. He noted it also positions them well to integrate body-worn cameraswhen the time is appropriate. Responding to Mr. Polce, Chief Johnson stated that itabsolutely the goal with the some of the strategic decisions of wanting to prepare forthe future implementation of body cameras, but it is also a concern about officersafety and reduction of weight around their waist. Chief Johnson noted that it is anofficer wellness exercise and an exercise on better organizing the availableequipment to the officer. He also stated that it is also practical due to how much an

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CITY COUNCIL MEETING OF JULY 13, 2020 PAGE 13

officer's belt can tear up the inside of a police car which is City property. ChiefJohnson stated that the new uniform with the overlay system also cuts down onresponse time issues and allows officers more often the chance to cool down in thewarmer weather months.

Mr. Polce encouraged Chief Johnson to investigate Crisis Intervention Training(CIT), specific to individuals with chronic and persistent mental illnesses orindividuals who are in an active addition. He noted that he was sure many of theofficers have gone through CIT because it is kind of a staple with the State police andother municipal policing agencies. Mr. Polce also encouraged them to think aboutinclusion and to look at their communities, specifically their most vulnerablecommunities and how their officers are going to be met in the community, specificto individuals in active addiction. He stated that he did not think it is necessarily apolice officer's role to play social worker, and he was not asking their police officersto be social workers. He stated he was asking the Polce Department to takeinnovative steps. Mr. Polce noted that he was fortunate enough to lead a program,about a year and half ago, that would have allowed the Dover Police Department topilot an evidence-based program with an embedded social worker with their officers,at the time that program was turned away. Mr. Polce stated that he redirected themoney to Smyrna and stated they could talk to the Smyrna Police Department on howthe program has not only done very well for the other officers, but they have actuallyseen quite a great community response.

Responding to Mr. Polce, Chief Johnson stated that he was interested in followingthrough and investigating that possibility. He noted that he reached out to formerPolice Chief Marvin Mailey to understand his time with the Dover PoliceDepartment. He noted that he has to go and take that assessment up against thecurrent landscapes as it informs that decision.

Mr. Polce requested that when Chief Johnson chooses to go down that direction orhave a greater presence with a partnership with clinical behavioral health specialistsor social workers to let him know. He stated he would work tooth and nail to find theproper funding for them. He noted that he believes that it is critically important tomeet that community. Mr. Polce stated that not everyone had the same opportunitythat he did when he entered a life of recovery, so it is all about elevation andproviding opportunity for individuals.

Mr. Casey Jaywork, 14 South Bradford Street, echoed what Mr. Polce statedregarding an embedded social worker program as an alternative to police that coulddivert people who do not need to be arrested into more helpful services. He stated itcan also expand the bandwidth of the police by giving them less work that is notpolice work. Mr. Jaywork, regarding the advisory committee, stated he is a memberof the Camden 22, who were arrested a couple of weeks ago, marching. He askedChief Johnson if he would be willing to put one of the 22 people who were arrestedand potentially also a second person who was not arrested, but participated in therecent protest.

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CITY COUNCIL MEETING OF JULY 13, 2020 PAGE 14

Chief Johnson stated that he has had email resumes sent to him from the local healthsystem. He noted that he would have to make sure to cover all the stakeholdergroups, but that he is not afraid of having a tough critic sitting in the same meetingwith him. He stated that it probably would produce better outcomes when they havea fully vetted meeting process for anything that they might be considering. He statedhe is not opposed at all to considering somebody from the Camden 22 group, butnoted that he is not committing to anybody other than one right now, who washelping him figure this out and planning. He noted that she is from a group that couldcover a lot of stakeholder perspectives and has a doctorate, but that does notnecessarily mean that they have to have a doctorate to be functioning on this group.He stated he needs people from every walk of life and every socioeconomic statusand a reflection of all of Dover. He stated he could not give Mr. Jaywork a pointanswer yet, but that it is clearly a possibility. Chief Johnson clarified that he islooking for Dover citizens.

Mr. Anderson noted that there are a lot of people who are high functioning on theautism spectrum, but they react many times under stress quite differently than theywould normally expect. He noted that it seems that is subject that is rarely covered,that most of the time, people do not even have an hour of training to recognize signsand how to deal with it.

Responding to Mr. Anderson, Chief Johnson stated they have training regarding allbehavioral health challenges, the autism spectrum, people suffering from life trauma,PTSD, military veterans, and that subgroup of the populate that sometimes findthemselves in a bad way up to the point where special courts are designated toaddress their issues. Chief Johnson stated the issue of trauma and psychologicaltrauma that they are discovering crosses more population groups and winds its wayinto police training. He stated that things are identified, trauma-informed responses,people that might have developmental or intellectual disabilities across the entirespectrum, all are incorporated into update training. Chief Johnson stated that allthings are incorporated into the Academy curriculum and from time to time, whenthey find good, efficient, compact training by a subject matter expert, they will sendpeople to seminars to get the experience to bring back and share with their peers orbring them here.

Mr. Anderson stated it seems they have a robust system about citizen complains andbeing able to investigate those. He stated when they get reports, they do not seem tohave any clue of how many complaints are being filed, how many are valid, and whattype of complains they are. He noted that it is something that they need to understandwith customer service. Mr. Anderson requested an overview on a somewhat regularbasis or semiannual basis just in the regular report numbers and if complains wereresolved, pending, or unfounded. He stated he did not think it should just be appliedto the Police Department, but citywide.

Chief Johnson stated internally, they will take complaints from any source point andanonymous complaints. He noted they have to be able to investigate those complaints

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CITY COUNCIL MEETING OF JULY 13, 2020 PAGE 15

as far as they can take them based on the amount of information that they haveavailable to them and come up with a categorical illustration. Chief Johnson statedit should not be too hard to put a report together for Council on a schedule, that waythey have some eyesight into that.

Responding to Mr. Anderson, regarding body-worn cameras, Chief Johnson providedthe following information:

• He is turning into the State level conversations as often as possible and thoughtthe State level is the best level solution for, not only dollars and cents, which issix-figures. Dover will have to engaged to get them down to something moremanageable, particularly referring to video storage and perhaps share of costtalks regarding devises and other hardware issues.

• He understand that people have been waiting for a while, so if time has run outand they have got to go and do a solution on their own dollar, okay, but he willcontinue to report back on other movements and other areas, that way if Cityofficials feel that is the best way for a State level solution, which has a lot ofenergy behind it.

• There is potential for some grant funding that he is hearing now that might becoming available at the federal level, perhaps just a little bit of a pause to seehow much develops and how fast.

• If they, again, become dissatisfied, they will try and identify the bestcombination of effectiveness against the price and delivery of that service andthe acquisition of that technology and do it themselves.

Responding to Mr. Lindell, Chief Johnson stated he did have a similar committee inhis previous employment, that he is proposing in this plan. Chief Johnson stated thatthe superintendent had different mechanisms that he used, very active and veryvisible in the City. Chief Johnson stated the superintendent got many invitations tomany stakeholder groups and went on a regular recurring schedule. Chief Johnsonstated that he is trying to do it more formally just to make sure that it takes some ofthe element of randomness out of that connection to the community by having asitting committee with an agenda and topics that need to be vetted and discussed. Henoted that it was more of his own preference of making sure that in addition tomaking those visits to community organizations and accepting invitations as theycome in to the degree that he could accommodate, but he also would have a formalprocess of making sure that he is in touch with stakeholder groups.

Mr. Lindell asked how transparent will Chief Johnson's side of the aisle be withmembers of his committee, and how far does that transparency go. Mr. Lindell alsoasked, compared to laws in Pennsylvania, did Chief Johnson feel like he might belimited with transparency under Delaware law. Responding, Chief Johnson statedthat he might be able to answer that a little bit better once he finds out how far he

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CITY COUNCIL MEETING OF JULY 13, 2020 PAGE 16

dares to go without crossing a line. He stated that Pennsylvania is a Commonwealthand not structured the same way as most of the other States as far as what legalprinciples apply in what places, so it is not a 100% comparable. Chief Johnson statedin a general sense, he is going to say that every topic that he can bring to bare and geta community engagement on, it will be his inclination to do that, because it will bemore pieces of information.

Chief Johnson noted that even if someone does not agree with him or with theoutcome that they arrive at, at the basic minimum, if he was ever challenged as towhat topics he was willing to broach in an advisory committee meeting, thatdisagreeing member could at least say that they did not agree on it, but he did bringit up. He noted that if he can get that validation, hopefully that will feed into thehighest degree of transparency possible, a standard that he thinks Council is lookingfor.

Mr. Taylor stated that when he was hired in 1990, all officers were mandated to livein the City of Dover and were forced to be apart of the community. He stated theywere totally invested in Dover. Mr. Taylor asked if that was a future considerationto mandate officers upon hiring, to live in the City and invest in the community.Responding, Chief Johnson stated it is something that is desirable, but it became alegal issue in Pennsylvania where several court cases began to strike down residencyrequirements and became a rights issue. Chief Johnson stated he thought theyactually have an incentive program to a certain degree for Dover residency.

Chief Johnson stated that if they put a residency requirement in place, that willdissuade some individuals where they look at that they have to plant roots and thoseroots are nonnegotiable for at least 20 years. He noted that he did not know exactlyhow they reconcile that to try and get the best of both worlds, but he has seen legaland recruitment issues come into play with that, unless it was worked out a differentway with the bargaining unit.

Mr. Taylor stated that for years African Americans have felt disenfranchised,somebody even used the word, victimized, by the Dover police. He stated that aquestion came up tonight by a downtown merchant who had some dealings with thepolice a few years ago and managed to not only recover from it, but maintains a greatrelationship with the police. Mr. Taylor stated the person's comment was to "pleasetrain your officers to deescalate situations by speaking to black men, as it is a clearand obvious difference the way a white person are addressed versus the way blackpersons are addressed in the exact same situation."

Chief Johnson stated that culture is what they are talking about ultimately, which issomething that builds up over time and has to be built within. He noted that he hasa good group at 400 Queen Street, doing a hard job and making giant strides everyday. He noted that adaptability and transformation is at 21st century topic in policeexecutive leadership and trying to create an internal system of standards starts withattitude. He stated that not only is it something that is a leadership concept, through

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CITY COUNCIL MEETING OF JULY 13, 2020 PAGE 17

the investment that they put in them and become better leaders as they move up, andthen informal leaders of the organization. Chief Johnson stated that when peoplethink about their community, a lot of times, the first thought is the reflection of thepolice force in the community. He stated if they can start taking what is an alreadygood mix of individuals with a high professional drive and kick that into overdrive,he is hoping that those moments that Mr. Taylor described will continue to trenddown and they will start to not only get the look of what they are trying to get to andthat all citizens stakeholders are satisfied to the same degree.

Mr. Sudler asked if they have thought about using an on-site counselor orpsychologist to help them deal with the stress officers may encounter, whether it isstress with work or family. Mr. Sudler noted that he thought that counseling orsupervision to help them talk about what they are going through or what they areseeing may help them in how they serve the community. Responding Chief Johnsonstated that there is an employee assistance program package that is already a part ofthe resources available for the officer. He stated they need to seek out support forsomething that might not be recognized on the scanning for this type of thing. ChiefJohnson stated that in addition to that being a part of the supervisory mission of everyranking officer, they have a victim's advocate and in addition to her fighting toothand nail every day for the victims of crime in Dover and people that end up in tragiccircumstances, she is also cross trained in that issue. He stated that she scans for thetype of things that Mr. Sudler described. Chief Johnson stated if they need somethingand they did not like the other mechanisms, she would do something privately andconfidentially give them access to that. He noted that they are looking for apsychologic resource to help them with training and operations.

Mr. Anderson stated one of the things they get in life more of are the things that theypraise. He stated that he would love to see something on their site, easily searchable,of great stories that happened or quarterly or annual commendations. Mr. Andersonstated it helps moral a lot when people are not just praised internally, but when thepublic understands what work is being done by so many officers that is so praiseworthy. Chief Johnson stated that one of the forces he is working against is thatpeople that do this job are really not looking for the public praise or the pat on theback. He noted that they sometimes are embarrassed by it. He stated there is just anatural tendency to shy away from that kind of public praise, but whether they likeit or not he is going to find a mechanism to do just exactly what Mr. Anderson asked,probably after the summer.

Mr. Neil moved for adjournment of the Safety Advisory and TransportationCommittee meeting, seconded by Mr. Lindell and unanimously carried.

Meeting adjourned at 9:18 p.m.

Mr. Neil moved for adjournment of the Council Committee of the Wholemeeting. The motion was seconded by Mr. Cole and unanimously carried.

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CITY COUNCIL MEETING OF JULY 13, 2020 PAGE 18

Meeting adjourned at 9:18 p.m.

By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the WholeReport, seconded by Mr. Lindell and carried by a unanimous roll call vote.

MONTHLY REPORTS - MAY 2020By motion of Mr. Neil, seconded by Mr. Lindell, the following monthly reports were acceptedby consent agenda:

City Assessor's ReportCity Council’s Community Enhancement Fund ReportCity Manager's ReportCity Planner's ReportController/Treasurer's Budget ReportFire Chief's ReportPolice Chief's Report

CITY MANAGER SEARCHDuring the Regular Council meeting of June 22, 2020, the Human Resources Director was requestedto put together a timeline of what a thorough, conscientious search for a city manager would entail,including what tasks it would entail and what the roughed in time periods are for those tasks, so thatthey can create a calendar and then begin the process of populating each of those tasks.

Mrs. Kim Hawkins, Human Resources Director, advised members that she spoke with the referencesfor three of the executive recruiting firms: Colin Baenziger and Associates; GovHRusa; and TheMercer Group.

Staff recommended retaining The Mercer Group for the full recruitment for the City Manager.

Responding to Mr. Neil regarding the timeline, Mrs. Hawkins advised that Mr. Deutsch indicatedthat interviews would be conducted November 13th and 14th, noting that she thought Mr. Deutsch’stimeline was a little aggressive for the City.

Mr. Lindell, noting that The Mercer Group is local, asked if there were any potential conflicts ofinterest that might cross the City of Dover with this particular group. Mr. Taylor suggested thatMr. Deutsch could be asked about potential conflicts if he is retained.

Mr. Slavin stated that he was not as concerned about the timeline as he was about the thoroughnessof the search and the full vetting of a candidate. He suggested that they not create a self-made rushto fill a position by a certain date because it will limit the pool of candidates that they will be ableto choose from.

Mr. Neil moved for approval of Staff’s recommendation to retain The Mercer Group for thefull recruitment for the City Manager. The motion was seconded by Mr. Taylor andunanimously carried.

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CITY COUNCIL MEETING OF JULY 13, 2020 PAGE 19

APPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT HARE - DOWNTOWNDOVER PARTNERSHIP BOARD OF DIRECTORS - RALPH L. TAYLOR, JR. (TO FILLTHE UNEXPIRED TERM OF DAVID L. ANDERSON - TERM TO EXPIRE MAY 2021)By consent agenda, Mr. Neil moved for approval of the appointment of Ralph L. Taylor, Jr.to the Downtown Dover Partnership Board of Directors (to fill the unexpired term of David L.Anderson - term to expire may 2021), as recommended by Council President Hare. Themotion was seconded by Mr. Lindell and carried by a unanimous roll call vote.

2020/21 ANNUAL COMMITTEE APPOINTMENTS (DEFERRED DURING THE ANNUALMEETING OF MAY 11, 2020)By motion of Mr. Neil, seconded by Mr. Lindell, and carried by a unanimous roll call vote, thefollowing appointments were approved, as recommended by Mayor Christiansen.

Election BoardAt-Large: Juanita F. Walker (Three-year term to expire May 2023)Third District: James W. Brockton (Three-year term to expire May 2022)(Current termexpired 5/19)

Planning Commission - Three (3) Year Terms to Expire June 1, 2023Bobby Jones - At-Large (Reappointment)Holly L. Malone - First District (Appointment to fill the expired term ofDeborah L. Edwards)

CITY MANAGER'S ANNOUNCEMENTSNone.

COUNCIL MEMBERS' ANNOUNCEMENTSNone.

Mr. Neil moved for adjournment, seconded by Mr. Anderson and unanimously carried.

Meeting adjourned at 7:50 p.m.

TRACI A. McDOWELLCITY CLERK

All ordinances, resolutions, motions, and orders adopted by City Council during their RegularMeeting of July 13, 2020 are hereby approved.

ROBIN R. CHRISTIANSENMAYOR

/TMS:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2020\07-13-2020 REGULAR CITY COUNCIL MINUTES.wpd

Page 23: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

City of Dover Police Department

Annual Report

Complaints

Five Year Comparison

39,131

43,692

42,822 43,026

41,580

30,000

31,000

32,000

33,000

34,000

35,000

36,000

37,000

38,000

39,000

40,000

41,000

42,000

43,000

44,000

45,000

2015 2016 2017 2018 2019

Page 24: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

City of Dover Police Department

Annual Report

Total Group A Crime

Five Year Comparison

4,993 5,0414,698

4,902

6,299

3,0373,280

2,856 2,859

3,818

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

2015 2016 2017 2018 2019

TOTAL CLEARED• • 2

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City of Dover Police Department

Annual Report

Violent Crime

(Murder, Forcible Rape, Robbery, Aggravated Assault)

Five Year Comparison

278

319

265

346

409

193

216

193

260 261

0

50

100

150

200

250

300

350

400

450

2015 2016 2017 2018 2019RECEIVED CLEARED

9084

63 62

2316 17

74

0

20

40

60

80

100

2016 2017 2018 2019

Seized Firearms

INSIDE CITY LIMITS OUTSIDE CITY LIMITS

• •

• • 3

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City of Dover Police Department

Annual Report

Robberies

Five Year Comparison

50

65

46

5052

0

10

20

30

40

50

60

70

2015 2016 2017 2018 2019

4

Page 27: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

City of Dover Police Department

Annual Report

Burglaries

Five Year Comparison

81

110

57

66

90

0

20

40

60

80

100

120

2015 2016 2017 2018 2019

5

Page 28: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

City of Dover Police Department

Annual Report

Drug Charges

Five Year Comparison

710

791738 719

865

675

771718 699

847

0

100

200

300

400

500

600

700

800

900

1000

2015 2016 2017 2018 2019

TOTAL CLEARED• •

6

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City of Dover Police Department

Annual Report

Property Crime

(Burglary, Theft, Motor Vehicle Theft, Arson)

Five Year Comparison

1914 19201708

1937

3409

744 692 609 598

1307

0

500

1000

1500

2000

2500

3000

3500

4000

2015 2016 2017 2018 2019

TOTAL CLEARED• •

7

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City of Dover Police Department

Annual Report

Crime Clearance Comparison Chart

CITIES WITH POPULATION OF 25,000 TO 49,999 NATIONAL 2018 DOVER 2018 DOVER2019 CLEARED/TOTAL

VIOLENT CRIME (TOTAL) 50% 75% 64% 261/409

Murder 67% 100% 100% 4/4

Forcible Rape 32% 65% 45% 10/22

Robbery 35% 82% 75% 39/52

Aggravated Assault 58% 76% 64% 211/331

PROPERTY CRIME (TOTAL) 23% 31% 36% 848/2325

Burglary 15% 74% 74% 67/90

Theft 25% 32% 35% 758/2137

Motor Vehicle Theft 16% 18% 22% 20/89

Arson 26% 100% 56% 5/9

FORCIBLE RAPE Rape by Force * 67% 46% 6/13

Assault to Rape * 100% 0% 0/2

ROBBERY Firearm * 78% 63% 17/27

Knife * 67% 71 % 5/7

Other Dangerous Weapon * 100% 100% 4/4

Strong-arm * 82% 93% 13/14

AGGRAVATED ASSAULT Firearm * 62% 46% 78/168

Knife * 85% 71 % 29/41

Other Dangerous Weapon * 88% 88% 83/94

Hands, Feet, Other * 74% 75% 21/28

BURGLARY Forcible Entry * 73% 80% 47/59

Unlawful Entry, No Force * 82% 63% 19/30

Attempted Forcible Entry * 50% 100% 1/1

MOTOR VEHICLE THEFT Autos * 20% 24% 19/80

Trucks and Buses * 25% 0% 0/1

Other Vehicles * 8% 13% 1/8

ARSON Structural * 100% 43% 3/7

Mobile * 100% N/A N/A Other * 100% 100% 2/2

*FBI ceased tracking these areas by population comparison in 201 7 NATIONAL FIGURES NOT AVAILABLE FOR 2019

Page 31: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

1,879

1,946

1,817

1,856

2,014

1,700

1,750

1,800

1,850

1,900

1,950

2,000

2,050

2015 2016 2017 2018 2019

City of Dover Police Department

Annual Report

Crashes

Five Year Comparison

9

Page 32: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

City of Dover Police Department

Annual Report

Traffic Arrests

Five Year Comparison

13,878

16,890

11,761

9,281 9,384

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

18,000

2015 2016 2017 2018 201910

Page 33: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

City of Dover Police Department

Annual Report

Grant Funding Summary

The following funds from grants and other sources were received during the 2019 calendar year

Agency Donations from Local Individuals, Businesses and Agencies December 2019 Holiday Heroes Program

State Attorney General's Office Criminal Justice Council (CJC) Grants State Law Enforcement Assistance Fund (SLEAF) Grants DE Police Chiefs' Council (DPCC) SLEAF Grant for Annual Training Seminar

State Department of Safety and Homeland Security Emergency Illegal Drug Enforcement (EIDE) Grants Office of Highway Safety Events and Equipment State Aid to Local Law Enforcement (SALLE) Grants Violent Crimes Fund Grant

US Department of Justice Edward G. Byrne Memorial, Justice Assistance Grant (JAG) administered for the Dover and Symrna Police Departments

US Treasury Federal Forfeiture Case Disbursements

Total

Amount

$2,200.00

$17,850.00 72,124.08 15,000.00

11 ,974.50 19,395.15 20,376.90

147,749.35

$61,856.00

$80,895.34

$471 ,189. 73

11

Page 34: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

PROMOTIONSEach year the Officers of the Dover Police Department take part in a highly competitive

promotion process, the following Officers were promoted during 2019:

SERGEANT

Derek Lawson

Jordan Miller

James Stubbs

MASTER CORPORAL

Robert Barrett

Caleb Rich

Justin Richey

Ian Thompson

CORPORAL

Brian Berns

Matthew Krogh

Nathaniel Warren

PATROLMAN FIRST CLASS

Lee Killen

Tyler Loomis

Timothy Mullaney, Jr.

Thomas Rivera

Logan Spicer

12

Page 35: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

Awards CeremoniesThe Dover Police Department held two Award

Ceremonies in 2019. Officers and Civilians earned

the following awards:

1 Police Chief’s

2 Valor

11 Life Saving

52 Distinguished Unit Commendations

3 Exceptional Performance

34 Perfect Attendance

29 Safe Driving

16 Service Achievement

4 DUI

4 Officer of the Quarter

4 Civilian of the Quarter

1 Officer of the Year

1 Civilian of the Year

1 Distinguished Citizen

13

Page 36: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

Patrolman David Spence, Patrolman James Bush &

Patrolwoman Siobhan Burton

Patrolman Strovenscolv Larochelle, Patrolwoman Kaitlyn Slater,Patrolman Steven Vieira & Patrolman Brandon Clancy,

ew worn Officer 2019

14

Page 37: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

Ms. Diane Glenn serves as the Department’s Victim Services Coordinator and provides

crime victims with professional assistance and support. Each crime victim and their

family are provided with a supportive environment to assist them through some very

difficult times and decisions in their lives. Our goal is to help lessen the trauma suffered

and provide support throughout the criminal justice process. Services provided to crime

victims and their families vary in each case depending upon the needs of the individual.

Services include: death notifications, crisis intervention, referrals to community based

services, criminal justice updates, court accompaniments, assistance with filing for

violent crime compensation through the state, as well as a host of other services as

needed in each particular case. The Dover Police Department is committed to the fair,

compassionate, and dignified treatment of all crime victims. We continue to strive to

improve and enhance all services related to helping victims and survivors through such

traumatic events.

Below is a statistical breakdown for services provided in 2019:

Victim Services Unit

2 734 50 41 32

11 8

139

4689

8

88

0

50

100

150

Age/Gender/Ethnicity

142

436

92

66

79

23

33

185

66

251

0 100 200 300 400 500

Telephone Contacts

Criminal Justice Info

Social Service Referrels

Personal Contact

Crisis Intervention

Victims Compensation Claim

Call Outs

New Victims Served

Existing Victims Served

Total Victims Served

Client Services

• • • • I • I I ~ 0.) 0.) 9) ,&> ~<-,0.) ~<oO) ~x ~e, ~e, <J:- 0 -~e,

(::{~ "-: 1'y ~'-.;, ~"5 ~ '\ f$-"i> ~"i> ~"ii ~<_::; ~~ "), 'V '? ~ (5 <o «.(l; ""i>

--15

Page 38: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

2019 OFFICER RETIREMENTS

Chief Marvin C. Mailey, Jr.

25 Years of Service

Sergeant Matthew Knight

20 Years of ServiceSergeant Gregory Hopkins

24 Years of Service

Corporal Jason Pfeiffer

14 Years of Service

16

Page 39: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

DOVER POLICE DEPARTMENT

2020 Executive Staff

Page 40: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

Randy Robbins Captain of Operations

Responsibilities include:

■ Uniform Patrol Officers

■ Criminal Investigators

– Major Case Detectives

– Drugs/Vice/Organized Crime

– Street Crimes w/LEO Partners

■ Special Enforcement/Services

– Motorcycles

– Community Policing

– Police Cadets

– Parking

– Animal Welfare

– School Resource Officers

Page 41: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

Goals: Operations Division1) Timely and Professional response to Calls for Service

2) Increase the Visible Presence of Police Protection in Neighborhoods

3) Renewed Focus on Community Policing Strategies

To Reduce Crime

To Improve the Quality of Life

To Expand Relationships

To Promote Dover as a Destination

4) Reduce Traffic and Pedestrian Accidents

Through Education

Through Enforcement

5) Reduce incidents of Robbery, Burglary and Assault

Through proactive behaviors

Maintain Clearance Rates above the National Average

Page 42: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

Chris Hermance Captain of

Administration

Responsibilities include:

■ 911 Dispatch Center

■ Police Records

– Criminal and Traffic

– Emergency Communications

– Freedom of Information

■ Information/Digital/Electronic Technology

■ Victim Services

■ Police Budget

■ Supply and Logistics

■ Maintenance & Repair

– Facility

– Equipment

Page 43: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

Goals: Administrative Division1) Finalize Implementation of new Dispatch Software

2) Upgrade records systems to improve collections and revenue

3) Information Technology

Acquisition and improvement to camera systems

Migration to a new digital evidence management system

Enhance data storage capacity and management

4) To continue to provide information, resources and referrals based on

victim/survivor needs

5) Modernize fiscal responsibility via technology

6) Sustainability for the current pandemic and preparation for the future

Page 44: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

Kevin Kober Captain of

Professional Standards

Responsibilities include:

■ Accreditation

– National (CALEA)

– State of Delaware

■ Crime Analysis

■ Planning

– Organizational

– Strategic

■ Training

■ Policy/Procedure Manual

■ Internal Affairs

– Civilian Complaints

– Supervisory Referrals

Page 45: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

Goals: Professional Standards Division

1) Prepare for successful defense of pending re-accreditation

2) Expand use of data/evidence/intelligence to inform decisions

3) Meet recruitment/retention challenges

To be ready for high volume onboarding

To Improve the Diversity of the Agency

4) Meet recurring and special Training challenges

Mandatory hours related to police credentials

Expanded hours related to Use of Force/Citizen Safety

5) Complete review/update of Policy Manual

6) Deploy new Internal Affairs software package

Expanded Data Collection

Improved Transparency

Page 46: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

Unit Commanders

Lieutenant Aaron Dickinson

Investigations

Lieutenant Jordan Miller

Patrol

Page 47: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

Unit Commanders

Lieutenant Robert Roswell

Internal Affairs

Lieutenant Paul Kuntzi

Special Enforcement

Page 48: Regular City Council Meeting Agenda...Mr. Tolbert was elected Vice-Chairman of the Planning Commission in April 2012 and was subsequently elected Chairman in July 2015, a position

COUNCIL COMMITTEE OF THE WHOLE

The Council Committee of the Whole was held by video conference on July 14, 2020 at 6:00 p.m., withCouncil President Hare presiding. Council members present via video or telephone were Mr. Anderson,Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Taylor, and Mr. Lindell. Mr. Cole was absent. Civilian memberspresent via video or telephone for their Committee meetings were Mr. Contant and Mr. Shevock(Legislative, Finance, and Administration), Ms. Maucher (Utility), and Col. Dix, Ret., and Mr. Caldwell(Parks, Recreation, and Community Enhancement Committee).

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE

The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding.

ADOPTION OF AGENDAMr. Neil moved for approval of the agenda, seconded by Mr. Sudler and unanimously carried.

Proposed Ordinance - Staff Substitute #2 (SS#2) for Ordinance #2020-05 - Amending Chapter 22 -Buildings and Building Regulations, Art IX - Lodginghouses and Art X - Rental Dwellings, AppendixF - Fees and Fines, and Article 12 - DefinitionsMr. Dave Hugg, Director of Planning and Community Development, reviewed Staff Substitute #2 (SS#2)for Ordinance #2020-05. During the Committee of the Whole meeting of February 25, 2020 this item wasreferred to staff. Staff recommended adoption of Staff Substitute #2 (SS#2) for Ordinance #2020-05. Mr. Neil, regarding Section 22-355, suggested adding “or other fines and penalties,” which are going to bedefined in 358. He noted he would add that because all they are saying is they are going to revoke thelicense, but the owner will be subject to fines and penalties, particularly if somebody is culpable or isassisting in illegal activity. Responding to Mr. Neil, Mr. Hare stated that if he is living in a house, he isprobably going to make sure that the illegal activity is not happening since he is living there. Mr. Hare statedone of the top things is that they have to be the resident of the property. He noted that if somebody iscommitting an illegal crime on their property, they are probably going to step up and say something or if thatperson is going to be involved in it, then the police are going to get involved regardless of what theordinance says. Mr. Neil stated that it is a little protection for the City at this point. Responding, Mr. Hugg stated he had noproblem if they wanted to expand that language. Mr. Hugg noted that the provision about not knowinglyallowing any illegal or criminal activities, is straight out of the concepts of nuisance law so it really makesit apparent to the owner that if they have no other grounds for taking legal action, they can invoke theconcept of nuisance. Mr. Hugg stated they also have a provision later in the ordinance that has a “threestrikes and you are out” rule, which essentially gives them one more protection from somebody who simplyis just not being a good owner for whatever reasons and it is also founded in the notion of nuisance. Hestated that any property cited three times as a nuisance or the location of illegal or criminal activity withina 12-month period loses its short-term rental license for at least the rest of the year.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 14, 2020 PAGE 2

Responding to Mr. Anderson, Mr. Hugg stated that a single-family zone was included, but a multi-familywas not was because those kinds of uses are traditionally in this area of the country, in single-family orduplex residences. He stated that they decided, early on, that since they are regulating this as a land use, thatthey would limit it to zoning districts where single-family ownership is the predominant activity. Mr. Huggstated in some of his research, he determined that a lot of jurisdictions did not permit it in apartment districtsin part because of the question of subletting and who was responsible. He noted that it was really just apolicy decision that single-family zoning districts are where they find the majority of property owners. Henoted that they felt it was a more manageable ordinance if they were limited to single-family. Mr. Hare notedthat it was not apartment districts and it is like an apartment complex. He noted that they are alreadysubletting their apartment, they would not be eligible to sublet a room in their apartment as Airbnb becausethey are not the primary owner of that apartment. Mr. Slavin stated that there is also a trend now that some of these Airbnb houses have self-corrected withCOVID and that they are not being used, but that he thought it is just going to be the opposite. He stated hethought they are going to be used more because they are going to fly under the radar of some of thoserestrictions. Mr. Slavin stated in Section 22-355A, regarding that the person who is creating the Airbnb hasto be a permanent legal resident of the City of Dover. He stated he was not sure what that means and wasnot sure what kind of legal standing they have from a constitutional point of view to require that. He askedwhat the thinking was behind that phrase and why they are limiting it just to residents. Mr. Slavin also askedif they do that for any other businesses in Dover. Responding to Mr. Slavin, Mr. Hare stated they did speak to Mr. Nicholas Rodriguez, City Solicitor, andthat it is saying the person who is going to have an Airbnb needs to be the legal resident of that property.Mr. Hare stated that they have to live there, he guessed that means they are a legal resident of the City ofDover. Mr. Slavin stated that Section B did not say that, he stated it said no more than one property inaddition to the owner’s primary place of residence. Responding, Mr. Hare stated that they have to be aresident of the City of Dover and they can have one other property that they can rent out as an Airbnb andbe the legal owner of the property they are running. Mr. Slavin stated he pushed back gently on the permanent legal resident as a phrase. He stated that kind ofhit at a citizenship issue, which a permanent legal resident is a citizenship status in the United States. Hestated he did not think that is what they intended and if they do not, he would not go near that. Responding to Mr. Slavin, Mr. Hugg stated off the top of his head he could not think of any other businessesthat they license that require people to be residents of the City of Dover. Mr. Hugg noted that he had notthought of that. Mr. Hare suggested that they change it to where the person has to be the resident of theproperty. Mr. Slavin noted then they would have to strike Section B in its entirety. Mr. Hugg stated he woulddiscuss that language with Mr. Rodriguez. Mr. Slavin expressed his concerns that they are creating a precedent with this and asked if they are sendinga wrong signal to the business community that are being more restrictive about businesses. He noted thatin Section 22-356A, where they have a formula for the number of guests, it shall not exceed twice thenumber of bedrooms, maximum of eight occupants at any time. He stated it kind of reminded him of theissue of Oxford Houses that they have in the City. When an Oxford House opens in a community, hepersonally supports the Oxford House model, but when they open in a community there is typically aconcern about the number of residents they will have. He stated they bumped into this issue as it relates to

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 14, 2020 PAGE 3

fair housing. Mr. Slavin stated that he would just want to make sure that whatever they are prescribing heremeets that test that they have faced in other places as well. Mr. Slavin asked Mr. Hugg to research this topic.Mr. Hugg stated he found the calculation for occupancy in a lot of other ordinances in varying forms, butthey will take a look at that as well. Responding to Mr. Slavin, Mr. Hare stated that they spoke with five people who owned and operated anAirbnb and they were all residents of Dover. Mr. Hugg noted that they all had been in business for someperiod of time. Mr. Hare also stated they were residential. Mr. Slavin stated he did not want to discredit their input and appreciated it, but if he were an owner of oneof these businesses and lived in the City of Dover, of course he would recommend that no one but peoplewho live in the City of Dover can run this business. Mr. Slavin requested a little balancing on that issue. Responding to Mr. Slavin, Mr. Hugg stated he briefly spoke with Ms. Judy Diogo, Central DelawareChamber of Commerce (CDCC) President, and that she was most concerned in the previous version withthe idea of the lodging tax. That upset her more than anything else because the law does not actually applyto B&Bs or Airbnb’s, so they took that out. He stated he sent her an earlier version, but has not heard muchback from her. Mr. Hugg stated he is certainly willing to reach back out again. Mr. Hare stated he spoke withMr. Tom Kramedas, President of Axia Management, and that he had no problem. He noted the people Mr. Kramedas is representing said that they understand Airbnb’s and the work that Mr. Hugg has done isokay, because the person is a resident or the legal owner of the property and lives in the City. Mr. Hare statedthat their only concern is the fact that there are some people that come into the City, buy a four or fivebedroom house, and then turn it into a hotel and do not have to meet any of the hotel requirements. Mr. Slavin stated he would recommend that if it is coming to City Council in two weeks, in the interveningtwo weeks, a copy of it and an invitation for comment be sent to both the CDCC and to Kent CountyTourism so they can obtain their comments and make sure that they have been included in that process.Mr. Sudler also recommended that the State Human Relations Division have an opportunity to review thisas additional eyes. Mr. Neil stated that they are talking about having people who care about the City be the owners, as opposedto an outfit that comes and takes the money out of it. He noted they could be an international conglomerateand that profit never comes back to the City. He expressed that his concern is to make sure that they havepeople who are responsible and have an interest in the success of the City. Mr. Neil stated, regardingMr. Slavin’s concern for the occupancy, there are safety issues because he does not know what therequirements are in terms of a fire or egress that has to be or sprinklers that would happen during anemergency. He noted they have to weigh the safety of the people who are using the facility. Mr. Lindell stated he did not feel comfortable sending the ordinance to Council even with the reread processand prefers to refer it back to Staff. He noted that then they can reach out to all the interested parties to gettheir input as well the Council members and add their thoughts and opinions. Mr. Lindell noted that it willbe easier if and when it does pass that they have a cleaner resolution and people understand where they arecoming from when it gets to the Council floor.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 14, 2020 PAGE 4

Mr. Hare encouraged Council to let Mr. Hugg know what they would recommend. He stated it will becomplaint driven by the neighborhood and not something that they are going to be out looking for issueswith.

Mr. Contant stated that he believed more so in property rights as long as people are safe. He noted ifsomeone is willing to buy a property, they should be allowed to do mostly what they want to do with it,provided it is not criminal in nature. Mr. Contant stated that in the Village of Westover, they have almost100 townhomes and they have got another 60 to 70 duplexes that he did not think fell under single-familyhomes, but they are also not apartment complexes. He stated according to the Staff substitute, it is notapplying to them, but he thought they would be setting up an unfair unequal advantage for certain residencesover other ones and that they need to be careful in doing that. Mr. Hugg clarified that townhouses, duplexes, and traditional single-family homes are all single-familyhomes, even if they are attached. They are a different form of property than an apartment complex building,it is built as a multi-family structure. He stated there is a distinction in zoning that recognizes that there arevariations in single-family residences. Responding to Mr. Contant, Mr. Hugg stated that he believed thesame zoning applies to condos. Mr. Hare stated that they talked to Mr. Rodriguez about this and as long asit is a single-family residence and they own it, they can do an Airbnb if they want. Mr. Neil moved to recommend referring Staff Substitute #2 (SS#2) for Ordinance #2020-05 back to Staff,seconded by Mr. Sudler. Mr. Anderson stated that he would like to see if Staff can get a fair housing opinion. He stated that he didnot see where that will be a problem because they are not talking about somebody living there, but they aretalking about safety issues and occupancy.

Mr. Neil moved to recommend referring Staff Substitute #2 (SS#2) for Ordinance #2020-05 back toStaff. The motion was seconded by Mr. Sudler 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 6:41 p.m.

UTILITY COMMITTEE

The Utility Committee met with Council President Hare presiding in the absence of Chairman Cole.

ADOPTION OF AGENDAMr. Neil moved for approval of the agenda, seconded by Mr. Anderson and unanimously carried.

Water Production Division Proposed Operational ChangesMr. Jason Lyon, Water and Wastewater Director, reviewed the background and analysis regarding the WaterProduction Division proposed operational changes.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 14, 2020 PAGE 5

Staff recommended beginning this operational plan to assist with the ground water resource for allstakeholders. This would be put into action after the completion of the Water Treatment Plant ProcessImprovement Project. Mr. Anderson asked if they were coordinating efforts with other users, particularly of the two deep wateraquifers and if there is a coordination with other municipalities. Mr. Lyon stated he had not been informedby Delaware Department of Natural Resources and Environmental Control (DNREC) if they were actuallyputting a plan into place, and they have been informed about the issues. Mr. Lyon stated he has been atconsortium meetings with different stakeholders throughout the area, DNREC and the Delaware River BasinCommission (DRBC). He stated he could reach out to DNREC and see if they have heard from othermunicipalities or users of this resource. Mr. Anderson stated he was in favor of this recommendation, but noted that they are such a small user ofthis aquifer. He noted that he hoped they were taking the lead and not merely going through a motion thatis not out of their control. He asked Mr. Lyon to relay their concerns that there needs to be other coordinationas well, while they have their cooperation, they need others.

Mr. Anderson moved to recommend beginning this operational plan to assist with the ground waterresource for all stakeholders. This would be put into action after the completion of the WaterTreatment Plant Process Improvement Project, as recommended by Staff. The motion was secondedby Mr. Neil and unanimously carried.

Update on Development of Provisions and Ordinance for Wireless Communication FacilitiesMr. Matt Harline, Assistant City Manager, Mr. Dave Hugg, Director of Planning and CommunityDevelopment, and Mrs. Dawn Melson-Williams, Principal Planner, reviewed a presentation titled, "WirelessCommunications Facilities - Update on Development Provisions and Ordinances," (Attachment #1).

Staff recommended discussion only at this time of preliminary documents, unless the Committee developsspecific recommendations during discussion.

Mr. Harline stated they are going to continue to refine agreements and licensing with pole attaching onCity-owned poles and access to City right-of-way. He noted the information on page 34 of the packet hasthe final things that they will need to review before the proposed ordinances comes back to the CouncilCommittee of the Whole, which right now they have set for August 11th. He noted that since there is noCouncil meeting on August 24th, they may have to adjust that timeline a little bit, but the idea would bepossibly to have it finalized by September 27th. Mr. Harline stated that they should have proposed masterlicense agreements with Verizon and AT&T before the City Council.

Mr. Neil asked if the new lighting system for the City could be used for this purpose and if it was an extracost to do that. Responding, Mr. Harline stated that the lighting system that they are working on, thatoriginally came out of the survey by Citelum, can have wireless technology to adjust lighting. Mr. Harlinestated that for other purposes, these facilities would be either in addition to or on separate poles. He notedthat there are some applications where 5G and 4G technology, when in the City, will assist with themanagement of that lighting system. They would need to do this ordinance and design whether or not theyare getting a smart street lighting program. Mr. Harline stated this could assist a smart street lightingprogram, but it is possible to do that without so they are independent, but they do work together.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 14, 2020 PAGE 6

Responding to Mr. Neil, Mr. Harline stated, regarding the master licenses, others could come in and applyand have a master license with them. Mr. Harline stated he would expect at least T-Mobile, Sprint, to comein at some point and other major organizations that are deploying at 4G, 5G wireless network capacity. Henoted that these have to be every several hundred feet to get a network, a mesh, and part of the effectiveprohibition is preventing them from developing that mesh.

Responding to Mr. Anderson, regarding the small wireless provisions review, Mrs. Melson-Williams statedthat it is written as 10 days, and believed it is probably calendar days. She stated they can confirm that oneway or the other.

Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee meeting,seconded by Mr. Anderson and unanimously carried.

Meeting adjourned at 7:29 p.m.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE

The Parks, Recreation, and Community Enhancement Committee met with Chairman Anderson presiding.

Adoption of AgendaDue to the absence of Mr. Bobby Wilson, Mr. Anderson requested that item #4 – Mr. Bobby Wilson andWilmington Hope Commission be moved to the next Parks, Recreation, and Community EnhancementCommittee meeting.

Mr. Neil moved for adoption of the agenda, as amended, seconded by Mr. Hare and unanimouslycarried.

Review of Active Recreation Area Plans (Request for Cash-in-Lieu) - Landing Square Apartments- 600 Bay Road (Planning Reference #C-20-02)Mrs. Dawn Melson-Williams, Principal Planner, reviewed the active reaction area plans (request forcash-in-lieu) at landing square apartments – 600 Bay Road (Planning Reference #C-20-02). Staff recommended approval of the active recreation area plan with the comments and conditions providedand acceptance of the $98,387.52 cash-in-lieu of recreation area construction donation, as the amountcomplies with the requirements of the Zoning Ordinance. Col. Dix stated that he did not find grass on the entire layout and it gives him the appearance of a New YorkCity apartment layout. He noted that he did not know where a person exercises a dog in that type ofenvironment or for human exercise. He stated that every tree that is on the plan is used to screen theapartment complex from two restaurants and Verizon store and that there are no trees for beautification orshade in the layout. Col. Dix questioned the bike parking. He stated that is a place where bike parking isdesignated, and it is not going to withstand that neighborhood. Mr. Johnathan Street, Becker Morgan, stated that the State Police administrative offices are going in thebuilding which is under construction. He noted that the plan and application provided is essentially thedeveloper’s proposal for phase two. Mr. Street stated that they have stripped the retail out of the plan and

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proposed an additional 20,000 square foot office space and the 80-unit apartment complex. He noted thatactive rec with the initial application was pretty generalized as an internal clubhouse and the rooftop offourth-floor deck. Mr. Street stated that in the DAC and Planning Commission comments, it was requested that they give somekind of a further explanation of what is proposed. He stated that what the developer is proposing for thebuilding itself is akin to a multimedia clubhouse room, coffee bar, game room with shuffleboard or othergames and activities for the residents themselves, a library with computer access, and a fitness center withafter hour’s access. Then, the fourth floor sundeck would obviously be for the residents too, which wouldbe facing the western side of the building or the internal side of the complex itself and would lend itself tochairs, lounge activity and larger games, for the residents to do outside up on the fourth floor. Mr. Streetstated as far as staff's recommendations and comments with the report that was provided to them, they donot have many comments. They do not disagree and will work on connectivity. He stated a lot of the issuesthey fight with the site right now is based on the amount of trees and plantings that are proposed andrequired by City code and working within that to propose better connections to the Bay Road Trail System. Mr. Street stated one of the questions they had was that the comment on the report says to provide indoorparking storage. He stated right now, they are looking at a number of what is required by code, which isexternal bike storage, but also covered bike storage to try and propose. Mr. Street noted that when lookinginto those options, they can discuss the indoor bike storage, but providing separate rooms and separateclosets for indoor bike storage was not something that they were proposing as of right now. He stated thatthis is going off of the developer themselves, who is listening to, not just their current residents from otherfacilities, but their history with building and running these types of environments. Other than that, he is surethey will develop additional open space and non-paved areas as this plan gets further developed. Responding to Mr. Neil, Mr. Anderson stated the issue tonight is the recreation plan and the PlanningCommission deals with the rest, that includes whether or not the Committee accepts the cash-in-lieu or refersit back to Staff with instructions on developing another alternative. Mr. Caldwell expressed his concerns that they not go overboard with recreational activities, because theycan have so much going on and more activity than they really want to have out there. He noted that they havethe public starting to live in these facilities, it could be a little more than they want to deal with for the City. Mr. Anderson asked which other developments of this type had the developer done in the area in Delawareand what prompted the sudden change over to making it an apartment. Responding, Mr. Street stated thisis more driven by the end user and the end tenant, at least for the 20,000 square foot building. He noted thatit started about three years ago. They had a plan in place then and as they have switched tenants and gottennew tenants, the plan has kind of tweaked and changed as they get new tenants and are signing long-termleases.

Mr. Bill Krapf, Capano Management Inc., stated they originally had a larger grocer that they were workingwith and that fell through, then they developed a relationship with the State Police. He noted they got themand they have another State agency going in there and they thought this would lend itself to a mixed usedevelopment. Mr. Krapf stated they are the developer and manager of over 5,000 residential units throughabout 20 different communities, most of them are in the State of Delaware, most are in New Castle County,a few in Sussex County and two communities in Florida. He noted they are developing a community in

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Camden, Delaware right now.

Mr. Anderson asked when it comes to communities designed like this, with very little natural recreation thatis mainly in a commercial office area, have they had any feedback with this similar design, but with theinternal recreation as this community has. Mr. Krapf stated as far as communities that they have developedlike this, no. He stated they do have a community of one building, 68 units, on the Christina River inWilmington, it is in a commercial district and has an internal community space that is very similar to whatthey are proposing here. He noted that they are full and have a waiting list.

Col. Dix noted that this would be the first apartment complex in the Dover area that has no grass. Mr. Streetstated that there is grass proposed for the project. There are a lot of trees planted on the project as well, butthere is grass. Mr. Street stated everything surrounding the building itself, with the exception of thesidewalks and the access to the building itself, is grass. Mr. Neil moved to recommend approval of the active recreation area plan with the comments andconditions provided and acceptance of the $98,387.52 cash-in-lieu of recreation area constructiondonation, as the amount complies with the requirements of the Zoning Ordinance, as recommendedby Staff. The motion was seconded by Mr. Caldwell and unanimously carried.

Consideration of Request to Delaware Congressional Delegation Regarding Disposition of WetlandPond Adjacent to Pat Lynn Drive at the Site of the Proposed New Middle SchoolsMr. Sudler reviewed the background information regarding the consideration of the request to DelawareCongressional Delegation regarding the disposition of the wetland pond adjacent to Pat Lynn Drive at thesite of the proposed new middle schools. Mr. Sudler stated their constituents in the Fourth District at Woodcrest have asked them to put somethingtogether as a last effort to get approval to get that area back-filled in. Due to recent discussion with theCapitol School board members, some of the constituents, and Mr. Dave Hugg, Director of Planning andCommunity Development, they have come up with a formal draft letter to send to the United States seniorand junior Senators and the At-Large Congressperson. Mr. Sudler stated he welcomed feedback andadditional information, if needed, to be added to the letter. He stated they plan on sending the letter by theend of the month, if approved and has met the satisfaction of City Council and the Capitol School District,they are anticipating their approval because they have told them in previous meetings that they are inagreement with back-filling the area, the only holdup is federal approval. Mr. Sudler stated that it appears the Army Corps of Engineers has jurisdiction over that area. Mr. Sudlerstated that if they cannot gain approval or if it is not within federal jurisdiction, then at least they can get aletter of support from the U.S. Representatives stating they are in agreement to file for City records. Hestated they are just trying to do due diligence and to make sure that there is a consensus among all partiesto move forward and bring some relief to their constituents as soon as possible Mr. Anderson stated they have been working on it for a few years now and hopes they are finally getting toa place of resolution. He noted that they are moving forward with this in cooperation with the school board.He stated they have a situation where there is an artificially created wetland which they believe has adeficiency and is creating safety problems, including sinkholes, property damage and creating safety hazards,expenses, and trees are starting to fall in.

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Mr. Anderson stated he was able to bring that to the attention of staffers in the United States SenateEnvironmental and Public Works Committee. He noted that the Army Corps of Engineers claimed that theyhad never heard the safety concerns before and asked that the letter highlighting the safety concerns, inparticular, be sent back. He stated they have a good chance of one of two things. Number one will bemitigation and it is almost certain, because of these concerns, it will be allowed to move this wetland.Mr. Anderson stated if that application is put in place and another site is the design, because this one wasdone to move another wetland from another area and they moved it here, it should have been moved to theback of the property, but it was not. Mr. Anderson stated there is also the possibility, which is less of apossibility that they may allow it to be filled in. He is currently having a review of it. He stated that theapplication will have to be put in by the owner of the property, which is the school district either way, butthe support of the City will be an outlining. Mr. Anderson stated that this is their opinion of what should happen, so therefore, whether it is mitigatedor filled in will be somebody else's distinction, it does not hurt them to make the best case that they can. Mr. Gregory Moore, Becker Morgan representing Capital School District, stated they are doing the designof their new school and the wetland has been a big issue in the process. He stated that this is a federallyprotected wetland and Becker Morgan, along with the previous superintendent, had Mr. Michael Yost,U.S. Army Corps of Engineers, out to walk the site and they discussed whether it was a wetland. Mr. Moorestated that Mr. Yost informed them that it was, then they had it evaluated by a wetland specialist who alsostated that it is a protected wetland that meets the criteria of the Corps. Mr. Moore stated they had a meeting in Dover with Mr. Yost and the district and were told, in no uncertainterms, that they would not get a permit to fill the wetland because of its protection. Mr. Moore stated becauseof the plans they had on the site, Capital School District owns the property, but has no use for this area. Hestated their buildings, parking, and fields are located in the back of the property, closer to where the oldDover High School was. He noted that they are removing all of the parking that is along the back of theneighbors in this area because they do not need the parking like Dover High School needed. He stated thatthe piece of property becomes unusable to them, even though they own it. Mr. Moore stated they do not take exception to this pond being filled. He noted they appreciate theneighbor’s complaints and concerns and have met with them many times. He stated that the problem is thatit cannot be filled without the Corps’ approval. He stated they have in writing, a letter that was presentedto them that they provided the Planning Commission and the City that says with the plan that they have, itcannot be permitted. Mr. Moore stated they believe that unless the Federal Delegation intervenes and givesthe approval to fill it, it is a waste of the Capital School District’s money to make an application to thePhiladelphia district. Mr. Moore stated that at Becker Morgan, they want to be a good steward of the schooldistricts’ money. Mr. Moore stated they support City Council making a notice on a letter to the Federal Delegation to see ifthey can do anything. He noted that the wetland was created in the early 2000s and there is nothing that isa part of the wetland system or any of the pipes that the school district uses at all. It drains Pat Lynn Driveand a portion of Walker Road as well as other portions of the City. He noted that it is really a communitydrainage system that drains another portion of the City and it does not offer any help to the new school.

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Mr. Moore noted that the district is aware that the neighbors are very vocal about their neighborhood andit is an old community. He stated, starting next week, they will be installing an opaque fence that will runthe entire boundary of all of their properties. He stated they will be taking down the 45-year old metal fenceand put up a vinyl fence so that folks have a good screening. He also stated they are going to be removingtrees that people have complained about and are going to increase the maintenance. Mr. Moore stated theyhave hired an outside company to do that and will include spraying for bugs and fish in the pond to eat larvaefor insects. He stated they will also be doing grass cutting in this area once a week before the school isactually built through an outside vendor. He noted once the school is built, they will have their team oflandscapers and property folks that will be there on a weekly basis to make sure that the property stays ashigh category of property as it can. Responding to Mr. Anderson regarding substituting another property for the wetland, Mr. Moore stated thatthey believe if the Corps were to permit filling this wetland, they would require another wetland twice thislarge, perhaps three times this large. He stated they do not believe it makes sense to relocate what has beena nuisance to the neighbors there to somewhere else on the property. Since the wetland has been built, thereis now a new community on the other side of the high school, so moving it from one side to another is justgoing to move a nuisance. Mr. Moore noted they do not think that makes any sense to be on this propertyor to be on other school properties because of the nature of their use, kids and safety issues. He stated thatthe City actually has a better option, perhaps down by the St. Jones. He noted that the City owns the propertydown there, where the old treatment plant was or other properties. Mr. Anderson stated Mr. Moore liked the option of looking at City preserved property. He noted there wouldbe a possibility of working to utilize that to relocate a wetland. Responding, Mr. Moore stated they believeit should not be on this site and would work with the City to talk about other options. Mr. Anderson statedhe liked that option and that it was something that he would like to see come out of tonight’s meeting, areferral to the staff to discuss that particular issue. Responding to Mr. Anderson, Mr. Slavin cautioned against Staff to start looking into the issue, only becausethe decision on swapping lands for wetlands has to do with the scoring system rated on, not just acreage. Henoted that it is an analysis that would be done by the U.S. Army Corps of Engineers on the ecological valueof the lands. Mr. Slavin stated they could end up doing a lot of work identifying areas that simply would notscore out and they may want to initiate that conversation with them informally so that they do not get on thewrong foot when they start on that process. Ms. Linda Goodnight stated they understood the stormwater and asked about the area on the other side ofthe storm water drainage. Responding, Mr. Moore stated the neighbors believe that this pond actually servesCapital School District’s property or building, but it does not. He stated they do not have any use of the pondor system for the school. Ms. Goodnight stated she never felt it had anything to do with the school.Dr. Sylvia Henderson, Capital School District Interim Superintendent, stated she shared Mr. Moore’sremarks. Mr. Anderson stated he would have an addition in the header after Fourth District City Councilman to add,“and undersigned Councilmen,” because he hoped this would be approved and receive the signatures ofeveryone on City Council.

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Mr. Sudler moved to recommend pushing the letter to City Council for endorsement with proper signageand proofreading with Capital School District. The motion was seconded by Mr. Caldwell.

Mr. Taylor thanked Capital School District for being good stewards and great neighbors. Mr. Neil stated thathe would be moving this item forward as good faith for those residents in the area who basically have to putup with the problems that have occurred. He also thanked Mr. Moore and Capital School District forbringing forth the information. Mr. Sudler moved to recommend forwarding the letter to City Council for endorsement with propersignage and proofreading with Capital School District. The motion was seconded by Mr. Caldwell andunanimously carried.

Renaming of New Street Park to Bishop L.T. Blackshear ParkMr. Slavin provided background information regarding the renaming of New Street Park to Bishop L.T.Blackshear Park. Members of Council Committee of the Whole recalled Bishop Blackshear’s contributionsto the community and relayed several of their personal experiences with him. Mr. Anderson requested that they place in the record any commendations or proclamations, if they had oneat his funeral, added to the record. Mr. Lindell stated that as a City they need to do a better job telling their story. He suggested with anydedication of any park that they provide some historical context and the story of who these individuals were. Mr. Hare moved to recommend the renaming of New Street Park to Bishop L.T. Blackshear Park.The motion was seconded by acclamation, and unanimously carried.

Mr. Bobby Wilson and the Wilmington Hope CommissionDue to the absence of Mr. Bobby Wilson this item was deferred to the next Parks, Recreation, andCommunity Enhancement Meeting.

Summer Park Activities UpdateMr. Matt Harline, Assistant City Manager, and Ms. Carolyn Courtney, Administrative Assistant, Parks andRecreation Department, reviewed the Summer Park Activities Update. Responding to Mr. Sudler, Ms. Courtney stated they posted signs at the basketball court on Kirkwood Street.She stated they took down the actual rims and that is about all they could do. She stated she was not surewhat happened on Kirkwood Street, but would check on it. Mr. Harline stated he spoke with Mr. RobinEaton, Director of the Parks and Recreation Department. He noted that based on the new guidelines peopleare not supposed to play close defense, but there are guidelines by which they can be opened. Mr. Harlinestated they have removed rims in other places because everything they did to try and prevent people fromplaying basketball, when it was completely banned, did not work. Mr. Anderson noted that there is a lot of positive research that outdoors is different than indoors which iswhy the Department of Public Health (DPH) has recommended that. He noted that they did contact tracingon tens of thousands of people and only counted one that had an outdoor contact. Responding toMr. Anderson regarding new guidelines issued by DPH, Mr. Harline stated they have been trying to follow

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the Governor’s guidelines and that they can review the guidelines on basketball. Mr. Harline stated that theyactually had to do a more extensive protection back when the guidelines said that basketball could not beplayed, but they will review those and see if they can open up more basketball courts. Mr. Anderson statedit would be possible if it can be done safely. Responding to Mr. Anderson, Ms. Courtney stated that Ms. Sherwanda Rachel-Speaks, Recreation ProgramSpecialist, spoke to Mr. Eaten about whether they can get the outdoor movies up. Ms. Courtney stated theyare even looking at using the green and doing them there, possibly looking at a Tuesday evening. She statedthat it is something that they are going to move forward on and get up and running hopefully in the nextmonth.

Mr. Neil moved to recommend acceptance of the Summer Park Activities Update, seconded byCol. Dix, and unanimously carried.

Library Reopening PlanMr. Matt Harline, Assistant City Manager, and Ms. Patricia Crosby, Interim Library Director, reviewed thebackground information and analysis regarding the Library Reopening Plan.

Staff recommended a soft reopening on Monday, July 27 with a full Grand Reopening on August 10. If theCommittee is in agreement the Committee should direct staff to proceed. Option B would be to push thedates back by a week or two.

Mr. Harline stated that due to information they received this week, they were now recommending a softopening on August 3rd. He noted that the reason is that it would give them a chance to better coordinate withSunstates Securities, their security detail under the State contract, because they schedule two weeks out,giving them another week from this meeting would help a lot. Mr. Harline stated they are also schedulingtraining with Advantech and it would be better that week because the main person for the training is onvacation.

Ms. Crosby noted that the grand reopening would be later in the month of August the 17th or the 24th. Shestated that Mr. Brian Sylvestor, Library Director, and Ms. Meegs Johnson, Assistant Library Director, willbe starting on Monday July 20, 2020.

Mr. Neil stated he received a complaint for someone who he presumed was either an employee or avolunteer at the library with concern. He noted that the information in the packet that was available to thepublic to look at was very complete and had no problem with that. He stated that even in that packet, itindicated that it is going to be a little bit flexible depending upon certain circumstances and that it has beenpushed back. Mr. Neil stated he asked this individual to comment on it and let him know what they thought,but he has not heard back from that individual. Mr. Neil noted that he is anxious for the library to be openbecause he is a reader and looks forward to it and greeting the new folks that are coming in.

Mr. Harline stated that their modified request would be to establish a Monday staff day and then have it openfrom 10:00 a.m. to 1:00 p.m. and 3:00 p.m. to 6:00 p.m. for the public, Tuesday through Saturday. Thenhave the building closed to the public from 1:00 p.m. to 3:00 p.m., with curbside delivery and pickupavailable and they do some staff cleaning in there.

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Mr. Lindell stated they have asked their City employees to head back to work and to accept certain risks.He stated when he thinks about leadership, you lead from the front and it seems like they are asking theiremployees to go back to work, but they are still having meetings online and not in person. Mr. Lindell statedthey should not just dismiss employee issues when it comes to concerns about their safety and going backto work, even if they think it is premature to go back.

Responding to Mr. Hare, Ms. Crosby stated as of last Thursday, the County building is not physically openand they have been doing curbside. She noted that they have weekly director meetings for all of the librariesin the State of Delaware.

Mr. Anderson noted that there are two small libraries currently open and they are proposing to open inAugust, not July. Ms. Crosby noted that the both of those small libraries are in Sussex County.

Mr. Neil moved to recommend approval of Staff’s revised recommendation with the understandingthat it could change, depending on circumstances. The motion was seconded by Mr. Anderson andunanimously carried.

Mr. Neil moved for adjournment of the Parks, Recreation, and Community Enhancement Committeemeeting. The motion was seconded by Mr. Hare and unanimously carried.

Meeting adjourned at 9:05 p.m.

Mr. Neil moved for adjournment of the Council Committee of the Whole meeting. The motion wasseconded by Mr. Anderson and unanimously carried.

Meeting adjourned at 9:05 p.m.

William F. HareCouncil President

WFH/TM/jtS:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2020\07-14-2020 CCW Minutes.wpd

AttachmentsAttachment #1 - Presentation titled "Wireless Communications Facilities - Update on Development

Provisions and Ordinances”

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WIRELESS COMMUNICATIONS FACILITIESUPDATE ON DEVELOPMENT OF PROVISIONS AND ORDINANCES

JULY 14, 2020 – COUNCIL OF COMMITTEE OF WHOLE: UTILITY COMMITTEE MEETING

ATTACHMENT #1Council Committee of the Whole Meeting of 07/14/2020

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PURPOSE

To establish uniform standards for the siting, design, permitting, installation, maintenance and use of Wireless Communication Facilities in the City of Dover.

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TASKS UPDATE

Update to CCOW-Utility Committee on February 11, 2020; directed Staff to continue

Topic continues to be worked on by Staff of City Manager’s Office, Electric Department, Planning Office, and Department of Public Works

City continues to utilize Cohen Law Group as subject matter/legal resource

City Manager’s Office (Assistant City Manager) serves as leader in coordination among City Departments, law firm, and industry representative inquiries

Planning Office continued work on refinement of a WCF Ordinance

Planning Office & Electric Department worked on development of SWCF Design Manual

Electric Department & City Manager’s Office working on Master Licensing Agreements for pole attachments and licensing (on City owned poles and rights-of-way)

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WIRELESS COMMUNICATIONS FACILITIES

Small Wireless Communications Facility

Non-Tower WCF

Tower Based WCF

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EXHIBIT A:PRELIMINARY DRAFT OF WCF ORDINANCE (WCF ORDINANCE VERSION 1A – PLANNING 7-8-2020)

Development of Ordinance for adoption of regulations into Dover Code of Ordinances by creating new section Zoning Ordinance, Article 5 Section 23 Purpose Definitions Applicability Type of Activity Determination Application Procedures Regulations & Standards by Facility Type General Requirements

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EXHIBIT B:PRELIMINARY DRAFT CITY OF DOVER SMALL WCF LOCATION, DESIGN, AND PERMIT APPLICATION MANUAL (SWCF DESIGN MANUAL 7-8-2020)

Development of a Small Wireless Communication Facility Design Manual

Definitions

General Standards

Antenna and Accessory Equipment Standards

Utility Pole Standards

Review and Approval

Approval Timing

Development of Application Checklist and associated forms

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NEXT STEPS

Continuing Ordinance Drafting Work:

Coordination between WCF Ordinance & SWCF Design Manual

Cross-check with Zoning Ordinance

Cross-check with Dover Code of Ordinances

Determine Fees for Permit/Application Types

Establish Application Review Processing Procedures

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NEXT STEPS

Final editing & formatting of Ordinance and Documents Legal Review

Continued development and refinement of agreements and licensing associated with attachment on City owned poles and access to City right-of-way

Timeline for Formal Review of Ordinance Introduce Proposed Ordinance at CCOW First Reading at City Council Public Hearing & Recommendation by Planning Commission Public Hearing, Final Reading & Adoption of Ordinance by City Council

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QUESTIONS &COMMENTS

WIRELESS COMMUNICATIONS FACILITIES

14 Port t.nlster Anteon.a

I SG Antenna I

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City Council Meeting July 27, 2020

1 of 2

CITY OF DOVERFISCAL YEAR JULY 1, 2019 TO JUNE 30, 2020

QUARTERLY REVENUE REPORT - PRELIMINARYAs of June 30, 2020

FY20 FY20 100%ORIGINAL REVISED YTD % BUDGET FY19 FY18

GENERAL FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES1 Property Taxes 14,071,700$ 14,183,600$ 14,173,000$ 99.9% 12,923,000$ 12,714,400$ 2 Payment In Lieu of Taxes 525,000 525,000 557,900 106.3% 525,000 350,700 3 Transfer from Electric Fund 10,000,000 10,000,000 10,000,000 100.0% 10,000,000 10,000,000 4 Intrafund Service Receipts Electric 3,912,900 3,912,900 2,876,100 73.5% Not updated thru June 3,545,000 3,539,600 5 Transfer from Transfer Tax Fund 1,525,000 1,400,000 1,777,300 127.0% 1,638,500 2,023,100 6 Business Licenses 1,470,000 1,407,200 1,407,800 100.0% 1,437,500 1,473,300 7 Intrafund Service Receipts Water 1,067,800 1,067,800 784,900 73.5% Not updated thru June 844,100 836,450 8 Intrafund Service Receipts Wastewater 769,200 769,200 565,400 73.5% Not updated thru June 844,100 836,450 9 Sanitation Fees 3,076,600 3,076,600 3,069,000 99.8% 3,068,400 3,133,400

10 Permits & Other Licenses 1,724,000 1,254,000 1,053,600 84.0% 1,472,100 2,255,300 11 Transfer from Municipal Street Aid Fund 665,300 796,000 796,200 100.0% 806,300 666,100 12 Fines & Police Revenue 577,400 577,400 463,900 80.3% 571,500 613,100 13 Police Extra Duty Fees 520,100 281,200 270,100 96.1% June billing not included 579,900 517,800 14 Transfer from Police Grant Funds 145,000 145,000 65,800 45.4% 59,100 123,100 15 Court of Chancery Fees 1,475,000 1,475,000 1,477,300 100.2% 1,588,100 1,496,500 16 Transfer from Water/Wastewater Fund 1,000,000 1,000,000 1,000,000 100.0% 1,000,000 900,000 17 Transfer from Civil Traffic Penalties Fund 532,900 400,000 386,600 96.7% May & June ERLSP not yet received 449,400 508,000 18 Library Revenues & County Reciprocal Pymt 384,800 342,800 329,500 96.1% 410,200 392,100 19 Franchise Fees 645,000 525,000 395,200 75.3% Q4 fees not yet received 631,900 656,300 20 General Fund Grant Receipts 543,500 554,500 625,700 112.8% 635,200 584,800 21 Recreation Revenue 144,500 95,500 85,200 89.2% 141,400 137,900 22 Other Miscellaneous Receipts 168,000 112,700 111,400 98.8% 158,000 181,200 23 Interest Income 120,000 80,000 72,600 90.8% Not updated thru June 327,600 202,000

TOTALS 45,063,700$ 43,981,400$ 42,344,500$ 96.3% 43,656,300$ 44,141,600$ Final Budget 43,867,700$ 42,974,800$

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City Council Meeting July 27, 2020

2 of 2

CITY OF DOVERFISCAL YEAR JULY 1, 2019 TO JUNE 30, 2020

QUARTERLY REVENUE REPORT - PRELIMINARYAs of June 30, 2020

FY20 FY20 100.0% ORIGINAL REVISED YTD % BUDGET FY19 FY18

WATER FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES1 Water Fees 5,530,800$ 5,530,800$ 5,492,900$ 99.3% 5,682,000$ 5,584,500$ 2 Water Impact Fees 570,000 570,000 215,900 37.9% 753,200 1,069,700 3 Water Tank Space Leasing 410,200 410,200 356,700 87.0% Timing of rent payments 399,800 390,600 4 Interest Income 10,000 10,000 42,500 425.0% 34,100 19,300 5 Other Miscellaneous Revenues 23,000 23,000 26,800 116.5% 2,000 22,900

TOTALS 6,544,000$ 6,544,000$ 6,134,800$ 93.7% 6,871,100$ 7,087,000$

Final Budget 6,505,600$ 6,573,200$

FY20 FY20 100.0% ORIGINAL REVISED YTD % BUDGET FY19 FY18

WASTEWATER FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES1 Wastewater Fees 3,654,700 3,654,700 3,557,000 97.3% 3,720,800 3,612,200 2 Wastewater Adjustment Fees - County Trtmt 3,267,000 3,267,000 3,053,100 93.5% 2,902,900 2,813,900 3 Groundwater Inflow Adjustment 1,841,900 1,841,900 1,771,800 96.2% 1,858,200 1,800,200 4 Wastewater Impact Fees 480,000 480,000 211,500 44.1% 688,100 962,700 5 Interest Income 10,000 10,000 5,400 54.0% 21,300 19,300 6 Other Miscellaneous Revenues 23,200 23,200 7,000 30.2% 10,300 22,900

TOTALS 9,276,800$ 9,276,800$ 8,605,800$ 92.8% 9,201,600$ 9,231,200$

Final Budget 9,261,300$ 8,865,800$

FY20 FY20 100.0% ORIGINAL REVISED YTD % BUDGET FY19 FY18

ELECTRIC REVENUE FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES1 Sales to Customers 82,686,400$ 82,686,400$ 76,592,200$ 92.6% 80,706,700$ 81,494,300$ 2 Distribution of Earnings (2,873,800) (2,873,800) (2,644,300) 92.0% (2,839,700) (6,337,100) 3 Utility Tax 1,322,000 1,322,000 1,184,800 89.6% 1,270,300 1,255,100 4 Miscellaneous Revenue 765,400 765,400 1,113,900 145.5% 1,281,500 780,000 5 Interest Income 195,000 195,000 224,500 115.1% 295,000 218,700

TOTALS 82,095,000$ 82,095,000$ 76,471,100$ 93.1% 80,713,800$ 77,411,000$ Final Budget 84,881,800$ 75,697,500$